Livermore Municipal Code Part 4 General to Zones

LDC Chapter 4.01. INTRODUCTION

LDC § 4.01.010. Purpose.

This chapter expands upon the zone standards of Part 3 (Specific to Zones) by addressing additional details of site planning, project design, and the operation of land uses. These standards are intended to ensure that proposed development is compatible with existing and future development on neighboring properties, and produces an environment of desirable character, consistent with the General Plan and any applicable specific plan.

The requirements of this chapter shall apply to all proposed development and new land uses, except as specified in LDC Chapter 9.16 (Nonconforming Uses), and shall be considered in combination with the standards for the applicable zone in Part 3 (Specific to Zones), Part 6 (Specific to Uses), and Part 11 (Housing). If there is a conflict between any standards, the provisions of Part 3 control over Part 4 (General to Zones), the provisions of Part 6 control over Parts 3 and 4, and the provisions of Part 11 (Housing) control over Parts 3 and 6.

(Ord. 2178, 7/14/2025)

LDC § 4.02.010. Calculation of Residential Density and Units.

A. Gross acreage is used for the purpose of density calculation.

B. The maximum number of dwelling units permitted in each residential project shall be calculated by multiplying the gross residential acreage of the project site, as defined by the General Plan, times the maximum allowable density under the General Plan residential land use designation and as adjusted by any variation permitted in the General Plan.

C. Where this calculation results in a fraction the result will be rounded down to the nearest whole number.

D. Accessory Dwelling Units and Junior Accessory Dwelling Units are permitted subject to the requirements set forth in LDC Chapter 11.30 (ADUs and JADUs). Two-Unit Residential Development and/or Urban Lot Splits are permitted subject to the requirements set forth in LDC Chapter 11.50 (Two-Unit Residential Developments and Urban Lot Splits).

E. Additional density is allowed under the State density bonus law (California Government Code Section 65915). The law provides increased residential densities for projects that guarantee a portion of the housing units will be affordable to very low-, low-, or moderate-income households, provide senior citizen housing, or include child care facilities. See LDC Chapter 11.40 (Density Bonus).

F. Residential project densities shall be consistent with City of Livermore Housing Element.

G. Accessory Dwelling Units and Junior Accessory Dwelling Units shall not be counted towards residential density calculations. Two-Unit Residential Development and/or Urban Lot Splits are allowed in single family zoning districts regardless of residential density limitations when the requirements of LDC Chapter 11.50 (Two-Unit Residential Developments and Urban Lot Splits) are met.

(Ord. 2151 § 5, 2023; Ord. 2178, 7/14/2025)

A. Green building standards.

1. Civic buildings, see LMC Chapter 15.32 (Civic Green Buildings).

2. Commercial, industrial, and residential buildings, see LMC Chapter 15.76 (Commercial and Residential Green Buildings).

B. Encroachments.

1. Allowed encroachments into required yards (Transect zones).

Table 4.1: Street frontage yards Transect Zones Frontages Types, see LDC Chapter 4.03 (Frontage Standards)

Table 4.2: Non-street frontage yards Transect Zones Frontages Types, see LDC Chapter 4.03 (Frontage Standards)

2. Allowed encroachments into required yards (Non-Transect zones).

Table 4.3: Street frontage yards Non-Transect Zones

Table 4.4: Non-street frontage yards Non-Transect Zones

C. Yards.

1. General.

a. For the purpose of measuring yards, cantilevered walls shall be considered as exterior walls and measurements of yards shall be made from the edge thereof.

b. The minimum side or rear yard setback for any residential use located within a residential zoning district shall be the lesser of the setback established for the zoning district or the setback of the existing dwelling existing on the lot, excluding garages or accessory structures.

c. In any case of an irregularly shaped lot where the yard requirements do not clearly apply, or lots having unusual design, location, or relation to adjacent lots, the Director shall establish the requirements in conformity with the intent of the definitions for yard area.

d. Paving within front yard: On detached single-family residential lots, no more than 600 square feet or 50%, whichever is greater, of the required street frontage yard may be paved, up to a maximum of 800 square feet. For purposes of this section, "paving" shall include any permanent hard surface such as asphalt, concrete, interlocking pavers, bricks, or other masonry, but not including loose gravel. Uncovered patios, stairs, landings and walkways as discussed in subsection B of this section (Encroachments) not exceeding six feet in width, do not count toward this area. Any paved areas in excess of this requirement in existence at the time of adoption shall be deemed legal nonconforming. On irregularly shaped lots, or where special physical circumstances are found, the Director may approve additional paving upon up to 5% of the area described above, as long as the intent of this section is met.

2. Front within non-Transect residential districts:

a. Reduction of front setback: In any non-Transect residential district where 50% or more of the building sites on any one block in the same district have been improved with buildings, the required front yard, exclusive of garages facing the street, may be reduced to a depth equal to the average of the front yards of improved building sites, but not less than 15 feet.

b. Designation of front yard on corner lots: In any R district, the front yard of a corner lot shall be on a public street as designated by the owner.

(Ord. 2082 § 2(O), 2019)

A. Purpose.

1. To ensure accessory structures in residential districts are consistent with the residential character of the neighborhood;

2. To maintain light and air between structures;

3. To minimize the visual impact associated with the height and bulk of accessory structures;

4. To ensure accessory structures are secondary to the primary dwelling in size and use.

B. Exemptions. The standards in this section do not apply to the following unless otherwise stated in the applicable zoning district:

1. Accessory Dwelling Units that conform to the regulations of LDC Chapter 11.30 (ADUs and JADUs).

2. Covered parking for multifamily developments that conforms to the design review requirements of LDC Chapter 9.07 and all development standards and requirements of the underlying zoning district.

3. Landscape features including the following, provided they do not restrict visibility at a street intersection:

a. Light poles and similar lighting features not more than eight feet in height.

b. Gates or archways for pedestrian access not more than eight feet in height located in a primary dwelling frontage.

c. Planters and similar landscape features.

d. Statuary and similar features not more than eight feet in height.

Table 4.5: Standards 1 Height

C. General regulation. The following regulations shall apply to all accessory structures which are not exempt per subsection B.

1. Floor area within legal accessory structures shall not be counted against floor area ratio or coverage limit (whichever applies) of the underlying zoning district.

2. A building permit shall be required for any accessory structure greater than 120 square feet or contains light fixtures or heating appurtenances, or is otherwise served by a utility such as electricity, gas, or plumbing, or is structurally attached to a dwelling or another accessory structure.

3. Accessory structures shall not be located in a primary dwelling frontage. See Figure 4.9 below.

4. Accessory structures not within a primary dwelling frontage but located within 50 feet of a street right-of-way shall be located behind a conforming six-foot fence, except for detached garages. See Figure 4.9 below.

5. Limitations on use.

a. An accessory structure shall be permitted on a lot only in conjunction with a primary dwelling unit.

b. Use of an accessory building as a dwelling unit, sleeping quarters, or a housekeeping unit is prohibited, unless permitted as an approved accessory dwelling unit, subject to the provisions of LDC Chapter 11.30, Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs).

c. A bathroom is permitted within an enclosed accessory structure.

d. A kitchen is prohibited in an enclosed accessory structure, unless permitted in an approved accessory dwelling unit, subject to the provisions of LDC Chapter 11.30.

e. A shipping container is not permitted as an accessory structure in a residential zoning district.

6. Separations.

a. A minimum three-foot separation shall be maintained between an accessory structure and all other structures on a lot, measured from exterior vertical wall or post surfaces, except as noted in subsections C.6.c and d, below.

b. Accessory structures attached to a primary dwelling shall be subject to all standards of the underlying zoning district, except as noted in subsections C.6.c and d, below.

c. An accessory structure with a covered breezeway separating the accessory structure from a primary dwelling shall be considered a detached accessory structure.

d. Patio covers may be attached to the primary dwelling provided all other accessory structure regulations are met. Posts supporting a patio cover or open structure may be less than three feet from another structure.

7. Deviating from any standard in this section may be authorized upon approval of a conditional use permit.

8. Design standards and maintenance.

a. Accessory structures shall be designed to complement or match the appearance of the primary dwelling unit and be consistent with the residential character of the neighborhood. Colors, materials, roof form, windows, window trim and other architectural features shall complement or match those of the existing primary dwelling unit. Accessory structures shall be constructed using conventional construction methods and materials for accessory structures, including accessory structures commonly pre-manufactured or pre-fabricated for sale and use in residential settings.

b. An accessory structure shall be located and designed to not drain onto other property, and shall not be structurally attached to a property line fence.

c. Lighting affixed to an accessory structure shall be designed or shielded to not cause glare upon neighboring properties.

d. Accessory structures containing fuel-burning appurtenances shall be equipped with a spark arrestor when required by local and/or State fire codes.

e. Accessory structures shall be maintained in good repair, in conformance with LMC § 8.14.020H, and such that members of walls or posts or roof coverings, whether open or solid, or exterior sheathing shall not lean, list, buckle, or otherwise appear to fall or fail, due to defective materials or deterioration.

(Ord. 2082 § 2(P, Q), 2019; Ord. 2151 § 5, 2023; Ord. 2178, 7/14/2025)

A. Sloping lot height measurement. In any district on lots that slope, the maximum height of the structure shall be as set forth in the district and measured vertically from ground level at the front yard setback line, or if no yard is required, at the center of the lot.

B. Special architectural element heights. Subject to any other provisions of law, certain structures as listed below may be erected to a greater height than the limit established for the district in which such structure or use is located.

1. Allowed architectural elements.

a. Such as church spires, cupolas, dormers, chimneys and vents, when 25 feet from property lines and not more than 25% of the lot area.

b. Single poles or metal towers erected for the purpose of supporting aerials for radio transmission and receiving by licensed amateur radio operators.

c. Television and radio receiving antennas.

d. Flagpoles shall not exceed height limit set in the zoning district and are limited to a five-foot encroachment into the front setback and may not encroach into the side or rear setbacks.

2. Special architectural element regulations.

a. Non-residential.

b. Residential.

C. Airport, structures in proximity. Notwithstanding structural limitations found elsewhere in this code, nor exceptions to those height limitations found in this section, the height of structures located within 5,000 feet of any airport runway shall not exceed 40 feet.

D. Public and semi-public buildings. Public and semi-public buildings may be erected to a height not to exceed 75 feet with approval of a Conditional Use Permit, provided that the setbacks shall be increased one foot for each one foot of height that such building exceeds the height limit established in the zoning district.

A. For buildings within the Downtown Specific Plan (DSP) area. These regulations are subject to approval of a Site Plan and Design Review as described in LDC Chapter 9.07:

1. Parking requirements.

a. For projects listed in either the 2003 Downtown Specific Plan (DSP) historic resources inventory (with a rating of one to five) or under the provisions of the City's seismic hazard mitigation program:

(1) If a building is preserved, reinforces or is an addition to an existing structure, the requirements for parking shall be completely waived subject to the following requirements and findings:

(A) There is no significant visual deterioration of the historic features of the structure;

(B) All provisions of the Downtown Specific Plan are met; and

(C) In the case of additions to historic structures, the new addition does not negatively impact the historic nature of the structure.

(2) If a building is replaced with one that is exactly the same size and style:

(A) Permitted to continue any nonconforming lack of parking that it previously had.

(B) No new parking spaces would be required.

(C) All existing spaces must remain.

(D) If addition included, half of required parking for the additional square footage would need to be provided.

(E) Property owners who chose to replace their buildings without meeting these provisions would need to meet all of the required parking requirements for the new building.

B. For buildings in all City zoning districts except the DSP zoning district. These regulations are subject to Site Plan and Design Review as described in LDC Chapter 9.07:

1. For projects that preserve, reinforce, and add to an existing structure under the provisions of the City's seismic hazard mitigation program, permitted coverage or floor area ratios for the affected properties may be increased by up to 20% for additions to affected structures.

2. If an historic building is replaced with one that is exactly the same size and style, the approved replacement replica of the original building would be permitted to add square footage up to 10% over the maximum floor area ratio or coverage.

C. The provisions stated in subsections A and B of this section shall be administered by the zoning administrator with a site plan approval.

1. Applications requesting the incentives outlined in subsections A and B of this section shall be reviewed by the Historic Preservation Commission, which will make recommendations to the Director.

2. For projects proposing to modify or replace an existing structure, the State Office of the Architect or a comparable expert shall review the proposal to give expert historical advice on the architecture of the project.

3. In order to grant the incentives listed in subsections A and B of this section, the Director (with recommendations from the Historic Preservation Commission) must make the following findings:

a. The application is for a building listed on the City's list of unreinforced masonry structures.

b. The building has significant aesthetic, cultural, or historic value to the City.

c. Repairs costing at least 25% of the value of the building are required for the building under the provisions of the City's seismic hazard mitigation ordinance.

d. The proposed addition or replacement visually preserves the historical aspects of the structure.

e. The replacement structure accurately represents the most historically significant form of the demolished building (generally, the earliest clearly defined facades that the structure supported).

f. The proposed incentives that will be utilized will not significantly negatively impact adjacent properties.

The portions of this section in italics are repeated from the North Livermore Urban Growth Boundary Initiative and are not subject to amendment except by voter approval.

A. References, purpose and definitions.

1. The ordinance codified in this section, as amended from time to time, may be cited as the "transferable development credits ordinance" or the "TDC ordinance."

2. This section is adopted to implement the land use goals of the City as set forth in the North Livermore Urban Growth Boundary Initiative (initiative) and the City of Livermore 2003-2025 General Plan.

3. This section shall govern and control the allocation, transfer and use of development credits between North Livermore and the City. Any contradiction, inconsistency or ambiguity between the requirements of this section and any other provision of the Livermore Development Code (LDC) shall be governed and controlled by the requirements of this section. If not specifically covered in this section, the provisions of the LDC shall apply.

4. Purpose. The transferable development credits ordinance is designed to be part of a multiple-component approach to open space preservation. The purpose of this section is to protect the agricultural land and other valuable open space of North Livermore and other areas adjacent to Livermore from excessive and irremediably harmful development. This protection will:

a. Maintain existing agriculture and permit more intensive agriculture in North Livermore;

b. Preserve the natural qualities, wildlife, beauty, and peace of the open landscape, hills, and wetlands surrounding Livermore;

c. Prevent further sprawl by completing an urban growth boundary, which will direct permitted development to existing urbanized areas, thereby contributing to their vitality;

d. Reduce traffic congestion and hazard;

e. Limit air pollution and protect public health;

f. Avoid government expenditure of taxes for extended facilities and services;

g. Provide for outdoor recreation for residents of the area; and

h. Generally safeguard the special identity, heritage, and character of Livermore, and preserve the high quality of life in the City.

5. Definitions.

"Baseline density"

means the maximum density allowed in TDC receiving areas and TDC receiving zones when property owners choose not to use the TDC option. When property owners choose to use the TDC option, baseline density shall be calculated as the maximum density allowed under the range of densities in the baseline component of the TDC receiving area general plan designation.

"Baseline zoning"

means the zoning in effect on TDC receiving area parcels consistent with the baseline density of the parcels.

"North Livermore"

is the area bounded by the Livermore Urban Growth Boundary, the City of Dublin Sphere of Influence Boundary on June 30, 2002, the Alameda-Contra Costa Counties boundary, Vasco Road, and the north and east boundary of the Vasco-Laughlin Specific Plan area, east of Vasco Road, on June 11, 2001.

"Transferable development credits (TDCs)"

means the credits granted under the initiative that may only be used in compliance with the initiative and this section.

"TDC option"

means the general plan designation and LDC requirements that apply when owners of property in TDC receiving areas and TDC receiving zones apply to exceed baseline density in compliance with all requirements.

"TDC receiving area"

means a general plan classification that allows baseline uses and densities when property owners choose not to use the TDC option, but provides for higher-than-baseline density and alternative development regulations when property owners elect to use the TDC option.

"TDC receiving zone"

means a zoning district that allows baseline uses and densities when property owners choose not to use the TDC option, but provides for higher-than-baseline density and alternative development regulations when property owners elect to use the TDC option.

"TDC-retiring unit"

is a dwelling unit that qualifies to receive an allocation under the City's housing implementation program.

"TDC sending area"

is the North Livermore area described in the initiative and the 2003-2025 General Plan in which property owners can choose to record easements, create TDCs and transfer TDCs in compliance with this section.

B. TDC sending areas.

1. The TDC sending area includes all properties within North Livermore. Property owners may chose to participate in the program, even though their property has not been annexed to Livermore.

a. Transferable development credits shall be granted by the City to property owners in North Livermore, by rule in accordance with this section, in number and manner to accomplish the objectives of the North Livermore Urban Growth Boundary Initiative (hereafter, the "initiative"). The City Council shall grant credits on the following bases:

(1) One credit for each full five acres;

(2) 11 credits for an owner forgoing the right to create an additional parcel under the initiative;

(3) 10 credits for an owner forgoing the right to any dwelling units on a parcel, which forbearance shall also include the right to any dwelling units on one of the parcels resulting directly or indirectly from any permitted subdivision of that parcel;

(4) 12 credits for elimination of existing dwelling units and residential accessory structures on a parcel and for the owner forgoing the right to any dwelling units on that parcel, which forbearance shall also include the right to any dwelling units on one of the parcels resulting directly or indirectly from any permitted subdivision of that parcel.

(5) Duplicate credits may not be granted with respect to the same acreage or right forgone, regardless of changes in ownership. Credits given under subsections (B)(1)(a)(2), (3), or (4) of this section may be relinquished to the City prior to use or initial transfer and, if no gift is intended, the right to create a parcel, to build or rebuild as permitted by the ordinance regained and the corresponding easement conveyed under subsection (e) reconveyed. Credits given under subsection B.1.a(2) of this section may occur over time and credits may be granted under subsection B.1.a(2), (3), or (4) of this section at a later time than credits granted under subsection B.1.a(1) of this section on an individual parcel; provided, that duplicate credits are not granted.

b. Development credits cannot be used in the TDC sending area or in any manner not expressly allowed by this section.

c. Credits may be sold or purchased, or otherwise transferred or received, by any person including the City and other governmental entities. The City may use funds available for that purpose to buy credits, including a revolving fund replenished by the sale of credits. The City may buy and sell credits to establish and maintain an efficacious market for the credits, or to extinguish them. (Extinction of credits may be part of a more general City program to purchase development rights.)

d. Development credits may only be used within TDC receiving zones or to qualify development projects for housing allocations as regulated by this section.

e. As a precondition for the grant of development credits under subsection B.1 of this section, the owner shall convey an easement, which runs with the land, to the City and, if available, jointly to an independent land trust that meets the standards of Section 19 of the initiative. As provided in Section 19 of the initiative, the easement shall be negative only. If credits are granted under (a)(1) [of the initiative], the easement shall bar any future land division, development or use not permitted by initiative on the parcel where the acreage is located. If credits are granted for forgoing the right to create a parcel under (a)(2) [of the initiative], the easement shall relinquish that right permanently. If the credits are granted under (a)(3) or (a)(4) [of the initiative] for forgoing all dwelling units on a parcel, the easement shall relinquish the right to any dwelling units or any other development on the parcel, or on one of the parcels resulting directly or indirectly from any permitted subdivision of that parcel, except development under Section 12(2) [of the initiative] for agricultural use and under Section 12(3) [of the initiative] for the packaging, processing, storage or sale of produce or plants as set forth in the initiative. Easements shall be duly recorded in the county land records.

f. Credits shall not be granted and easements shall not be acquired for properties which are subject to other agricultural or open space easements or similar restrictions that have barred or forgone land division, development or uses substantially the same as that which would be barred or forgone as described in subsection B.1.e of this section. Conversely, credits may be granted and permanent easements acquired on land that has less restrictive easements.

2. The City shall establish appropriate means to inform persons about the development credits program and to facilitate transfer of credits from transferors to transferees. The City shall have procedures and requirements to ensure that it has accurate records of development credit grants, transfers and use. Administrative procedures shall include but not necessarily be limited to the following: application requirements, easement components, processing steps and documentation of credit issuance, transfer and redemption.

C. TDC receiving areas. TDC receiving areas are identified in the 2003-2025 General Plan or any subsequent general plan amendments that allow for new residential land use designations or increases in residential density. When properties are within specific plan areas, the specific plan for that area shall set forth TDC provisions, if any. TDC receiving area general plan designations establish baseline uses and densities. When properties are within specific plan areas, the specific plan for that area shall set forth TDC provisions, if any. Owners of land with a general plan designation of TDC receiving area who do not choose to exceed baseline density may decline the TDC option and continue to use their property in compliance with existing zoning. (See additional requirements in subsection E of this section regarding TDC receiving areas with industrial baseline zoning.)

Alternatively, owners of property with a TDC receiving area general plan designation may choose the TDC option and exceed baseline density when the zoning of their land has been changed to a TDC receiving zone and all requirements of that zoning district including the TDC requirements of subsection D of this section have been complied with. The three types of TDC receiving zones are set forth below.

1. TDC combining district. The TDC combining district is a zoning district that implements the provisions of a TDC receiving area general plan designation when a property owner chooses to use the TDC option.

a. Owners who elect not to use the TDC option shall comply with all use and development regulations that apply within the zoning district corresponding to the baseline classification of the TDC receiving area general plan designation.

b. Owners who elect to use the TDC option shall comply with all use and development regulations that apply within the zoning district corresponding to the TDC combining district of the TDC receiving area general plan designation as well as all other requirements of this section including the TDC requirements of subsection D of this section.

c. The TDC option is only available to developments that achieve the density range set forth in the corresponding TDC receiving area general plan designation.

2. Planned development district. Owners of property with a TDC receiving area general plan designation may use the TDC option by applying for a planned development district or PD see LDC Section 3.04.030 (Planned Development Zone). To use the TDC option, the PD shall incorporate all provisions of the corresponding TDC receiving area general plan designation and this section including, but not limited to, adherence to the residential density range called for in the general plan and compliance with the TDC requirements set forth in subsection D of this section.

3. Zoning districts incorporating TDC. When the City has created zoning districts that independently implement all provisions of a TDC receiving area, the zoning of a property within a corresponding TDC receiving area may be changed to that TDC receiving zone. Following the change of zoning, owners may decline to use the TDC option and continue to use the property under the baseline zoning and density set forth by the applicable TDC receiving zone. Alternatively, owners may choose to use the TDC option and exceed the baseline density in compliance with all regulations of the TDC receiving zone including the TDC requirements set forth in subsection D of this section.

D. TDC requirements.

1. To exceed baseline density in a TDC receiving zone, owners shall submit:

a. One and one-half TDCs for each single-family detached dwelling in excess of baseline density within a density range of one to seven dwelling units per acre (or one and one-quarter TDCs for each single-family detached dwelling in excess of baseline density for developments that have received final map approval by the City Council by June 1, 2013, and obtained building permits and start construction before April 1, 2014);

b. One and one-quarter TDC for each single-family detached dwelling in excess of baseline density within a density range of eight to 14 units per acre; and

c. One-half TDC for each multi-family attached dwelling in excess of baseline density; or

d. Payment of the TDC in lieu fee for each required TDC.

2. The TDC in lieu fee is contained in the City's fee schedule. The TDC in lieu fee shall be reviewed not less than bi-annually. The City Council may amend the TDC in lieu fee as necessary.

3. Revenues from TDC in lieu fees shall be used for the acquisition of TDCs from North Livermore. Other than TDC acquisition, revenue from TDC in lieu fees shall only be used for costs incurred in administering the TDC program including but not necessarily limited to facilitating TDC transactions, preparing/recording TDC easements, monitoring/enforcing easements and maintaining records. TDC in lieu fee revenues may be used to offset the administration costs incurred by the City and/or by a land trust authorized by the City to administer portions of the TDC program.

4. The City Council may, through adoption of a specific plan and implemented consistently by development agreement, make modifications to the transferable development credits regulations to meet the specific plan's density, design policies, and goals that are not inconsistent with the transferable development credit program.

E. Special requirements. TDC receiving areas with an industrial baseline classification in the TDC receiving area general plan designation shall not be rezoned as a TDC combining district unless all properties within the TDC receiving area are rezoned as a TDC combining district. After the TDC receiving area has been rezoned, an owner of property within this zone may elect to use either the baseline zoning or the TDC option on any single lot. If the first lot to be developed in this TDC receiving zone uses the residential TDC option, all future uses and structures on other lots within the TDC receiving area that are only allowed under the baseline industrial zoning shall be conditional uses and shall require approval of a Conditional Use Permit as provided under LDC Chapter 9.03. If the first lot to be developed in this TDC receiving area uses the industrial baseline zoning, future use of the residential TDC option on other lots within this TDC receiving area shall be conditional uses and shall require approval of a Conditional Use Permit as provided under LDC Chapter 9.03. The City Council shall place conditions on uses, site plans and building design as needed to maximize compatibility between industrial and residential developments pursuant to the findings required by LDC Chapter 9.03.

F. Satisfaction of TDC requirements.

1. When a final subdivision map would create an entitlement to exceed baseline density in a TDC receiving zone, submission of the required number of TDCs or payment of the corresponding TDC in lieu fee must be a condition of approval placed on the tentative map. This condition shall be satisfied prior to final map approval.

2. When site plan approval would create an entitlement to exceed baseline density in a TDC receiving zone, submission of the required number of TDCs or payment of the corresponding in lieu fee must be a condition of approval. This condition shall be satisfied prior to issuance of building permits.

3. City Council may, by resolution, adopt administrative guidelines to provide a special fee deferral program in response to unprecedented conditions such as extraordinary economic changes.

G. TDC requirements for affordable housing units. Housing units that are covered by an affordable housing agreement with the City shall be exempt from the TDC requirements. Affordable housing units may include very low- and low-income units provided under state law as implemented through LDC Section 6.02.030 (Density Bonuses), affordable units provided consistent with other general plan policies, or units provided consistent with the City's inclusionary housing requirements in LDC Chapter 10.06 (Affordable Housing).

H. Housing allocations for TDC-retiring units. A maximum of 2,000 allocations for TDC-retiring units shall be guaranteed between 2004 and 2016. An additional 1,200 allocations shall be guaranteed between 2017 and 2019. TDC-retiring units granted allocations are not required to participate in the City's annual, competitive HIP process but will be counted as part of the City's overall growth rate. Unused allocations for TDC-retiring units may be carried over into subsequent years beyond 2019.

1. All housing units (both within and in excess of baseline density) in a development approved to exceed baseline density in TDC receiving zones shall be TDC-retiring units and shall qualify for housing allocations. (As set forth in subsection C of this section, the TDC option is only available to developments that achieve the density range called for in the General Plan.)

2. Housing developments that do not need TDCs for density bonus shall qualify for housing allocations when the developer nevertheless submits:

a. One and one-half TDCs for each single-family detached dwelling in excess of baseline density within a density range of one to seven dwelling units per acre (or one and one-quarter TDCs for each single-family detached dwelling in excess of baseline density for developments that have received final map approval by the City Council by June 1, 2013, and obtained building permits and start construction before April 1, 2014);

b. One and one-quarter TDCs for each single-family detached dwelling in excess of baseline density within a density range of eight to 14 units per acre; and

c. One-half TDC for each multifamily attached dwelling in excess of baseline density; or

d. Payment of the TDC in-lieu fee for each required TDC.

I. Additional TDC program provisions.

1. The City Council or agencies authorized by the City Council to implement the TDC program may concentrate the use of funds under their control to prioritize TDC acquisitions in selected portions of North Livermore in order to achieve the overall goals of the North Livermore initiative.

2. The City may coordinate with a nonprofit organization to help in implementing the TDC program. Such assistance could include authorizing the nonprofit organization, under City Council direction, to hold and enforce easements, acquire and sell TDCs, create a registry of interested buyers/sellers, maintain records of transactions and advise the City of needed program refinements.

3. Either directly or through an authorized agency, the City may acquire TDCs using funding from settlement agreements, mitigation agreements, general fund, loans, grants and other sources appropriate for the acquisition of open space.

(Ord. 1947 § 3 (Exh. A), 2011; Ord. 1979 § 5, 2013; Ord. 2056 § 1 (Exh. A), 2017; Ord. 2151 § 7, 2023)

The City has adopted right-of-way plan lines for Interstate 580 for the purpose of protecting and preserving areas for regional transportation improvements such as Bay Area Rapid Transit (BART), high occupancy vehicle (HOV) lanes, and other future modal options. The amount of land necessary will vary according to the adopted I-580 plan lines.

Plan lines are the boundaries and limits of a planned right-of-way, including the future right-of-way of an existing transportation corridor as it is proposed to be widened. These lines also include all lands necessary for the building, widening, or maintenance of any road, street, highway, or any other type of public way, which planned right-of-way is based on the General Plan of Livermore.

A. Except as identified in subsection B of this section and specifically identified in the General Plan, the following grading activities are permitted:

1. The on-site filling, movement, excavation or removal of materials for construction activities for which a zoning or subdivision entitlement has been granted and where the environmental document prepared in accordance with the California Environmental Quality Act (CEQA) adequately evaluates the proposed activity.

2. Any excavation less than 10 feet in depth to be held in place by support structures such as foundations, and swimming pools.

3. Any excavation less than five feet in depth either having finished slope less than one and one-half horizontal to one vertical, or held in place by support structures such as a retaining wall.

4. Any fill either less than two feet in height with a slope less than five horizontal to one vertical, or less than 200 cubic yards.

5. Excavations by any public agency or public utility for the installation, operation, inspection, repair, or replacement of any of its facilities.

6. Emergency work authorized by the City necessary to protect life, limb or property.

7. Farming activities.

B. The following grading activities are subject to the issuance of a Conditional Use Permit in compliance with LDC Chapter 9.03 (Conditional Use Permits and Zoning Use Permits):

1. Any activity not permitted by subsection A of this section.

2. Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate, soil or clay for commercial purposes unrelated to development of the subject property.

3. Any grading activity either within a flood hazard zone established by the Federal Emergency Management Agency or within 150 feet of the top of the bank of any creek, arroyo or drainage channel.

4. Any activity on a site not authorized by a construction project where significant vegetation will be removed. For the purposes of this section, "significant vegetation" consists of any plant where the diameter of a trunk is six or more inches, four feet above the grade.

C. Grading of any parcel of land for a permitted use where no bank is left standing and exposed of more than 10 feet in vertical height, or when less than 1,000 cubic yards of earth are removed from the premises, is permitted in all districts.

D. Grading in a subdivision which has been approved by the City in accordance with Part 10 (Subdivisions) is permitted in all districts.

E. Excavations by any public agency or public utility for the installation, operation, inspection, repair, or replacement of any of its facilities are permitted in all districts.

F. No provision of this section shall be construed as permitting any ground excavation in any district for the purpose of conducting commercial sand, rock, and gravel by-product operations.

(Ord. 1913 § 1, 2010)

A. Applicability. All new on-site utilities for new construction projects shall be located underground. New and existing aboveground utilities located in the abutting street right-of-way shall be located underground for any of the following projects:

1. Subdivision of nonresidential-zoned land, including condominiums and condominium conversions;

2. New construction of buildings for nonresidential use on vacant sites or on developed sites where existing buildings will be completely demolished for redevelopment;

3. Additions to nonresidential buildings where the addition is 10,000 square feet or more in floor area and amounts to 50% or more of the floor area of the existing building;

4. Partial reconstruction of existing nonresidential buildings where the reconstructed portion of the building is 10,000 square feet or more in floor area and amounts to 50% or more of the floor area of the existing building;

5. Residential projects of five or more units, including single-family residential subdivisions, single-family residential developments, multiple-family residential developments, new condominiums and condominium conversions;

6. Installation of and modifications to utilities.

B. Payment Option.

1. If a property owner is required to underground utilities under subsection A of this section, the property owner may instead pay for the cost of undergrounding utilities if one or more of the following circumstances apply:

a. There would be no net decrease in utility poles required to support existing aboveground facilities after undergrounding was accomplished. This eligibility criterion shall not apply to projects in which the number of poles is not decreased because the remaining poles are required to support high voltage electrical lines (60 kV or higher);

b. A project has been identified in a City capital improvement program (CIP), adjacent to the development, for design or construction within the next five years and it is more economical to combine the undergrounding work with the City CIP project;

c. The project site is one acre or less in area;

d. The cost of undergrounding aboveground utilities would be more than 10% of the total site development cost.

2. A property owner requesting the payment option shall submit a written request to the City Engineer. The City Engineer shall determine whether the project is eligible for the payment option and the reasonable amount of payment following the procedures of subsection B.3 of this section.

3. If the City Engineer determines that the property owner is eligible for the payment option, then the property owner shall submit a cost estimate for the undergrounding of utilities. The cost estimate shall be based on a project large enough in scope for Pacific Gas and Electric Company (PG&E) to approve it and sufficient in detail to demonstrate the full extent of the work required. Supporting calculations shall be provided. The cost estimate shall show the total cost of the larger PG&E project and the property owner's fair share of the total project cost, which shall be based primarily on the length of utility lines along the frontage of the project site relative to the total length of utility lines of the larger PG&E project area, plus other conditions including, but not limited to, the number of service connections and the location of poles and transformers. The cost estimate and supporting calculations shall be prepared by an electrical engineer, registered in the State of California and qualified to provide underground design services.

4. Payment shall be made at the time of building permit issuance.

5. If the City Engineer determines a hardship exists, a property owner may pay for the cost of undergrounding after the time a building permit is issued. Before the building permit is issued, the property owner shall enter into a written agreement with the City and record the agreement with the Alameda County recorder with the following contents. The agreement shall be signed by the property owner and shall include the following provisions, in a form prepared by the City Attorney:

a. A legal description of the property;

b. A provision that the agreement runs with the land and is enforceable against successors in interest;

c. The agreement shall be recorded in the grantor-grantee index in the name of the City as grantee and in the name of the property owner as grantor;

d. A provision that the property owner shall pay the fee within five years;

e. A provision that the amount of the fee due will be the amount due on the date of the agreement plus a periodic increase based on the Engineering News Record (ENR) 20-City Construction Cost Index; and

f. A requirement that, with the opening of any escrow for the sale of the property, the property owner provide appropriate notification and escrow instructions that the fee be paid to the City from the sale proceeds in escrow before disbursing proceeds to the seller.

6. When the obligation is paid in full, the City shall record a release of the obligation.

7. The Director is authorized to sign the agreement and the release of obligation under subsections B.5 and 6 of this section.

8. The City shall deposit the payments received under subsections B.4 and 5 of this section in a separate fund, which shall be used only for utility undergrounding projects in the City.

C. The City Engineer shall have the authority to waive the undergrounding requirements of this section for the following facilities, uses or conditions:

1. Temporary and intermittent uses, as defined in LDC Part 12 (Definitions), subject to removal of all utilities serving the temporary or intermittent use after termination of said use;

2. Transformers, terminal boxes, meter cabinets and similar appurtenant utility facilities;

3. Sites where undergrounding is impractical because of topography, soil conditions, or other extraordinary physical constraints.

D. Any person aggrieved by a decision of the Director, City Engineer, Planning Commission, or other administrative official in the administration or enforcement of this section may appeal the decision in accordance with the procedures set forth in LDC Chapter 9.15 (Appeals).

(Ord. 1913 § 2, 2010; Ord. 2178, 7/14/2025)

LDC § 4.03.010. Purpose.

The purpose of this chapter is to identify the frontage types allowed, and for each type, provide a description, a statement as to the type's intent and design standards, to ensure that proposed development is consistent with the City's goals for building form, character, and quality.

LDC § 4.03.020. Applicability.

These standards are applicable to any frontage within a Transect zone.

LDC § 4.03.030. Porch: Projecting.

Key