Objective ED-3.2 of the Economic Development and Fiscal Element of the 2003-2025 General Plan is to "ensure that development pays its fair share of public services, equipment, and facilities necessary to serve that development." This includes developing and maintaining an adequate level of public services in pedestrian, bicycle and related transportation facilities as well as in parks, recreational and cultural facilities. This part of the general plan provides that the City should recover the direct and indirect costs of providing services and facilities supporting development through a combination of fees, exactions and dedications.
Objectives CIR-3.3 and -3.4 of the Circulation Element of the 2003-2025 General Plan provide that the City should "provide a bicycle and trails network" and "provide a pedestrian network that encourages walking for transportation and recreation." The circulation element is based in part upon the Livermore Bicycle, Pedestrian, and Trails Active Transportation Plan. The master plan and the implementing Livermore Bicycle, Pedestrian, and Trails Active Transportation Plan Design Guidelines provide a recommended network of multi-use trails throughout the City and spell out the size and type of improvements required for these trails to be constructed.
The Downtown Specific Plan provides that "all new developments located on parcels backing onto the South Pacific right-of-way shall be required to provide a 20-foot dedication south of the existing right-of-way to be reserved for the Iron Horse Multi-Use Trail. Developments shall be required to provide improvements to the trail."
The South Livermore Valley Specific Plan provides for a multi-use trail system. (See Section 5.6.2.)
The purpose of this chapter is to meet the Council's policies found in the 2003-2025 General Plan, the Downtown Specific Plan, the South Livermore Valley Specific Plan, the Livermore Bicycle, Pedestrian, and Trails Active Transportation Plan and the Livermore Bicycle, Pedestrian, and Trails Active Transportation Plan Design Guidelines, regarding trail facilities in the City. It is the City's policy, expressed in these documents, that new development contribute its fair share of trail land and improvements needed to accommodate that development.
In adopting this chapter, the City Council has considered the impacts on trail facilities from new residential and nonresidential development in the City. Trail facilities provided by the dedications will provide a citywide network of services accessible to the additional residents and employees associated with new development. Thus, there is a reasonable relationship between the use of trail facilities dedicated and the residential and nonresidential types of new development that would dedicate them.
(Ord. 1745 § 1, 2004; Ord. 2065 § 1(A), 2018; Ord. 2071 § 1, 2018)
A. 
Applicability. This chapter applies to any property proposed for development where a trail is shown or indicated on or adjacent to that property in the 2003 General Plan, the Downtown Specific Plan, or the Livermore Bicycle, Pedestrian, and Trails Active Transportation Plan. The trail dedication and improvement requirement applies to any new residential or nonresidential development.
B. 
Exemptions. The following projects are exempt, in whole or in part, from the trail dedication and improvements otherwise required by this chapter:
1. 
Temporary Uses. Temporary uses less than 12 months in duration. No extension of time shall be permitted;
2. 
Schools. Private and public preschools, and elementary and secondary schools;
3. 
Repair or Replacement. Commercial, industrial or residential development consisting of the repair or replacement of structures on the same site within one year, as long as the repair or replacement does not result in any conversion or change in use which increases the number of residents or employees;
4. 
Minor Additions. Additions, extensions or enlargements of an existing commercial or industrial structure which, in any one calendar year, increase the gross floor area of such structure by 200 square feet or less;
5. 
Parking. Parking structures;
6. 
Certain Care Facilities. Assisted living, convalescent care, skilled nursing, and dementia care facilities.
(Ord. 1745 § 1, 2004; Ord. 2071 § 1, 2018)
A. 
Dedication. Where a trail facility is designated in the 2003-2025 General Plan, Downtown Specific Plan, South Livermore Valley Specific Plan, or Livermore Bicycle, Pedestrian, and Trails Active Transportation Plan to be located in whole or part within a proposed development, the developer is required to dedicate the land for a multi-use trail. The land shall include the right-of-way required in the Livermore Bicycle, Pedestrian, and Trails Active Transportation Plan Design Guidelines, or other applicable plan.
All trail land shall be dedicated free and clear of all liens and encumbrances to the City of Livermore or Livermore Area Recreation and Park District (LARPD), as determined by the city engineer.
B. 
Improvements. The developer shall provide complete multi-use trail improvements as designated in the Livermore Bicycle, Pedestrian, and Trails Active Transportation Plan Design Guidelines or LARPD's Standard Specifications (July, 2003) and Standard Details (July, 2003). Such improvements may include, but are not limited to, landscaping, irrigation, fences, bollards, gates, asphalt paving pathways, decomposed granite pathways and fencing along the property line of the property contiguous to the dedicated land.
(Ord. 1745 § 1, 2004; Ord. 2065 § 1(A), 2018; Ord. 2071 § 1, 2018)
A developer who dedicates land or makes trail improvements, or both, under this chapter may be eligible for some credit under LMC § 12.60.070, park facilities fee.
(Ord. 1745 § 1, 2004)
A person who wishes to appeal the trails requirements of this chapter may do so by filing a timely appeal of the condition of approval when it is first imposed by the City, or under the protest procedures provided in Government Code Section 66020. A developer who offers trail dedication and improvement as part of an application under the City's housing implementation program may not challenge or withdraw that offer without first amending any approval received under that program.
(Ord. 1745 § 1, 2004; Ord. 2065 § 1(A), 2018)