Agenda packet, regular meeting — Livingston City Council, August 18, 2026 (part 2 of 2)

1.!lfil!9,_ (a) The Legislature finds and declares that this chapter establishes a method to estimate the aggregate amount of water that would have been delivered the previous year by an urban retail water supplier if all that water had been used efficiently. This estimated aggregate water use is the urban retail water supplier's urban water use objective. The method is based on water use efficiency standards and local service area characteristics for that year. By comparing the amount of water actually used in the previous year with the urban water use objective, local urban water suppliers will be in a better position to help eliminate unnecessary use of water; that is, water used in excess of that needed to accomplish the intended beneficial use. (b) The Legislature further finds and declares all of the following :
(1) This chapter establishes standards and practices for the following water uses:
(A) Indoor residential use.
(B) Outdoor residential use.
(C) CII water use.
(D) Water losses.
(E) Other unique local uses and situations that can have a material effect on an urban water supplier's total water use.
(2) This chapter further does all of the following :
(A) Establishes a method to calculate each urban water use objective. (B) Considers recycled water quality in establishing efficient irrigation standards. (C) Requires the department to provide or otherwise identify data regarding the unique local conditions to support the calculation of an urban water use objective. (D) Provides for the use of alternative sources of data if alternative sources are shown to be as accurate as, or more accurate than, the data provided by the department. (E) Requires annual reporting of the previous year's water use with the urban water use objective. (F) Provides a bonus incentive for the amount of potable recycled water used the previous year when comparing the previous year's water use with the urban water use objective, of up to 10 percent of the urban water use objective.
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(3) This chapter requires the department and the board to solicit broad public participation from stakeholders and other interested persons in the development of the standards and the adoption of regulations pursuant to this chapter.
( 4) This chapter preserves the Legislature's authority over long-term water use efficiency target setting and ensures appropriate legislative oversight of the implementation of this chapter by doing all of the following:
(A) Requiring the Legislative Analyst to conduct a review of the implementation of this chapter, including compliance with the adopted standards and regulations, accuracy of the data, use of alternate data, and other issues the Legislative Analyst deems appropriate.
(B) Stating legislative intent that the director of the department and the chairperson of the board appear before the appropriate Senate and Assembly policy committees to report on progress in implementing this chapter.
(C) Providing one-time-only authority to the department and board to adopt water use efficiency standards, except as explicitly provided in this chapter. Authorization to update the standards shall require separate legislation.
(c) It is the intent of the Legislature that the following principles apply to the development and implementation of long-term standards and urban water use objectives:
(1) Local urban retail water suppliers should have primary responsibility for meeting standards-based water use targets, and they shall retain the flexibility to develop their water supply portfolios, design and implement water conservation strategies, educate their customers, and enforce their rules. (2) Long-term standards and urban water use objectives should advance the state's goals to mitigate and adapt to climate change.
(3) Long-term standards and urban water use objectives should acknowledge the shade, air quality, and heatisland reduction benefits provided to communities by trees through the support of water-efficient irrigation practices that keep trees healthy.
(4) The state should identify opportunities for streamlined reporting, eliminate redundant data submissions, and incentivize open access to data collected by urban and agricultural water suppliers. (Amended by Stats. 2019, Ch. 497, Sec. 287. (AB 991) Effective January 1, 2020.) 10609.2. (a) The board, in coordination with the department, shall adopt long-term standards for the efficient use of water pursuant to this chapter on or before June 30, 2022. (b) Standards shall be adopted for all of the following:
(1) Outdoor residential water use.
(2) Outdoor irrigation of landscape areas with dedicated irrigation meters in connection with CII water use. (3) A volume for water loss.
( c) When adopting the standards under this section, the board shall consider the policies of this chapter and the proposed efficiency standards' effects on local wastewater management, developed and natural parklands, and urban tree health. The standards and potential effects shall be identified by May 30, 2022. The board shall allow for public comment on potential effects identified by the board under this subdivision. (d) The long-term standards shall be set at a level designed so that the water use objectives, together with other demands excluded from the long-term standards such as CII indoor water use and CII outdoor water use not connected to a dedicated landscape meter, would exceed the statewide conservation targets required pursuant to Chapter 3 (commencing with Section 10608.16).
(e) The board, in coordination with the department, shall adopt by regulation variances recommended by the department pursuant to Section 10609.14 and guidelines and methodologies pertaining to the calculation of an urban retail water supplier's urban water use objective recommended by the department pursuant to Section 10609.16.
(Added by Stats. 2018, Ch. 15, Sec. 7. (AB 1668) Effective January 1, 2019.) 231 of 912
10609.4. (a) (1) Until January 1, 2025, the standard for indoor residential water use shall be 55 gallons per capita daily.
(2) Beginning January 1, 2025, and until January 1, 2030, the standard for indoor residential water use shall be 47 gallons per capita daily.
(3) Beginning January 1, 2030, the standard for indoor residential water use shall be 42 gallons per capita daily. (b) (1) The department, in coordination with the board, shall conduct necessary studies and investigations to assess and quantify the economic benefits and impacts of the 2030 indoor residential use standard on water, wastewater, and recycled water systems and shall include saturation end-use studies. The studies and investigations shall build on the standards and potential effects identified pursuant to subdivision (c) of Section 10609.2 and shall also consider, and as appropriate incorporate, other regional and statewide studies that quantify the impacts on water, wastewater, and recycled water systems, and evaluate the long-term effects of telework. To facilitate these studies and investigations, the board may request necessary and relevant information from wastewater agencies, including monthly influent flow, actions taken to reassess treatment processes, and the impact of the implementation of this chapter on wastewater operations, maintenance, and capital investment. The department, in coordination with the board, shall summarize the findings of these studies and investigations in a report to the Legislature on or before October 1, 2028. The report shall be submitted in compliance with Section 9795 of the Government Code.
(2) If the department, in coordination with the board, determines that the 2030 indoor residential use standard is likely to unduly impact affordability of water and wastewater services, the department and the board may jointly recommend to the Legislature an alternate date on which the 2030 indoor residential use standard shall take effect. This determination shall be made using at least two years of data reflecting application of the 2025 indoor residential use standard .
(3) Based upon the studies and investigations conducted pursuant to paragraph (1), the department shall consider whether to recommend, for adoption by the board, additional variances to accommodate unique challenges related to residential indoor water use pursuant to Section 10609.2. Variance options may include, but are not limited to, stranded assets, impacts on disadvantaged communities, impacts to environmental flows, or adverse impacts to wastewater or recycled water operations. (4) The studies, investigations, and report described in paragraph (1) shall include timely and inclusive collaboration with, and input from, a broad group of stakeholders, including, but not limited to, environmental groups, experts in indoor plumbing, water, wastewater, and recycled water agencies. (c) An urban retail water supplier shall not be subject to enforcement pursuant to this chapter solely for failing to meet the indoor residential use standard.
(Amended by Stats. 2022, Ch. 679, Sec. 1. (SB 1157) Effective January 1, 2023.) 10609.6. (a) (1) The department, in coordination with the board, shall conduct necessary studies and investigations and recommend, no later than October 1, 2021, standards for outdoor residential use for adoption by the board in accordance with this chapter.
(2) (A) The standards shall incorporate the principles of the model water efficient landscape ordinance adopted by the department pursuant to the Water Conservation in Landscaping Act (Article 10.8 (commencing with Section 65591) of Chapter 3 of Division 1 of Title 7 of the Government Code). (B) The standards shall apply to irrigable lands.
(C) The standards shall include provisions for swimming pools, spas, and other water features. Ornamental water features that are artificially supplied with water, including ponds, lakes, waterfalls, and fountains, shall be analyzed separately from swimming pools and spas.
(b) The department shall, by January 1, 2021, provide each urban retail water supplier with data regarding the area of residential irrigable lands in a manner that can reasonably be applied to the standards adopted pursuant to this section.
(c) The department shall not recommend standards pursuant to this section until it has conducted pilot projects or studies, or some combination of the two, to ensure that the data provided to local agencies are reasonably accurate 232 of 912
for the data's intended uses, taking into consideration California's diverse landscapes and community characteristics.
(Added by Stats. 2018, Ch. 15, Sec. 7. (AB 1668) Effective January 1, 2019.) 10609.8. (a) The department, in coordination with the board, shall conduct necessary studies and investigations and recommend, no later than October 1, 2021, standards for outdoor irrigation of landscape areas with dedicated irrigation meters or other means of calculating outdoor irrigation use in connection with CII water use for adoption by the board in accordance with this chapter.
(b) The standards shall incorporate the principles of the model water efficient landscape ordinance adopted by the department pursuant to the Water Conservation in Landscaping Act (Article 10.8 (commencing with Section 65591) of Chapter 3 of Division 1 of Title 7 of the Government Code). (c) The standards shall include an exclusion for water for commercial agricultural use meeting the definition of subdivision (b) of Section 51201 of the Government Code. (Added by Stats. 2018, Ch. 15, Sec. 7. (AB 1668) Effective January 1, 2019.) 10609.9. For purposes of Sections 10609.6 and 10609.8, "principles of the model water efficient landscape ordinance" means those provisions of the model water efficient landscape ordinance applicable to the establishment or determination of the amount of water necessary to efficiently irrigate both new and existing landscapes. These provisions include, but are not limited to, all of the following:
(a) Evapotranspiration adjustment factors, as applicable. (b) Landscape area.
(c) Maximum applied water allowance.
( d) Reference evapotranspiration .
(e) Special landscape areas, including provisions governing evapotranspiration adjustment factors for different types of water used for irrigating the landscape.
(Added by Stats. 2018, Ch. 15, Sec. 7. (AB 1668) Effective January 1, 2019.) 10609.10. (a) The department, in coordination with the board, shall conduct necessary studies and investigations and recommend, no later than October 1, 2021, performance measures for CII water use for adoption by the board in accordance with this chapter.
(b) Prior to recommending performance measures for CII water use, the department shall solicit broad public participation from stakeholders and other interested persons relating to all of the following:
(1) Recommendations for a CII water use classification system for California that address significant uses of water.
(2) Recommendations for setting minimum size thresholds for converting mixed CII meters to dedicated irrigation meters, and evaluation of, and recommendations for, technologies that could be used in lieu of requiring dedicated irrigation meters.
(3) Recommendations for CII water use best management practices, which may include, but are not limited to, water audits and water management plans for those CII customers that exceed a recommended size, volume of water use, or other threshold.
(c) Recommendations of appropriate performance measures for CII water use shall be consistent with the October 21, 2013, report to the Legislature by the Commercial, Industrial, and Institutional Task Force entitled "Water Use Best Management Practices," including the technical and financial feasibility recommendations provided in that report, and shall support the economic productivity of California's commercial, industrial, and institutional sectors. (d) (1) The board, in coordination with the department, shall adopt performance measures for CII water use on or before June 30, 2022.
(2) Each urban retail water supplier shall implement the performance measures adopted by the board pursuant to paragraph (1).
(Added by Stats. 2018, Ch. 15, Sec. 7. (AB 1668) Effective January 1, 2019.) 233 of 912
10609.12. The standards for water loss for urban retail water suppliers shall be the standards adopted by the board pursuant to subdivision (i) of Section 10608.34.
(Added by Stats. 2018, Ch. 15, Sec. 7. (AB 1668) Effective January 1, 2019.) 10609.14. (a) The department, in coordination with the board, shall conduct necessary studies and investigations and, no later than October 1, 2021, recommend for adoption by the board in accordance with this chapter appropriate variances for unique uses that can have a material effect on an urban retail water supplier's urban water use objective.
(b) Appropriate variances may include, but are not limited to, allowances for the following :
(1) Significant use of evaporative coolers.
(2) Significant populations of horses and other livestock. (3) Significant fluctuations in seasonal populations.
(4) Significant landscaped areas irrigated with recycled water having high levels of total dissolved solids. (5) Significant use of water for soil compaction and dust control. (6) Significant use of water to supplement ponds and lakes to sustain wildlife. (7) Significant use of water to irrigate vegetation for fire protection. (8) Significant use of water for commercial or noncommercial agricultural use. (c) The department, in recommending variances for adoption by the board, shall also recommend a threshold of significance for each recommended variance.
(d) Before including any specific variance in calculating an urban retail water supplier's water use objective, the urban retail water supplier shall request and receive approval by the board for the inclusion of that variance. (e) The board shall post on its Internet Web site all of the following :
(1) A list of all urban retail water suppliers with approved variances. (2) The specific variance or variances approved for each urban retail water supplier. (3) The data supporting approval of each variance.
(Added by Stats. 2018, Ch. 15, Sec. 7. (AB 1668) Effective January 1, 2019.) 10609.15. To help streamline water data reporting, the department and the board shall do all of the following :
(a) Identify urban water reporting requirements shared by both agencies, and post on each agency's Internet Web site how the data is used for planning, regulatory, or other purposes. (b) Analyze opportunities for more efficient publication of urban water reporting requirements within each agency, and analyze how each agency can integrate various data sets in a publicly accessible location, identify priority actions, and implement priority actions identified in the analysis. (c) Make appropriate data pertaining to the urban water reporting requirements that are collected by either agency available to the public according to the principles and requirements of the Open and Transparent Water Data Act (Part 4.9 (commencing with Section 12400)).
(Added by Stats. 2018, Ch. 15, Sec. 7. (AB 1668) Effective January 1, 2019.) 10609.16. The department, in coordination with the board, shall conduct necessary studies and investigations and recommend, no later than October 1, 2021, guidelines and methodologies for the board to adopt that identify how an urban retail water supplier calculates its urban water use objective. The guidelines and methodologies shall address, as necessary, all of the following :
(a) Determining the irrigable lands within the urban retail water supplier's service area. 234 of 912
(b) Updating and revising methodologies described pursuant to subparagraph (A) of paragraph (1) of subdivision (h) of Section 10608.20, as appropriate, including methodologies for calculating the population in an urban retail water supplier's service area .
(c) Using landscape area data provided by the department or alternative data. (d) Incorporating precipitation data and climate data into estimates of a urban retail water supplier's outdoor irrigation budget for its urban water use objective.
(e) Estimating changes in outdoor landscape area and population, and calculating the urban water use objective, for years when updated landscape imagery is not available from the department. (f) Determining acceptable levels of accuracy for the supporting data, the urban water use objective, and compliance with the urban water use objective.
(Added by Stats. 2018, Ch. 15, Sec. 7. (AB 1668) Effective January 1, 2019.) 10609.18. The department and the board shall solicit broad public participation from stakeholders and other interested persons in the development of the standards and the adoption of regulations pursuant to this chapter.

The board shall hold at least one public meeting before taking any action on any standard or variance recommended by the department.
(Added by Stats. 2018, Ch. 15, Sec. 7. (AB 1668) Effective January 1, 2019.) 10609.20. (a) Each urban retail water supplier shall calculate its urban water use objective no later than January 1, 2024, and by January 1 every year thereafter.
(b) The calculation shall be based on the urban retail water supplier's water use conditions for the previous calendar or fiscal year.
(c) Each urban water supplier's urban water use objective shall be composed of the sum of the following :
(1) Aggregate estimated efficient indoor residential water use. (2) Aggregate estimated efficient outdoor residential water use. (3) Aggregate estimated efficient outdoor irrigation of landscape areas with dedicated irrigation meters or equivalent technology in connection with CII water use. ( 4) Aggregate estimated efficient water losses.
(5) Aggregate estimated water use in accordance with variances, as appropriate. (d) (1) An urban retail water supplier that delivers water from a groundwater basin, reservoir, or other source that is augmented by potable reuse water may adjust its urban water use objective by a bonus incentive calculated pursuant to this subdivision.
(2) The water use objective bonus incentive shall be the volume of its potable reuse delivered to residential water users and to landscape areas with dedicated irrigation meters in connection with CII water use, on an acre-foot basis.
(3) The bonus incentive pursuant to paragraph (1) shall be limited in accordance with one of the following :
(A) The bonus incentive shall not exceed 15 percent of the urban water supplier's water use objective for any potable reuse water produced at an existing facility.
(B) The bonus incentive shall not exceed 10 percent of the urban water supplier's water use objective for any potable reuse water produced at any facility that is not an existing facility. (4) For purposes of this subdivision, "existing facility" means a facility that meets all of the following:
(A) The facility has a certified environmental impact report, mitigated negative declaration, or negative declaration on or before January 1, 2019.
(B) The facility begins producing and delivering potable reuse water on or before January 1, 2022. 235 of 912
(C) The facility uses microfiltration and reverse osmosis technologies to produce the potable reuse water. (e) (1) The calculation of the urban water use objective shall be made using landscape area and other data provided by the department and pursuant to the standards, guidelines, and methodologies adopted by the board .

The department shall provide data to the urban water supplier at a level of detail sufficient to allow the urban water supplier to verify its accuracy at the parcel level.
(2) Notwithstanding paragraph (1), an urban retail water supplier may use alternative data in calculating the urban water use objective if the supplier demonstrates to the department that the alternative data are equivalent, or superior, in quality and accuracy to the data provided by the department. The department may provide technical assistance to an urban retail water supplier in evaluating whether the alternative data are appropriate for use in calculating the supplier's urban water use objective. (Amended by Stats. 2019, Ch. 239, Sec. 2. (AB 1414) Effective January 1, 2020.) 10609.21. (a) For purposes of Section 10609.20, and notwithstanding paragraph (4) of subdivision (d) of Section 10609.20, "existing facility" also includes the North City Project, phase one of the Pure Water San Diego Program, for which an environmental impact report was certified on April 10, 2018. (b) This section shall become operative on January 1, 2019. (Added by Stats. 2018, Ch. 453, Sec. 4. (SB 875) Effective September 17, 2018. Section operative January 1, 2019, by its own provisions.)
10609.22. (a) An urban retail water supplier shall calculate its actual urban water use no later than January 1, 2024, and by January 1 every year thereafter.
(b) The calculation shall be based on the urban retail water supplier's water use for the previous calendar or fiscal year.
(c) Each urban water supplier's urban water use shall be composed of the sum of the following :
(1) Aggregate residential water use.
(2) Aggregate outdoor irrigation of landscape areas with dedicated irrigation meters in connection with CII water use.
(3) Aggregate water losses.
(Amended by Stats. 2019, Ch. 239, Sec. 3. (AB 1414) Effective January 1, 2020.) 10609.24. (a) An urban retail water supplier shall submit a report to the department no later than January 1, 2024, and by January 1 every year thereafter. The report shall include all of the following :
(1) The urban water use objective calculated pursuant to Section 10609.20 along with relevant supporting data. (2) The actual urban water use calculated pursuant to Section 10609.22 along with relevant supporting data . (3) Documentation of the implementation of the performance measures for CII water use. (4) A description of the progress made towards meeting the urban water use objective. (5) The validated water loss audit report conducted pursuant to Section 10608.34. (b) The department shall post the reports and information on its internet website. (c) The board may issue an information order or conservation order to, or impose civil liability on, an entity or individual for failure to submit a report required by this section. (Amended by Stats. 2019, Ch. 239, Sec. 4. (AB 1414) Effective January 1, 2020.) 10609.25. As part of the first report submitted to the department by an urban retail water supplier no later than January 1, 2024, pursuant to subdivision (a) of Section 10609.24, each urban retail water supplier shall provide a narrative that describes the water demand management measures that the supplier plans to implement to achieve its urban water use objective by January 1, 2027.
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(Added by Stats. 2019, Ch. 239, Sec. 5. (AB 1414) Effective January 1, 2020.) 10609.26. (a) (1) On and after January 1, 2024, the board may issue informational orders pertaining to water production, water use, and water conservation to an urban retail water supplier that does not meet its urban water use objective required by this chapter. Informational orders are intended to obtain information on supplier activities, water production, and conservation efforts in order to identify technical assistance needs and assist urban water suppliers in meeting their urban water use objectives. (2) In determining whether to issue an informational order, the board shall consider the degree to which the urban retail water supplier is not meeting its urban water use objective, information provided in the report required by Section 10609.24, and actions the urban retail water supplier has implemented or will implement in order to help meet the urban water use objective.
(3) The board shall share information received pursuant to this subdivision with the department. (4) An urban water supplier may request technical assistance from the department. The technical assistance may, to the extent available, include guidance documents, tools, and data. (b) On and after January 1, 2025, the board may issue a written notice to an urban retail water supplier that does not meet its urban water use objective required by this chapter. The written notice may warn the urban retail water supplier that it is not meeting its urban water use objective described in Section 10609.20 and is not making adequate progress in meeting the urban water use objective, and may request that the urban retail water supplier address areas of concern in its next annual report required by Section 10609.24. In deciding whether to issue a written notice, the board may consider whether the urban retail water supplier has received an informational order, the degree to which the urban retail water supplier is not meeting its urban water use objective, information provided in the report required by Section 10609.24, and actions the urban retail water supplier has implemented or will implement in order to help meet its urban water use objective. (c) (1) On and after January 1, 2026, the board may issue a conservation order to an urban retail water supplier that does not meet its urban water use objective. A conservation order may consist of, but is not limited to, referral to the department for technical assistance, requirements for education and outreach, requirements for local enforcement, and other efforts to assist urban retail water suppliers in meeting their urban water use objective. (2) In issuing a conservation order, the board shall identify specific deficiencies in an urban retail water supplier's progress towards meeting its urban water use objective, and identify specific actions to address the deficiencies. (3) The board may request that the department provide an urban retail water supplier with technical assistance to support the urban retail water supplier's actions to remedy the deficiencies. (d) A conservation order issued in accordance with this chapter may include requiring actions intended to increase water-use efficiency, but shall not curtail or otherwise limit the exercise of a water right, nor shall it require the imposition of civil liability pursuant to Section 377.
(Amended by Stats. 2019, Ch. 239, Sec. 6. (AB 1414) Effective January 1, 2020.) 10609.27. Notwithstanding Section 10609.26, the board shall not issue an information order, written notice, or conservation order pursuant to Section 10609.26 if both of the following conditions are met:
(a) The board determines that the urban retail water supplier is not meeting its urban water use objective solely because the volume of water loss exceeds the urban retail water supplier's standard for water loss. (b) Pursuant to Section 10608.34, the board is taking enforcement action against the urban retail water supplier for not meeting the performance standards for the volume of water losses. (Added by Stats. 2019, Ch. 203, Sec. 1. (SB 134) Effective January 1, 2020.) 10609.28. The board may issue a regulation or informational order requiring a wholesale water supplier, an urban retail water supplier, or a distributor of a public water supply, as that term is used in Section 350, to provide a monthly report relating to water production, water use, or water conservation. (Added by Stats. 2018, Ch. 14, Sec. 12. (SB 606) Effective January 1, 2019.) 10609.30. On or before January 10, 2024, the Legislative Analyst shall provide to the appropriate policy committees of both houses of the Legislature and the public a report evaluating the implementation of the water use efficiency 237 of 912
standards and water use reporting pursuant to this chapter. The board and the department shall provide the Legislative Analyst with the available data to complete this report. (a) The report shall describe all of the following :
(1) The rate at which urban retail water users are complying with the standards, and factors that might facilitate or impede their compliance.
(2) The accuracy of the data and estimates being used to calculate urban water use objectives. (3) Indications of the economic impacts, if any, of the implementation of this chapter on urban water suppliers and urban water users, including CII water users.
(4) The frequency of use of the bonus incentive, the volume of water associated with the bonus incentive, value to urban water suppliers of the bonus incentive, and any implications of the use of the bonus incentive on water use efficiency.
(5) The early indications of how implementing this chapter might impact the efficiency of statewide urban water use.
(6) Recommendations, if any, for improving statewide urban water use efficiency and the standards and practices described in this chapter.
(7) Any other issues the Legislative Analyst deems appropriate. (Added by Stats. 2018, Ch. 14, Sec. 13. (SB 606) Effective January 1, 2019.) 10609.32. It is the intent of the Legislature that the chairperson of the board and the director of the department appear before the appropriate policy committees of both houses of the Legislature on or around January 1, 2026, and report on the implementation of the water use efficiency standards and water use reporting pursuant to this chapter. It is the intent of the Legislature that the topics to be covered include all of the following :
(a) The rate at which urban retail water suppliers are complying with the standards, and factors that might facilitate or impede their compliance.
(b) What enforcement actions have been taken, if any.
(c) The accuracy of the data and estimates being used to calculate urban water use objectives. (d) Indications of the economic impacts, if any, of the implementation of this chapter on urban water suppliers and urban water users, including CII water users.
(e) The frequency of use of the bonus incentive, the volume of water associated with the bonus incentive, value to urban water suppliers of the bonus incentive, and any implications of the use of the bonus incentive on water use efficiency.
(f) An assessment of how implementing this chapter is affecting the efficiency of statewide urban water use. (Added by Stats. 2018, Ch. 14, Sec. 14. (SB 606) Effective January 1, 2019.) 10609.33. (a) On or before January 1, 2028, the department, in coordination with the board, shall submit a report to the Legislature on the progress of urban retail water suppliers towards achieving their urban water use objective pursuant to Section 10609.2.
(b) (1) The requirement for submitting a report imposed under subdivision (a) is inoperative on January 1, 2032, pursuant to Section 10231.5 of the Government Code.
(2) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
(Added by Stats. 2022, Ch. 679, Sec. 2. (SB 1157) Effective January 1, 2023.) 10609.34. Notwithstanding Section 15300.2 of Title 14 of the California Code of Regulations, an action of the board taken under this chapter shall be deemed to be a Class 8 action, within the meaning of Section 15308 of Title 14 of the California Code of Regulations, provided that the action does not involve relaxation of existing water conservation or water use standards.
(Added by Stats. 2018, Ch. 14, Sec. 15. (SB 606) Effective January 1, 2019.) 238 of 912
10609.36. (a) Nothing in this chapter shall be construed to determine or alter water rights. Sections 1010 and 1011 apply to water conserved through implementation of this chapter. (b) Nothing in this chapter shall be construed to authorize the board to update or revise water use efficiency standards authorized by this chapter except as explicitly provided in this chapter. Authorization to update the standards beyond that explicitly provided in this chapter shall require separate legislation . (c) Nothing in this chapter shall be construed to limit or otherwise affect the use of recycled water as seawater barriers for groundwater salinity management.
(Added by Stats. 2018, Ch. 14, Sec. 16. (SB 606) Effective January 1, 2019.) 10609.38. The board may waive the requirements of this chapter for a period of up to five years for any urban retail water supplier whose water deliveries are significantly affected by changes in water use as a result of damage from a disaster such as an earthquake or fire. In establishing the period of a waiver, the board shall take into consideration the breadth of the damage and the time necessary for the damaged areas to recover from the disaster.
(Added by Stats. 2018, Ch. 14, Sec. 17. (SB 606) Effective January 1, 2019.) 239 of 912
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WATER CODE • WAT
DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 • 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932.) PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 • 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1.)
CHAPTER 10. Countywide Drought and Water Shortage Contingency Plans [10609.40 -10609.42] ( Chapter 10 added by Stats. 2018, Ch. 15, Sec. 8. )
10609.40. The Legislature finds and declares both of the following:
(a) Small water suppliers and rural communities are often not covered by established water shortage planning requirements. Currently, most counties do not address water shortages or do so minimally in their general plan or the local hazard mitigation plan.
(b) The state should provide guidance to improve drought planning for small water suppliers and rural communities.
(Added by Stats. 2018, Ch. 15, Sec. 8. (AB 1668) Effective January 1, 2019.) 10609.42. (a) No later than January 1, 2020, the department, in consultation with the board and other relevant state and local agencies and stakeholders, shall use available data to identify small water suppliers and rural communities that may be at risk of drought and water shortage vulnerability. The department shall notify counties and groundwater sustainability agencies of those suppliers or communities that may be at risk within its jurisdiction, and may make the information publicly accessible on its Internet Web site. (b) The department shall, in consultation with the board, by January 1, 2020, propose to the Governor and the Legislature recommendations and guidance relating to the development and implementation of countywide drought and water shortage contingency plans to address the planning needs of small water suppliers and rural communities. The department shall recommend how these plans can be included in county local hazard mitigation plans or otherwise integrated with complementary existing planning processes. The guidance from the department shall outline goals of the countywide drought and water shortage contingency plans and recommend components including, but not limited to, all of the following :
(1) Assessment of drought vulnerability.
(2) Actions to reduce drought vulnerability.
(3) Response, financing, and local communication and outreach planning efforts that may be implemented in times of drought.
(4) Data needs and reporting.
(5) Roles and responsibilities of interested parties and coordination with other relevant water management planning efforts.
(c) In formulating the proposal, the department shall utilize a public process involving state agencies, cities, counties, small communities, small water suppliers, and other stakeholders. (Added by Stats. 2018, Ch. 15, Sec. 8. (AB 1668) Effective January 1, 2019.) 240 of 912
City of Livingston
2025 Urban Water Management Plan
Appendix B – Notice of Plan Preparation

APPENDIX B

NOTICE OF PLAN PREPARATION
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City of Livingston
1416 C Street
Livingston, CA 95334
May 26, 2026
City of Merced
Scott McBride
City Manager
678 West 18th Street
Merced, CA 95340
Subject: 2025 Urban Water Management Plan Preparation
Dear Mr. McBride,
State law requires each urban water supplier to prepare and adopt an Urban Water Management Plan (UWMP) at least once every five years. The City of Livingston (City) is currently preparing its 2025 UWMP in accordance with the California Water Code and the 2025 UWMP Guidebook issued by the California Department of Water Resources.

The UWMP documents City's plans to ensure adequate and reliable water supplies to meet existing and projected water demands under a range of water supply conditions. As part of the UWMP preparation process, City is coordinating with regional agencies and water suppliers to support consistent and informed water resources planning.

Pursuant to California Water Code Section 10621 (b ), the City is notifying agencies and jurisdictions within the region of the preparation of its 2025 UWMP and invites your agency to participate in this process. A draft UWMP will be made available for review upon completion.

Public hearings will be scheduled at least sixty (60) days prior to consideration of adoption of the 2025 UWMP by the City Council.

If you have any comments, questions, or information you would like the City to consider during preparation of the UWMP, please feel free to our Consultant, Mr. Alfonso Manrique at 559-473- 1371 or mail at alfonso.manriq ue c am-ce.com.

Sincere! ,
on havarria
Director of Public Works
City of Livingston
Office: (209) 394-8044
[email protected]

CITY OF LIVINGSTON
1416 "C" Street LIVINGSTON, CALIFORNIA 95334 PHONE: (209)394-8041 FAX: (209) 394-4190 242 of 912
City of Livingston
May 26, 2026
1416 C Street
Livingston, CA 95334
City of Atwater
Chris Hoem
City Manager
1160 Fifth St
Atwater, CA 95301
Subject: 2025 Urban Water Management Plan Preparation
Dear Mr. Hoem,
State law requires each urban water supplier to prepare and adopt an Urban Water Management Plan (UWMP) at least once every five years. The City of Livingston (City) is currently preparing its 2025 UWMP in accordance with the California Water Code and the 2025 UWMP Guidebook issued by the California Department of Water Resources.

Public hearings will be scheduled at least sixty (60) days prior to consideration of adoption of the 2025 UWMP by the City Council.

CITY OF LIVINGSTON
1416 "C" Street LIVINGSTON, CALIFORNIA 95334 PHONE: (209)394-8041 FAX: (209) 394-4190 243 of 912
City of Livingston
1416 C Street
Livingston, CA 95334
May 26, 2026
County of Merced
Yorel Ackerman
Deputy Director
715 Martin Luther King Jr Way
Merced, CA 95340
Subject: 2025 Urban Water Management Plan Preparation
Dear Mr. Ackerman,
State law requires each urban water supplier to prepare and adopt an Urban Water Management Plan (UWMP) at least once every five years. The City of Livingston (City) is currently preparing its 2025 UWMP in accordance with the California Water Code and the 2025 UWMP Guidebook issued by the California Department of Water Resources.

Public hearings will be scheduled at least sixty ( 60) days prior to consideration of adoption of the 2025 UWMP by the City Council.

CITY OF LIVINGSTON
1416 "C" Street LIVINGSTON, CALIFORNIA 95334 PHONE: (209)394-8041 FAX: (209) 394-4190 244 of 912
City of Livingston
May 26, 2026
1416 C Street
Livingston, CA 95334
Merced Irrigation District
John Sweigard
General Manager
744 West 20th Street
Merced, CA 95340
Subject: 2025 Urban Water Management Plan Preparation
Dear Mr. Sweigard,
State law requires each urban water supplier to prepare and adopt an Urban Water Management Plan (UWMP) at least once every five years. The City of Livingston (City) is currently preparing its 2025 UWMP in accordance with the California Water Code and the 2025 UWMP Guidebook issued by the California Department of Water Resources.

Public hearings will be scheduled at least sixty (60) days prior to consideration of adoption of the 2025 UWMP by the City Council.

City of Livingston
Office: (209) 394-8044
[email protected]

CITY OF LIVINGSTON
1416 "C" Street LIVINGSTON, CALIFORNIA 95334 PHONE: (209)394-8041 FAX: (209) 394-4190 245 of 912
City of Livingston
May 26, 2026
1416 C Street
Livingston, CA 95334
Merced County Association of Governments
Stacie Guzman
Executive Director
368 West18th Street
Merced, CA 95340
Subject: 2025 Urban Water Management Plan Preparation
Dear Ms. Guzman,
State law requires each urban water supplier to prepare and adopt an Urban Water Management Plan (UWMP) at least once every five years. The City of Livingston (City) is currently preparing its 2025 UWMP in accordance with the California Water Code and the 2025 UWMP Guidebook issued by the California Department of Water Resources.

Public hearings will be scheduled at least sixty (60) days prior to consideration of adoption of the 2025 UWMP by the City Council.

LA.u .,-KL111y Chavarria
Director of Public Works
City of Livingston
Office: (209) 394-8044
[email protected]

CITY OF LIVINGSTON
1416 "C" Street LIVINGSTON, CALIFORNIA 95334 PHONE: (209)394-8041 FAX: (209) 394-4190 246 of 912
City of Livingston
2025 Urban Water Management Plan
Appendix C – Service Area Maps

APPENDIX C

SERVICE AREA MAPS
247 of 912
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CITY WELL CITY TANK
I I
AVE
SYMBOL
-- 10W - 10W--

AREA WITHIN CITY LIMITS
• 2. TOephooe (209) 85HJOO ' -, • Gust·,ne California 9532 4fil Sooh Street• ' 248 of 912
City of Livingston
2025 Urban Water Management Plan
Appendix D – SB X7-7 Compliance Form

APPENDIX D
SB X7-7 COMPLIANCE FORM
249 of 912
SB X7-7 Table 0: Units of Measure Used in 2025 UWMP
Water Code Section 10608.20 (e) and 10608.20(h)(1)(2)
(select one from the drop down list)
Million Gallons
The unit of measure must be consistent throughout the UWMP, as reported in Submittal Table 2-3.

NOTES:
250 of 912
NOTES:

SB X7-7 Table 2: Method for 2025 Population Estimate
Water Code Section 10608.20 (e) and 10608.20(h)(1)(2)
Method Used to Determine 2025 Population
(may check more than one)

1. Department of Finance (DOF) or
American Community Survey (ACS)

3. Other
DWR recommends pre-review

2. Persons-per-Connection Method

3. DWR Population Tool
0 □
□
□
251 of 912
2025 14,441
SB X7-7 Table 3: 2025 Service Area Population
Water Code Section 10608.20 (e) and
10608.20(h)(1)(2)
2025 Compliance Year Population
NOTES:

I
252 of 912
Exported
Water
Change in
Dist. System
Storage
(+/-)
Indirect
Recycled
Water
This column will
remain blank
until SB X7-7
Table 4-B is
completed.

Water
Delivered
for
Agricultural
Use
Process Water
This column will
remain blank
until SB X7-7
Table 4-D is
completed.
2,432 - - - - 1,604 828
NOTES:

SB X7-7 Table 4: 2025 Gross Water Use
Water Code Section 10608.20 (e) and 10608.20(h)(1)(2)
2025 Volume
Into
Distribution
System
This column will
remain blank until
SB X7-7 Table 4-A is
completed.
2025 Gross
Water Use
2025 Deductions
DWR NOTES: Units of measure (AF, MG , or CCF) must remain consistent throughout the UWMP, as reported in SB X7-7 Table 0 and Submittal Table 2-3.

Compliance
Year 2025
253 of 912
Volume Entering
Distribution System
Meter Error
Adjustment
Optional
(+/-)
Corrected Volume
Entering Distribution
System
2,432 - 2,432
SB X7-7 Table 4-A: 2025 Volume Entering the Distribution System(s), Meter Error Adjustment
Water Code Section 10608.20 (e) and 10608.20(h)(1)(2)
Complete one table for each source.

Name of Source
DWR NOTES: Units of measure (AF, MG , or CCF) must remain consistent throughout the UWMP, as reported in SB X7-7 Table 0 and Submittal Table 2-3.

Meter Error Adjustment - See guidance in Methodology 1, Step 3 of Methodologies Document
NOTES
This water source is (check one):

The supplier's own water source
A purchased or imported source
City of Livingston
Compliance Year
2025
□ I
□ I
254 of 912
Volume
Discharged
from
Reservoir for
Distribution
System
Delivery
Percent
Recycled
Water
Recycled
Water
Delivered to
Treatment
Plant
Transmission/
Treatment Loss
Recycled
Volume Entering
Distribution
System from
Surface
Reservoir
Augmentation
Volume Pumped
from
Groundwater for
Distribution
System Delivery
Percent
Recycled Water
Recycled Water
Delivered to
Treatment
Plant
Transmission/
Treatment Loss
Recycled
Volume
Entering
Distribution
System from
Ground Water
Recharge
0% - - - - 0% - - - - -
NOTES:
2025 Groundwater Recharge
DWR NOTES:

Units of measure (AF, MG , or CCF) must remain consistent throughout the UWMP, as reported in SB X7-7 Table 0 and Submittal Table 2-3.

Suppliers will provide documentation to support the percentage of recycled water reported in this table.

SB X7-7 Table 4-B: 2025 Indirect Recycled Water Use Deduction (For use only by agencies that are deducting indirect recycled water) Water Code Section 10608.20 (e) and 10608.20(h)(1)(2)
2025 Compliance
Year
Total Deductible
Volume of Indirect
Recycled Water
Entering the
Distribution System
2025 Surface Reservoir Augmentation
255 of 912
Criteria 1- Industrial water use is equal to or greater than 12% of gross water use.

Complete SB X7-7 Table 4-C.1
Criteria 2 - Industrial water use is equal to or greater than 15 GPCD.

Complete SB X7-7 Table 4-C.2
Criteria 3 - Non-industrial use is equal to or less than 120 GPCD.

Complete SB X7-7 Table 4-C.3
Criteria 4 - Disadvantaged Community.

Complete SB X7-7 Table 4-C.4
SB X7-7 Table 4-C: 2025 Process Water Deduction Eligibility Water Code Section 10608.20(i) and Title 23 Section 596 (For use only by agencies that are deducting process water) Choose Only One NOTES:
0 □
□
□
256 of 912
2025 Gross Water
Use Without
Process Water
Deduction
2025 Industrial
Water Use
Percent
Industrial
Water
Eligible for
Exclusion
Y/N
2,432 1,604 66% YES
NOTES:

SB X7-7 Table 4-C.1: 2025 Process Water Deduction Eligibility Water Code Section 10608.20(i) and Title 23 Section 596 (For use only by agencies that are deducting process water using Criteria 1) Criteria 1
Industrial water use is equal to or greater than 12% of gross water use 2025 Compliance Year
257 of 912
2025 Industrial
Water Use
2025 Population
2025
Industrial
GPCD
Eligible for
Exclusion Y/N
1,604 14,441 304 YES

NOTES:

SB X7-7 Table 4-C.2: 2025 Process Water Deduction Eligibility Water Code Section 10608.20(i) and Title 23 Section 596 (For use only by agencies that are deducting process water using Criteria 2) Criteria 2
Industrial water use is equal to or greater than 15 GPCD 2025 Compliance
Year
258 of 912
2025 Gross Water Use
Without Process Water
Deduction
(Fm SB X7-7 Table 4)
2025
Industrial
Water Use
2025 Nonindustrial
Water Use
2025
Population
Fm SB X7-7
Table 3
NonIndustrial
GPCD
Eligible for
Exclusion
Y/N
2,432 1,604 828 14,441 157 NO
NOTES:

Criteria 3
Non-industrial use is equal to or less than 120 GPCD
SB X7-7 Table 4-C.3: 2025 Process Water Deduction Eligibility Water Code Section 10608.20(i) and Title 23 Section 596 (For use only by agencies that are deducting process water using Criteria 3) 2025 Compliance
Year
259 of 912
Service Area Median
Household Income
Percentage of
Statewide
Average
Eligible for
Exclusion? Y/N
74,494
74% YES
NOTES
California Median
Household Income
DWR NOTES: California median household income for 2024 as reported in US Census Bureau.

SB X7-7 Table 4-C.4: 2025 Process Water Deduction Eligibility Water Code Section 10608.20(i) and Title 23 Section 596 (For use only by agencies that are deducting process water using Criteria 4) Criteria 4
Disadvantaged Community. A “Disadvantaged Community” (DAC) is a community with a median household income less than 80 percent of the statewide average.

SELECT ONE
"Disadvantaged Community" status was determined using one of the methods listed below:

If using the IRWM DAC Mapping Tool, include a screen shot from the tool showing that the service area is considered a DAC.

1. IRWM DAC Mapping tool https://gis.water.ca.gov/app/dacs/

2. California Median Income
$100,149
□
0 260 of 912
Industrial
Customer's Total
Water Use
Total Volume
Provided by
Supplier
% of Water
Provided by
Supplier
Customer's Total
Process Water
Use
Volume of Process
Water Eligible for
Exclusion for this
Customer
1,529 2,432 100% 1,529 1,529
Industrial
Customer's Total
Water Use
Total Volume
Provided by
Supplier
% of Water
Provided by
Supplier
Customer's Total
Process Water
Use
Volume of Process
Water Eligible for
Exclusion for this
Customer
75 2,432 100% 75 75
NOTES:

DWR NOTES: Units of measure (AF, MG , or CCF) must remain consistent throughout the UWMP, as reported in SB X7-7 Table 0 and Submittal Table 2-3.

Name of Industrial Customer Foster Farms
SB X7-7 Table 4-D: 2025 Process Water Deduction - Volume Water Code Section 10608.20(i) and Title 23 Section 596 Complete a separate table for each industrial customer with a process water exclusion Compliance Year
2025
Compliance Year
2025
NOTES:

SB X7-7 Table 4-D: 2025 Process Water Deduction - Volume Complete a separate table for each industrial customer with a process water exclusion Name of Industrial Customer Emerald Textiles
DWR NOTES: Units of measure (AF, MG , or CCF) must remain consistent throughout the UWMP, as reported in SB X7-7 Table 0 and Submittal Table 2-3.
261 of 912
2025 Gross Water
Fm SB X7-7 Table 4
2025 Population Fm
SB X7-7 Table 3
2025 GPCD
828 14,441 157
SB X7-7 Table 5: 2025 Gallons Per Capita Per Day (GPCD) Water Code Section 10608.20 (e) and 10608.20 (h)(1)(2)
NOTES:
262 of 912
Extraordinary
Events
(GPCD)
Weather
Normalization
(GPCD)
Economic
Adjustment
(GPCD)
157 - - - 157 - 165 YES
NOTES:

DWR NOTES: All values are reported in GPCD
Suppliers that had a merger or consolidation since 2020 may use a population weighted average 2020 target. See Section P.1.2.1 of Appendix P.

SB X7-7 Table 9: 2025 Compliance
Water Code Section 10608.24(d)
Optional Adjustments to 2025 GPCD
Did Supplier
Achieve
Targeted
Reduction for
2025?
Actual 2025
GPCD TOTAL 2020 Target
Adjustments
Adjusted 2025
GPCD (Adjusted
if applicable)
Enter "0" if Adjustment Not Used
263 of 912
City of Livingston
2025 Urban Water Management Plan
Appendix E – Groundwater Bulletin 118

APPENDIX E
GROUNDWATER SUBBASIN BULLETIN 118
264 of 912

San Joaquin River Hydrologic Region
San Joaquin Valley Groundwater Basin
California’s Groundwater
Bulletin 118
San Joaquin Valley Groundwater Basin
Merced Subbasin
• Groundwater Subbasin Number: 5-22.04
• County: Merced
• Surface Area: 491,000 acres (767 square miles)
Basin Boundaries and Hydrology
The San Joaquin Valley is surrounded on the west by the Coast Ranges, on the south by the San Emigdio and Tehachapi Mountains, on the east by the Sierra Nevada and on the north by the Sacramento-San Joaquin Delta and Sacramento Valley. The northern portion of the San Joaquin Valley drains toward the Delta by the San Joaquin River and its tributaries, the Fresno, Merced, Tuolumne, and Stanislaus Rivers. The southern portion of the valley is internally drained by the Kings, Kaweah, Tule, and Kern Rivers that flow into the Tulare drainage basin including the beds of the former Tulare, Buena Vista, and Kern Lakes.

The Merced subbasin includes lands south of the Merced River between the San Joaquin River on the west and the crystalline basement rock of the Sierra Nevada foothills on the east. The subbasin boundary on the south stretches westerly along the Madera-Merced County line (Chowchilla River) and then between the boundary of the Le Grand-Athlone Water District and the Chowchilla Water District. The boundary continues west along the northern boundaries of Chowchilla Water District and El Nido Irrigation District. The southern boundary then follows the western boundary of El Nido I.D. south to the northern boundary of the Sierra Water District, which is followed westerly to the San Joaquin River. Average annual precipitation is 11 to 13 inches, increasing eastward.

Hydrogeologic Information
The San Joaquin Valley represents the southern portion of the Great Central Valley of California. The San Joaquin Valley is a structural trough up to 200 miles long and 70 miles wide. It is filled with up to 32,000 feet of marine and continental sediments deposited during periodic inundation by the Pacific Ocean and by erosion of the surrounding mountains, respectively.

Continental deposits shed from the surrounding mountains form an alluvial wedge that thickens from the valley margins toward the axis of the structural trough. This depositional axis is below to slightly west of the series of rivers, lakes, sloughs, and marshes, which mark the current and historic axis of surface drainage in the San Joaquin Valley.

Water Bearing Formations
Geologic units in the Merced Subbasin consist of consolidated rocks and unconsolidated deposits. The consolidated rocks include the Ione Formation, the Valley Springs Formation, and the Mehrten Formation. In the eastern part of the area, the consolidated rocks generally yield small quantities of water to wells except for the Mehrten Formation, which is an important aquifer.

Last update 2/27/04
265 of 912

San Joaquin River Hydrologic Region California’s Groundwater San Joaquin Valley Groundwater Basin Bulletin 118
The unconsolidated deposits were laid down during the Pliocene to present.

From oldest to youngest, these deposits include continental deposits, lacustrine and marsh deposits, older alluvium, younger alluvium, and floodbasin deposits. The continental deposits and older alluvium are the main water-yielding units in the unconsolidated deposits. The lacustrine and marsh deposits (which include the Corcoran, or “E-” Clay), and the floodbasin deposits yield little water to wells, and the younger alluvium in most places probably yields only moderate quantities of water to wells (Page 1973.)
There are three ground water bodies in the area: an unconfined water body, a confined water body, and the water body in consolidated rocks. The unconfined water body occurs in the unconsolidated deposits above and east of the Corcoran Clay, which underlies the western half of the subbasin at depths ranging between about 50 and 200 feet (DWR 1981), except in the western and southern parts of the area where clay lenses occur and semi-confined conditions exist. The confined water body occurs in the unconsolidated deposits below the Corcoran Clay and extends downward to the base of fresh water. The water body in consolidated rocks occurs under both unconfined and confined conditions.

The estimated average specific yield of this subbasin is 9.0 percent (based on DWR, San Joaquin District internal data and that of Davis 1959).

Restrictive Structures
Groundwater flow is primarily to the southwest, following the regional dip of basement rock and sedimentary units. DWR (2000) data show two groundwater depressions south and southeast of the city of Merced during 1999.

Groundwater Level Trends
Changes in groundwater levels are based on annual water level measurements by DWR and cooperators. Water level changes were evaluated by quarter township and computed through a custom DWR computer program using geostatistics (kriging). On average, the subbasin water level has declined nearly 30 feet from 1970 through 2000. The period from 1970 through 1978 showed steep declines totaling about 15 feet. The ten-year period from 1978 to 1988 saw stabilization and a rebound of about 10 feet. 1988 through 1995 again showed steep declines, bottoming out in 1996 with water levels rising from 1996 to 2000. Water level declines have been more severe in the eastern portion of the subbasin Groundwater Storage
Estimations of the total storage capacity of the subbasin and the amount of water in storage as of 1995 were calculated using an estimated specific yield of 9.0 percent and water levels collected by DWR and cooperators.

According to these calculations, the total storage capacity of this subbasin is estimated to be 21,100,000 af to a depth of 300 feet and 47,600,000 af to the base of fresh groundwater. These same calculations give an estimate of 15,700,000 af of groundwater to a depth of 300 feet stored in this subbasin as of 1995 (DWR 1995). According to published literature, the amount of Last update 2/27/04
266 of 912

San Joaquin River Hydrologic Region
San Joaquin Valley Groundwater Basin
stored groundwater in this subbasin as of 1961 is 37,000,000 af to a depth of < 1000 feet (Williamson 1989).

Groundwater Budget (Type B)
Although a detailed budget was not available for this subbasin, an estimate of groundwater demand was calculated based on the 1990 normalized year and data on land and water use. A subsequent analysis was done by a DWR water budget spreadsheet to estimate overall applied water demands, agricultural groundwater pumpage, urban pumping demand and other extraction data.

Natural recharge into the subbasin is estimated to be 47,000 af. Values for artificial recharge and subsurface inflow are not determined. There is approximately 243,000 af of applied water recharge into the subbasin.

Annual urban and agricultural extractions are 54,000 af and 492,000 af, respectively. Other extractions equal approximately 9,000 af. Subsurface inflow values are not determined.

Groundwater Quality
Characterization. The groundwater in this subbasin is characterized by calcium-magnesium bicarbonate at the basin interior, sodium bicarbonate to the west, and calcium-sodium bicarbonate to the south. Small areas of sodium chloride and calcium-sodium chloride waters exist at the southwest corner of the basin (Page 1973). TDS values range from 100 to 3,600 mg/L, with a typical range of 200 to 400 mg/L. The Department of Health Services, which monitors Title 22 water quality standards, reports TDS values in 46 wells ranging from 150 to 424 mg/L, with an average value of 231 mg/L. For 10 wells, EC values range from 260 to 410 µmhos/cm, with an average value of 291 µmhos/cm.

Impairments. There are localized areas of high hardness, iron, nitrate, and chloride in this subbasin.

Water Quality in Public Supply Wells
Constituent Group
Inorganics – Primary
1 Number of
wells sampled
65 2 Number of wells with a
concentration above an MCL
0 3
Radiological 58 1
Nitrates 64 2
Pesticides 62 8
VOCs and SVOCs 59 1
Inorganics – Secondary 65 8
1 A description of each member in the constituent groups and a generalized discussion of the relevance of these groups are included in California’s Groundwater – Bulletin 118 by DWR (2003). 2
Represents distinct number of wells sampled as required under DHS Title 22 program from 1994 through 2000.
3 Each well reported with a concentration above an MCL was confirmed with a second detection above an MCL. This information is intended as an indicator of the types of activities that cause contamination in a given basin. It represents the water California’s Groundwater
Bulletin 118
Last update 2/27/04
267 of 912
San Joaquin River Hydrologic Region California’s Groundwater San Joaquin Valley Groundwater Basin Bulletin 118
quality at the sample location. It does not indicate the water quality delivered to the consumer. More detailed drinking water quality information can be obtained from the local water purveyor and its annual Consumer Confidence Report.

Well Characteristics
Well yields (gal/min)
Municipal/Irrigation Range: 100 – 4,450 Average: 1,500 – 1,900 Total depths (ft)
Domestic
Municipal/Irrigation Range: 100 - 800
Active Monitoring Data
Agency Parameter Number of wells
/measurement frequency
DWR (incl.

Cooperators)
Groundwater levels 378 Semi-annually
Department of
Health Services
(including
Cooperators)
Title 22 water
quality
142 Varies
Basin Management
Groundwater management: None
Water agencies
Public Merced I.D., Merquin County Water District,
Turner Island Water District,
Le Grand-Athlone W.D., Plainsburg I.D.,
Stevinson W.D.

Private Not Determined
References Cited
California Department of Water Resources (DWR), San Joaquin District. Unpublished Land and Water Use Data.
________. Well completion report files.
________. 1995. Internal computer spreadsheet for 1990 normal computation of net water demand used in preparation of DWR Bulletin 160-93.
________. 1981. Depth to Top of Corcoran Clay. 1:253,440 scale map. ________. 2000. Spring 1999, Lines of Equal Elevation of Water in Wells, Unconfined Aquifer. 1:253,440 scale map sheet.

Davis, GH, Green, JH, Olmstead, SH, and Brown, DW. 1959a. Ground Water Conditions and Storage Capacity in the San Joaquin Valley, California; US Geological Survey Water Supply Paper No. 1469, 287p.

Page, RW, and Balding, GO. 1973. Geology and Quality of Water in the Modesto-Merced Area, San Joaquin Valley, California, with a Brief Section of Hydrology. USGS WaterResources Investigations 6-73, 85p.

Last update 2/27/04
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San Joaquin River Hydrologic Region California’s Groundwater San Joaquin Valley Groundwater Basin Bulletin 118
Williamson, Alex K, Prudic, David E, and Swain, Lindsay A. 1989. Groundwater flow in the Central Valley, California. US Geological Survey Professional Paper 1401-D. 127 p.

Additional References
Balding, GO, and Page, RW. 1971. Data for Wells in the Modesto-Merced Area San Joaquin Valley, California. U.S. Geological Survey Open-File Report.

California Department of Water Resources. 1980. Bulletin 118-80. Ground Water Subbasins in California.
________. 1994. Bulletin 160-93. California Water Plan Update, Vol. 1.

Davis, SN and Hall, FR. 1959b. Water Quality of Eastern Stanislaus and North Merced Counties, California; Stanford Univ. Pubs., Geol. Sci., v. 6, no. 1. 112 p.

Errata
Changes made to the basin description will be noted here.

Last update 2/27/04
269 of 912
City of Livingston
2025 Urban Water Management Plan
Appendix F – Energy Intensity Tables

APPENDIX F

ENERGY INTENSITY TABLES
270 of 912
2025 UWMP Energy Report

1. Provide the amount of energy used to treat and deliver potable water supplies for calendar year 2025. Data should be reported in kilowatt-hours (kWh).

2. Provide the total energy (kWh) used to extract groundwater from all municipal wells and convey it into the distribution system.

3. Provide the total energy (kWh) used for wastewater operations, including collection (lift stations), treatment, and discharge of treated effluent.

VENDOR ACCOUNT # DESCRIPTION WTR/WWTR Jan 1/13/25-01/13/25 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 15-31, 2025 Totals MID 00019971-00 Well #8 701 N Main New WTR - - - - - - - - - - 101,640.00000 - 52,080.00000 153,720.00000 MID 1046-00 Well #8 WTR - 46,240.00000 28,800.00000 23,040.00000 43,920.00000 54,360.00000 56,720.00000 49,480.00000 63,600.00000 42,020.00000 - - - 408,180.00000 MID 1047-00 Well #9 Crowell St/ White Ave WTR - 47,480.00000 33,880.00000 48,720.00000 54,400.00000 67,760.00000 69,520.00000 70,800.00000 42,520.00000 50,400.00000 64,280.00000 47,800.00000 59,880.00000 657,440.00000 MID 1086-00 Well #15 WTR - - - 984.00000 501.00000 351.00000 751.00000 346.00000 458.00000 343.00000 462.00000 214.00000 302.00000 4,712.00000 MID 1087-00 Well #12 WTR - 72,120.00000 55,320.00000 70,600.00000 54,000.00000 69,720.00000 68,400.00000 72,360.00000 69,840.00000 63,000.00000 76,400.00000 61,120.00000 57,640.00000 790,520.00000 MID 10926-00 Well #17 1780 Sun Valley Ave WTR - 3,420.00000 2,280.00000 2,040.00000 21,360.00000 28,140.00000 59,520.00000 48,900.00000 63,120.00000 56,520.00000 27,720.00000 17,280.00000 20,280.00000 350,580.00000 MID 8733-02 Well #16 1168 Ohki St WTR - 44,840.00000 39,760.00000 39,080.00000 40,960.00000 64,120.00000 56,320.00000 56,080.00000 61,840.00000 63,760.00000 50,120.00000 45,960.00000 44,080.00000 606,920.00000 PG&E 4832044783 936 Dwight Avenue WTR 553.75400 669.11200 1,332.21600 142.80100 120.81200 124.70250 119.56900 112.24600 127.59702 181.75400 313.62900 119.53950 183.88800 4,101.62002 PG&E 7095488321 Well #14 Dwight & Walnut WTR 5,000.44000 37,113.96000 31,612.62000 58,446.56000 31,580.28000 22,566.68000 35,214.40000 49,682.32000 431,924.92000 8,178.04000 11,422.00000 15,304.32000 131.40000 738,177.94000 PG&E 7095488700 Well #13 407 Lilac Lane WTR 5,493.68000 26,186.12000 26,299.76000 15,322.00080 24,768.84000 21,845.80080 23,171.64000 19,353.80000 26,411.96000 26,362.48000 21,812.80000 18,393.32000 10,635.40000 266,057.60160 PG&E 7095957385 Well #11 NS HWY 99 E/O Robin WTR 14,961.36000 31,384.94000 35,886.72080 33,578.20000 35,871.00000 36,812.88000 39,029.26000 35,298.38000 36,450.12000 38,911.66000 34,088.84000 36,648.64000 21,102.78000 430,024.78080 4,410,433.94 MID 3093-00 Dwight Sewer Lift Station (Dwight & Trigger) WWTR - 348.00000 265.00000 318.00000 301.00000 306.00000 292.00000 289.00000 321.00000 309.00000 330.00000 319.00000 344.00000 3,742.00000 MID 5037-00 Burgandy & Hammatt Sewer Lift Station WWTR - 1,000.00000 1,240.00000 1,400.00000 2,480.00000 1,760.00000 3,160.00000 2,200.00000 2,000.00000 2,560.00000 1,240.00000 1,680.00000 2,480.00000 23,200.00000 MID 5329-00 99 Lift Station (Campbell / Stefani Ave) WWTR - 5,320.00000 4,640.00000 5,240.00000 4,880.00000 5,120.00000 4,840.00000 4,640.00000 4,760.00000 4,600.00000 4,880.00000 4,720.00000 5,160.00000 58,800.00000 MID 7642-01 205 Lilac Sewer Lift Station WWTR - 1,512.00000 1,300.00000 1,363.00000 1,204.00000 1,134.00000 1,001.00000 1,018.00000 1,066.00000 1,049.00000 1,269.00000 1,213.00000 1,526.00000 14,655.00000 MID 7643-01 929 Narada Way Lift Station WWTR - 930.00000 872.00000 950.00000 834.00000 893.00000 795.00000 813.00000 845.00000 835.00000 912.00000 932.00000 1,036.00000 10,647.00000 PG&E 7090062909 Gallo Rd N/O Vinewood Ave - WWTP WWTR 109,238.00000 91,411.00000 55,828.00000 26,914.00000 7,591.00000 (74,817.00000) (81,991.00000) (72,445.65000) (10,395.90000) (10,374.90000) 8,124.30000 67,795.50000 33,486.30000 150,363.65000 PG&E 7095488406 Sewer Lift Station Walnut & Industrial WWTR 316.81310 679.43840 733.19275 796.22430 711.12850 765.14045 828.03780 731.48730 765.30890 835.75710 822.93120 874.08310 456.69090 9,316.23380 PG&E 7095488512 Peach & 3rd Sewer Pump WWTR 95.79400 221.84100 252.08900 227.52900 230.56900 249.26300 252.37200 177.75600 167.21200 205.41100 194.76900 197.58200 98.33400 2,570.52100 PG&E 7095488530 Lift Pumps NE cor Burgandy WWTR 226.36900 485.23800 537.62550 556.03350 470.04850 512.87150 543.09100 514.45750 545.99000 626.57350 574.07000 613.93850 315.89400 6,522.20050 PG&E 7095488760 Lift Station NS Peach Ave WWTR 131.28000 396.42200 459.72250 132.95850 431.63500 428.94350 477.00500 424.26450 341.09050 401.27500 293.26600 253.68350 182.60400 4,354.15000 PG&E 7095488987 I Street E / Prusso Press System- Lift Station WWTR 98.30500 225.35700 228.73000 240.02600 226.30300 243.45900 265.74000 241.63000 258.37700 271.88150 244.51550 266.77600 138.37500 2,949.47500 PG&E 7095488994 710 Elmwood Ct Sewer Lift Pump WWTR 790.13800 1,803.80350 1,631.78300 1,740.69500 1,846.36600 1,862.36250 2,305.56250 1,927.85550 1,871.60900 2,469.68400 2,604.32600 2,568.19750 1,316.73250 24,739.11500 PG&E 7770778848-3 14960 Vinewood Ave WWTP WWTR 18.24000 18.54000 21.73000 32.07000 18.35000 8.14000 - - - - - - - 117.07000 311,976.42 Totals 136,924.17310 413,805.77190 323,181.18955 331,864.09810 328,706.33200 304,267.24325 341,534.67730 342,944.54680 798,838.28442 353,465.61610 308,108.44670 425,913.58010 312,856.39840 4,722,410.35772 4,722,410.35772 TOTAL kWh 2025 WATER 4,410,433.94
TOTAL kWh 2025 WASTEWATER 311,976.42
271 of 912
Water Delivery Product
drop down list
(If delivering more than one type of product recommend using Table O-1C)
Retail Potable
Deliveries
Start Date of Reporting Period 1/1/2025
End Date of Reporting Period 12/31/2025
Is upstream embedded energy in the values reported? No
Units of Measure for Water MG Total Utility
See DWR NOTES
Hydropower Net Utility
2,432 - 2,432
4,410,434 - 4,410,434
1,814 - 1,814
Quantity of Self-Generated Renewable Energy
0 kWh
Data Quality (Estimate, Metered Data, Combination of Estimates and Metered Data) Metered Data
Data Quality Narrative:

Narrative:
(1) An estimate of the amount of energy used to extract or divert water supplies.

Optional Submittal Table O-1B: Recommended Energy Reporting - SINGLE DELIVERY PRODUCT - TOTAL UTILITY APPROACH The energy use information presented was developed using operational and utility billing data provided by the City’s Public Works Department for the 2025 calendar year reporting period. The reported water volume of 2,432 MG represents the total potable groundwater produced and delivered through the City’s water system during 2025.

Energy consumption values were derived from direct electrical utility meter readings associated with the City’s groundwater wells and water system facilities used for groundwater extraction and distribution. A total of 4,410,434 kWh was consumed during the reporting period, resulting in a calculated energy intensity of approximately 1,814 kWh/MG. The City does not currently utilize hydropower or generate renewable energy associated with the potable water system; therefore, the reported net utility energy use is equivalent to the total utility energy consumption. 10631.2. (a) In addition to the requirements of Section 10631, an urban water management plan shall include any of the following information that the urban water supplier can readily obtain:
(3) An estimate of the amount of energy used to treat water supplies. (4) An estimate of the amount of energy used to distribute water supplies though its distribution systems.

Only for Water Delivery Products Under the Urban Water Supplier's Operational Control Sum of All Water Management
Processes
Non-Consequential Hydropower
DWR NOTES:

Total Utility:The volume of water entered in the “Total Utility” column should equal the volume of water entering the distribution system (excluding recycled water); in most cases, this is the total volume calculated in UWMP Table 4-1: 2025 Actual Total Uses for Potable and Non-Potable Water. Note if recycled water is included in your Submittal Table 4-1, you must exclude it from your volume in this table. (2) An estimate of the amount of energy used to convey water supplies to the water treatment plants or distribution systems.

NOTES:

In accordance with CWC Section 10631.2(a), the City evaluated the energy use associated with groundwater production and distribution within the potable water system.

During 2025, approximately 2,432 MG of potable water was produced and delivered to customers through the City’s water system. Energy use data was obtained from utility meter records maintained by the City’s Public Works Department for the operation of the City’s active groundwater wells and associated water system facilities. A total of 4,410,434 kWh was consumed for groundwater extraction and distribution activities during the reporting period, resulting in an overall energy intensity of approximately 1,814 kWh/MG. The reported energy use values are considered to be of good quality because they are based on direct metered electrical usage associated with the City’s water supply facilities. The City does not currently generate renewable energy associated with the potable water system; therefore, all reported energy consumption reflects net utility power supplied by PG&E.

Volume of Water Entering Process
Energy Consumed (kWh)
Energy Intensity (kWh/vol. converted to MG)
(6) An estimate of the amount of energy used to place water into or withdraw from storage. (7) Any other energy-related information the urban water supplier deems appropriate. 10631.2 (b) The Department shall include in its guidance for the preparation of urban water management plans a methodology for the voluntary calculation or estimation of the energy intensity of urban water systems.
(5) An estimate of the amount of energy used for treated water supplies in comparison to the amount used for nontreated water supplies. 272 of 912
Start Date of Reporting Period 1/1/2025
End Date of Reporting Period 12/31/2025
Is upstream embedded energy in the values reported? No
Units of Measure for Water MG Collection /
Conveyance
Treatment
Discharge /
Distribution Total
808 808 0 1,617
161,613 105,364 0 266,976
200 130 0 165
0 0 0 0
0 0 0 0
0 0 0 0
Quantity of Self-Generated Renewable Energy related to recycled water and wastewater operations
0 kWh
Data Quality (drop down)
Metered Data
Data Quality Narrative:

Narrative:

NOTES:

Volume of Wastewater Entering Process (volume units selected above) Wastewater Energy Consumed (kWh)
Volume of Recycled Water Entering Process (volume units selected above) Recycled Water Energy Consumed (kWh)
Wastewater Energy Intensity (kWh/volume converted to MG) Recycled Water Energy Intensity (kWh/volume converted to MG) Optional Submittal Table O-2: Recommended Energy Reporting - WASTEWATER AND RECYCLED WATER Only for Water Delivery Products Under the Urban Water
Supplier's Operational Control
Water Management Process
The wastewater energy use data presented in this UWMP was obtained from metered electrical consumption records maintained by the City’s Public Works Department. During 2025, approximately 808 MG of wastewater was collected and conveyed through the City’s sewer collection system and treated at the City’s WWTP. A total of 161,612.77 kWh was recorded at the City’s sewer lift stations for wastewater collection and conveyance operations, while 105,363.65 kWh was recorded for treatment operations at the WWTP. In addition, the WWTP utilizes on-site solar power generation to offset electrical demand. The renewable energy produced by the solar facilities has already been incorporated into the net energy consumption data provided by the City’s Public Works Department and reflected in the reported WWTP energy use totals.

In accordance with CWC Section 10631.2(a), the City evaluated the energy use associated with wastewater collection, conveyance, and treatment operations within the wastewater system. During 2025, approximately 808 MG of wastewater was collected through the City’s sewer collection system and conveyed to the City’s WWTP for treatment and disposal. Energy consumption associated with wastewater operations was obtained from utility meter records maintained by the City’s Public Works Department. A total of 161,612.77 kWh was used for operation of the City’s sewer lift stations and associated conveyance facilities, while an additional 105,363.65 kWh was used for treatment processes at the WWTP. The reported energy use values are considered to be of good quality because they are based on direct utility meter readings associated with the wastewater facilities. The WWTP also utilizes on-site solar generation to offset electrical demand. Renewable energy generated at the facility has already been incorporated into the net energy consumption data provided by the City’s Public Works Department and reflected in the reported WWTP energy use totals. 273 of 912
City of Livingston
2025 Urban Water Management Plan
Appendix G – Water Conservation Resolutions

APPENDIX G

WATER CONSERVATION RESOLUTIONS
(RESOLUTION NO. 2015-23 & 2016-55)
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RESOLUTION NO. 2015-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON RESCINDING RESOLUTION 2015-_____ REGARDING MANDATORY WATER USE RESTRICTIONS AND

ADOPTING WATER USE RESTRICTIONS CONTAINED IN THE WATER SHORTAGE CONTINGENCY PLAN CONTAINED IN THE 2015 URBAN WATER MANAGEMENT PLAN.

WHEREAS, On January 17, 2014, Governor Edmund G. Brown Jr. issued Proclamation No. 1-17-2014 declaring a State of Emergency to exist in California due to severe drought conditions and calling on Californians to reduce their water usage by 20 percent; and WHEREAS, On April 25, 2014, the Governor issued an Executive Order to strengthen the state’s ability to manage water and directed the State Water Resources Control Board (SWRCB) under its authority in California Water Code Section 1058.5 to adopt emergency regulations as it deems necessary to address water shortage conditions; and
WHEREAS, On July 15, 2014, the State Water Resources Control Board adopted California Code of Regulations, Title 23, Sections 863, 864, and 865, emergency regulations finding a drought emergency in California and imposing water conservation measures on individuals and water suppliers.

WHEREAS, Section 864 applies to all Californians and prohibits certain activities in promotion of water conservation, many of which are already required by the City of Livingston; and WHEREAS, Section 865 requires mandatory outdoor irrigation restrictions and reporting by water suppliers, including urban water suppliers like the City of Livingston; and WHEREAS, On July 28, 2014, the State Office of Administrative Law approved the SWRCB's proposed regulation and it became law; and
WHEREAS, On April 1, 2015, Governor Edmund G. Brown Jr. issued an Executive Order requiring mandatory water conservation measures to achieve a statewide reduction in potable water use of 25 percent; and
WHEREAS, the City has promoted conservation and on February 21, 2014 adopted Resolution 2014-1 imposing outside watering restrictions; and
WHEREAS, the City has achieved an 18 percent reduction in average per capita water use from 2013 to 2014; and
WHEREAS, the City relies solely on groundwater for its potable water supply; and WHEREAS, groundwater levels have been declining significantly and are impacting the reliability of some of the City’s water supply wells; and
WHEREAS, water conservation can reduce the City’s Maximum Day Demand and increase the reliability of its water supply.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Livingston hereby resolves as follows:
275 of 912

1. Upon adoption of the 2015 Urban Water Management Plan, Resolution 2015-_____ is rescinded and replaced with the Water Shortage Contingency Plan in Chapter 8 of said UWMP.

2. The City Council of the City of Livingston hereby maintains the declaration of a local drought emergency and recognizes that needs to adopt mandatory water conservation measures so that the water supply can be conserved for the greater public benefit; and

3. This emergency condition shall be presumed to continue unchanged unless and until a contrary finding is made by the City Council by resolution.

4. The following MANDATORY water conservation measures are hereby adopted, in compliance with the State Water Resources Control Board’s July 15, 2014 emergency drought regulations (collectively, the “Outdoor Water Use Restrictions”):
a. Outdoor irrigation of ornamental landscapes or turf with potable water shall be limited to two days per week in accordance with the following schedule:
i. Addresses ending in an even number shall only water on Tuesdays and Saturdays. ii. Addresses ending in an odd number shall only water on Thursdays, and Sundays. iii. No outdoor irrigation on Mondays, Wednesdays and Fridays. b. No outdoor irrigation of ornamental landscapes or turf with potable water is permitted between the hours of 9am and 8pm, except for drip irrigation, soaker hoses and hand watering;
c. No outdoor irrigation is permitted within 48 hours of a storm event; d. No excessive water flow or runoff onto pavement, sidewalks, gutters or ditched from watering or irrigating landscapes or vegetation of any kind; e. No car washing is allowed on Mondays, Wednesdays and Fridays except for commercial car washes equipped with a recirculating system. Car washing (except commercial car washes) shall be done by using a hand-held bucket or a hand-held hose equipped with a positive self-closing water shut-off nozzle.
f. The application of potable water to driveways and sidewalks is prohibited, except where necessary to address an immediate health and safety need or to comply with a term or condition in a permit issued by a state or federal agency; and g. The use of potable water in a fountain or other decorative water feature is prohibited, except where the water is part of a recirculating system. h. Property owners must fix leaks, breaks or malfunctions when they find them, or within 72 hours of receiving a notice from the City;

5. The City Council of the City of Livingston authorizes the City Manager to direct staff to further promote water conservation by:
a. Providing notice of the new regulations in English and Spanish in bill inserts, and City’s webpage.
b. Training staff on the new regulations.
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c. Providing information to customers regarding opportunities to save water. d. Conducting water loss audits and make leak detection and repair a top priority for the duration of the drought.
e. Preparing and submitting to the SWRCB the monitoring reports described in California Code of Regulations, Title 23, Section 865(d).

6. Per CCR Title 23, Section 864, the taking of any action prohibited in this resolution, in addition to any other applicable civil or criminal penalties, is an infraction, punishable by a fine of up to five hundred dollars ($500.00) for each day in which the violation occurs. Consistent with Section 864, violators will be assessed fines, after an initial warning, in accordance to the following schedule:
a. Warning for the first violation
b. $100 for the second violation
c. $200 for the third violation
d. $500 for the fourth violation and any other violation within a 12-month period.

7. Council also authorizes the City Manager to direct staff to monitor compliance and to enforce in the event the desired response is not being achieved.

8. Council’s adoption of the proposed Outdoor Water Use Restrictions is categorically exempt from CEQA under CEQA Guidelines 15307 (Actions by Regulatory Agencies for Protection of Natural Resources).

Passed and adopted this ____day of May, 2015, by the following vote:

AYES:

NOES:

ABSENT:

Rodrigo Espinoza, Mayor
of the City of Livingston
ATTEST:

I, hereby certify that the foregoing resolution was regularly introduced, passed and adopted at a Regular Meeting of the City Council of the City of Livingston this ___ day of May, 2015.

Antonio Silva, City Clerk
of the City of Livingston
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RESOLUTION NO. 2016-55

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON ADOPTING A WATER SHORTAGE CONTINGENCY PLAN AND RESCINDING RESOLUTION 2015-23.

WHEREAS, the Urban Water Management Planning Act ("Act") requires every urban water agency supplying more than 3,000 acre-feet of water annually or serving 3,000 or more connections to prepare and adopt an Urban Water Management Plan (UWMP); and
WHEREAS, the Act requires that the 2015 UWMP include a water shortage contingency plan (WSCP) that describes mandatory water use restrictions to prepare for and respond to water shortages; and WHEREAS, the WSCP is included in the City's 2015 UMWP as Chapter 8; and WHEREAS, on May 5, 2015, the City of Livingston City Council adopted Resolution 2015-23 declaring a local drought emergency and adopting mandatory water conservation measures so that the water supply can be conserved for the greater public benefit; and WHEREAS, the mandatory water use restrictions in Resolution 2015-23 are redundant with those in the WSCP.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Livingston hereby resolves as follows:

1. Resolution 2015-23 is rescinded and replaced with the WSCP contained in Chapter 8 of the 2015 UWMP
Passed and adopted this 4
th day of October, 2016, by the following vote:

AYES:

NOES:

ABSENT:

ATTEST:

Mayor Pro-Tern Samra and Council Members Sicairos and Soria None
Mayor Espinoza and Council Member Mej a~
Gurpal Samra, Mayor Pro-Tern
·of the City of Livingston
I, hereby certify_ that the foregoing resolution was regularly introduced, passed and adopted at a Regular Meeting of the City Council of the City of Livingston this 4th day of October, 2016.

Bef!c1ftu,s;;;.rk
of the City of Livingston
278 of 912
City of Livingston
2025 Urban Water Management Plan
Appendix H – Publication of Notice of Public Hearing

APPENDIX H

PUBLICATION OF NOTICE OF PUBLIC HEARING
(NOT INCLUDED IN DRAFT PLAN)
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City of Livingston
2025 Urban Water Management Plan
Appendix I – Notice of Public Hearing

APPENDIX I

NOTICE OF PUBLIC HEARING
(NOT INCLUDED IN DRAFT PLAN)
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City of Livingston
2025 Urban Water Management Plan
Appendix J – 2025 UWMP and WSCP Adopting Resolution

APPENDIX J
2025 UWMP AND WSCP ADOPTING RESOLUTION
(NOT INCLUDED IN DRAFT PLAN)
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City of Livingston
2025 Urban Water Management Plan
Appendix K – 2025 UWMP Checklist

APPENDIX K
2025 UWMP CHECKLIST
(NOT INCLUDED IN DRAFT PLAN)
282 of 912

STAFF REPORT
AGENDA ITEM: Public Hearing – General Plan Amendment Application No. GPA 2025- 02, Rezone Application No. REZ 2025-02 – A request to amend the Land Use Designation of a parcel located on B Street on the City of Livingston General Plan Land Use Diagram and the City of Livingston Zoning Map.

MEETING DATE: August 18, 2026
PREPARED BY: Jailah Smith, Contract City Planner
REVIEWED BY: Jose Ramirez, City Manager
RECOMMENDATION:

Adopt Resolution 2026-XX, approving General Plan Amendment No. GPA 2025-02; and introduce and waive the first reading of Ordinance No. 2026-XX, approving Rezone No. REZ 2025-02.

BACKGROUND AND DISCUSSION:

The Housing Element is one of the seven mandatory elements of a city's General Plan and serves as the City’s strategy to plan for existing and projected housing needs. Under California Government Code Sections 65580 through 65589.11, every city and county is required to update its Housing Element on a regular eight-year planning period established by the California Department of Housing and Community Development (HCD). The current 6th Cycle covers the planning period of 2023–2031 for Livingston.

As required by State Law, the City of Livingston is in the process of updating the Housing Element.

As discussed below, the City of Livingston has been allocated 1,097 new housing units to plan for the 6th Cycle. To adequately meet this number of units, the City will need to re-designate and rezone properties to accommodate higher density residential development.

A core requirement of the Housing Element is demonstrating how the City will accommodate its assigned share of regional housing needs, known as the Regional Housing Needs Allocation (RHNA). For the 6th Cycle, the City of Livingston must identify sufficient sites with appropriate zoning to accommodate its RHNA number of housing unit and across a range of income levels from very-low to above-moderate-income households.

To comply with state law, cities must ensure that adequate sites are not only identified in the Housing Element but also zoned appropriately to allow for residential development by right, especially for lower-income housing. Where existing zoning or land use designations do not support the required density or housing types, the City is obligated to make timely changes through General Plan Amendments and Rezoning to bring its planning documents into compliance.
283 of 912
Failure to implement these changes within the statutory deadlines may result in the Housing Element being found out of compliance with state law. This can lead to significant consequences, including the loss of eligibility for various state grants and funding programs.

The Merced County Association of Government (MCAG) prepared the Final Regional Housing Needs Allocation Plan, which was adopted on November 17, 2022.

The City of Livingston was allocated 1,097 units for the 6th Housing Element Cycle. The following table shows the City’s Regional Housing Needs Allocation by income category.

Income Category Unit Allocation
Extremely Low-Income (<30% of AMI) 137
Very Low-Income (30% - 50% of AMI) 174
Low-Income (50% - 80% of AMI) 213
Moderate-Income (80% - 120% of AMI) 169
Above Moderate-Income (>120% of AMI) 404
Total 1,097
The proposed General Plan Amendment and Rezone involves a parcel identified in the Draft Housing Element as a “candidate site” to meet RHNA requirements. These actions will update the City’s General Plan land use designations and zoning maps to ensure consistency with state housing law and support the development of housing across all income levels. This effort reflects the City’s commitment to promoting housing opportunities, ensuring compliance with state mandates, and planning for future growth in a manner that is equitable and sustainable.

ANALYSIS:

The following site has been identified to accommodate higher density housing.

Site Location APN Acres
1 North side of B Street, west of Prusso Street 022-010-025 5 This property is currently vacant and zoned as C-3 Highway Service Commercial, with a land use designation of SC Service Commercial. The City is proposing to rezone the parcel to R-3 High Density Residential and change the land use designation to High Density Residential. This rezone and General Plan Amendment would allow this property to accommodate 101 additional units to meet the City’s RHNA for the 2024-2032 Housing Element cycle.

The landowner of the subject site has been contacted by staff and is not opposed to land use redesignation proposed by the City.

ISSUES
Staff did not identify any issues with the general plan amendment and rezone.

GENERAL PLAN
Notable 1999 General Plan Policies applicable to the Proposed Project include:
• Policy 3.1(A)(4): General Plan amendments shall be processed concurrently with the appropriate rezoning and/or other appropriate special permit application. 284 of 912
• Policy 3.2 (A): Designate and allow for the development of a wide range of residential housing types in the City including housing for middle and upper income families to meet the needs of all Livingston residents.

In addition, because the Proposed Project includes a General Plan Amendment, and in accordance with Senate Bill 18, tribal consultation notices were distributed on May 12, 2026. The City did not receive any formal consultation requests from Native American Tribes.

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 General Plan EIR due to the involvement of significant new environmental effects or a substantial increase in the severity of previously identified significant effects.

A CEQA environmental assessment will be conducted for each property at the time an application for development is submitted for consideration by the City.

PLANNING COMMISSION ACTIONS AND RECOMMENDATION:

The Planning Commission held a Public Hearing on August 11, 2026, to consider this General Plan Amendment and Rezone. Staff attended the meeting to present the staff-initiated proposal and answer questions from the Commission. At the conclusion of the public comments, the Commission on a vote of 4-0, approved Planning Commission Resolution No. 2026-XX, recommending approval of this General Plan Amendment and Rezone to the City Council, subject to findings contained in the Resolution.

PUBLIC NOTICE
A public hearing notice of the proposed general plan amendment and rezoning was published in the Merced Sun Star on July 29, 2026. In addition, a public hearing notice was mailed to landowners located within a five-hundred-foot distance away from the subject site.

FISCAL IMPACT:

Staff time was used to prepare and process this General Plan Amendment and Rezone.

RECOMMENDATION:

Staff and the Planning Commission recommend that the City Council take the following actions:

1. Adopt Resolution No. 2026-XX, approving General Plan Amendment No. GPA 2025-02, redesignating the subject property to High Density Residential; and 285 of 912

2. Introduce and waive the first reading of Ordinance No. 2026-XX, approving Rezone No. REZ 2025-02, amending the Official Zoning Map to rezone the subject property from C-3 (Highway Service Commercial) to R-3 (High Density Residential), and set the Ordinance for second reading and adoption at the next regular meeting of the City Council.

A general plan amendment is adopted by resolution, while a rezone is a zoning ordinance amendment that must be adopted by ordinance pursuant to California Government Code Sections 65853 through 65857. Accordingly, the rezone is presented for introduction and first reading of an ordinance concurrently with the general plan amendment.

ATTACHMENTS:

1. City Council Resolution 2026-XX (General Plan Amendment No. GPA 2025-02)

2. City Council Ordinance No. 2026-XX (Rezone No. REZ 2025-02)

3. Planning Commission Resolution 2026-XX

4. Aerial Location Map

5. Existing and Proposed Land Use Designation and Zoning Maps 286 of 912
CITY COUNCIL RESOLUTION 2026-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON APPROVING GENERAL PLAN AMENDMENT NO. GPA 2025-02 RE-DESIGNATING A PORTION OF THE

PARCEL LOCATED ON THE NORTH SIDE OF B STREET WEST OF PRUSSO STREET (APN 022-010-025) FROM SERVICE COMMERCIAL TO HIGH DENSITY RESIDENTIAL WHEREAS, pursuant to Title 5, Chapter 6, Section 2(B)(4) of the Livingston Municipal Code (LMC), the City Planner, by the authority of the City Manager, has initiated General Plan Amendment No. GPA 2025-02 for a property within the City of Livingston located on the north side of B Street, west of Prusso Avenue (APN 022-010-025), consisting of approximately 5.0 acres of the parcel (the "Subject Property"); and
WHEREAS, General Plan Amendment No. GPA 2025-02 would amend the General Plan Land Use Diagram to re-designate the Subject Property from Service Commercial (SC) to High Density Residential (HD), and is proposed to implement the City's 2024-2032 (6th Cycle) Housing Element by enabling the Subject Property to accommodate a portion of the City's Regional Housing Needs Allocation of 1,097 units; and
WHEREAS, General Plan Amendment No. GPA 2025-02 is being processed concurrently with Rezone No. REZ 2025-02, which amends the Official Zoning Map to rezone the Subject Property from C-3 (Highway Service Commercial) to R-3 (High Density Residential) and which is adopted by separate ordinance; and
WHEREAS, the Planning Commission reviewed the proposed general plan amendment at a duly noticed public hearing on August 11, 2026, and fully considered all comments, whether oral or written, regarding the proposed amendment; and
WHEREAS, the Planning Commission, in a vote of 4-0, adopted a Resolution recommending that the City Council approve the general plan amendment, subject to the findings contained in the Resolution; and
WHEREAS, the City Council held a duly noticed public hearing on August 18, 2026, regarding the proposed general plan amendment, at which time all interested persons were given an opportunity to be heard; and
WHEREAS, LMC Section 5-6-2(A) provides that City zoning regulations shall be consistent with the General Plan in accordance with California Government Code Section 65860, and the City Council finds that General Plan Amendment No. GPA 2025-02 is consistent with the Livingston General Plan, including General Plan Land Use Policy 3.2(A), "Designate and allow for the development of a wide range of residential housing types in the City including housing for middle and upper income families to meet the needs of all Livingston residents"; and WHEREAS, the City of Livingston, as the lead agency, has prepared an Addendum to the 2000 General Plan Environmental Impact Report (EIR) to analyze potential changes in environmental effects associated with General Plan Amendment No. GPA 2025-02 and Rezone No. REZ 2025-02, and comparing the potential environmental impacts to the environmental impacts analyzed in the 2000 General Plan EIR; and
WHEREAS, the Addendum concludes that there are no substantial changes that will require major revisions to the 2000 General Plan EIR due to the involvement of significant new 287 of 912
environmental effects or a substantial increase in the severity of previously identified significant effects under the California Environmental Quality Act ("CEQA"); and WHEREAS, in accordance with Senate Bill 18, formal consultation requests were distributed to Native American Tribes on August 12, 2025, for a 90-day period ending on November 10, 2025, and the City did not receive any formal requests for consultation; and WHEREAS, a Notice of Public Hearing was advertised in the Merced Sun Star, a newspaper of general circulation, on July 29, 2026. In addition, the Public Notice was emailed to the City's Public Hearing subscribers and interested parties on July 29, 2026, and posted at Livingston City Hall and on the City's website, locations accessible to the public; and WHEREAS, the City Council has exercised its own independent judgment in considering the information contained in this Resolution and its attachments, the staff report and attachments and other exhibits, and the written and oral testimony presented during the public hearing; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Livingston hereby finds and resolves as follows:

Section 1. The City Council finds that the foregoing recitals are true and correct and are incorporated herein by this reference.

Section 2. The City Council finds that the Addendum to the 2000 General Plan EIR has been prepared in compliance with CEQA and CEQA Guidelines Sections 15162 and 15164; determines that none of the conditions described in CEQA Guidelines Section 15162 requiring preparation of a subsequent or supplemental EIR are present; and adopts the Addendum.

Section 3. The City Council finds that General Plan Amendment No. GPA 2025-02 maintains the internal consistency of the General Plan pursuant to California Government Code Section 65300.5 and is consistent with the goals and policies of the Livingston General Plan.

Section 4. The City Council hereby approves General Plan Amendment No. GPA 2025-02, amending the General Plan Land Use Diagram to re-designate the Subject Property, identified as Assessor's Parcel Number 022-010-025 and consisting of approximately 5.0 acres located on the north side of B Street, west of Prusso Avenue, from Service Commercial (SC) to High Density Residential (HD), as depicted on the existing and proposed land use maps attached hereto as Exhibit A and incorporated herein by this reference.

Section 5. The re-designation approved by this Resolution shall become effective concurrently with the effective date of the ordinance approving Rezone No. REZ 2025-02, so that the General Plan Land Use Diagram and the Official Zoning Map are amended consistently.

I hereby certify that the foregoing Resolution No. 2026-___ is a full, true and correct copy of a resolution duly passed and adopted by the City Council of the City of Livingston at a regular meeting thereof duly held on the 18th day of August 2026, by the vote recorded as follows:

AYES:
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NOES:

ABSENT:

ABSTAIN:

By: ___________________________
Jose A. Moran, Mayor
of City of Livingston
ATTEST
_____________________________
Monica Cisneros, Deputy City Clerk
of the City of Livingston

APPROVED AS TO LEGAL FORM
________________________
City Attorney or Assistant City Attorney
of City of Livingston
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ORDINANCE NO. XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF LIVINGSTON TO REZONE A 5.0-ACRE

PORTION OF THE PARCEL LOCATED ON THE NORTH SIDE OF B STREET WEST OF PRUSSO STREET (APN 022-010-025) FROM C-3 (HIGHWAY SERVICE COMMERCIAL) TO R-3 (HIGH DENSITY RESIDENTIAL) (REZONE NO. REZ 2025-02) WHEREAS, pursuant to Title 5, Chapter 6, Section 2(B)(4) of the Livingston Municipal Code (LMC), the City Planner, by the authority of the City Manager, has initiated General Plan Amendment No. GPA 2025-02 and Rezone No. REZ 2025-02 for a property within the City of Livingston located on the north side of B Street, west of Prusso Avenue (APN 022-010-025), consisting of approximately 5.0 acres of the parcel (the "Subject Property"); and WHEREAS, the Subject Property is currently designated Service Commercial (SC) on the General Plan Land Use Diagram and zoned C-3 (Highway Service Commercial), and the City proposes to re-designate the Subject Property to High Density Residential (HD) and to rezone it to R-3 (High Density Residential); and
WHEREAS, the Subject Property is identified in the City's 2024-2032 (6th Cycle) Housing Element as a site to accommodate a portion of the City's Regional Housing Needs Allocation of 1,097 units, and the rezone to R-3 would enable the Subject Property to accommodate up to 101 additional dwelling units across a range of income levels; and WHEREAS, Rezone No. REZ 2025-02 is adopted concurrently with, and to implement, General Plan Amendment No. GPA 2025-02, which re-designates the Subject Property to High Density Residential; and
WHEREAS, the Planning Commission held a duly noticed public hearing on the proposed general plan amendment and rezone on August 11, 2026, in accordance with California Government Code Sections 65090, 65091, and 65854, and fully considered all comments, whether oral or written, regarding the proposed amendment; and WHEREAS, following its hearing and in accordance with California Government Code Section 65855, the Planning Commission, in a vote of 4-0, adopted a Resolution setting forth its written recommendation that the City Council approve the general plan amendment and rezone, together with the reasons for the recommendation and the relationship of the proposed amendment to the General Plan; and
WHEREAS, the City Council held a duly noticed public hearing on the proposed general plan amendment and rezone on August 18, 2026, in accordance with California Government Code Section 65856, at which time all interested persons were given an opportunity to be heard; and
WHEREAS, LMC Section 5-6-2(A) provides that City zoning regulations shall be consistent with the General Plan in accordance with California Government Code Section 65860, and the City Council finds that the rezone of the Subject Property to R-3 is consistent with the Livingston General Plan, as amended by GPA 2025-02, including General Plan Land Use Policy 3.2(A), "Designate and allow for the development of a wide range of residential housing types in the City including housing for middle and upper income families to meet the needs of all Livingston residents"; and
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WHEREAS, the City of Livingston, as the lead agency, has prepared an Addendum to the 2000 General Plan Environmental Impact Report (EIR) to analyze potential changes in environmental effects associated with General Plan Amendment No. GPA 2025-02 and Rezone No. REZ 2025-02, and comparing the potential environmental impacts to the environmental impacts analyzed in the 2000 General Plan EIR; and
WHEREAS, the Addendum concludes that there are no substantial changes that will require major revisions to the 2000 General Plan EIR due to the involvement of significant new environmental effects or a substantial increase in the severity of previously identified significant effects under the California Environmental Quality Act ("CEQA"); and WHEREAS, in accordance with Senate Bill 18, formal consultation requests were distributed to Native American Tribes on August 12, 2025, for a 90-day period ending on November 10, 2025, and the City did not receive any formal requests for consultation; and WHEREAS, a Notice of Public Hearing was published in the Merced Sun Star, a newspaper of general circulation, on July 29, 2026, not less than 20 days before the hearing as required by California Government Code Section 65854, mailed to the owners of property located within 300 feet of the Subject Property and to the applicant, and posted at Livingston City Hall and on the City's website, locations accessible to the public; and WHEREAS, the City Council has exercised its own independent judgment in considering the information contained in this Ordinance and its attachments, the staff report and attachments and other exhibits, and the written and oral testimony presented during the public hearing; and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LIVINGSTON DOES ORDAIN AS FOLLOWS:

Section 1. Findings. The City Council finds that the foregoing recitals are true and correct and are incorporated herein by this reference as findings of the City Council.

Section 2. Environmental Review. The City Council finds that the Addendum to the 2000 General Plan EIR has been prepared in compliance with CEQA and CEQA Guidelines Sections 15162 and 15164; determines that none of the conditions described in CEQA Guidelines Section 15162 requiring preparation of a subsequent or supplemental EIR are present; and adopts the Addendum.

Section 3. Amendment of the Official Zoning Map. The Official Zoning Map of the City of Livingston is hereby amended to reclassify the Subject Property, identified as Assessor's Parcel Number 022-010-025 and consisting of approximately 5.0 acres located on the north side of B street, west of Prusso Street, from C-3 (Highway Service Commercial) to R-3 (High Density Residential), as depicted on the existing and proposed zoning maps attached hereto as Exhibit A and incorporated herein by this reference.

Section 4. General Plan Consistency. The City Council finds that the R-3 (High Density Residential) zoning classification established by this Ordinance is consistent with the Livingston General Plan, as amended by General Plan Amendment No. GPA 2025-02, in accordance with California Government Code Section 65860 and LMC Section 5-6-2(A).

Section 5. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by a court of competent 291 of 912
jurisdiction, that decision shall not affect the validity of the remaining portions of this Ordinance.

The City Council declares that it would have adopted this Ordinance, and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.

Section 6. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption, in accordance with California Government Code Section 36937.

Section 7. Publication. The City Clerk shall cause this Ordinance, or a summary thereof, to be published and/or posted in the manner required by California Government Code Section 36933 within fifteen (15) days after its adoption.

Section 8. Effective Date. This Ordinance will become effective 30 days after adoption.

Introduced:

Passed and Adopted:
____________________________
_ JOSE MORAN, Mayor
of the City of Livingston
ATTEST:

State of California )
County of Merced )
City of Livingston )
I hereby certify that the foregoing Ordinance was duly introduced at a Regular Meeting of the City Council of the City of Livingston on the ____ day of August 2026, and was passed and adopted at a Regular Meeting of the City Council of the City of Livingston on this _____day of September 2026 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________________
Monica Cisneros, Deputy City Clerk
of the City of Livingston

APPROVED AS TO LEGAL FORM
___________________________________
City Attorney or Assistant City Attorney
Of City of Livingston
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ATTACHMENT 3
PLANNING COMMISSION RESOLUTION 2026-08

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

LIVINGSTON RECOMMENDING TO THE CITY COUNCIL

APPROVAL OF A GENERAL PLAN AMENDMENT AND REZONE TO A
PROPERTY LOCATED AT ON B STREET (APN: 022-010-025)
WHEREAS, pursuant to Title 5, Chapter 6, Section 2 (B) 4 of the Livingston Municipal Code (LMC), the City Planner, by the Authority of the City Manager, has prepared a general plan amendment and rezone to a property within the City of Livingston; and WHEREAS, the Planning Commission, has reviewed the proposed general plan amendment and rezone at a duly noticed public hearing on August 11, 2026, and has fully considered all comments whether orally or in writing regarding the proposed amendments; and WHEREAS, LMC Section 5-6-2 (A) states that City zoning regulations shall be consistent with the General Plan in accordance with California Government Code, Section 65860 and the Planning Commission determines that the proposed general plan amendments and rezones are consistent with the 1999 Livingston General Plan Objective A, “Designate and allow for the development of a wide range of residential housing types in the City including housing for middle and upper income families to meet the needs of all Livingston residents”; and
WHEREAS, the City of Livingston, as the lead agency, has prepared an Addendum to the 2000 General Plan EIR to analyze potential changes in environmental effects associated with the Housing Element 2024-2032 and compares the potential environmental impacts to the environmental impacts analyzed in the 2000 General Plan EIR; and WHEREAS, 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 under the California Environmental Quality Act (“CEQA”).

NOW, THEREFORE, BE IT RESOLVED that the Livingston Planning Commission hereby adopts Resolution 2026-08, recommending that the City Council amend the General Plan Land Use Diagram and Zoning Map.

The foregoing resolution was introduced and moved for adoption on August 11, 2026, by Commissioner Steve Bassi, and being duly seconded by Commissioner Jatinder Mann, was passed by the following vote:

AYES: Commissioner Jatinder Mann, Commissioner Steve Bassi, Alternate Commissioner Mohinder Kanda and Vice-Chair Jose Flores
NOES: None
ABSENT: Commissioner Jasneil Singh and *Chair Renee Mendonca ABSTAIN: None
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*Note- Chair Renee Mendonca resigned as of August 11, 2026 via email.

ATTEST:
__________________________ ________________________________ Jose Flores, Miguel Galvez,
Vice Chair Secretary of the Planning Commission

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STAFF REPORT
AGENDA ITEM: Public Hearing – General Plan Amendment Application No. GPA 2025- 03, Rezone Application No. REZ 2025-03 – A request to amend the Land Use Designation of a parcel located on F Street on the City of Livingston General Plan Land Use Diagram and the City of Livingston Zoning Map.

MEETING DATE: August 18, 2026
PREPARED BY: Jailah Smith, Contract City Planner
REVIEWED BY: Jose Ramirez, City Manager
RECOMMENDATION:

Adopt Resolution 2026-XX, approving General Plan Amendment No. GPA 2025-03; and introduce and waive the first reading of Ordinance No. 2026-XX, approving Rezone No. REZ 2025-03.

BACKGROUND AND DISCUSSION:

As required by State Law, the City of Livingston is in the process of updating the Housing Element.

Failure to implement these changes within the statutory deadlines may result in the Housing Element being found out of compliance with state law. This can lead to significant consequences, including the loss of eligibility for various state grants and funding programs.

The Merced County Association of Government (MCAG) prepared the Final Regional Housing Needs Allocation Plan, which was adopted on November 17, 2022.

The City of Livingston was allocated 1,097 units for the 6th Housing Element Cycle. The following table shows the City’s Regional Housing Needs Allocation by income category.

ANALYSIS:

The following site has been identified to accommodate higher density housing.

Site Location APN Acres
2 Northwest corner of F Street and Winton
Parkway
022-010-018 5.62
This property is currently vacant and zoned as R-1 Low Density Residential, with a land use designation of LD Low Density Residential. The City is proposing to rezone the parcel to R-3 High Density Residential and change the land use designation to High Density Residential. This rezone and General Plan Amendment would allow this property to accommodate 122 additional units to meet the City’s RHNA for the 2024-2032 Housing Element cycle.

The landowner of the subject site has been contacted by staff and is not opposed to land use redesignation proposed by the City.

ISSUES
Staff did not identify any issues with the general plan amendment and rezone.

GENERAL PLAN
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Notable 1999 General Plan Policies applicable to the Proposed Project include:
• Policy 3.1(A)(4): General Plan amendments shall be processed concurrently with the appropriate rezoning and/or other appropriate special permit application. • Policy 3.2 (A): Designate and allow for the development of a wide range of residential housing types in the City including housing for middle and upper income families to meet the needs of all Livingston residents.

In addition, because the Proposed Project includes a General Plan Amendment, and in accordance with Senate Bill 18, tribal consultation notices were distributed on August 12, 2025.

The City did not receive any formal consultation requests from Native American Tribes.

ENVIRONMENTAL REVIEW:

A CEQA environmental assessment will be conducted for each property at the time an application for development is submitted for consideration by the City.

PLANNING COMMISSION ACTIONS AND RECOMMENDATION:

FISCAL IMPACT:

Staff time was used to prepare and process this General Plan Amendment and Rezone. 302 of 912
RECOMMENDATION:

Staff and the Planning Commission recommend that the City Council take the following actions:

1. Adopt Resolution No. 2026-XX, approving General Plan Amendment No. GPA 2025-03, redesignating the subject property to High Density Residential; and

2. Introduce and waive the first reading of Ordinance No. 2026-XX, approving Rezone No. REZ 2025-03, amending the Official Zoning Map to rezone the subject property from R-1 (Low Density Residential) to R-3 (High Density Residential), and set the Ordinance for second reading and adoption at the next regular meeting of the City Council.

ATTACHMENTS:

1. City Council Resolution 2026-XX (General Plan Amendment No. GPA 2025-03)

2. City Council Ordinance No. 2026-XX (Rezone No. REZ 2025-03)

3. Planning Commission Resolution 2026-XX

4. Aerial Location Map

5. Existing and Proposed Land Use Designation and Zoning Maps 303 of 912
CITY COUNCIL RESOLUTION 2026-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON APPROVING GENERAL PLAN AMENDMENT NO. GPA 2025-03 RE-DESIGNATING A PROPERTY LOCATED AT ORTHWEST CORNER OF F STREET AND WINTON PARKWAY (APN 022- 010-018) FROM LOW DENSITY RESIDENTIAL TO HIGH DENSITY RESIDENTIAL WHEREAS, pursuant to Title 5, Chapter 6, Section 2(B)(4) of the Livingston Municipal Code (LMC), the City Planner, by the authority of the City Manager, has initiated General Plan Amendment No. GPA 2025-03 for a property within the City of Livingston located on the northwest corner of F Street and Winton Parkway (APN 022-010-018), consisting of approximately 5.62 acres (the "Subject Property"); and
WHEREAS, General Plan Amendment No. GPA 2025-03 would amend the General Plan Land Use Diagram to re-designate the Subject Property from Low Density Residential (LD) to High Density Residential (HD), and is proposed to implement the City's 2024-2032 (6th Cycle) Housing Element by enabling the Subject Property to accommodate a portion of the City's Regional Housing Needs Allocation of 1,097 units; and
WHEREAS, General Plan Amendment No. GPA 2025-03 is being processed concurrently with Rezone No. REZ 2025-03, which amends the Official Zoning Map to rezone the Subject Property from R-1 (Low Density Residential) to R-3 (High Density Residential) and which is adopted by separate ordinance; and
WHEREAS, the Planning Commission reviewed the proposed general plan amendment at a duly noticed public hearing on August 11, 2026, and fully considered all comments, whether oral or written, regarding the proposed amendment; and
WHEREAS, the Planning Commission, in a vote of 4-0, adopted a Resolution recommending that the City Council approve the general plan amendment, subject to the findings contained in the Resolution; and
WHEREAS, the City Council held a duly noticed public hearing on August 18, 2026, regarding the proposed general plan amendment, at which time all interested persons were given an opportunity to be heard; and
WHEREAS, LMC Section 5-6-2(A) provides that City zoning regulations shall be consistent with the General Plan in accordance with California Government Code Section 65860, and the City Council finds that General Plan Amendment No. GPA 2025-03 is consistent with the Livingston General Plan, including General Plan Land Use Policy 3.2(A), "Designate and allow for the development of a wide range of residential housing types in the City including housing for middle and upper income families to meet the needs of all Livingston residents"; and WHEREAS, the City of Livingston, as the lead agency, has prepared an Addendum to the 2000 General Plan Environmental Impact Report (EIR) to analyze potential changes in environmental effects associated with General Plan Amendment No. GPA 2025-03 and Rezone No. REZ 2025-03, and comparing the potential environmental impacts to the environmental impacts analyzed in the 2000 General Plan EIR; and
WHEREAS, the Addendum concludes that there are no substantial changes that will require major revisions to the 2000 General Plan EIR due to the involvement of significant new 304 of 912
environmental effects or a substantial increase in the severity of previously identified significant effects under the California Environmental Quality Act ("CEQA"); and WHEREAS, in accordance with Senate Bill 18, formal consultation requests were distributed to Native American Tribes on August 12, 2025, for a 90-day period ending on November 10, 2025, and the City did not receive any formal requests for consultation; and WHEREAS, a Notice of Public Hearing was advertised in the Merced Sun Star, a newspaper of general circulation, on July 29, 2026. In addition, the Public Notice was emailed to the City's Public Hearing subscribers and interested parties on July 29, 2026, and posted at Livingston City Hall and on the City's website, locations accessible to the public; and WHEREAS, the City Council has exercised its own independent judgment in considering the information contained in this Resolution and its attachments, the staff report and attachments and other exhibits, and the written and oral testimony presented during the public hearing; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Livingston hereby finds and resolves as follows:

Section 1. The City Council finds that the foregoing recitals are true and correct and are incorporated herein by this reference.

Section 3. The City Council finds that General Plan Amendment No. GPA 2025-03 maintains the internal consistency of the General Plan pursuant to California Government Code Section 65300.5 and is consistent with the goals and policies of the Livingston General Plan.

Section 4. The City Council hereby approves General Plan Amendment No. GPA 2025-03, amending the General Plan Land Use Diagram to re-designate the Subject Property, identified as Assessor's Parcel Number 022-010-018 and consisting of approximately 5.62 acres located on the northwest corner of F Street and Winton Parkway, from Low Density Residential (LD) to High Density Residential (HD), as depicted on the existing and proposed land use maps attached hereto as Exhibit A and incorporated herein by this reference.

Section 5. The re-designation approved by this Resolution shall become effective concurrently with the effective date of the ordinance approving Rezone No. REZ 2025-03, so that the General Plan Land Use Diagram and the Official Zoning Map are amended consistently.

AYES:
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NOES:

ABSENT:

ABSTAIN:

By: ___________________________
Jose A. Moran, Mayor
of City of Livingston
ATTEST
_____________________________
Monica Cisneros, Deputy City Clerk
of the City of Livingston

APPROVED AS TO LEGAL FORM
________________________
City Attorney or Assistant City Attorney
of City of Livingston
306 of 912

Page 1 of 4 ends

ORDINANCE NO. XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF LIVINGSTON TO REZONE A 5.62-ACRE

PARCEL LOCATED ON THE NORTHWEST CORNER OF F STREET AND WINTON PARKWAY (APN 022-010-018) FROM R-1 (LOW DENSITY RESIDENTIAL) TO R-3 (HIGH DENSITY RESIDENTIAL) (REZONE NO. REZ 2025-03)
WHEREAS, pursuant to Title 5, Chapter 6, Section 2(B)(4) of the Livingston Municipal Code (LMC), the City Planner, by the authority of the City Manager, has initiated General Plan Amendment No. GPA 2025-03 and Rezone No. REZ 2025-03 for a property within the City of Livingston located on the northwest corner of F Street and Winton Parkway (APN 022-010-018), consisting of approximately 5.62 acres (the "Subject Property"); and WHEREAS, the Subject Property is currently designated Low Density Residential (LD) on the General Plan Land Use Diagram and zoned R-1 (Low Density Residential), and the City proposes to re-designate the Subject Property to High Density Residential (HD) and to rezone it to R-3 (High Density Residential); and
WHEREAS, the Subject Property is identified in the City's 2024-2032 (6th Cycle) Housing Element as a site to accommodate a portion of the City's Regional Housing Needs Allocation of 1,097 units, and the rezone to R-3 would enable the Subject Property to accommodate up to 122 additional dwelling units across a range of income levels; and WHEREAS, Rezone No. REZ 2025-03 is adopted concurrently with, and to implement, General Plan Amendment No. GPA 2025-03, which re-designates the Subject Property to High Density Residential; and
WHEREAS, the Planning Commission held a duly noticed public hearing on the proposed general plan amendment and rezone on August 11, 2026, in accordance with California Government Code Sections 65090, 65091, and 65854, and fully considered all comments, whether oral or written, regarding the proposed amendment; and WHEREAS, following its hearing and in accordance with California Government Code Section 65855, the Planning Commission, in a vote of 4-0, adopted a Resolution setting forth its written recommendation that the City Council approve the general plan amendment and rezone, together with the reasons for the recommendation and the relationship of the proposed amendment to the General Plan; and
WHEREAS, the City Council held a duly noticed public hearing on the proposed general plan amendment and rezone on August 18, 2026, in accordance with California Government Code Section 65856, at which time all interested persons were given an opportunity to be heard; and
WHEREAS, LMC Section 5-6-2(A) provides that City zoning regulations shall be consistent with the General Plan in accordance with California Government Code Section 65860, and the City Council finds that the rezone of the Subject Property to R-3 is consistent with the Livingston General Plan, as amended by GPA 2025-03, including General Plan Land Use Policy 3.2(A), "Designate and allow for the development of a wide range of residential 307 of 912

Page 2 of 4 ends

housing types in the City including housing for middle and upper income families to meet the needs of all Livingston residents"; and
WHEREAS, the City of Livingston, as the lead agency, has prepared an Addendum to the 2000 General Plan Environmental Impact Report (EIR) to analyze potential changes in environmental effects associated with General Plan Amendment No. GPA 2025-03 and Rezone No. REZ 2025-03, and comparing the potential environmental impacts to the environmental impacts analyzed in the 2000 General Plan EIR; and
WHEREAS, the Addendum concludes that there are no substantial changes that will require major revisions to the 2000 General Plan EIR due to the involvement of significant new environmental effects or a substantial increase in the severity of previously identified significant effects under the California Environmental Quality Act ("CEQA"); and WHEREAS, in accordance with Senate Bill 18, formal consultation requests were distributed to Native American Tribes on August 12, 2025, for a 90-day period ending on November 10, 2025, and the City did not receive any formal requests for consultation; and WHEREAS, a Notice of Public Hearing was published in the Merced Sun Star, a newspaper of general circulation, on July 29, 2026, not less than 20 days before the hearing as required by California Government Code Section 65854, mailed to the owners of property located within 300 feet of the Subject Property and to the applicant, and posted at Livingston City Hall and on the City's website, locations accessible to the public; and WHEREAS, the City Council has exercised its own independent judgment in considering the information contained in this Ordinance and its attachments, the staff report and attachments and other exhibits, and the written and oral testimony presented during the public hearing; and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LIVINGSTON DOES ORDAIN AS FOLLOWS:

Section 1. Findings. The City Council finds that the foregoing recitals are true and correct and are incorporated herein by this reference as findings of the City Council.

Section 3. Amendment of the Official Zoning Map. The Official Zoning Map of the City of Livingston is hereby amended to reclassify the Subject Property, identified as Assessor's Parcel Number 022-010-018 and consisting of approximately 5.62 acres located at the northwest corner of F Street and Winton Parkway, from R-1 (Low Density Residential) to R-3 (High Density Residential), as depicted on the existing and proposed zoning maps attached hereto as Exhibit A and incorporated herein by this reference.
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Page 3 of 4 ends

Section 4. General Plan Consistency. The City Council finds that the R-3 (High Density Residential) zoning classification established by this Ordinance is consistent with the Livingston General Plan, as amended by General Plan Amendment No. GPA 2025-03, in accordance with California Government Code Section 65860 and LMC Section 5-6-2(A).

Section 5. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, that decision shall not affect the validity of the remaining portions of this Ordinance.

Section 6. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption, in accordance with California Government Code Section 36937.

Section 8. Effective Date. This Ordinance will become effective 30 days after adoption.

Introduced:

Passed and Adopted:

_____________________________
JOSE MORAN, Mayor
of the City of Livingston

ATTEST:

State of California )
County of Merced )
City of Livingston )

I hereby certify that the foregoing Ordinance was duly introduced at a Regular Meeting of the City Council of the City of Livingston on the ____ day of August 2026, and was passed and adopted at a Regular Meeting of the City Council of the City of Livingston on this _____day of September 2026 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

______________________________________
Monica Cisneros, Deputy City Clerk
of the City of Livingston
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Page 4 of 4 ends

APPROVED AS TO LEGAL FORM

___________________________________
City Attorney or Assistant City Attorney
Of City of Livingston
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ATTACHMENT 3
PLANNING COMMISSION RESOLUTION 2026-09

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

LIVINGSTON RECOMMENDING TO THE CITY COUNCIL

APPROVAL OF A GENERAL PLAN AMENDMENT AND REZONE TO A
PROPERTY LOCATED ON F STREET (APN: 022-010-018)
WHEREAS, pursuant to Title 5, Chapter 6, Section 2 (B) 4 of the Livingston Municipal Code (LMC), the City Planner, by the Authority of the City Manager, has prepared a general plan amendment and rezone to a property within the City of Livingston; and WHEREAS, the Planning Commission, has reviewed the proposed general plan amendment and rezone at a duly noticed special public hearing on August 11, 2026, and has fully considered all comments whether orally or in writing regarding the proposed amendments; and
WHEREAS, LMC Section 5-6-2 (A) states that City zoning regulations shall be consistent with the General Plan in accordance with California Government Code, Section 65860 and the Planning Commission determines that the proposed general plan amendments and rezones are consistent with the 1999 Livingston General Plan Objective A, “Designate and allow for the development of a wide range of residential housing types in the City including housing for middle and upper income families to meet the needs of all Livingston residents”; and
WHEREAS, the City of Livingston, as the lead agency, has prepared an Addendum to the 2000 General Plan EIR to analyze potential changes in environmental effects associated with the Housing Element 2024-2032 and compares the potential environmental impacts to the environmental impacts analyzed in the 2000 General Plan EIR; and WHEREAS, 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 under the California Environmental Quality Act (“CEQA”).

NOW, THEREFORE, BE IT RESOLVED that the Livingston Planning Commission hereby adopts Resolution 2026-09, recommending that the City Council amend the General Plan Land Use Diagram and Zoning Map.

AYES: Commissioner Jatinder Mann, Commissioner Steve Bassi, Alternate Commissioner Mohinder Kanda and Vice-Chair Jose Flores
NOES: None
ABSENT: Commissioner Jasneil Singh and *Chair Renee Mendonca ABSTAIN: None
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*Note- Chair Renee Mendonca resigned as of August 11, 2026 via email.

ATTEST:
__________________________ ________________________________ Jose Flores, Miguel Galvez,
Vice Chair Secretary of the Planning Commission

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STAFF REPORT
AGENDA ITEM: Public Hearing – General Plan Amendment Application No. GPA 2025- 04, Rezone Application No. REZ 2025-04 – A request to amend the Land Use Designation of 12511 Peach Avenue on the City of Livingston General Plan Land Use Diagram and the City of Livingston Zoning Map.

MEETING DATE: August 18, 2026
PREPARED BY: Jailah Smith, Contract City Planner
REVIEWED BY: Jose Ramirez, City Manager
RECOMMENDATION:

Adopt Resolution 2026-XX, approving General Plan Amendment No. GPA 2025-04; and introduce and waive the first reading of Ordinance No. 2026-XX, approving Rezone No. REZ 2025-04.

BACKGROUND AND DISCUSSION:

As required by State Law, the City of Livingston is in the process of updating the Housing Element.

The Merced County Association of Government (MCAG) prepared the Final Regional Housing Needs Allocation Plan, which was adopted on November 17, 2022.

The City of Livingston was allocated 1,097 units for the 6th Housing Element Cycle. The following table shows the City’s Regional Housing Needs Allocation by income category.

ANALYSIS:

The following site has been identified to accommodate higher density housing.

Site Location APN Acres
3 12511 Peach Avenue 047-280-003 15
This property is currently vacant and zoned as R-1 Low Density Residential, with a land use designation of LD Low Density Residential. The City is proposing to rezone the parcel to R-3 High Density Residential and change the land use designation to High Density Residential. This rezone and General Plan Amendment would allow this property to accommodate 304 additional units to meet the City’s RHNA for the 2024-2032 Housing Element cycle.

The landowner of the subject site has been contacted by staff and is not opposed to land use redesignation proposed by the City.

ISSUES
Staff did not identify any issues with the general plan amendment and rezone.

GENERAL PLAN
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Notable 1999 General Plan Policies applicable to the Proposed Project include:
• Policy 3.1(A)(4): General Plan amendments shall be processed concurrently with the appropriate rezoning and/or other appropriate special permit application. • Policy 3.2 (A): Designate and allow for the development of a wide range of residential housing types in the City including housing for middle and upper income families to meet the needs of all Livingston residents.

ENVIRONMENTAL REVIEW:

A CEQA environmental assessment will be conducted for each property at the time an application for development is submitted for consideration by the City.

PLANNING COMMISSION ACTIONS AND RECOMMENDATION:

FISCAL IMPACT:

Staff time was used to prepare and process this General Plan Amendment and Rezone. 320 of 912
RECOMMENDATION:

Staff and the Planning Commission recommend that the City Council take the following actions:

1. Adopt Resolution No. 2026-XX, approving General Plan Amendment No. GPA 2025-04, redesignating the subject property to High Density Residential; and

2. Introduce and waive the first reading of Ordinance No. 2026-XX, approving Rezone No. REZ 2025-04, amending the Official Zoning Map to rezone the subject property from R-1 (Low Density Residential) to R-3 (High Density Residential), and set the Ordinance for second reading and adoption at the next regular meeting of the City Council.

ATTACHMENTS:

1. City Council Resolution 2026-XX (General Plan Amendment No. GPA 2025-04)

2. City Council Ordinance No. 2026-XX (Rezone No. REZ 2025-04)

3. Planning Commission Resolution 2026-XX

4. Aerial Location Map

5. Existing and Proposed Land Use Designation and Zoning Maps 321 of 912
CITY COUNCIL RESOLUTION 2026-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON APPROVING GENERAL PLAN AMENDMENT NO. GPA 2025-04 RE-DESIGNATING A PORTION OF THE PROPERTY LOCATED AT 12511 PEACH AVENUE (APN 047-280-003) FROM LOW

DENSITY RESIDENTIAL TO HIGH DENSITY RESIDENTIAL
WHEREAS, pursuant to Title 5, Chapter 6, Section 2(B)(4) of the Livingston Municipal Code (LMC), the City Planner, by the authority of the City Manager, has initiated General Plan Amendment No. GPA 2025-04 for a property within the City of Livingston located at 12511 Peach Avenue (APN 047-280-003), consisting of approximately 15 acres (the "Subject Property"); and WHEREAS, General Plan Amendment No. GPA 2025-04 would amend the General Plan Land Use Diagram to re-designate the Subject Property from Low Density Residential (LD) to High Density Residential (HD), and is proposed to implement the City's 2024-2032 (6th Cycle) Housing Element by enabling the Subject Property to accommodate a portion of the City's Regional Housing Needs Allocation of 1,097 units; and
WHEREAS, General Plan Amendment No. GPA 2025-04 is being processed concurrently with Rezone No. REZ 2025-04, which amends the Official Zoning Map to rezone the Subject Property from R-1 (Low Density Residential) to R-3 (High Density Residential) and which is adopted by separate ordinance; and
WHEREAS, the Planning Commission reviewed the proposed general plan amendment at a duly noticed public hearing on August 11, 2026, and fully considered all comments, whether oral or written, regarding the proposed amendment; and
WHEREAS, the Planning Commission, in a vote of 4-0, adopted a Resolution recommending that the City Council approve the general plan amendment, subject to the findings contained in the Resolution; and
WHEREAS, the City Council held a duly noticed public hearing on August 18, 2026, regarding the proposed general plan amendment, at which time all interested persons were given an opportunity to be heard; and
WHEREAS, LMC Section 5-6-2(A) provides that City zoning regulations shall be consistent with the General Plan in accordance with California Government Code Section 65860, and the City Council finds that General Plan Amendment No. GPA 2025-04 is consistent with the Livingston General Plan, including General Plan Land Use Policy 3.2(A), "Designate and allow for the development of a wide range of residential housing types in the City including housing for middle and upper income families to meet the needs of all Livingston residents"; and WHEREAS, the City of Livingston, as the lead agency, has prepared an Addendum to the 2000 General Plan Environmental Impact Report (EIR) to analyze potential changes in environmental effects associated with General Plan Amendment No. GPA 2025-04 and Rezone No. REZ 2025-04, and comparing the potential environmental impacts to the environmental impacts analyzed in the 2000 General Plan EIR; and
WHEREAS, the Addendum concludes that there are no substantial changes that will require major revisions to the 2000 General Plan EIR due to the involvement of significant new environmental effects or a substantial increase in the severity of previously identified significant effects under the California Environmental Quality Act ("CEQA"); and 322 of 912
WHEREAS, in accordance with Senate Bill 18, formal consultation requests were distributed to Native American Tribes on August 12, 2025, for a 90-day period ending on November 10, 2025, and the City did not receive any formal requests for consultation; and WHEREAS, a Notice of Public Hearing was advertised in the Merced Sun Star, a newspaper of general circulation, on July 29, 2026. In addition, the Public Notice was emailed to the City's Public Hearing subscribers and interested parties on July 29, 2026, and posted at Livingston City Hall and on the City's website, locations accessible to the public; and WHEREAS, the City Council has exercised its own independent judgment in considering the information contained in this Resolution and its attachments, the staff report and attachments and other exhibits, and the written and oral testimony presented during the public hearing; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Livingston hereby finds and resolves as follows:

Section 1. The City Council finds that the foregoing recitals are true and correct and are incorporated herein by this reference.

Section 3. The City Council finds that General Plan Amendment No. GPA 2025-04 maintains the internal consistency of the General Plan pursuant to California Government Code Section 65300.5 and is consistent with the goals and policies of the Livingston General Plan.

Section 4. The City Council hereby approves General Plan Amendment No. GPA 2025-04, amending the General Plan Land Use Diagram to re-designate the Subject Property, identified as Assessor's Parcel Number 047-280-003 and consisting of approximately 15 acres located at 12511 Peach Avenue, from Low Density Residential (LD) to High Density Residential (HD), as depicted on the existing and proposed land use maps attached hereto as Exhibit A and incorporated herein by this reference.

Section 5. The re-designation approved by this Resolution shall become effective concurrently with the effective date of the ordinance approving Rezone No. REZ 2025-04, so that the General Plan Land Use Diagram and the Official Zoning Map are amended consistently.

AYES:

NOES:

ABSENT:
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ABSTAIN:

By: ___________________________
Jose A. Moran, Mayor
of City of Livingston
ATTEST
_____________________________
Monica Cisneros, Deputy City Clerk
of the City of Livingston

APPROVED AS TO LEGAL FORM
________________________
City Attorney or Assistant City Attorney
of City of Livingston
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Page 1 of 3 ends

ORDINANCE NO. XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF LIVINGSTON TO REZONE A 15-ACRE PORTION OF THE PARCEL LOCATED AT 12511 PEACH AVENUE (APN 047-280-003) FROM R-1 (LOW DENSITY RESIDENTIAL) TO R-3 (HIGH DENSITY RESIDENTIAL) (REZONE NO. REZ 2025-04)
WHEREAS, pursuant to Title 5, Chapter 6, Section 2(B)(4) of the Livingston Municipal Code (LMC), the City Planner, by the authority of the City Manager, has initiated General Plan Amendment No. GPA 2025-04 and Rezone No. REZ 2025-04 for a property within the City of Livingston located at 12511 Peach Avenue (APN 047-280-003), consisting of approximately 15 acres of the parcel (the "Subject Property"); and
WHEREAS, the Subject Property is currently designated Low Density Residential (LD) on the General Plan Land Use Diagram and zoned R-1 (Low Density Residential), and the City proposes to re-designate the Subject Property to High Density Residential (HD) and to rezone it to R-3 (High Density Residential); and
WHEREAS, the Subject Property is identified in the City's 2024-2032 (6th Cycle) Housing Element as a site to accommodate a portion of the City's Regional Housing Needs Allocation of 1,097 units, and the rezone to R-3 would enable the Subject Property to accommodate up to 304 additional dwelling units across a range of income levels; and WHEREAS, Rezone No. REZ 2025-04 is adopted concurrently with, and to implement, General Plan Amendment No. GPA 2025-04, which re-designates the Subject Property to High Density Residential; and
WHEREAS, the Planning Commission held a duly noticed public hearing on the proposed general plan amendment and rezone on August 11, 2026, in accordance with California Government Code Sections 65090, 65091, and 65854, and fully considered all comments, whether oral or written, regarding the proposed amendment; and WHEREAS, following its hearing and in accordance with California Government Code Section 65855, the Planning Commission, in a vote of 4-0, adopted a Resolution setting forth its written recommendation that the City Council approve the general plan amendment and rezone, together with the reasons for the recommendation and the relationship of the proposed amendment to the General Plan; and
WHEREAS, the City Council held a duly noticed public hearing on the proposed general plan amendment and rezone on August 18, 2026, in accordance with California Government Code Section 65856, at which time all interested persons were given an opportunity to be heard; and
WHEREAS, LMC Section 5-6-2(A) provides that City zoning regulations shall be consistent with the General Plan in accordance with California Government Code Section 65860, and the City Council finds that the rezone of the Subject Property to R-3 is consistent with the Livingston General Plan, as amended by GPA 2025-04, including General Plan Land Use Policy 3.2(A), "Designate and allow for the development of a wide range of residential housing types in the City including housing for middle and upper income families to meet the needs of all Livingston residents"; and
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Page 2 of 3 ends

WHEREAS, the City of Livingston, as the lead agency, has prepared an Addendum to the 2000 General Plan Environmental Impact Report (EIR) to analyze potential changes in environmental effects associated with General Plan Amendment No. GPA 2025-04 and Rezone No. REZ 2025-04, and comparing the potential environmental impacts to the environmental impacts analyzed in the 2000 General Plan EIR; and
WHEREAS, the Addendum concludes that there are no substantial changes that will require major revisions to the 2000 General Plan EIR due to the involvement of significant new environmental effects or a substantial increase in the severity of previously identified significant effects under the California Environmental Quality Act ("CEQA"); and WHEREAS, in accordance with Senate Bill 18, formal consultation requests were distributed to Native American Tribes on August 12, 2025, for a 90-day period ending on November 10, 2025, and the City did not receive any formal requests for consultation; and WHEREAS, a Notice of Public Hearing was published in the Merced Sun Star, a newspaper of general circulation, on July 29, 2026, not less than 20 days before the hearing as required by California Government Code Section 65854, mailed to the owners of property located within 300 feet of the Subject Property and to the applicant, and posted at Livingston City Hall and on the City's website, locations accessible to the public; and WHEREAS, the City Council has exercised its own independent judgment in considering the information contained in this Ordinance and its attachments, the staff report and attachments and other exhibits, and the written and oral testimony presented during the public hearing; and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LIVINGSTON DOES ORDAIN AS FOLLOWS:

Section 1. Findings. The City Council finds that the foregoing recitals are true and correct and are incorporated herein by this reference as findings of the City Council.

Section 3. Amendment of the Official Zoning Map. The Official Zoning Map of the City of Livingston is hereby amended to reclassify the Subject Property, identified as Assessor's Parcel Number 047-280-003 and consisting of approximately 15 acres located at 12511 Peach Avenue, from R-1 (Low Density Residential) to R-3 (High Density Residential), as depicted on the existing and proposed zoning maps attached hereto as Exhibit A and incorporated herein by this reference.

Section 4. General Plan Consistency. The City Council finds that the R-3 (High Density Residential) zoning classification established by this Ordinance is consistent with the Livingston General Plan, as amended by General Plan Amendment No. GPA 2025-04, in accordance with California Government Code Section 65860 and LMC Section 5-6-2(A). 326 of 912

Page 3 of 3 ends

Section 5. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, that decision shall not affect the validity of the remaining portions of this Ordinance.

Section 6. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption, in accordance with California Government Code Section 36937.

Section 8. Effective Date. This Ordinance will become effective 30 days after adoption.

Introduced:

Passed and Adopted:

_____________________________
JOSE MORAN, Mayor
of the City of Livingston

ATTEST:

State of California )
County of Merced )
City of Livingston )

AYES:

NOES:

ABSENT:

ABSTAIN:

______________________________________
Monica Cisneros, Deputy City Clerk
of the City of Livingston

APPROVED AS TO LEGAL FORM

__________________________________
City Attorney or Assistant City Attorney
Of City of Livingston
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ATTACHMENT 3
PLANNING COMMISSION RESOLUTION 2026-10

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

LIVINGSTON RECOMMENDING TO THE CITY COUNCIL

APPROVAL OF A GENERAL PLAN AMENDMENT AND REZONE TO A
PROPERTY LOCATED AT 12511 PEACH AVENUE (APN: 047-280-003) WHEREAS, pursuant to Title 5, Chapter 6, Section 2 (B) 4 of the Livingston Municipal Code (LMC), the City Planner, by the Authority of the City Manager, has prepared a general plan amendment and rezone to a property within the City of Livingston; and WHEREAS, the Planning Commission, has reviewed the proposed general plan amendment and rezone at a duly noticed special public hearing on August 11, 2026, and has fully considered all comments whether orally or in writing regarding the proposed amendments; and
WHEREAS, LMC Section 5-6-2 (A) states that City zoning regulations shall be consistent with the General Plan in accordance with California Government Code, Section 65860 and the Planning Commission determines that the proposed general plan amendments and rezones are consistent with the 1999 Livingston General Plan Objective A, “Designate and allow for the development of a wide range of residential housing types in the City including housing for middle and upper income families to meet the needs of all Livingston residents”; and
WHEREAS, the City of Livingston, as the lead agency, has prepared an Addendum to the 2000 General Plan EIR to analyze potential changes in environmental effects associated with the Housing Element 2024-2032 and compares the potential environmental impacts to the environmental impacts analyzed in the 2000 General Plan EIR; and WHEREAS, 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 under the California Environmental Quality Act (“CEQA”).

NOW, THEREFORE, BE IT RESOLVED that the Livingston Planning Commission hereby adopts Resolution 2026-10, recommending that the City Council amend the General Plan Land Use Diagram and Zoning Map.

The foregoing resolution was introduced and moved for adoption on August 11, 2026, by Commissioner Jatinder Mann, and being duly seconded by Vice-Chair Jose Flores, was passed by the following vote:

AYES: Commissioner Jatinder Mann, Commissioner Steve Bassi, Alternate Commissioner Mohinder Kanda and Vice-Chair Jose Flores
NOES: None
ABSENT: Commissioner Jasneil Singh and *Chair Renee Mendonca ABSTAIN: None
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*Note- Chair Renee Mendonca resigned as of August 11, 2026 via email.

ATTEST:
__________________________ ________________________________ Jose Flores, Miguel Galvez,
Vice Chair Secretary of the Planning Commission

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Livingston City CouncilAugust 18, 2026

Livingston City Council
August 18, 2026