Agenda Item
Meeting Date:
12/10/2019 - 7:00 PM  
Category:
CONSENT ITEMS - RESOLUTIONS  
Type:
Action  
Subject:
14.3 Resolution No. 026-19/20, Exemption of the East Avenue Middle School Renovation Project from the City of Livermore Zoning Ordinances  
:
 
Attachment Summary:
 
File Attachment:
Reso - Zoning Exemption East Ave.pdf
 
Quick Summary / Abstract:
Staff is bringing forward a recommendation for Board of Trustees' exemption of the East Avenue Middle School Renovation Project (Project) from the City of Livermore’s Development Code and entitlement requirements. Requires two-thirds' vote of entire Board.  
Background:
On October 3, 2017, the Livermore Valley Joint Unified School District (District) approved the East Avenue Middle School Renovation Project. Livermore’s Development Code identifies public schools in the E Zone as a permitted use. (§ 3.03.160(G).) It also imposes a Site Plan and Design Review upon all public-supported institutions, subject to Government Code section 53091, which generally requires local agencies to comply with municipal zoning ordinances. (Livermore Development Code, § 3.03.160(F).)

Per Government Code section 53094, the California Legislature has authorized school districts to exempt their projects from local zoning ordinances for educational facilities. Since the City of Livermore has an adopted general plan and its Development Code provides for the location of public schools, per Government Code section 53094(b), the District must adopt a resolution by a two-thirds’ vote of our Board members to exempt the Project from the City’s zoning ordinances and entitlement requirements.

Section 53094’s requirement for compliance with Government Code section 65352.2 and Public Resources Code section 21151.2 are not applicable here since the Project is neither a new school site nor an expansion of an existing school site, as the Project is entirely contained within the school’s existing campus.

Due to the construction schedule of the Project, unless exempted from the City of Livermore’s zoning ordinances and entitlement requirements, the Project would be subject to undue delay that would likely significantly hamper, interfere with, or jeopardize the viability of the Project.
 
Status:
If Resolution No. 026-19/20 is adopted, Government Code section 53094(c) requires our Board to notify the City of Livermore within ten days. The resolution was prepared under the guidance of District legal counsel and the City of Livermore has been notified of and supports this potential action.  
Fiscal Impact:
This resolution does not cause a fiscal impact.  
Superintendent's Recommendation
The Superintendent's recommendation is that our Board of Trustees approve Resolution No. 026-19/20, Exemption of the East Avenue Middle School Renovation Project from the City of Livermore Zoning Ordinances.  
Approvals:
Recommended By:
Signed By:
Kim McNeely - Bond Program Director
Signed By:  
Kelly Bowers, Ed.D. - Superintendent
 
Vote Results:

Original Motion
Member Chuck Rogge Moved, Member Emily Prusso seconded to approve the Original motion 'The Superintendent's recommendation is that our Board of Trustees approve Resolution No. 026-19/20, Exemption of the East Avenue Middle School Renovation Project from the City of Livermore Zoning Ordinances.'. Upon a Roll-Call Vote being taken, the vote was: Aye: 5 Nay: 0.
The motion Carried 5 - 0
   
Craig Bueno     Yes
Chuck Rogge     Yes
Chris Wenzel     Yes
Anne White     Yes
Emily Prusso     Yes