CITY COUNCIL-PLANNING COMMISSION JOINT MEETING AGENDA MONDAY, APRIL 19, 2021 VIRTUAL WORKSHOP MEETING 5:00 PM

MONDAY, APRIL 19, 2021

VIRTUAL WORKSHOP MEETING – 5:00 PM

TELECONFERENCE:

MEETING PARTICIPATION INFORMATION CAN BE FOUND AT THE END OF THE AGENDA

CITY OF LIVERMORE YOUTUBE CHANNEL:

https://www.youtube.com/c/CityofLivermoreCalifornia

ZOOM WEBINAR:

https://us02web.zoom.us/j/89755082915

Zoom dial in phone number: 1 669 900 6833 Meeting ID: 897 5508 2915

NOTICE IS HEREBY GIVEN that the City Council of the City of Livermore will convene a City Council workshop on April 19, 2021 beginning at 5:00 pm, held virtually using Zoom.

This workshop is being called by Mayor Bob Woerner. /s/ Bob Woerner

CITY COUNCIL

PLANNING COMMISSION

Bob Woerner, Mayor Jacob Anderson, Chair

Trish Munro, Vice Mayor Steven Dunbar, Vice Chair Robert W. Carling, Council Member Evan Branning, Commissioner Regina Bonanno, Council Member Daniel Leary, Commissioner Brittni Kiick, Council Member John Stein, Commissioner

Mayor Bob Woerner Planning Commission Commissioner John Stein Commissioner Daniel Leary Commissioner Evan Branning Vice Chair Steven Dunbar Chair Jacob Anderson

3. SPECIAL MEETING WORKSHOP ITEM

AN OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE CITY COUNCIL AND PLANNING COMMISSION REGARDING THE SPECIAL MEETING ITEM WILL BE PROVIDED BY THE MAYOR.

3.1 Review local land use authority and City Council goals; discuss the respective roles and responsibilities of the City Council and Planning Commission.

4. ADJOURNMENT

To a regular City Council meeting on April 26, 2021 at 7:00pm and a Planning Commission meeting on April 20, 2021 at 7:00pm, both held virtually using Zoom.

HOW TO PARTICIPATE IN YOUR CITY COUNCIL-PLANNING COMMISSION JOINT MEETING

You can participate in the meeting in the following ways:

Special Meetings, Workshops - The public will have the opportunity to address the City Council regarding the item that is the subject of the special meeting or workshop. Public comments are limited to a maximum of 3 minutes per person.

Platforms to Participate in Virtual Meetings:

Submission of Comments Prior to the Meeting:

may use the 'raise hand' feature. You should be aware that the City Council and Planning Commission are prohibited by State law from taking action on any items that are not listed on the agenda.

However, if your item requires action, the City Council or Planning Commission may place it on a future agenda or direct staff to work with you and/or report to the appropriate body on the issue. Zoom Webinar: https://us02web.zoom.us/j/89755082915

Zoom dial in phone number:

1 669 900 6833

Meeting ID: 897-5508-2915

If you would like to deliver written materials to the City Council as part of their electronic comments during a meeting, the speaker must identify that intent in his or her comment submitted and

immediately email the materials to the City Clerk at cityclerk@cityoflivermore.net.

The City Council Agenda and Agenda Reports are prepared by City staff and are available for public review on Tuesday evening, six days prior to the City Council meeting in the Civic Center Library, 1188 South Livermore Avenue, Livermore, and at the City Clerk’s Office, 1052 South Livermore Avenue, Livermore. The Agenda is also available on the City’s website, http://cityoflivermore.net/agenda.

Under Government Code §54957.5, any supplemental material distributed to the members of the City Council after the posting of this agenda will be available for public review in the City Clerk’s Office, 1052 South Livermore Avenue, Livermore, and included in the agenda packet available on the City’s web site at http://cityoflivermore.net/agenda.

PURSUANT TO TITLE II OF THE AMERICANS WITH DISABILITIES ACT (CODIFIED AT 42

UNITED STATES CODE SECTION 12101 AND 28 CODE OF FEDERAL REGULATIONS PART 35), AND SECTION 504 OF THE REHABILITATION ACT OF 1973, THE CITY OF LIVERMORE DOES NOT DISCRIMINATE ON THE BASIS OF RACE, COLOR, RELIGION, NATIONAL ORIGIN, ANCESTRY, SEX, DISABILITY, AGE OR SEXUAL ORIENTATION IN THE PROVISION OF ANY SERVICES, PROGRAMS, OR ACTIVITIES. TO ARRANGE AN ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PUBLIC MEETING, PLEASE CONTACT THE ADA COORDINATOR AT

ADACOORDINATOR@CITYOFLIVERMORE.NET OR CALL (925) 4170 (VOICE) OR (925)

City Council &

Planning Commission

Workshop

Land Use Authority & Regulation

April 19, 2021

1

1. Municipal Authority

2. Land Use Authority

3. Land Use Regulation in Livermore

4. Respective Roles and Responsibilities

5. California Environmental Quality Act (CEQA)

6. City Council Goals

Overview

2

Municipal Authority

3

Police Power

Protecting the Public Health, Safety & Welfare

A … city may make and enforce within its limits

all local, police, sanitary, and other ordinances

and regulations not in conflict with general laws.

(Cal. Const. art. XI, § 7.)

Municipal Authority

4

Police Power

- Sovereign power to govern is derived by the

California Constitution

- California Legislature provides additional powers

- Local authority to act when not in conflict with

general laws

Municipal Authority

5

Types of Power

Police Power … governmental power

– Legislative – Quasi-judicial – Administrative

Proprietary … private powers

– Power to act in the same efficient manner as a private person

Municipal Authority

6

Limits on Police Power

Constitutional Limitations

– First Amendment (Expression) – Fifth Amendment (Takings)

– Fourteenth Amendment (Due Process)

Competing Authority

– Supremacy Clause

– Pre-emption, conflict with State General Law

Precedent (Equal Protection)

Municipal Authority

7

Land Use Authority

8

Police power is the legal basis for the City’s land use regulation to protect the public health, safety,

and welfare of its residents.

Berman v. Parker (1954) 348 U.S. 26, 32-33

Associated Home Builders, Inc. v. City of Livermore (1976) 18 Cal.3d 582, 600-601.

Land Use Authority

9

State Law

– Constitutional power to determine appropriate us of land within its limits

– Constitutional Power to define nuisances – Specific Legislation

• Subdivision Map Act

• Permit Streamlining Act, etc. • Housing

Land Use Authority

10

Local Land Use Regulation – General Plan

– Livermore Development Code – Development Agreements – Specific Plan, PUD, Zoning

Land Use Authority

11

Land Use Regulation

in Livermore

12

Hierarchy

– General Plan

– Neighborhood Plan

– Specific Plan

– Development Code/Zoning

– Design Standards and Guidelines

Land Use Authority

13

General Plan:

“The Constitution” for Development

• The General Plan land use policies outline how the City will grow and conserve its resources.

• Consistency Doctrine: Zoning and subdivision approvals must be consistent with the General Plan.

Land Use Regulation

14

• Land Use • Open Space • Conservation • Circulation • Noise • Housing • Public Safety • Community Character • Climate Change

• Infrastructure & Public Services

• Economic Development & Fiscal

Optional

Required

Land Use Regulation

General Plan Elements

15

Goal LU-1 Protect the unique qualities of Livermore, which include a historic Downtown, a variety of residential neighborhoods, vineyards, ranches, natural habitats and open space.

Objective LU-1.1 Locate new development so as to create a consolidated pattern of urbanization, maximizing the use of existing public services and facilities.

Policy P1. Residential development shall be limited to those areas within the UGB.

Land Use Regulation

16

Land Use Map

Land Use Regulation

17

Important General Plan Land Use Policies:

• South Livermore Urban Growth Boundary Initiative • North Livermore Urban Growth Boundary Initiative • Scenic Corridor Policies

Land Use Regulation

18

South Livermore Urban Growth Boundary North Livermore Urban

Growth Boundary

19

Land Use Regulation

20

Housing Element

State law requires cities to adopt a General Plan with certain elements:

• Housing element is one of the most regimented elements

• Annual reporting is required to the State to

identify the City's ongoing compliance with these regulations

Land Use Authority

21

2015-2022 Housing Element

2017 State housing legislation enacted the following additional reporting requirements for the 2018 and future APRs:

• Annual housing development applications received and the number of housing units included in those applications.

• Annual housing units approved and disapproved.

• Annual housing units receiving a certificate of occupancy or other form of readiness (such as a finaled building permit).

• Annual housing units proposed, approved, or constructed pursuant to the streamlining provisions in SB 35.

• Housing units constructed in conjunction with a commercial development bonus.

• Income categories of all the above housing units. • List of sites rezoned to accommodate RHNA targets.

22

Regional Housing Needs Allocation

(RHNA)

San Francisco Bay Area’s 2015-2022 housing assignment:

187,990

23

Regional Housing Need Allocation (RHNA)

4-person household in Alameda County (2020) Income Category Livermore’s RHNA 2015 – 2022 % of Median Household Income Upper Threshold

Extremely Low Less than 30% $39,150

Very Low 839 31-50% $65,250 Low 474 51-80% $104,400 Moderate 496 81%-120% $143,050 Above Moderate 920 120%+ Total 2,729 24 23

2015-2022 Housing Element

• City not required to construct RHNA units, but must show land is available

• Livermore's Current zoning of vacant and underutilized land is adequate to meet RHNA

• The City Council reviewed and accepted the Housing Element Annual Progress Report on March 22, 2021.

25

Regional Housing Need Allocation (RHNA) and

Building Permits Issued

Income

Category 2015 2016 2017 2018 2019 2020 Total 2015 – 2022RHNA Remaining

Extremely/ Very Low 0 0 52 34 42 0 128 839 711 Low 2 16 24 10 1 3 56 474 418 Moderate 14 395 15 26 38 40 528 496 0 Above Moderate 420 15 311 235 260 124 1365 920 0 Total 436 426 402 305 341 167 2077 2,729 1129 26 25

New Housing Units Built in Livermore (1990-2020) 27 272 178 317350 480 549 548 980 676 389 511 403 788 431 553 440 207 191 70109 95 98 216 176 86 436 426 402 305341 167 0 200 400 600 800 1000 1200

Regional Housing Needs Allocation

(RHNA)

San Francisco Bay Area’s 2023-2030 housing assignment:

441,176

28

Regional Housing Needs Allocation

(RHNA)

29

Neighborhood Plans and Specific Plans

Implement the General Plan

in particular geographical areas

– Brisa Neighborhood Plan

– Arroyo Vista Neighborhood Plan – Downtown Specific Plan

– South Livermore Valley Specific Plan – El Charro Specific Plan

– Isabel Neighborhood Specific Plan

Land Use Regulation

30

Downtown Specific Plan

South Livermore Valley Specific Plan El Charro

Specific Plan

Brisa NP Arroyo

Vista NP

Land Use Regulation

Isabel Neighborhood

Specific Plan

31

Land Use Regulation

Downtown Specific Plan

El Charro Specific Plan

South Livermore Valley Specific Plan

32

Development Code

The primary purpose of the Livermore

Development Code is to implement the

General Plan and includes more detailed

development regulations.

33

Zoning Map

34

Land Use Regulation

Development Code Land Use Table

Land Use Regulation

35

• Floor Area Ratio and Lot Coverage

• Setbacks from Property Line

• Building Height

• Lot Size Minimums and Maximums

• Number of Parking Spaces

• Open Space

Development Code Standards

Land Use Regulation

36

Review Authority

– Established within the Development Code

• Staff

• Planning Commission

• City Council

– Council always has final decision-making

authority either directly or by appeal

Land Use Regulation

37

Design

Review

• Planning Commission and staff review site layout, building architecture and landscaping

• Determine consistency with Adopted Design Standards and Guidelines

– Promote aesthetic and functional quality of the community

– Implement General Plan and Development Code policies to maintain high design standards

Land Use Regulation

38

Design Standards

• Respect Livermore Context

• Contribute to Neighborhood Identity • Encourage High Quality Building Forms • Strengthen Pedestrian Realm

• Create a Variety of Public Spaces • Minimize Large Parking Fields

Land Use Regulation

39

Respective Roles and

Responsibilities

40

Roles and Responsibilities

City Council

- Legislative: Establishing policy and making law - Quasi Judicial: Applying law and policy

Planning Commission

- Legislative: Recommending policy and law to the Council - Quasi Judicial: Applying law and policy (final authority or

making recommendations for Council consideration) Rules of Procedure and Communication as a Body

41

Roles and Responsibilities:

Livermore Case Studies

Sunset Office Park – General Plan Amendment, Rezoning, Site Plan Design Review

Legislative: Establishing policy and making law

- General Plan Amendment to Change Land Use

- Zoning Map Amendment to Change Land Use

- Site Plan Design Review to

determine consistency with design standards and guidelines

42

Roles and Responsibilities:

Livermore Case Studies

Garaventa Hills– Subdivision/Site Plan Design Review

Legislative: Establishing policy and making law revised to Quasi Judicial: Applying law and policy

43 • Follow Standard Zoning • Reduce the number of units; • Reduce the size of the units; • Reduce the height of the units; • Narrow the street widths; • Reduce the wall heights; • Provide an emergency vehicle  access at Hawk Street.

Roles and Responsibilities:

Livermore Case Studies

Wine Country Inn – Site Plan Design Review

Quasi Judicial: Applying law and policy

- General Plan Permitted Use - Specific Plan Permitted Use

- Planned Unit Development (Zoning) Permitted Use - Development Agreement (Contract) Permitted Use - Site Plan Design Review to determine consistency with

design standards and guidelines

44

Rules of Procedure/Communication

City Council Rules of Procedure - Advisory Boards directed to follow - Rosenberg’s Rules of Order (modified)

Communication as a Body - Minutes

- Individual communications re: projects discouraged

45

Exercise of Authority

Adopt Regulations (Legislative act & community input) Apply Regulations – objective implementation once a project application deemed complete

• Approval - Identify fact-based reasons supported by evidence

• Denial - Identify facts not sufficiently shown

46

Nexus

Test – If imposing exactions (conditions and fees) on project must: 1. Demonstrate a connection between the regulatory purpose and the

condition imposed; and

2. Be roughly proportional to the projected impact of the project.

Key Cases

Nollan v California Coastal Commission (1987): permit conditions that fail to

substantially advance the agency’s authorized purposes require compensation. Origin of the “Nexus” requirement.

Dolan v. City of Tigard (1994): conditions of a permit must be “roughly

proportional” to the impacts of the proposed project.

47

Findings

“Legal footprints” left by decision-makers illustrating the decision making process. Findings are required to support decision to approve or deny a project and must include information justifying imposition of fees or other exactions.

Purposes:

1. Provides framework for principled decision making, enhances integrity of the administrative process;

2. Helps make for orderly analysis;

3. Shows decision making is careful, well-reasoned, and equitable; 4. Enables parties to determine whether and on what basis they

should seek judicial review and remedy; and 5. Apprises court of the basis for the agency's action.

48

Administrative Record

Purpose: Written record supporting City’s decisions. The record should demonstrate that the City’s decision was reasonable.

What is included?: All documents and materials that were part of the official decision-making process, including written documents, testimony, emails, technical studies, documents incorporated by reference, and any other evidence available that could have influenced

the final decision whether or not it was directly considered.

Excluded: Attorney-client privileged

documents; draft environmental documents.

49

California Environmental

Quality Act

(CEQA)

50 49

Objectives of CEQA

51

Disclose –

Disclose the public reasons for agency approval of projects with significant environmental effects

Foster –

Foster interagency coordination in review of projects

Enhance –

Enhance public participation in the planning process

CEQA Guidelines Sec. 15002

CEQA's Environmental Mandate

• "Each public agency shall mitigate or

avoid the significant effects on the

environment of projects that it

carries out or approves whenever it is

feasible to do so."

Public Resources Code Section 21002.1(b)

52

Overview of CEQA Process

Step One: Is it a Project?

Step Two: Is the Project Exempt?

Step Three: Will the Project Result in Significant

Environmental Impacts?

Step Four:

* If No Significant Impacts > Negative Declaration or Mitigated Negative Declaration

* If Significant Impacts > Environmental Impact Report

53

Categories of Environmental Review

• Aesthetics

• Agriculture & Forestry Resources • Air Quality • Biological Resources • Cultural Resources / Historical Impacts • Geology / Soils

• Greenhouse Gas Emissions • Hazards & Hazardous

Materials

• Hydrology / Water Quality • Land Use / Planning • Mineral Resources • Noise • Population / Housing • Public Services • Recreation • Transportation / Traffic • Utilities / Service Systems • Mandatory Findings of

Significance

54

What’s Next

Short Term (Next 2 years)

• Downtown

• Parking garages, Housing, Commercial • Climate Action Plan Update

• General Plan Update

• Implement Isabel Neighborhood Specific Plan

55

What’s Next

Mid Term (2-4 years)

• General Plan Update • Downtown

• Cultural and Hotel • Development Code Update

• Implement Isabel Neighborhood Specific Plan • Review of Specific Plans

• Update Design Standards & Guidelines • (Objective Design Standards)

56

City Council Goals

57

2021-2022 City Council Goals

and Priorities

• Downtown

• General Plan Update

• Affordable Housing and Homelessness • Asset Management and Stormwater

• Modernization, Training, and Workplace Enhancements

58