Resolution Adopting the Mitigated Negative Declaration and First Reading and Introduction of Ordinance Approving the Third Amendment to the Development Agreement between the City of Livingston and JEG Livingston Ranches, LLC, Concerning 15.9 Acres Northeast of the Intersection of Robin Avenue and B Street, Livingston, CA.

note from the gardening snail. this page was produced by running a pdf imagine file through software which converts image to text. my apologies for any textual gremlins

meeting date: March 20, 2018

STAFF REPORT

AGENDA ITEM: Public Hearing – Resolution Adopting the Mitigated Negative Declaration and First Reading and Introduction of Ordinance Approving the Third Amendment to the Development Agreement Between the City of Livingston and JEG Livingston Ranches, LLC, Concerning 15.9 Acres Northeast of the Intersection of Robin Avenue and B Street, Livingston, CA

MEETING DATE: March 20, 2018

PREPARED BY: Randy Hatch, Contract City Planner

REVIEWED BY: Jose Antonio Ramirez, City Manager

RECOMMENDATION:

Council Adopt Resolution 2018-_, Adopting the Mitigated Negative Declaration for the Project and Introduce the first reading of Ordinance _, Approving the Third Amendment to the Development Agreement between the City of Livingston and JEG Livingston Ranches, LLC, concerning 15.9 acres northeast of the intersection of Robin Avenue and B Street, Livingston, CA.

BACKGROUND AND DISCUSSION:

The applicant, Joseph Gallo Farms, is proposing to divide the 15.9 acre property into 9 parcels varying from .96 to 2.0 acres in size and 1 remainder parcel currently and proposed to continue to be used as a drainage basin for the project and the commercial area to the east. The existing Joseph Gallo Drive is to continue west providing access to the property linking it to Winton Parkway on the east and Robin Avenue on the west. Two new streets are to provide access to the proposed parcels with Del Rio Avenue to the north and Bella Vista Court to the south. Full improvements of streets, curbs and gutters, sidewalks, sewer lines, and drainage are provided to all parcels. The nine parcels vary in size from 0.96 acres (2 lots) to 2.0 acres (1 lot). The balances of the 6 remaining parcels are roughly 1 acre in size. As noted, the reminder parcel is used as a drainage basin and is 2.01 acres in size (see attached tentative subdivision map). The varying sizes allow for varying users which could include a wide variety of commercial activities and uses appropriate to highway locations as envisioned by the zoning designation.

No specific uses are proposed at this time. This subdivision creates an inventory of fmished lots available for future development. It is desirable for the City to contain a selection of finished lots available for development to be able to take advantage of economic development opportunities. The City Municipal Code requires the future uses obtain a Site Plan and Design Review approval first from the Planning Commission and then the City Council.

This project also includes the Third Amendment to the Development Agreement between the City of Livingston and JEG Livingston Ranches, LLC. The Third Amendment extends the term of the original Development Agreement 10 years from the approval date of the Third Amendment. It establishes the list of development fees the Project is subject to and in what manner those fees may increase over time. It establishes the reimbursement credit amount due the developer and clarifies when the deed for well 15 will be executed. It establishes the standards and conditions applicable to the Project and further defines that

the Project is incorporating conditions of Project approval and proposed environmental mitigations as part of the Project. This last feature allows the City to adopt a Mitigated Negative Declaration for the Project in compliance with State CEQA provisions.

On February 13, 2018, the Planning Commission approved the Tentative Subdivision Map and its associated environmental document (Mitigated Negative Declaration) and recommended the City Council approve the Third Amendment to the Development Agreement between the City and JEG Livingston Ranches, LLC. No appeal of the Planning Commission’s decisions was filed.

ENVIRONMENTAL REVIEW:

The division of property for the Project (including the eventual development of the commercial uses it allows) and the Third Amendment to the Development Agreement is a “project” subject to review under the California Environmental Quality Act (CEQA). The Planning Commission considered both the creation of lots (Tentative Subdivision Map) and the Third Amendment to the Development Agreement in their approval and recommendation. Since the approval of the Third Amendment to the Development Agreement is before the City Council, the Council must also consider the environmental document and adopt it before any approval of the Amendment to the Development Agreement.

The applicant retained the services of an environmental consultant to meet CEQA requirements which are administered by the City. Gallo representatives prepared an Initial Study which reviews the “project” per the standards and criteria of CEQA and determines whether the “project” would result in any significant environmental effects, as defined by CEQA. If significant effects are determined to result from the “project”, then the applicant identifies and describes feasible mitigation measures which could be undertaken that would avoid the identified significant effects or reduce them to a level that would be less than significant. This is all identified in the Initial Study and a proposed Mitigated Negative Declaration. The applicant prepared these documents and they were reviewed in detail by City staff and, after City editing, represent the independent analysis and judgment of the City. These documents were circulated to various City departments, other agencies and organizations , and the State Clearinghouse, and made available for public review and comment for 39 days (more than the 30 days listed in the State CEQA Guidelines) starting July 19, 2017, through August 25, 2017. Several comments were received addressing the environmental analysis of the project and other comments were received commenting on the proposed Tentative Subdivision Map or the Third Amendment to the Development Agreement. The environmental comments were from CalTrans (District 10), State Department of Fish and Wildlife, and the San Joaquin Valley Air Pollution Control District. Comments directed to proposed conditions of approval for the Tentative Subdivision Map were received from the City Engineer and the Fire Department. The Resolution Approving the Tentative Subdivision Map approved by the Planning Commission included conditions that addressed these engineering and fire concerns. The environmentally related comments from the three State agencies are addressed separately below.

The CalTrans comment letter requests a Traffic Impact Study (TIS) to determine impacts to State facilities at the State Route 99 interchange with Winton Parkway. A functional equivalent TIS had been prepared by the applicant’s environmental traffic engineering consultants and after City review and revision was included in the environmental document prepared and circulated for review. The author of the CalTrans letter was contacted and apprised of this situation and an additional copy of the traffic analysis was provided. No further comments from CalTrans have been received. City staff did determine that some typographical errors and oversights had been included in the environmental document circulated (though these were not identified or referenced in any comments received). The attached resolution adopting the document and approving a Mitigated Negative Declaration includes corrected pages and mitigations which, in staffs opinion, fully address any significant traffic impacts of the project. The City recognizes

that this interchange does experience congestion and, at times, delay. The City is ensuring that this project,

via the mitigation measures incorporated into the project, is addressing its proportionate share of impacts. Further, the City has required other projects impacting this intersection to contribute proportionately to the solution, as well.

The Department of Fish and Wildlife comment letter identifies Swainson’s hawk as a species potentially impacted by the project and suggests a number of mitigation measures. The mitigation measures incorporated into the project address these concerns as well as potential impacts to three additional species (San Joaquin Kit Fox, American Badger, and Western Burrowing Owl). The San Joaquin Valley Air Pollution Control District (SJVAPCD) comment letter notes that various potential end users on the lots created may be subject to various rules and regulations of the SJVAPCD. Mitigations are included in the project such that subsequent development on the lots will be required to contact SJVAPCD to determine what rules and regulations apply. Further, it is important to note that all subsequent development on these lots require discretionary approval from the City which will ensure that development will be subject to its own CEQA review and mitigations, as needed.

Staff has prepared a Resolution which adopts the Mitigated Negative Declaration, as amended, and incorporates all the proposed Mitigation Measures into the project. The City has also prepared a Mitigation Monitoring / Reporting Plan which summarizes all potential impacts of the project and the associated mitigation measures. The Mitigation Monitoring / Reporting Plan also identifies who is responsible for implementing the mitigation measure and who does the follow up with monitoring/ reporting.

ANALYSIS:

The property is vacant except for the 2-acre drainage basin on the remainder parcel which serves future commercial development in this Phase 2 project and also serves existing development in the adjacent Phase 1 commercial development. The property is properly General Planned and Zoned for continued commercial development. The proposal complies with both the Land Use Element Objective 3.lA providing for a well-balanced mix of commercial uses which create and maintain a high quality environment and a fiscally sound community, and with Commercial Land Use Objective 3.3A ensuring for the provision of adequate commercial shopping opportunities and office space locations to meet anticipated needs. The proposal is consistent with Commercial Land Use Policy 1d as it pertains to Highway Commercial uses which, due to space requirements, the proximity to the highway, or the distinctive nature of their operation, are not compatible with or are not usually located in other commercial designations.

The anticipated uses that will locate in the Gallo Project area are expected to require larger lot sizes that are not readily available elsewhere in the commercial areas of the City and may need closer access to Highway

99. Further, the zoning of the area of C-3, Highway Service Commercial, requires new development to obtain a Site Plan / Design Review approval from both the Planning Commission and the City Council to implement Land Use Element 3.1 policies 6 and 12 which require detailed review of new uses to identify and ensure compliance with a variety of issues and standards. The environmental review of this proposal, as discussed above, documents that all potential impacts from this division of property and the eventual commercial development of the lots will have no significant impacts that have not been eliminated or mitigated. The development of these new commercial lots will provide benefits to the City and its residents in terms of addition commercial services available, increased employment opportunities available from the new businesses, and increased tax revenue to the City to maintain and enhance City services.

It should again be noted that the eventual development on these new lots will be subject to review and approval by the City via a Site Plan and Design Review Permit or, if needed, by a Use Permit. The tentative subdivision map provides for all required easements for utilities to serve development on the parcels. The changes to the Project and Mitigations referenced above provides for needed Right-Of-Way and turning restrictions to insure safe turning movements and as efficient traffic flow as possible.

FISCAL IMPACT:

A positive impact is expected from the new employment opportunities as a result of new businesses locating on these new lots. Additional taxable sales and property taxes would also occur from these new businesses and the project would provide needed street improvements in this area, particularly the completion of Joseph Gallo Drive through to Robin Avenue.

PLANNING COMMISSION ACTIONS AND RECOMMENDATION:

The Planning Commission held a Public Hearing on this request for a Tentative Subdivision Map, Third Amendment to the Development Agreement, and associated environmental review and consideration on February 13, 2018. The Planning Commission is the approving body (unless appealed) for the Tentative Subdivision Map and makes recommendation to the City Council on the Third Amendment to the Development Agreement. The Planning Commission considered the environmental documents prior to its action on the Tentative Subdivision Map and its recommendation to the City Council on the Third Amendment to the Development Agreement. The applicant representatives appeared at the Hearing and presented their request and answered questions from the Commission. A few members of the public were present and asked questions about water and traffic. The City Engineer stated the City has water available for development of the Gallo lots as part of this project. The project is addressing its share of traffic impacts by the traffic improvements required as part of the Tentative Map and as further included as part of the project via the Mitigated Negative Declaration.

The Commission felt that the proposed subdivision and resulting development would be an asset and beneficial to the community. The Commission determined that the lots and improvements, as proposed and as conditioned, complies with all the requirements and standards applicable to this proposal. The Third Amendment to the Development Agreement would facilitate this development and insure it would be consistent with the area and provide needed services to the community. This project will construct needed roadway extensions and improvements. These lots will allow for additional commercial development opportunities in the City. The Planning Commission recommends the City Council adopt Resolution 2018-_, adopting the Mitigated Negative Declaration with its Mitigation Monitoring I Reporting Program; and introduce and finally approve Ordinance approving the Third Amendment to the Development Agreement, based on the Findings contained in the attached resolution and within the Ordinance itself.

ATTACHMENTS:

1. Resolution 2018-_, Adopting the Mitigated Negative Declaration Exhibit “A”, Initial Study /Mitigated Negative Declaration­

Corrected Pages 3-61 through 3-64 of the Initial Study, Initial Study Section 4.0 – Mitigation Measures (summary)

Exhibit “B”, Mitigation Monitoring/ Reporting Program

2. Ordinance No. :, Introducing Adoption of the Third Amendment to the Development Agreement, Third Amendment to Development Agreement between the City of Livingston and JEG

Livingston Ranches, LLC, including Exhibits “A” – “E”

3. Project Location and Zoning Map

4. Tentative Subdivision Map for the Gallo Project

RESOLUTION 2018-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON ADOPTING THE MITIGATED NEGATIVE DECLARATION AND ADOPTING A

MITIGATION MONITORING/REPORTING PROGRAM FOR THE THIRD AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF LIVINGSTON

AND JEG LIVINGSTON RANCHES, LLC (TM 2017-01)

WHEREAS, pursuant to Livingston Municipal Code (“LMC”) sections 5-6-3 and 6-6, JEG Livingston Ranches LLC, applicant and owner, has applied for a Tentative Subdivision Map and a Third Amendment to an existing Development Agreement to create nine parcels with a remainder on 15.9 acres located northeast of the intersection of Robin Avenue and B Street, (APN 022-010-015), in the City of Livingston; and

WHEREAS, these developments are deemed a Project within the meaning of the California Environmental Quality Act (CEQA); and

WHEREAS, the City of Livingston has caused to be prepared an Initial Study/Mitigated Negative Declaration (IS/MND) addressing the potential environmental effects of the Gallo Tentative Map Project in accordance with the requirements of CEQA, which is attached hereto as Exhibit “A” and is hereby incorporated by reference; and

WHEREAS, a Notice of Completion and Environmental Document Transmittal was received by the State Clearinghouse on July 19, 2017; and

WHEREAS, a Notice of Intent to adopt a MND was filed at the Merced County Clerk’s office on July 25, 2017; and

WHEREAS, the IS/MND has been circulated for public and agency review and comment in accordance with the requirements of CEQA from July 19, 2017, through August 25, 2017, and comments were received; and

WHEREAS, at the conclusion of the public review and comment period, a limited number of typographical errors and omissions in the IS/MND have been discovered and corrected pages 3-61 through 3-64 (attached) have been prepared and are included in the document as a Final Initial Study/ Mitigated Negative Declaration (FIS/MND); and

WHEREAS, the City Planning Commission has held a public hearing on the proposed project on February 13, 2018, which was properly noticed by posting, a newspaper ad, and a mailing to adjacent properties within 300 feet of the site; and

WHERAS, the Planning Commission adopted Resolution 2018-01, adopting the Mitigated Negative Declaration and Mitigation Monitoring/ Reporting Program for their approval of the Tentative Subdivision Map and recommended to the City Council approval of the Third Amendment to the Gallo Development Agreement; and

WHEREAS, the City Council has held a public hearing on the proposed project on March 20, 2018, which has been properly noticed by posting, a newspaper ad, and a mailing to adjacent properties within 300 feet of the site; and

WHEREAS, the City Council has reviewed and independently considered the analysis and conclusions of the FIS/MND; and

WHEREAS, the City Council has reviewed and considered any and all comments on the FIS/MND made at the public hearing and amended the FIS/MND, as needed; and

WHEREAS, the City has prepared a Mitigation Monitoring/Reporting Program for the Gallo Tentative Map project attached hereto as Exhibit “B” and is hereby incorporated by reference.

NOW, THEREFORE, BE IT RESOLVED that:

1. The Livingston City Council finds, based on the whole record before it, including, but not limited to the FIS/MND, the comments received on the FIS/MND, the staff reports received, and all other oral or written evidence submitted to the City Council that there is no substantial evidence that the Project will have a significant effect on the environment and further finds that the FIS/MND reflects the City Council’s independent judgment and analysis.

2. The Planning Department of the City of Livingston is the custodian of the documents and other materials that constitute the record of proceedings upon which this decision is made.

3. The Livingston City Council hereby adopts Resolution 2018-_, which adopts the FIS/MND for the subject project as contained within Exhibit “A” attached hereto with Table 1-1 (summarizing the impacts and mitigation measures) also attached.

4. The Livingston City Council hereby adopts the Mitigation monitoring/ Reporting Program for the project as contained within City Council Resolution 2018-_, Exhibit “B”.

Passed and adopted this 20th day of March, 2018, by the following vote: AYES:

NOES:

ABSENT:

ABSTAIN:

Jim Soria, 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 20th day of March, 2018.

Antonio Silva, City Clerk of the City of Livingston