A Complete Statement of Overriding Considerations?

(The following is a “word for word” transcription from the Oct 21, 2008 Staff Report “Revised Public draft 2025 general Plan and Draft Environmental Impact Report (EIR), pages 38-40)

 

III.   FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS

 

With respect to each impact that cannot feasibly be avoided or mitigated to a level of insignificance (i.e., the impacts identified in Section II(B) is outweighed by the economic and social considerations of planning for and accommodating future growth. As stated in section 1.2 of the 2025 General Plan Update:

 

“Though agriculture remains the predominant industry in the community, Livingston has seen dramatic commercial and residential growth over the past 20 years. The City is increasingly becoming a bedroom community for workers in Merced, Modesto, and the San Francisco Bay Area.

 

The City is currently experiencing a rapid increase in residential development. Between1990 and 2000, the population of the City of Livingston increased 43 percent. At the time of the adoption of the 1999 General Plan, Livingston was predicted to be one of the fastest growing communities in the County of Merced over the next 10-15 years (Merced County Association of Governments, 1998).

 

Virtually all significantly sized residential parcels in the existing Sphere of Influence are entitled, under construction, or are currently pursuing entitlements for development. Building permits issued between 2005 and 2006 averaged approximately 184 in number annually and have primarily been for single-family residential development (City of Livingston, 2007). During that time, several new residential development projects received planning approval. A portion of these approved developments were proposed beyond the current city limits, necessitating annexation prior to approval. Annexation applications were approved by Merced County Local Agency Formation Commission (LAFCo) in January 2005 for a 22-acre, 97-lot subdivision in the northeast portion of the City (Dunmore Homes) and in October 2005 for a 38.2-acre, 160-lot residential development along the southern city limit (Del Valle). Furthermore, several more residential units are currently under review and are anticipated for approval in 2008.

 

Additionally, the City received concept plans for two large, mixed-use developments on the outer limits of the City, the River Ranch project (430 acres) and the Ranchwood project (320 acres), both of which extend beyond the existing Sphere of Influence boundary. Commercial and Light Industrial properties within the city limits are also undergoing development. Travel Centers of America has recently been constructed along the Winton Parkway, and the City has approved a 155,000 square foot commercial center along B Street at Winton Parkway. The City also has additional commercial projects moving through the entitlement process, including the Blueberry Crossing Project located along Campbell Avenue just east of the Hammat interchange. The City has also expressed interest in targeting lands surrounding Caltrans’ State Highway (SH) 99/Sultana Drive interchange for future commercial development.”

 

·        Maintain agriculture and agriculture-related industries as an important economic base for the City.

 

·        Encourage future growth to be contiguous to existing development so as to make the best possible use of existing vacant lands and to allow the City to provide services to new development in an efficient and cost-effective manner.

 

·        Ensure that future development provides service improvements at their full capacity upon development rather than deferring such improvements and costs to the future.

 

·        Provide for the extension of needed infrastructure by developers, which incorporates a mechanism for development to pay its own way. Encourage the development of revenue-generating uses within the City and capitalize on the opportunities for commercial services provided by the SR 99/Sultana Drive interchange, creating a commercial center focused on community-serving needs as well as more regional commercial needs.

 

·        Plan for neighborhood development as walkable in design with good intra- and interconnectivity.

 

·        Diversify the City’s economy to provide a healthy and sustainable mix of agriculture, commercial, and industrial activities to provide employment for residents and revenues for municipal services.

 

Commentary

So….Because Livingston is growing “by leaps and bounds” a Statement of Overriding Considerations is not only justifiable but necessary. (Am I missing something?)

 

While preparing this post, I compared the above text to the General Plan and Draft EIR. It was interesting to note the items which were “left out” of the Staff report. I am including them below and will let you, the reader, ponder the reason for these “omissions”

 

From Section 1.2 of the 2025 General Plan Update

“Livingston is a highly productive agricultural community, where industry includes both farming and agricultural processing. Foster Farms is the largest employer in Livingston and in Merced County”.

 

From Section 2.2 of the DEIR

·        Ultimately expand city limits beyond the City’s proposed 20-year SOI to Washington Boulevard to the west, Westside Boulevard to the south, Cressey Way to the east, and Olive Avenue to the north.

 

·        Update the City’s approach to and timing for development of annexations based on criteria used by Merced LAFCo. The criteria the City would use to prioritize annexations beyond the criteria used by LAFCo include:

o       the need for major infrastructure;

o       the potential revenues received versus the actual costs to the City;

o       the strategic importance of the location to the City; or

o       the environmental constraints on the property.

 

·        Incorporate any necessary policy changes stemming from recommendations in the preliminary Master Plans, including the Water Distribution, Wastewater Collection, Storm Drainage, Park and Recreation, and Circulation Master Plans.