Agenda packet — Livermore City Council, February 24, 2025 (part 3 of 3)

themselves are located about 20 feet laterally from the parking areas across the street. There are no street lights on Collier Canyon Road. On Doolan Road, there are sidewalks for employees to walk to and from their cars, but on the east side of the street. On Collier Canyon Road there are no sidewalks.

In TJKM’s surveys, it was observed that there is a very active private security force patrolling the area within and near Parkwest Casino 580. The security people are monitoring both on- and off- site parking to insure that parkers and their vehicles are safe.

Parking Observations
In order to determine how parking conditions changed since TJKM’s previous detailed observations during December 2015 and January 2016, TJKM was tasked with making new parking counts. Unfortunately, due to the Corona Virus outbreak, Parkwest Casino 580 was closed down in Mid-March of 2020 before the parking observations could be made. Instead, TJKM utilized in-house parking observations made over a several month period in 2018 and 2019. TJKM had intended to make separate counts to validate the in-house counts.

Upon inspection, it was found that the characteristics and patterns of the new counts appeared identical to the earlier TJKM counts. In the 3.5 year period between the TJKM counts and the in- house counts, parking demand grew about 10 to 12 percent, or about three percent per year.

TJKM is of the opinion that the in-house counts are reliable and representative of actual conditions.

The earlier TJKM counts were conducted four times a day over a seven week period, with a total of about 200 observations. The in-house counts were conducted hourly, 24/7, for the months of October, November and December 2018 and from April to November in 2019. Parking observations during this time period occurred over 245 days for a total of over 5,800 hourly observations. Each parking observation included both on-site and off-site parking. It is the intent to provide sufficient on-site parking to satisfy the total parking demand for the expanded facility.

There is one other business on-site occupying about one quarter of the 42,000 square foot building and sharing the parking lot. The business sells and maintains motorcycles and has a relatively low parking demand. In addition to its internal garage, there are about 14 parking stalls marked for use from 9 a.m. to 6 p.m. on weekdays. The rest of the time, the stalls are available for the casino. The in-house counts that were made included the parked vehicles related to this business. This business will remain in the after condition.

TJKM’s earlier observations also included head counts of casino occupants at the same time as cars counts were made in order to estimate average auto occupancy. The calculated occupancies ranged from about 1.1 to 1.3 persons per vehicle. This statistic was less informative than the actual counts of parked cars.

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John Park
June 26, 2020

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Table 1 demonstrate the variation of parked vehicles by time of day. Parkwest Casino 580 is open 24 hours daily, except for closures on Mondays from 2 to 11 a.m. The two days reflected on this chart – Friday October 25, 2019 and the next day Saturday October 26, 2019 were the two busiest days in the last month of counts that are available. In that sense, they would approximate the counts that might have been made by TJKM about four months later. Fridays and Saturdays are typically the two busiest days of the week; in most weeks Sunday is the third highest. On Fridays, the counts peak after 9 p.m. and continue past midnight.

Table 1: Hourly Variations in Parked Vehicles on a Friday and Saturday Table 2: Summary of Hours Exceeding 220 Parked Vehicles Month Days
Hours
>220
Vehicles
Highest
No.
of Vehicles
Details of 220 Vehicle Exceedances
Oct. 2018 15 0 217
Nov. 2018 30 1 225 Nov. 9
Dec. 2018 2 0 212
Apr. 2019 5 0 203
May 2019 31 0 220
June 2019 30 0 215
July 2019 31 21 236 7/15: 6 times, 7/16: 6 times, 7/17: 1 time, 7/18: 1 time, 7/23: 3 times, 7/30: 4 times
Aug. 2019 31 1 223 Aug. 8
Sept. 2019 30 0 219
Oct. 2019 31 1 225 Oct. 21
Nov. 2019 9 0 203
Total 245 24 -
0 20
40 60
80 100
120
140
160
180
200
220
1 2 123456789 1 0 1 1 1 2 123456789 1 0 1 1
AM PM
TotalSpacesOccupied(Cars)
Friday,October25,2019 Saturday,October26,2019

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John Park
June 26, 2020

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TJKM reviewed the hourly spreadsheets for all 245 days in which parking observations were made. Most days had no hours with more than 200 parked vehicles, some had between 200 and 220 parked vehicles. Table 2 shows the highest observed hour during each of the observed months. There were only 24 single hours during the 245 days of observations in which there were more than 220 parked vehicles. Interestingly, all but three of those hours occurred in the last two weeks of June 2019, and half of them were in two consecutive days. The use of 220 parked cars as a current upper limit results in this number of parked vehicles being exceeded only 0.4 percent of the time.

Potential Parking Capacity Increases
The proposed expansion of the Parkwest Casino 580 facility provides for additional gambling tables and also provides an increase in space for the bar and restaurant and for the stage area that provides an internal venue for periodic entertainment of the gamblers. These facilities are all intended for use by gambling patrons and are not for the use of outsiders. Therefore, the increase in attendance at the facility is expected to be directly proportional to the increase in gambling tables.

The facility is currently allowed to occupy 10 gambling tables at a time. The facility intends to increase the legally usable gambling tables from 10 to 16. Of the six increased tables, three would be used as VIP tables, only accommodating two or three gamblers per table instead of the typical eight to ten per table. The VIP tables would accommodate a maximum of five people, including staffing. Given the current peak parking demand of 220 vehicles, this amounts to 22 parked vehicles per active gambling table, which includes gamblers and the Parkwest Casino 580 support staff. The 22 stall parking demand represents roughly double the number of actual people at each table.

To project future demand for the six added gambling tables, TJKM considers three standard tables each generating demand for 22 parking stalls and three VIP tables, each generating demand for 10 parking stalls. The total added demand is 3 x 22 + 3 x 10 = 96 parking spaces.

When added to the peak demand of 220 stalls, this yields a combined demand of 316 parking stalls. It should be emphasized that this is a very conservative number which should be exceeded less than one-half percent of the hours of operation.

The proposed expanded parking facilities will hold a total of 35 vehicles in the existing and new parking areas. This leaves a surplus of 3 parking stalls, an excess of 1 percent.

Site Circulation
The entrance to the new parking lot is an existing signalized intersection on N. Canyons Parkway, approximately midway between Airway Boulevard and Doolan Road. At the present time, essentially all arriving and departing traffic uses Airway Boulevard to access the I-580 freeway, so the signalized entrance to the new parking lot will be heavily utilized. In addition, the two existing site driveways will remain – the existing main entrance on Doolan Road and the

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John Park
June 26, 2020

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existing right in/ right out driveway near the east end of the building. This driveway will be used primarily for exiting traffic in the future.

The cities of Livermore and Dublin and the County of Alameda are planning to connect North Canyons Parkway in Livermore with Dublin Boulevard in Dublin. This roadway is currently being designed and should be constructed and open within about five years, pending final financing.

The signalized access point will be helpful when traffic increases on N. Canyons Parkway.

For on-site circulation, DIXWXUH VIP entrance to the building is expected to be DGGHGat a new location on the south (freeway) side of the building, supplementing the existing entrance near the Doolan Road driveway. The new VIP entrance is being considered and will be finalized as part of any Casino remodel/upgrades. Both entrances would be accessible for patrons and staff utilizing both existing and new parking facilities. ,QWKHQHDUWHUPRQO\WKHH[LVWLQJZHVW HQWUDQFHZLOOEHDYDLODEOH
Summarizing:
x The Parkwest Casino 580 facility has a strong history of measuring and recording recent parking activity in which parking lot counts have been made hourly 24/7 for 245 days. x The peak parking demand at the facility is 220 parked vehicles. This number was only exceeded in 24 individual hours during the 245 survey days, or 0.4 percent of the time. x The expanded facility will generate an additional parking demand of 96 parking spaces, bringing the total demand to 316 parking stalls, under absolute peak conditions. x The combined capacity of the existing and new parking lots is 35 parking stalls, leaving a surplus of 3 parking stalls during peak conditions.
x The expanded facilities will have excellent automobile access to the parking areas and excellent pedestrian access to the building itself.

Please contact me if there are questions about this material.

Very truly yours,
Chris D. Kinzel, P.E.

Vice President
Attachment: Proposed site plan

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“Provide a safe and reliable transportation network that serves all people and respects the environment.” DISTRICT 4

OFFICE OF REGIONAL AND COMMUNITY PLANNING
P.O. BOX 23660, MS–10D | OAKLAND, CA 94623-0660
www.dot.ca.gov
December 4, 2024 SCH #: 2024110526
GTS #: 34620
GTS ID: 04-ALA-2024-00874
Co/Rt/Pm: ALA/580/15.25
Ashley Vera, Senior Planner
City of Livermore
1052 S. Livermore Avenue
Livermore, CA 94550
Re: Parkwest Casino 580 Expansion Project
Mitigated Negative Declaration (MND)
Dear Ashley Vera:

Thank you for including the California Department of Transportation (Caltrans) in the environmental review process for the Parkwest Casino 580 Expansion Project. The Local Development Review (LDR) Program reviews land use projects and plans to ensure consistency with our mission and state planning priorities. The following comments are based on our review of the November 2024 MND.

Please note this correspondence does not indicate an official position by Caltrans on this project and is for informational purposes only.

Project Understanding
The proposed project would add a new surface parking lot with 230 parking spaces located east of the existing casino. The new parking lot would include 178 standard stalls, 26 electric vehicle (EV) capable spaces, 26 EV charging stations, and racks for up to 36 bicycles. Access to the parking lot would be provided by existing driveways on Doolan Road and North Canyons Parkway, as well as a new driveway from North Canyons Parkway, at the northeast corner of the project site. The proposed project would also include off-site improvements along North Canyons Parkway, including the development of a new Class IV bike lane with a landscaped buffer, restriping of traffic lanes, and shifting the existing bus turnout and bus shelter pad to the north. The proposed project is directly adjacent to Interstate (I)-580.

Project Coordination
This project is within the limits of a Caltrans project known internally as EA 0Q30U. The project will construct express lanes, rehabilitate the pavement, and upgrade highway-

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Ashley Vera, Senior Planner
December 4, 2024

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“Provide a safe and reliable transportation network that serves all people and respects the environment.” related features along southbound I-680 from 0.4 miles south of Calaveras Rd Undercrossing in Alameda County and 1.1 miles north of Alcosta Blvd Overcrossing in Contra Costa County. The project is under construction with major highway work to be completed in December 2025. This project has the following subprojects:

1.EA 2X490 is a Toll System Integration Installation project funded and administered by Alameda County Transportation Commission (Alameda CTC). This project will start the design phase in January 2025 and construction in Summer 2025.

2.EA 0Q303 is a Planting Mitigation project funded by Alameda CTC, with Caltrans managing the construction phase. This project will start the design phase in January 2025 and construction in Summer 2026.

Please provide any project plans and other technical documents when they are available for Caltrans review.

Hydrology
Please provide the flow rate at the outfall of the bio-treatment planters (Outfall Q)and clarify where the bio-treatment planters outfall to, as there are concerns that the outfall may tie to the State Drainage System.. If the bio-treatment planters are tied to a State drain, further mitigation measures may be needed. Please see the attachment at the end of this letter for known drainage facilities in the area.

Construction-Related Impacts
Project work that requires movement of oversized or excessive load vehicles on State roadways requires a transportation permit that is issued by Caltrans. To apply, please visit Caltrans Transportation Permits (link).Prior to construction, coordination may be required with Caltrans to develop a Transportation Management Plan (TMP) to reduce construction traffic impacts to the State Transportation Network (STN).

Equitable Access
If any Caltrans facilities are impacted by the project, those facilities must meet American Disabilities Act (ADA) Standards after project completion. As well, the project must maintain bicycle and pedestrian access during construction. These access considerations support Caltrans’ equity mission to provide a safe, sustainable, and equitable transportation network for all users.

Encroachment Permit
Please be advised that any permanent work or temporary traffic control that encroaches onto Caltrans’ Right of Way (ROW) requires a Caltrans-issued encroachment permit.

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Ashley Vera, Senior Planner
December 4, 2024

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“Provide a safe and reliable transportation network that serves all people and respects the environment.” The Office of Encroachment Permit requires 100% complete design plans and supporting documents to review and circulate the permit application package. The review and approval of encroachment projects is managed through the Encroachment Permits Office Process (EPOP) or the Project Delivery Quality Management Assessment Process (QMAP), depending on project scope, complexity, and completeness of the application. Please use the following resources to determine the appropriate review process:
- TR-0416 Applicant’s Checklist ( link)
- Flowchart, Figure 1.2 in Chapter 100 – The Permit Function, Caltrans Encroachment Permit Manual (link)
The permit approval may take 30 days to 6 months or more depending on the project scope, size, complexity, completeness, compliance with policies and quality of the permit package submitted. Projects requiring exceptions to design standards or external agency approvals may need more time to process.

To obtainmore information and download the permit application, please visit Caltrans Encroachment Permits (link). When the applicant is ready to pursue a Caltrans encroachment permit, please contact [email protected] to initiate the process.

Thank you again for including Caltrans in the environmental review process. Should you have any questions regarding this letter, please contact Melissa Hernandez, Associate Transportation Planner via [email protected].

For future early coordination opportunities or project referrals, please visit Caltrans LDR website (link) or contact [email protected].

Sincerely,
Marley Mathews
Acting Branch Chief, Local Development Review
Office of Regional and Community Planning
c: State Clearinghouse

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PARKWEST CASINO 580 EXPANSION PROJECT

RESPONSES TO PUBLIC COMMENTS ON THE INITIAL STUDY/MITIGATED

NEGATIVE DECLARATION
This Responses to Comments document contains comments received during the public review period for the Parkwest Casino 580 Expansion Project (proposed project) Initial Study/Mitigated Negative Declaration (IS/MND). The City of Livermore, as lead agency, released the IS/MND for public review beginning on November 15, 2024 and ending on December 4, 2024, pursuant to CEQA Guidelines Section 15105.

Acc
ording to CEQA Guidelines Sections 15073 and 15074, the lead agency must consider the comments received during consultation and review periods together with the IS/MND . However, unlike with an Environmental Impact Report (EIR), comments received on an IS/MND are not required to be attached to the negative declaration, nor must the lead agency make specific written responses to public agencies. Nonetheless, the lead agency has chosen to provide responses to those specific public comments that are related to the environmental analysis contained in the IS/MND.

COMMENTS AND RESPONSES
The C
ity of Livermore receiv ed one comment letter from the California Department of Transportation (Caltrans) during the open comment period on the IS/MND for the proposed project. The following section includes the letter received in addition to responses to each of the comments within the letter, insofar as the comments address environmental topics. The environmental-related comments within the letter are bracketed with assigned comment numbers.

The bracketed comment letter is followed by numbered responses corresponding to each bracketed comment. Where revisions to the IS/MND text are required in response to a comment, new text is double underlined and deleted text is struck through.

EXHIBIT D
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Letter 1

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532
Letter 1
Cont’d
1-1

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Letter 1
Cont’d

EXHIBIT D
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Letter 1
Cont’d

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LETTER 1: CALIFORNIA DEPARTMENT OF TRANSPORTATION, DECEMBER 4, 2024

Response to Comment 1-1

In response to the comment, the project applicant has modified project plans to avoid all California Department of Transportation (Caltrans) right-of-way, easements, and infrastructure. The layout of the proposed project has shifted slightly, but the number of parking stalls would remain unchanged.

The proposed project’s storm drain infrastructure would connect to the City’s existing storm drain that travels through the project site. Therefore, Figure 3 and Figure 4 of the IS/MND have been replaced with those shown at the end of this document.

The last two paragraphs of page 8 of the IS/MND are hereby revised as follows:

A landscape area planted with hydroseed grass would be located north of the proposed parking lot expansion and smaller landscape islands would be located throughout the parking lot. Three One bioretention planter s would be located along the center and southwest corner of the parking lot. Concrete pavement would be located along the eastern border of the large landscape area and three concrete islands would be located within the parking lot.

The proposed project would include approximately 2.72 2. 404 gross acres of new
impervious surfaces as part of development of the parking lot. The project site would be divided into two consist of one drainage management areas (DMAs).

The first paragraph of page 12 of the IS/MND is hereby revised as follows:

Stormwater runoff from the new impervious surfaces within the DMAs would be directed to the three on-site bioretention planters, with two located within DMA 1 as part of Treatment Control Measure (TCM) 1, and one located within DMA 2 as part of TCM 2. (see Figure 4).

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The City of Livermore has adopted the Alameda County C.3 Stormwater Standards, which require new development and redevelopment projects that create or alter 10,000 or more square feet (sf) of impervious area to contain and treat all stormwater runoff from the project site. A total of approximately 118,506 104,734 sf of new impervious surfaces would exist on-site following implementation of the proposed project. Thus, the project would be subject to the requirements of the C.3 Stormwater Standards related to stormwater treatment, which are included in the City’s NPDES General Permit.

Stormwater runoff within the project site would flow to three a bioret ention planters located within the parking lot that would provide treatment and detention of the on-site stormwater runoff. In addition, the project would include various other landscaping elements that would allow for stormwater infiltration. The bio- treatment planters consists primarily of pervious landscaping, allowing for stormwater to infiltrate underlying soils. The proposed project would also include an approximately 0.45- acre landscaped self-treatment area located in the eastern portion of the project site.

Each of the The b
io-treatment planters would be sized to adequately handle all runoff from the proposed impervious surfaces and landscaping within the project site. Thus, the proposed project would comply with the requirements of the SWRCB and the Regional

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Water Quality Control Board (RWQCB), and would meet C.3 Standards related to stormwater treatment. During operation, the project would comply with all relevant water quality standards and waste discharge requirements, and would not degrade water quality.

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Project development would result in an increase in on- site impervious surfaces, which would reduce the infiltration of groundwater as compared to existing conditions. However, approximately 2.02 2.01 acres, or approximately 42 percent of the site, would remain as pervious surfaces, which would allow for the natural percolation of stormwater in those areas, which would continue to contribute to groundwater recharge similar to existing conditions. Furthermore, the proposed project would include the development of three an on-site bioretention planter s, which would allow for the on- site infiltration of surface water to continue, and contribute to groundwater recharge. Therefore, the proposed project would not interfere substantially with groundwater recharge on- site or interfere with groundwater recharge in the area.

Based
on the above, the proposed project would not substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the Livermore-Amador Valley Groundwater Basin. In addition, the project would not conflict with or obstruct implementation of a water quality control plan or the 2005 GMP. Thus, a less-than-significant impact would occur.

c.i-iii. A total of approximately 118
,506 104,734 sf of new impervious surfaces would
exist on- site following implementation of the proposed project. As discussed above, the proposed project would be subject to the County C.3 Standards related to stormwater.

Storm water runoff within the project site would flow to three a bioret ention planters located in the proposed parking lot that would provide treatment and retention of the on-site stormwater runoff. As shown above in Figure 4, the total treatment area on-site would be equal to new impervious area plus 10 percent of the landscaped area, as required by the County C.3 Stormwater Standards.

Thus, adequate storage would be provided on-site.

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Fig
ure 1
Site Plan

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Fig
ure 2
Preliminary Stormwater Quality Control Plan

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INTRODUCTION
Section 15097 of the California Environmental Quality Act (CEQA) requires all State and local agencies to establish monitoring or reporting programs for projects approved by a public agency whenever approval involves the adoption of either a “mitigated negative declaration” or specified environmental findings related to environmental impact reports.

The follow
ing is the Mitigation Monitoring and Reporting Program (MMRP) for the Parkwest Casino 580 Expansion Project (proposed project). The intent of the MM RP is to ensure implementation of the mitigation measures identified within the Initial Study/Mitigated Negative Declaration (IS/MND) for this project. Unless otherwise noted, the cost of implementing the mitigation measures as prescribed by this MMRP shall be funded by the applicant.

COMPL

IANCE CHECKLIST
The MMRP contained herein is intended to satisfy the requirements of CEQA as they relate to the IS/MND for the proposed project, prepared by the City of Livermore. This MMRP is intended to be used by City staff and mitigation monitoring personnel to ensure compliance with mitigation measures during project implementation. Mitigation measures identified in this MM RP were developed in the IS/MND that was prepared for the proposed project.

The proposed
project IS/MND presents a detailed set of mitigation measures that will be implemented throughout the lifetime of the proposed project. Mitigation is defined by CEQA Guidelines, Section 15370, as a measure that:
• Avoids
the impact altogether by not taking a certain action or parts of an action; • Minimizes impacts by limiting the degree or magnitude of the action and its implementation;
• Rectifies the impact by repairing, rehabilitating, or restoring the impacted environment; • Reduces or eliminates the impact over time by preservation and maintenance operations during the life of the project; or
• Compensates for the impact by replacing or providing substitute resources or environments.

The inten
t of the MM RP is to ensure the implementation of adopted mitigation measures. The MMRP will provide for monitoring of construction activities as necessary and in- the-field identification and resolution of environmental concerns.

Monitor
ing and documenting the implementation of mitigation measures will be coordinated by the City of Livermore. The table attached to this report identifies the mitigation measure, the monitoring action for the mitigation measure, the responsible party for the monitoring action, and timing of the monitoring action. The applicant will be responsible for fully understanding and effectively implementing the mitigation measures contained within the MM RP. The City will be responsible for monitoring compliance.

MITIGATION MONITORING AND REPORTING

PROGRAM

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540

MITIGATION MONITORING AND REPORTING PROGRAM
The following table indicates the item number, the checklist questions the measure is designed to address, the measure text, the monitoring agency, implementation schedule, and an area for sign-off indicating compliance.

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MITIGATION MONITORING AND REPORTING PROGRAM
PARKWEST CASINO 580 EXPANSION PROJECT
Item
Number Checklist Question Mitigation Measure
Monitoring
Agency
Implementation
Schedule
Sign-
Off
IV-a Have a substantial
adverse effect, either
directly or through
habitat modifications, on
any species identified
as a candidate,
sensitive, or special
status species in local
or regional plans,
policies, or regulations,
or by the California
Department of Fish and
Wildlife or U.S. Fish and
Wildlife Service
Special-Status Plant Species
IV-1 Prior to any vegetation removal or ground-
disturbing activities, a focused survey shall be
conducted to determine the presence of
special-status plant species with potential to
occur within the project site. Surveys shall be
conducted in accordance with the Protocols for
Surveying and Evaluating
Impacts to Special
Status Native Plant Populations and Natural
Communities (CDFG 2009), which require rare
plant surveys to be conducted at the proper
time of year when rare or endangered species
are both “evident” and identifiable. Field
surveys shall be scheduled to coincide with
known blooming periods, and/or during
periods of physiological development that are
necessary to identify the plant species of
concern. The results of the surveys shall be
submitted to the City of Livermore Community
Development Department prior to the
commencement of construction activities. If
special-status plant species are not found,
additional mitigation measures are not
necessary. If any of the species are found on-
site and cannot be avoided, the following
measures shall be required:

• If the survey determines that special -
status plant species are present within
or adjacent to the project site, direct
and indirect impacts of the project on
the species shall be avoided where
feasible through the establishment of
activity exclusion zones, where
ground-disturbing activities shall not

City of Livermore
Community
Development
Department

Prior to any
vegetation removal
or ground-disturbing
activities during the
appropriate survey
period (when rare or
endangered species
are both “evident”
and identifiable)

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542

MITIGATION MONITORING AND REPORTING PROGRAM
PARKWEST CASINO 580 EXPANSION PROJECT
Item
Number Checklist Question Mitigation Measure
Monitoring
Agency
Implementation
Schedule
Sign-
Off
take place, including construction of
new facilities, construction staging, or
other temporary work areas. Activity
exclusion zones for special -status
plant species shall be established
prior to construction activities around
each occupied habitat site, the
boundaries of which shall be clearly
marked with standard orange plastic
construction exclusion fencing or its
equivalent. The establishment of
activity exclusion zones shall not be
required if construction- related
disturbance would not occur within
250 feet of the occupied habitat site.
• If exclusion zones and avoidance of
impacts on special -status species
within the project site are not feasible,
then the loss of individuals or occupied
habitat of special -
status plants shall
be compensated using the habitat
mitigation rations impacts on habitat
for the species as written below as
prescribed by the East Alameda
County Conservation Strategy
(EACCS) and obtain an incidental take
permit from the California Department
of Fish and Wildlife (CDFW) for State
listed species. Before the
implementation of compensation
measures, the project applicant shall
provide detailed information to the
CDFW and City of Livermore
Community Development Department
on the quality of preserved habitat,

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MITIGATION MONITORING AND REPORTING PROGRAM
PARKWEST CASINO 580 EXPANSION PROJECT
Item
Number Checklist Question Mitigation Measure
Monitoring
Agency
Implementation
Schedule
Sign-
Off
location of the preserved occurrences,
provisions for protecting and
managing the areas, the responsible
parties involved, and other pertinent
information that demonstrates the
feasibility of the compensation.
• Compensation recommendations
from the EACCS are as follows:
o Temporary effects to State
and federally listed species,
such as Livermore tarplant at
a 1:1 ratio.
o Congdon’s tarplant at a 5:1
ratio or above through
coordination with relevant
regulatory agencies.
o San Joaquin spearscale at a
1:1 ratio.

Crotch’s Bumble Bee
IV-2 The provisions contained herein only apply if
Crotch’s bumble bee is a candidate species or
is listed under CESA at the commencement of
construction. Following CDFW’s status report
on Crotch’s bumble bee, if the California Fish
and Game Commission finds that the
petitioned action is not warranted, the
provisions contained herein shall not be
required.

If feasible, initial ground- disturbing activities
associated with the proposed project (e.g.,
grading, vegetation removal, staging) shall
take place between September 1 and March
31 (i.e., outside the colony active period) to

City of Livermore
Community
Development
Department

Within 14 days prior
to the
commencement of
construction
activities

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MITIGATION MONITORING AND REPORTING PROGRAM
PARKWEST CASINO 580 EXPANSION PROJECT
Item
Number Checklist Question Mitigation Measure
Monitoring
Agency
Implementation
Schedule
Sign-
Off
avoid potential impacts on special -status
bumble bees. If completing all initial ground-
disturbing activities between September 1 and
March 31 is not feasible, then at a maximum of
14 days prior to the commencement of
construction activities, a qualified biologist with
10 or more years of experience conducting
biological resource surveys within California
shall conduct a preconstruction survey for
special-status bumble bees in the area(s)
proposed for impact.

The survey shall occur during the period from
one hour after sunrise to two hours before
sunset, with temperatures between 65
degrees Fahrenheit and 90 degrees
Fahrenheit, with low wind and zero rain. If the
timing of the start of construction makes the
survey infeasible due to the temperature
requirements, the surveying biologist shall
select the most appropriate days based on the
National Weather Service seven-
day forecast
and shall survey at a time of day that is closest
to the temperature range stated
above. The
survey duration shall be commensurate with
the extent of suitable floral resources (which
represent foraging habitat) present within the
area proposed for impact, and the level of
effort shall be based on the metric of a
minimum of one person-hour of searching per
three acres of suitable floral
resources/foraging habitat. A meandering
pedestrian survey shall be conducted
throughout the area proposed for impact in
order to identify patches of suitable floral

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545

MITIGATION MONITORING AND REPORTING PROGRAM
PARKWEST CASINO 580 EXPANSION PROJECT
Item
Number Checklist Question Mitigation Measure
Monitoring
Agency
Implementation
Schedule
Sign-
Off
resources. Suitable floral resources for
Crotch’s bumble bee include species in the
following families: Apocynaceae, Asteraceae,
Boraginaceae, Fabaceae, and Lamiaceae.

Suitable floral resources for western bumble
bee include species in the following famili es:

Asteraceae, Fabaceae, Rhamnaceae, and
Rosaceae, as well as plants in the genera
Eriogonum and Penstemon.

At a minimum, preconstruction survey
methods shall include the following:

• Search areas with floral resources for
foraging bumble bees. Observed
foraging activity may indicate a nest is
nearby, and therefore, the survey
duration shall be increased when
foraging bumble bees are present;
• If special -status bumble bees are
observed, watch any special -status
bumble bees present and observe
their flight patterns. Attempt to track
their movements between foraging
areas and the nest;
• Visually look for nest entrances.

Observe burrows, any other
underground cavities, logs, or other
possible nesting habitat;
• If floral resources or other vegetation
preclude observance of the nest, small
areas of vegetation may be removed
via hand removal, line trimming, or
mowing to a height of a minimum of

EXHIBIT E
546

MITIGATION MONITORING AND REPORTING PROGRAM
PARKWEST CASINO 580 EXPANSION PROJECT
Item
Number Checklist Question Mitigation Measure
Monitoring
Agency
Implementation
Schedule
Sign-
Off
four inches to assist with locating the
nest;
• Look for concentrated special -status
bumble bee activity;
• Listen for the humming of a nest
colony; and
• If bumble bees are observed, attempt
to photograph the individual and
identify it to species.

The biologist conducting the survey shall
record when the survey was conducted, a
general description of any suitable foraging
habitat/floral resources present, a description
of observed bumble bee activity, a list , of
bumble bee species observed, a description of
any vegetation removed to facilitate the
survey, and their determination of if survey
observations suggest a special -status bumble
bee nest(s) may be present or if construction
activities could result in take of special -status
bumble bees. The report shall be submitted to
the City of Livermore Community Development
Department prior to the commencement of
construction activities.

If bumble bees are not located during the
preconstruction survey or the bumble bees
located are definitively identified as a common
species (i.e., not special-status species), then
further mitigation or coordination with the
CDFW is not required.

If any sign(s) of a bumble bee nest is observed,
and if the species present cannot be

EXHIBIT E
547

MITIGATION MONITORING AND REPORTING PROGRAM
PARKWEST CASINO 580 EXPANSION PROJECT
Item
Number Checklist Question Mitigation Measure
Monitoring
Agency
Implementation
Schedule
Sign-
Off
established as a common bumble bee, then
construction shall not commence until either
(1) the bumble bees present are positively
identified as common (i.e., not a special-status
species), or (2) the completion of coordination
with CDFW to identify appropriate mitigation
measures, which may include, but not be
limited to, waiting until the colony active
season ends, establishment of nest buffers, or
obtaining an Incidental Take Permit (ITP) from
CDFW.

If special -status bees are located, and after
coordination with CDFW take of special-status
bumble bees cannot be avoided, the project
proponent shall obtain an ITP from CDFW, and
the project proponent
shall implement all
conditions identified in the ITP. Mitigation
required by the ITP may include, but not be
limited to, the project proponent translocating
nesting substrate in accordance with the latest
scientific
research to another suitable location
(i.e., a location that supports similar or better
floral resources as the impact area),
enhancing floral resources on areas of the
project site that will remain appropriate habitat,
worker awareness training, and/or other
measures specified by CDFW.

Nesting Birds and Raptors
IV-3 If project construction begins during the
nesting season (February 1 to August 31), a
qualified biologist shall conduct a nesting bird
survey within seven days prior to construction
activities. The nesting bird survey shall include

City of Livermore
Community
Development
Department

Seven days prior to
construction
activities if project
construction begin
during the nesting

EXHIBIT E
548

MITIGATION MONITORING AND REPORTING PROGRAM
PARKWEST CASINO 580 EXPANSION PROJECT
Item
Number Checklist Question Mitigation Measure
Monitoring
Agency
Implementation
Schedule
Sign-
Off
walking transects to search for ground nesting
birds, and an examination of all trees on- site
and within all accessible areas within 200 feet
of the entire project site and off -site
improvement areas (i.e., within a zone of
influence of nesting birds). If nesting birds are
not found within the project site or off -site
improvement areas, further mitigation shall not
be required.

If migratory birds are identified nesting on or
within the zone of influence, the Wildlife
Agencies shall be notified immediately of nest
locations. A qualified biologist shall establish a
temporary protective nest buffer around the
nest(s). The nest buffer shall be staked with
orange construction fencing. The buffer must
be of sufficient size to protect the nesting site
from construction-related disturbance and
shall be established by a qualified ornithologist
or biologist with extensive experience working
with nesting birds near and on construction
sites. Typically, adequate nesting buffers are
75 feet from the nest site or nest tree dripli ne
for small birds and up to 300 feet for sensitive
nesting birds that include several raptor
species known in the region of the project site
but that are not expected to occur on the
project site. Upon completion of nesting
surveys, if nesting birds are identified on or
within a zone of influence of the project site, a
qualified ornithologist/biologist
that frequently
works with nesting birds shall prescribe
adequate nesting buffers to protect the nesting
season (February 1
to August 31)

EXHIBIT E
549

Construction or earth-moving activity shall not
occur within any established nest protection
buffer prior to September 1 unless a qualified
ornithologist/biologist determines that the
young have fledged and have attained
sufficient flight skills to avoid project
construction zones, or that the nesting cycle is
otherwise completed. In the region of the
project site, most species complete nesting by
mid-July; however, the date may be
significantly earlier or later, and would have to
be determined by the qualified biologist. At the
end of the nesting cycle, and fledging from the
nest by its
occupants, as determined by a
qualified biologist, temporary nesting buffers
may be removed and construction may
commence in established nesting buffers
without further regard for the nest site. If active
nesting buffers are established and a biologist
does not confirm that the nesting cycle is
completed, then the nesting buffers must be
maintained until the end of the CDFW
recognized nesting season (September 1).

Should construction activities cause a nesting
bird to do any of the following in a way that
would be considered a result of construction
activities, then the exclusionary buffer shall be
increased such that activities are far enough
from the nest to stop the following agitated
behavior: vocalize, make defensive flights at
intruders, get up from a brooding position, or

EXHIBIT E
550

MITIGATION MONITORING AND REPORTING PROGRAM
PARKWEST CASINO 580 EXPANSION PROJECT
Item
Number Checklist Question Mitigation Measure
Monitoring
Agency
Implementation
Schedule
Sign-
Off
fly off the nest. The revised non -disturbance
buffer shall remain in place until the chicks
have fledged or as otherwise determined by a
qualified biologist in consultation with the City
of Livermore.

A report detailing compliance with the
provisions set forth herein shall be prepared by
the qualified biologist and submitted for review
and approval to
the City of Livermore
Community Development Department.

V-b,c b. Cause a substantial
adverse change in
the significance of a
unique
archaeological
resource pursuant to
Section 15064.5

c. Disturb any human
remains, including
those interred outside
of dedicated
cemeteries
V-1 In the event a potentially significant cultural
resource is encountered during subsurface
earthwork activities, all construction activities
on-site shall cease and workers should avoid
altering the materials until an archaeologist
who meets the Secretary of Interior’s
Professional Qualification Standards for
archaeology has evaluated the find(s). The
Applicant shall include a standard inadvertent
discovery clause in every construction contract
to inform contractors of this requirement. The
qualified archeologist shall make
recommendations to the Lead Agency on the
measures that shall be implemented to protect
the discovered resources, including but not
limited to, culturally appropriate temporary and
permanent treatment, which may include
avoidance of cultural resources, in-place
preservation, and/or re- burial on project
property so the resource(s) are not subject to
further disturbance in perpetuity. If avoidance
is determined to be infeasible, pursuant to
CEQA Guidelines Section 15126.4(b)(3)(C), a
data recovery plan, which makes provisions for
City of Livermore
Community
Development
Department

The Northwest
Information
Center (NWIC)

The State
Historic
Preservation
Office (SHPO)

During subsurface
earthwork activities,
in the event a
potentially significant
cultural resource is
encountered

EXHIBIT E
551

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adequately recovering the scientifically
consequential information from and about the
historical resource, shall be prepared and
adopted prior to any excavation being
undertaken. Such studies shall be deposited
with the California Historical Resources
Regional Information Center. If necessary,
excavation and evaluation of the find(s) shall
comply with Section 15064.5 of the CEQA
Guidelines.

Potentially significant cultural resources
include, but are not limited to, stone, bone,
glass, wood, or shell artifacts or features,
including hearths, structural remains, or
historic dumpsites, including trash pits older
than 50 years. Any previously undiscovered
resources found during construction within the
project site shall be recorded on appropriate
Department of Parks and Recreation (DPR)
523 forms and will be submitted to the City of
Livermore, the Northwest Information Center,
and the State Histor ic Preservation Office
(SHPO), as required.

V-2 In the event of the accidental discovery or
recognition of any human remains, further
excavation or disturbance of the find or any
nearby area reasonably suspected to overlie
adjacent human remains shall not occur until
compliance with the provisions of CEQA
Guidelines Section 15064.5(e)(1) and (2) has
occurred. The Guidelines specify that in the
event of the discovery of human remains other
than in a dedicated cemetery, no further

City of Livermore
Community
Development
Department

Alameda County
Coroner

Native American
Heritage

During construction,
in the event of the
accidental discovery
or recognition of any
human remains

EXHIBIT E
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Off
excavation at the site or any nearby area
suspected to contain human remains shall
occur until the County Coroner has been
notified to determine if an investigation into the
cause of death is required.

If the Coroner
determines that the remains are Native
American, then, within 24 hours, the Coroner
must notify the Native American Heritage
Commission, which in turn will notify the most
likely descendants who may recommend
treatment of the remains and any grave goods.

The potential exists that the Native American
Heritage Commission may be unable to
identify a most likely descendant, the most
likely descendant fails to make a
recommendation within 48 hours after
notification by the Native American Heritage
Commission, or the landowner or his
authorized agent rejects the recommendation
by the most likely descendant and mediation
by the Native American Heritage Commission
fails to provide a measure acceptable to the
landowner. In such a case, the landowner or
his authorized representative shall rebury the
human remains and grave goods with
appropriate dignity at a location on the property
not subject to further
disturbances. Should
human remains be encountered, a copy of the
resulting County Coroner report noting any
written consultation with the Native American
Heritage Commission shall be submitted as
proof o f compliance to the City’s Community
Development Department.

Commission
(NAHC) (if the
coroner
determines that
the remains are
Native American)

EXHIBIT E
553

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Item
Number Checklist Question Mitigation Measure
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Agency
Implementation
Schedule
Sign-
Off
VII-d Be located on
expansive soil, as
defined in Table 18-1B
of the Uniform Building
Code (1994), creating
substantial direct or
indirect risks to life or
property
VII-1 Prior to approval of any grading permits, a
Geotechnical Analysis shall be conducted by a
California Registered Civil Engineer or
Geotechnical Engineer to characterize the
subsurface conditions of the project site. The
report shall address and make
recommendations on the following:

• Road, pavement, and parking area
design;
• Grading practices;
• Erosion/winterization; and
• Special problems discovered on- site,
(i.e., groundwater, expansive/unstable
soils, etc.).

All grading plans for the project shall be
designed by a Civil and Structural Engineer
and reviewed and approved by the Director of
Public Works/City
Engineer, Chief Building
Official, and a qualified Geotechnical Engineer
prior to issuance of grading and building
permits to ensure that all geotechnical
recommendations specified in the
Geotechnical Analysis are properly
incorporated and utilized in the project design.

City of Livermore
City Engineer

Chief Building
Official
Prior to approval of
any grading and/or
building permits

VII-f Directly or indirectly
destroy a unique
paleontological resource
or site or unique
geologic feature
VII-2 The following requirements shall be noted on
project Improvement Plans, subject to review
and approval by the City of Livermore
Community Development Department. Should
any vertebrate fossils (e.g., teeth, bones), an
unusually large or dense accumulation of intact
invertebrates, or well-
preserved plant material
(e.g., leaves) be unearthed by the construction
crew, then ground -disturbing activity shall be
City of Livermore
Community
Development
Department
During construction,
in the event of
accidental discovery
of vertebrate fossils,
invertebrates, or
well-preserved plant
materials

EXHIBIT E
554

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PARKWEST CASINO 580 EXPANSION PROJECT
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Number Checklist Question Mitigation Measure
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Schedule
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Off
diverted to another part of the project site and
a paleontologist shall be called on- site to
assess the find and, if significant, recover the
find in a timely matter. Finds determined
significant by the paleontologist shall then be
conserved and deposited with a recognized
repository, such as the University of California
Museum of Paleontology. The alternative
mitigation would be to leave the significant
finds in place, determine the extent of
significant deposit, and avoid further
disturbance of the significant deposit. The City
of Livermore Community Development
Department shall be notified of the discovery of
any paleontological resources.

XVIII-a,b a. Listed or eligible for
listing in the
California Register of
Historical Resources,
or in a local register
of historical
resources as defined
in Public Resources
Code section
5020.1(k)

b. A resource
determined by the
lead agency, in its
discretion and
supported by
substantial evidence,
to be significant
pursuant to criteria
set forth in
XVIII-1 Implement Mitigation Measures V-1 and V-2.

XVIII-2 Tribal Monitoring. Prior to ground disturbing
activities, the project applicant shall coordinate
with the Confederated Villages of Lisjan
Nation, the Amah Mutsun Tribal Band of San
Juan Bautista, and the Indian Canyon Band of
Costanoan Ohlone People to retain a
representative Tribal Monitor(s). The Tribal
Monitor(s) shall have the authority to halt and
redirect work should any archeological or
Tribal Cultural Resources be identified during
monitoring. If archeological or Tribal Cultural
Resources are encountered during ground
disturbing activities, work within 100 feet of the
find must halt
and the find must be evaluated
for listing in the CRHR and NRHP. Monitoring
may be reduced or halted at the discretion of
See Mitigation
Measures V-1
and V-2

City of Livermore
Community
Development
Department

Representative
Tribal Monitor

See Mitigation
Measures V-1 and
V-2

Prior to ground
disturbing activities

EXHIBIT E
555

In applying the
criteria set forth in
subdivision (c) of
Public Resources
Code Section 5024.1,
the lead agency shall
consider the
significance of the
resource to a
California Native
American tribe
the Tribal Monitor(s), in consultation with the
City of Livermore Community Development
Department, as warranted by conditions such
as encountering bedrock, sediments being
excavated are fill, negative findings during the
first 50 percent of the entire area of ground
disturbance, etc. If monitoring is reduced to
spot checking, spot checking shall occur when
ground disturbing activities moves to a new
location within the project site and when
ground disturbance will extend to depths not
previously reached (u nless those depths are
within bedrock).

XVIII-3 Inadvertent Discovery of Tribal Cultural
Resources. If cultural resources of Native
American origin are identified during grading or
excavation of the proposed project, all ground
disturbing activities within 100 feet shall cease
until an archeologist has evaluated the nature
and significance of the find as a cultural
resource and a representative from culturally
affiliated Native American Tribes is consulted
by the government agency. The archeologist
will stake the area of discovery, placing stakes
no more than 10 feet apart, forming a circle
having a radius of no less than 100 feet from
the point of discovery. If the entity in
consultation with the consulting Tribe(s),
determines that the resource is a Tribal
Cultural Resource and thus significant under
CEQA and/or the Tribe, the entity shall retain a
qualified
archeologist and a Tribal monitor, at
the applicant’s expense, to prepare a
mitigation plan, which shall be implemented by

Representative
Tribal Monitor

During grading or
excavation activities,
in the event of
accidental discovery
of Tribal Cultural
Resources

EXHIBIT E
556

The mitigation plan shall include avoidance of
the resource or, if avoidance of the resource is
not feasible, the plan shall outline appropriate
treatment of the resource in coordination with
the consulting Tribe and, if applicable, a
qualified archeologist. Examples of
appropriate mitigation for the Tribal cultural
resources include, but are not limited to,
protecting the cultural character and integrity of
the resources, protecting traditional use of the
resources, protecting the confidentiality of the
resources, or heritage recovery.

XVIII-4 Tribal Cultural Resources Awareness Training.

The following language shall be noted on
project Improvement Plans, subject to review
and approval by the City of Livermore
Community Development Department:

Prior to the initiation of construction, all
construction crew members, consultants, and
other personnel involved in project
implementation shall receive project -specific
Tribal Cultural Resource (TCR) Awareness
Training. The training shall be conducted in
coordination with qualified cultural resource
specialists and representatives from culturally
affiliated Native American Tribes. The training
will emphasize the requirement for
confidentiality and culturally appropriate,
respectful treatment of any finds of significance
to culturally affiliated Native American Tribes.

All personnel required to receive the training

City of Livermore
Community
Development
Department

Prior to the approval
of Improvement
Plans

EXHIBIT E
557

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Item
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Off
shall also be required to sign a form that
acknowledges receipt of the training, which
shall be submitted to the City of Livermore
Community Development Department for
review and approval. As a component of the
training, a brochure will be distributed to all
personnel associated with the project
implementation. At a minimum the brochure
shall discuss the following topics in clear and
straightforward language:

• Field indicators of potential
archaeological or cultural resources
(i.e., what to look for, for example:
archaeological artifacts, exotic or non-
native rock, unusually large amounts
of shell or bone, significant soil color
variations, etc.)
• Regulations governing archeological
resources and tribal cultural
resources.
• Consequences of disregarding or
violating laws protecting archeological
or tribal cultural resources.
• Steps to take if a worker encounters a
possible resource.

The training shall include project specific
guidance for on-site personnel including
protocols for resource avoidance, when to stop
work, and whom
to contact if potential
archeological or TCRs are identified. The
training shall also address the stoppage of
work if potentially significant cultural resources
are discovered during ground disturbing

EXHIBIT E
558

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PARKWEST CASINO 580 EXPANSION PROJECT
Item
Number Checklist Question Mitigation Measure
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Implementation
Schedule
Sign-
Off
activities, and in the case of possible human
remains the proper course of action requiring
immediate contact with the County Coroner
and the NAHC.

EXHIBIT E
559
1 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION APPROVING CONDITIONAL USE PERMIT MODIFICATION (CUPM) 24-001, SITE PLAN DESIGN REVIEW (SPDR) 24-010 AND SITE PLAN DESIGN REVIEW MODIFICATION (SPDRM) 24-024, SUBJECT TO CONDITIONS OF APPROVAL, FOR THE PARKWEST CASINO 580 EXPANSION PROJECT The City received applications for Conditional Use Permit Modification 24-001, Site Plan Design Review 24-010 and Site Plan Design Review Modification 24-024 to authorize operational changes at Parkwest Casino 580 including increasing the number of card tables, increasing hours of operation, increasing the maximum bet limit, permitting limited backline betting, and permitting the play of new card games not prohibited by state law, and to approve the development of a 230-space surface parking lot for the Parkwest Casino 580 Expansion Project (“Project”).

At a duly noticed public hearing on January 7, 2025, the Planning Commission considered the Project and staff recommendation, heard public testimony, made the necessary findings and adopted Planning Commission Resolution No. 02-25, attached hereto as Exhibit A, containing the Planning Commission’s actions and/or recommendations thereon.

On February 24, 2025, the City Council held a duly noticed public hearing to consider the Project, Planning Commission and staff recommendations, all public comments and testimony, and findings.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that prior to taking action on the Project, and at a properly noticed public hearing, the City Council reviewed written and oral staff reports, conducted a public hearing on the Project and took testimony, and received into the record all pertinent documents related to the Project (collectively, the “Record Evidence”). The City Council’s determination is based on the Record Evidence, which is incorporated into this Resolution by reference.

BE IT FURTHER RESOLVED that the City Council of the City of Livermore has considered the Record Evidence and adopted a resolution adopting an Initial Study and Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program.

BE IT FURTHER RESOLVED that the City Council of the City of Livermore has considered the findings made in Planning Commission Resolution No. 02-25, attached hereto as Exhibit A, and the City Council hereby adopts the same findings by this reference and incorporates them as their own findings as part of this resolution. Based upon the City Council’s own independent review of the Record Evidence and considerations, the City Council hereby approves Conditional Use Permit Modification 24- 001, Site Plan Design Review 24-010 and Site Plan Design Review Modification 24-024, 560
2 RESOLUTION NO. ________
subject to Conditions of Approval, attached hereto as Exhibit B, for the Parkwest Casino 580 Expansion Project.

BE IT FURTHER RESOLVED that the City Council of the City of Livermore directs the Planning Manager to file a Notice of Determination with the Alameda County Clerk.

The documents that constitute the record of proceedings upon which this decision is based can be found in the City Clerk’s Office, 1052 S. Livermore Avenue, in Livermore California.

On motion of Council Member , seconded by Council
Member , the foregoing resolution was passed and adopted on February 24, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED AS TO FORM:
/s/ Katherine Mirassou
Deborah L. Elam Katherine Mirassou
City Clerk Assistant City Attorney
Exhibit A – Planning Commission Resolution No. 02-25
Exhibit B – Draft Conditions of Approval
561

EXHIBIT A
562

EXHIBIT A
563

EXHIBIT A
564

EXHIBIT A
565

EXHIBIT A
566

EXHIBIT A
567

EXHIBIT A
568

EXHIBIT A
569

CONDITIONS OF APPROVAL
Parkw
est Casino 580 Expansion Project
Munici
pal Code Amendment (MUNI) 24-002, Development Code Amendment (DCA) 24-004, Conditional Use Permit Modification (CUPM) 24-001, Development Agreement (DA) 24-003, Site Plan Design Review (SPDR) 24-010, and Site Plan Design Review Modification (SPDRM) 24-024
The projec
t is to amend the Livermore Municipal Code including increasing the total number of card tables permitted citywide, increasing the total number of card table permitted per gambling establishment, increasing allowable hours of operation, increasing the maximum bet limit, permitting limited backline betting, permitting the play of new card games not prohibited by state law, modifying tournament noticing requirements, modifying the number of cardroom licenses permitted per person, and additional miscellaneous amendments made for clarification; 2) authorize operational changes at Parkwest Casino 580 including increasing the number of card tables, increasing hours of operation, increasing the maximum bet limit, permitting limited backline betting, and permitting the play of new card games not prohibited by state law; and 3) approve the development of a 230-space surface parking lot for Parkwest Casino 580 for the Parkwest Casino 580 Expansion Project (“Project”).

Recomme
nded for Approval by Planning Commission: January 7, 2025 Approved by City Council: February 24, 2025
PROJE

CT AUTHORIZATION

1. This project shall be in conformance with all City Ordinances, rules, regulations, and policies. The conditions listed below are particularly pertinent to this permit and shall not be construed to permit violation of other laws and policies not so listed.

2. Approval is limited to the conformance of the land use to the Isabel Neighborhood Specific Plan and Development Code requirements and as stated in the Development Agreement (DA) 24-003. Use of the property shall be limited to those permitted by the these documents as they exist now or may be amended in the future.

PROJECT SPECIFIC CONDITIONS
Prior to issuance of a Building Permit, the applicant shall demonstrate conformance to the following conditions to the satisfaction of the Planning Division:

1. The applicant shall respond in writing to all conditions contained in this document and its attachments. Responses shall describe how the condition has been met and shall, where applicable, direct the plan checker to the page and/or drawing detail that demonstrates compliance with the condition. A copy of these responses shall be provided with each set of improvement and revised plans.

2. Applicant shall comply with terms outlined in DA 24-003, as it exists now or may be amended in the future. The City may revoke this Conditional Use Permit Modification

EXHIBIT B
570
if t
he cardroom is in violation of the Development Agreement or the Development Agreement is terminated.

3. The applicant shall comply with all applicable Mitigation Measures required by the Parkwest Casino 580 Expansion Project Initial Study/Mitigated Negative Declaration Mitigation Monitoring and Reporting Program, attached hereto as Attachment 1.

4. The applicant shall submit an updated shared use parking agreement not ing the shared parking on Assessor Parcel Numbers (APNs) 905-16-88 and 905-13-3, the existing parking lot for Parkwest Casino 580 and CalMoto and the new surface parking lot, respectively . The parking agreement must be executed and recorded prior to issuance of a building permit. The agreement must be reviewed and approved by the Community Development Department staff before it is recorded.

The parking agreement must be in effect for the life of this Conditional Use Permit and Development Agreement, unless modified by the parties to the Agreement.

5. The applicant shall submit a floor plan including but not limited to the location of the 16 card tables, office space, security space, event space, and other related spaces used as part of the casino operations , subje ct to revi ew and approval by the Community Development Director.

6. To ensure that the project landscaping does not conflict with the scenic corridor policy and create a wall-like effect, the applicant shall modify the following landscape plan as follows:
a. Along the length of the southern property line only, replace proposed shrubs S4 and S7 as identified on sheet L1.0 to a mix of low (i.e., 24-36 inches maximum height) ground cover. Refer to Attachment 2 for a detailed markup. b. Remove the four westernmost proposed Scarlet Oak trees proposed along the southern property line as shown in Attachment 2. To the extent feasible, re- locate the proposed Scarlet Oak trees along the easternmost driveway to compensate for the removed trees.

7. At the discretion of the Community Development Department Director, the Conditional Use Permit (and Development Agreement if necessary) can be returned to the Planning Commission (and City Council if necessary) to amend the parking requirement if it is determined at a later date that existing on-site parking is insufficient. Evidence of insufficient parking includes, but is not limited to, vehicles of cardroom patrons parked on adjacent properties or parked illegally on the street. Amendments shall be in conformance with Chapter 9, Permits and Approvals, of the Livermore Development Code as it exists now or may be amended in the future.

8. This Conditional Use Permit Modification shall be revoked following the necessary procedures for revocation if the State cardroom license is denied by the State Bureau of Gambling Control and/or the City cardroom license is denied by the

EXHIBIT B
571
Poli
ce Chief in accordance with Municipal Code Chapter 5.20. Furthermore, CUPM24-001 shall be revoked if the cardroom is in violation of the Development Agreement or the Conditional Use Permit Modification conditions of approval.

GENERAL CONDITIONS OF APPROVAL

1. Development shall conform to the plans designated by the City as Exhibit B-1.

Exhibit B-1 plans shall include but are not limited to civil, landscape, and lighting plans reviewed and approved by the Planning Commission and City Council and amended by the applicant to reflect any changes indicated above in the Project Specific Conditions or required by the City in the approval process. The applicant shall submit any required amended plans to the Community Development Department within 90 days of project approval.

2. The Developer shall pay the processing and development impact fees applicable City-wide that are in effect at the time the fees are paid. Payment for said fees shall be made prior to issuance of any building permits.

3. The Community Development Department may approve minor amendments to the permit, provided that the permit is still in substantial conformance with the original approval.

4. Approval of the Site Plan Design Review and Site Plan Design Review Modification entitlements is not an authorization to commence construction.

Construction, alterations, repairs, sign erection, or occupancy shall not be permitted without prior approval of the Building Division through issuance of any required permits.

5. To the extent permitted by law, the project applicant shall defend, indemnify and hold harmless the City, its City Council, its officers, boards, commissions, employees and agents from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside, or void the approval of the project or any permit authorized hereby for the project, including (without limitation) reimbursing the City its attorney’s fees and costs incurred in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice.

ENGINEERING DIVISION – DEVELOPMENT

1. Development shall conform to the attached Engineering Considerations, dated December 23, 2024 (refer to Attachment 3).

BUILDING DIVISION

1. Future development shall conform to California codes adopted at time of Building permit submittal.

Attachments:

1. Parkwest Casino 580 Expansion Project Initial Study/Mitigated Negative Declaration Mitigation Monitoring and Reporting Program

EXHIBIT B
572

2. Landscap
e Planting Plan Sheet L1.0 markup

3. Engineering Considerations dated December 23, 2024

EXHIBIT B
573

The following i
s the Mitigation Monitoring and Reporting Program (MMRP) for the Parkwest Casino 580 Expansion Project (proposed project). The intent of the MM RP is to ensure implementation of the mitigation measures identified within the Initial Study/Mitigated Negative Declaration (IS/MND) for this project. Unless otherwise noted, the cost of implementing the mitigation measures as prescribed by this MMRP shall be funded by the applicant.

COMPLIA

NCE CHECKLIST
The MMRP contained herein is intended to satisfy the requirements of CEQA as they relate to the IS/MND for the proposed project, prepared by the City of Livermore. This MMRP is intended to be used by City staff and mitigation monitoring personnel to ensure compliance with mitigation measures during project implementation. Mitigation measures identified in this MM RP were developed in the IS/MND that was prepared for the proposed project.

The proposed pro
ject IS/MND presents a detailed set of mitigation measures that will be implemented throughout the lifetime of the proposed project. Mitigation is defined by CEQA Guidelines, Section 15370, as a measure that:
• Avoids the i
mpact altogether by not taking a certain action or parts of an action; • Minimizes impacts by limiting the degree or magnitude of the action and its implementation;
• Rectifies the impact by repairing, rehabilitating, or restoring the impacted environment; • Reduces or eliminates the impact over time by preservation and maintenance operations during the life of the project; or
• Compensates for the impact by replacing or providing substitute resources or environments.

The intent
of the MM RP is to ensure the implementation of adopted mitigation measures. The MMRP will provide for monitoring of construction activities as necessary and in- the-field identification and resolution of environmental concerns.

Monitoring and
documenting the implementation of mitigation measures will be coordinated by the City of Livermore. The table attached to this report identifies the mitigation measure, the monitoring action for the mitigation measure, the responsible party for the monitoring action, and timing of the monitoring action. The applicant will be responsible for fully understanding and effectively implementing the mitigation measures contained within the MM RP. The City will be responsible for monitoring compliance.

MITIGATION MONITORING AND REPORTING

PROGRAM

EXHIBIT B
574

EXHIBIT B
575

City of Livermore
Community
Development
Department

Prior to any
vegetation removal
or ground-disturbing
activities during the
appropriate survey
period (when rare or
endangered species
are both “evident”
and identifiable)

EXHIBIT B
576

MITIGATION MONITORING AND REPORTING PROGRAM
PARKWEST CASINO 580 EXPANSION PROJECT
Item
Number Checklist Question Mitigation Measure
Monitoring
Agency
Implementation
Schedule
Sign-
Off
take place, including construction of
new facilities, construction staging, or
other temporary work areas. Activity
exclusion zones for special -status
plant species shall be established
prior to construction activities around
each occupied habitat site, the
boundaries of which shall be clearly
marked with standard orange plastic
construction exclusion fencing or its
equivalent. The establishment of
activity exclusion zones shall not be
required if construction- related
disturbance would not occur within
250 feet of the occupied habitat site.
• If exclusion zones and avoidance of
impacts on special -status species
within the project site are not feasible,
then the loss of individuals or occupied
habitat of special -
status plants shall
be compensated using the habitat
mitigation rations impacts on habitat
for the species as written below as
prescribed by the East Alameda
County Conservation Strategy
(EACCS) and obtain an incidental take
permit from the California Department
of Fish and Wildlife (CDFW) for State
listed species. Before the
implementation of compensation
measures, the project applicant shall
provide detailed information to the
CDFW and City of Livermore
Community Development Department
on the quality of preserved habitat,

EXHIBIT B
577

MITIGATION MONITORING AND REPORTING PROGRAM
PARKWEST CASINO 580 EXPANSION PROJECT
Item
Number Checklist Question Mitigation Measure
Monitoring
Agency
Implementation
Schedule
Sign-
Off
location of the preserved occurrences,
provisions for protecting and
managing the areas, the responsible
parties involved, and other pertinent
information that demonstrates the
feasibility of the compensation.
• Compensation recommendations
from the EACCS are as follows:
o Temporary effects to State
and federally listed species,
such as Livermore tarplant at
a 1:1 ratio.
o Congdon’s tarplant at a 5:1
ratio or above through
coordination with relevant
regulatory agencies.
o San Joaquin spearscale at a
1:1 ratio.

City of Livermore
Community
Development
Department

Within 14 days prior
to the
commencement of
construction
activities

EXHIBIT B
578

MITIGATION MONITORING AND REPORTING PROGRAM
PARKWEST CASINO 580 EXPANSION PROJECT
Item
Number Checklist Question Mitigation Measure
Monitoring
Agency
Implementation
Schedule
Sign-
Off
avoid potential impacts on special -status
bumble bees. If completing all initial ground-
disturbing activities between September 1 and
March 31 is not feasible, then at a maximum of
14 days prior to the commencement of
construction activities, a qualified biologist with
10 or more years of experience conducting
biological resource surveys within California
shall conduct a preconstruction survey for
special-status bumble bees in the area(s)
proposed for impact.

EXHIBIT B
579

MITIGATION MONITORING AND REPORTING PROGRAM
PARKWEST CASINO 580 EXPANSION PROJECT
Item
Number Checklist Question Mitigation Measure
Monitoring
Agency
Implementation
Schedule
Sign-
Off
resources. Suitable floral resources for
Crotch’s bumble bee include species in the
following families: Apocynaceae, Asteraceae,
Boraginaceae, Fabaceae, and Lamiaceae.

Suitable floral resources for western bumble
bee include species in the following famili es:

Asteraceae, Fabaceae, Rhamnaceae, and
Rosaceae, as well as plants in the genera
Eriogonum and Penstemon.

At a minimum, preconstruction survey
methods shall include the following:

EXHIBIT B
580

MITIGATION MONITORING AND REPORTING PROGRAM
PARKWEST CASINO 580 EXPANSION PROJECT
Item
Number Checklist Question Mitigation Measure
Monitoring
Agency
Implementation
Schedule
Sign-
Off
four inches to assist with locating the
nest;
• Look for concentrated special -status
bumble bee activity;
• Listen for the humming of a nest
colony; and
• If bumble bees are observed, attempt
to photograph the individual and
identify it to species.

If any sign(s) of a bumble bee nest is observed,
and if the species present cannot be

EXHIBIT B
581

MITIGATION MONITORING AND REPORTING PROGRAM
PARKWEST CASINO 580 EXPANSION PROJECT
Item
Number Checklist Question Mitigation Measure
Monitoring
Agency
Implementation
Schedule
Sign-
Off
established as a common bumble bee, then
construction shall not commence until either
(1) the bumble bees present are positively
identified as common (i.e., not a special-status
species), or (2) the completion of coordination
with CDFW to identify appropriate mitigation
measures, which may include, but not be
limited to, waiting until the colony active
season ends, establishment of nest buffers, or
obtaining an Incidental Take Permit (ITP) from
CDFW.

City of Livermore
Community
Development
Department

Seven days prior to
construction
activities if project
construction begin
during the nesting

EXHIBIT B
582

MITIGATION MONITORING AND REPORTING PROGRAM
PARKWEST CASINO 580 EXPANSION PROJECT
Item
Number Checklist Question Mitigation Measure
Monitoring
Agency
Implementation
Schedule
Sign-
Off
walking transects to search for ground nesting
birds, and an examination of all trees on- site
and within all accessible areas within 200 feet
of the entire project site and off -site
improvement areas (i.e., within a zone of
influence of nesting birds). If nesting birds are
not found within the project site or off -site
improvement areas, further mitigation shall not
be required.

EXHIBIT B
583

EXHIBIT B
584

MITIGATION MONITORING AND REPORTING PROGRAM
PARKWEST CASINO 580 EXPANSION PROJECT
Item
Number Checklist Question Mitigation Measure
Monitoring
Agency
Implementation
Schedule
Sign-
Off
fly off the nest. The revised non -disturbance
buffer shall remain in place until the chicks
have fledged or as otherwise determined by a
qualified biologist in consultation with the City
of Livermore.

V-b,c b. Cause a substantial
adverse change in
the significance of a
unique
archaeological
resource pursuant to
Section 15064.5

The Northwest
Information
Center (NWIC)

The State
Historic
Preservation
Office (SHPO)

During subsurface
earthwork activities,
in the event a
potentially significant
cultural resource is
encountered

EXHIBIT B
585

MITIGATION MONITORING AND REPORTING PROGRAM
PARKWEST CASINO 580 EXPANSION PROJECT
Item
Number Checklist Question Mitigation Measure
Monitoring
Agency
Implementation
Schedule
Sign-
Off
adequately recovering the scientifically
consequential information from and about the
historical resource, shall be prepared and
adopted prior to any excavation being
undertaken. Such studies shall be deposited
with the California Historical Resources
Regional Information Center. If necessary,
excavation and evaluation of the find(s) shall
comply with Section 15064.5 of the CEQA
Guidelines.

City of Livermore
Community
Development
Department

Alameda County
Coroner

Native American
Heritage

During construction,
in the event of the
accidental discovery
or recognition of any
human remains

EXHIBIT B
586

MITIGATION MONITORING AND REPORTING PROGRAM
PARKWEST CASINO 580 EXPANSION PROJECT
Item
Number Checklist Question Mitigation Measure
Monitoring
Agency
Implementation
Schedule
Sign-
Off
excavation at the site or any nearby area
suspected to contain human remains shall
occur until the County Coroner has been
notified to determine if an investigation into the
cause of death is required.

Commission
(NAHC) (if the
coroner
determines that
the remains are
Native American)

EXHIBIT B
587

MITIGATION MONITORING AND REPORTING PROGRAM
PARKWEST CASINO 580 EXPANSION PROJECT
Item
Number Checklist Question Mitigation Measure
Monitoring
Agency
Implementation
Schedule
Sign-
Off
VII-d Be located on
expansive soil, as
defined in Table 18-1B
of the Uniform Building
Code (1994), creating
substantial direct or
indirect risks to life or
property
VII-1 Prior to approval of any grading permits, a
Geotechnical Analysis shall be conducted by a
California Registered Civil Engineer or
Geotechnical Engineer to characterize the
subsurface conditions of the project site. The
report shall address and make
recommendations on the following:

• Road, pavement, and parking area
design;
• Grading practices;
• Erosion/winterization; and
• Special problems discovered on- site,
(i.e., groundwater, expansive/unstable
soils, etc.).

City of Livermore
City Engineer

Chief Building
Official
Prior to approval of
any grading and/or
building permits

EXHIBIT B
588

MITIGATION MONITORING AND REPORTING PROGRAM
PARKWEST CASINO 580 EXPANSION PROJECT
Item
Number Checklist Question Mitigation Measure
Monitoring
Agency
Implementation
Schedule
Sign-
Off
diverted to another part of the project site and
a paleontologist shall be called on- site to
assess the find and, if significant, recover the
find in a timely matter. Finds determined
significant by the paleontologist shall then be
conserved and deposited with a recognized
repository, such as the University of California
Museum of Paleontology. The alternative
mitigation would be to leave the significant
finds in place, determine the extent of
significant deposit, and avoid further
disturbance of the significant deposit. The City
of Livermore Community Development
Department shall be notified of the discovery of
any paleontological resources.

XVIII-a,b a. Listed or eligible for
listing in the
California Register of
Historical Resources,
or in a local register
of historical
resources as defined
in Public Resources
Code section
5020.1(k)

City of Livermore
Community
Development
Department

Representative
Tribal Monitor

See Mitigation
Measures V-1 and
V-2

Prior to ground
disturbing activities

EXHIBIT B
589

Representative
Tribal Monitor

During grading or
excavation activities,
in the event of
accidental discovery
of Tribal Cultural
Resources

EXHIBIT B
590

XVIII-4 Tribal Cultural Resources Awareness Training.

The following language shall be noted on
project Improvement Plans, subject to review
and approval by the City of Livermore
Community Development Department:

All personnel required to receive the training

City of Livermore
Community
Development
Department

Prior to the approval
of Improvement
Plans

EXHIBIT B
591

MITIGATION MONITORING AND REPORTING PROGRAM
PARKWEST CASINO 580 EXPANSION PROJECT
Item
Number Checklist Question Mitigation Measure
Monitoring
Agency
Implementation
Schedule
Sign-
Off
shall also be required to sign a form that
acknowledges receipt of the training, which
shall be submitted to the City of Livermore
Community Development Department for
review and approval. As a component of the
training, a brochure will be distributed to all
personnel associated with the project
implementation. At a minimum the brochure
shall discuss the following topics in clear and
straightforward language:

EXHIBIT B
592

MITIGATION MONITORING AND REPORTING PROGRAM
PARKWEST CASINO 580 EXPANSION PROJECT
Item
Number Checklist Question Mitigation Measure
Monitoring
Agency
Implementation
Schedule
Sign-
Off
activities, and in the case of possible human
remains the proper course of action requiring
immediate contact with the County Coroner
and the NAHC.

EXHIBIT B
593

EXHIBIT D

EXHIBIT B
594
CITY O

F LIVERMORE

ENGINEERING CONSIDERATIONS
Date: D
ecember 23, 2024
LOCAT
ION: 950-968 North Canyons Parkway & unaddressed vacant property to the east of 950-968 North Canyons Parkway
DEVELOPER: Monument Properties Livermore LLC
PLANNING REFERRAL #: MUNI 24-002, DCA 24-004, DA 24-003, CUPM 24-001, SPDRM 24-024, & SPDR 24-010
Not
e: Specific conditions are shown in large type. Standard conditions that apply to this project are shown in italic type.

1. D
EFINITIONS:

For t
he purpose of this agreement, the following words shall have the meanings respectively ascribed to them by this section:

Devel
oper: Person(s) or Corporation(s) that will obtain permits for construction Impr
ovement Plans: Construction drawings for required public and private improvements Servi
ces: Utility lateral, or any portions of a conduit cable or duct, between a utility distribution line and the site it serves
Pro
ject: The work to be performed by Developer

2. PROJECT ENTITLEMENTS
A. The project shall be in conformance with all City Ordinances, rules, regulations, and policies. The conditions listed below are particularly pertinent to this permit and shall not be construed to permit violation of other laws and policies not so listed.

B. Appro
val or conditional approval of the above listed entitlements and agreement shall not supersede these Engineering Considerations and any applicable City Standards nor limit the City’s Engineer’s ability to require workable designs on future grading and improvement plans based upon these Engineering considerations and the City’s Standard engineering specifications and details.

3. SPECIFIC CONDITIONS:

The D
eveloper shall comply with the following conditions:

EXHIBIT B
595

A. The fire service and fire sprinklers shall be connected to the potable water system.

B. The Developer shall install pressure reduction valves (PRVs), backflow prevention devices and appurtenances on the potable and reclaimed water services as directed by the City Engineer. All waterline valves must notate “EPDM” on the valve body.

C. There are no existing overhead electric, telephone, and cable TV wires along the frontage of this project. However there are existing overhead electric power that are 60KV and higher along the southern boundary of this site. The existing electric power that is 60KV or higher can remain overhead and all new services shall be installed underground (with the exception of electric lines with 60 KV and higher voltages). The Developer shall note this work on the approved site plans.

D. There is/are existing City sanitary sewer/storm drain/water easement(s) on-site. Trees, structures, and other utility facilities shall not be placed within this/these easement(s).

E. There are private easements on this site and it is the Developer’s responsibility to not interfere with the use of these easements.

F. The Developer shall have a certified CASp Specialist review and certify that the design for all pedestrian improvements within the public right-of-way or a public easement complies with a minimum of one of the following applicable regulations: American with Disabilities Act (ADA) requirements, the Public Rights-of-Way Accessibility Guidelines (PROWAG), and the requirements found in Chapter 11B of the 2019 California Building Code. If an accessibility design cannot meet the above listed applicable standards, the Developer shall propose and the CASp Specialist shall concur with a design exception request for approval by the City Engineer or their designee. In addition, the Developer shall have the certified CASp Specialist inspect and certify that pedestrian improvements are installed per the CASp certified design. Pedestrian improvements include new trails, walkways, sidewalks, accessible ramps, connections between existing and new pedestrian improvements, and modifications to existing pedestrian improvements within or adjacent to the project site, as shown on the approved plans.

G. All proposed on-site improvements shall not impede into the existing Caltrans right of way located along the southern boundary of this project.

H. The Developer shall dedicate a public sidewalk easement along the frontage of North Canyons Parkway where new sidewalk, curb, gutter, and bus shelter are located beyond the existing public right of way.

I. In accordance with the CEQA analysis for this project, the maximum amount of soil export for the surface parking lot shall be limited to 49,000 cubic yards or less.

J. The development shall annex into Community Facilities Maintenance District 2023-1 (Isabel Neighborhood Specific Plan) to provide the City maintenance funds to maintain portions of

EXHIBIT B
596
public infrastructure and landscaping that is installed with the Isabel Neighborhood Specific Plan in accordance with the applicable rate and method of apportionment. The Developer shall initiate and bear the costs for the annexation into CFD 2023-1. Annexation documents shall be filed prior to the issuance of any permit for the project. The necessary documentation shall be submitted for City review with the first building permit plan submittal.

K. This development is within the Triad Community Facilities District 90-1A and is subject to the charges and requirements thereof.

L. The developer shall provide a reciprocal access easement/agreement with the adjacent property. This document shall be recorded prior to the issuance of a permit for the project.

4. STORM WATER S ITE DRAINAGE AND TREATMENT REQUIREMENTS:

A. General

1. This site is subject to the National Pollutant Discharge Elimination System (NPDES) Program. Prior to the issuance of the initial grading or building permit, the Developer shall provide evidence that the site is covered by the statewide General Permit to Discharge Storm Water associated with construction activity. This requires confirmation that a Notice of Intent (NOI) and the applicable fee was sent to the State Water Resources Control Board. In addition, the grading plans need to state: "All grading shall be in accordance with the Storm Water Pollution Prevention Plan prepared by the Developer per the Notice of Intent on file with the State Water Resources Control Board".

2. Necessary interceptor ditches shall be concrete. Field inlets and storm drainage pipe may be necessary in conjunction with concrete interceptor ditches as secondary drainage releases. All interceptor ditches shall be privately maintained.

B. Storm Drainage Requirements

Per the City’s Facilities Planning Guidelines (dated June 2005), the flows must have the following characteristics:

For a 10-year design discharge: a hydraulic grade line (HGL) is no higher than 1.25 feet below the top of curb elevation at any manhole or inlet.

For a 100-year design discharge: a HGL does not exceed the top of curb elevation. (This is required for item 3 above.)

For additional detail on these guidelines, the applicant should refer to the following resources: City of Livermore Storm Drain Master Plan & City of Livermore Facilities Planning Guidelines (both available at the Engineering counter at City Hall).

EXHIBIT B
597

The Developer shall connect to the existing city storm drain line located along the southern boundary within the existing city storm drain easement without encroaching into the existing Caltrans right of way.

C. Stormwater Drainage Maintenance Funding

The cost to maintain all private storm drainage infrastructure installed with this project shall be funded by the Developer.

D. Stormwater Treatment, Detention and Trash Capture Requirements

1. The Developer shall treat the storm water runoff from this site prior to having the storm water enter the City’s storm water distribution system. Stormwater Treatment, Low Impact Development, and Trash Capture, is required by the Regional Water Quality Control Board. The Developer shall complete and or update the required Stormwater Quality Checklist. The Developer shall provide a storm water treatment plan with calculations indicating treatment that meets the latest requirements indicated in Section C.3 of the City’s NPDES Permit with the Regional Water Quality Control Board. Approval of this plan and calculations by the City is required prior to the approval of the building permit.

2. If this project is greater than one acre, the Developer shall provide a Hydrograph Modification Plan (HMP) with calculations in accordance with the Alameda Countywide Cleanwater Program (ACCWP) Bay Area Hydrology Model (BAHM) guidelines. The software for the design of control measures to meet the Flow Duration Control is available to download from www.bayareamodel.org. For additional information you may contact Debbie Salgado in the City’s Engineering Department at (925-960-4558)

3. Pr
ior to building permit approval, the applicant shall enter into a maintenance agreement with the City of Livermore for all storm water treatment devices deemed necessary on this site. If the stormwater treatment devices will be maintained by more than one property owner a cleanout will be necessary at the property lines to allow the property owners to maintain their portion of the private stormwater treatment system. If the stormwater treatment device will be maintained by a Business Association then the cleanouts or manholes at each of the property lines may not be needed. The stormdrain treatment devices shall be shown on an exhibit and included in the Operations and Maintenance Agreement. The Operations and Maintenance Agreement shall be recorded prior to occupancy.

E. Stormwater Treatment Infrastructure Maintenance Funding

EXHIBIT B
598
The cost to maintain all storm water treatment, detention and low impact development infrastructure installed with this project shall be funded by the Developer.

5. REQUIRED ON-SIT E SOURCE CONTROL STORMWATER MEASURES:

The Regional Water Quality Control Board adopted Order R2-2022-0018 issuing the Alameda Countywide NPDES municipal storm water permit for the Alameda Countywide Clean Water Program. The 17 member agencies, including Livermore, are subject to this permit and all its requirements including the following:

“The Permittees shall, as part of their continuous improvement process, submit enhanced new development and significant redevelopment Performance Standards that summarize source control requirements for such projects to limit pollutant generation, discharge, and runoff, to the maximum extent practicable…”

In accordance with this requirement, the following source control measures are included as part of these Conditions of Approval shall be implemented as a part of this project.

A. Structural Control Measures

1. Illegal Dumping to Storm Drain Inlets and Waterways

On-site storm drain inlets shall be clearly marked with the words “No Dumping! Flows to Bay” on a stainless steel marker. The stainless steel markers are available for purchase from the Water Resources Division. For ordering information, please call 925-960-8100. For projects with newly-developed, privately-maintained streets, agency staff will verify that storm drain inlets have been marked before the final sign- off on the project’s building permit or encroachment permit.

2. Interior Floor Drains (Not Used)

3. Parking Garages (Not Used)

4. Pesticide/Fertilizer Application and Irrigation

a. Landscaping shall be designed to minimize irrigation and runoff, promote surface infiltration where possible, minimize the use of fertilizers and pesticides that can contribute to storm water pollution, and incorporate appropriate Bay-Friendly Landscaping principles.

b. If a landscaping plan is required as part of a development project application, the plan shall meet the following conditions related to reduction of pesticide use on the project site:

EXHIBIT B
599
I. Where feasible, landscaping shall be designed and operated to treat storm water runoff by incorporating elements that collect, detain, and infiltrate runoff. In areas that provide detention of water, plants that are tolerant of saturated soil conditions and prolonged exposure to water shall be specified.

II. Plant materials selected shall be appropriate to site specific characteristics such as soil type, topography, climate, amount and timing of sunlight, prevailing winds, rainfall, air movement, patterns of land use, ecological consistency and plant interactions to ensure successful establishment.

III. Existing native trees, shrubs, and ground cover shall be retained and incorporated into the landscape plan to the maximum extent practicable.

IV. Unless otherwise specified, proper maintenance of landscaping shall be the responsibility of the property owner.

V. Integrated pest management (IPM) principles and techniques shall be encouraged as part of the landscaping design. Some examples of IPM principles and techniques include the following:

i. Select plants that are well adapted to soil conditions at the site. ii. Select plants that are well adapted to sun and shade conditions at the site.

Consider future conditions when plants reach maturity. Consider seasonal changes and time of day.
iii. Provide irrigation appropriate to the water requirements of the selected plants.
iv. Select pest and disease resistant plants.
v. Plant a diversity of species to prevent a potential pest infestation from affecting the entire landscaping plan.
vi. Use “insectary” plants in the landscaping to attract and keep beneficial insects.

VI. Landscaping shall also comply with City of Livermore’s “Water Efficient Landscape Ordinance”. However, areas of a site used for bio-swales or other landscaped areas that function as a storm water treatment measure shall be exempt from the Water Efficient Landscaping requirements.

VII. An efficient irrigation system shall be installed in areas requiring irrigation.

An example of an efficient irrigation system is one that includes a weather- based (automatic, self-adjusting) irrigation controller with a moisture and/or rain sensor shutoff, and in which sprinkler and spray heads are not permitted in areas less than 8 feet wide.

5. Pool, Spa, and Fountain Discharges (Not Used)

EXHIBIT B
600

6. Food Service Equipment Cleaning (Not Used)

7. Refuse Areas

a. New or redevelopment projects shall provide a roofed and enclosed area for dumpsters, recycling containers, compactors, and food waste containers. The area shall be designed to prevent water run-on to the area, to prevent runoff from the refuse area and to properly contain litter and trash. Dumpster leakage from covered food/trash compactor enclosures shall drain to the sanitary sewer via connection to an approved oil and grease interceptor device.

b. Runoff from trash enclosures, recycling areas, and/or food compactor enclosures or similar facilities shall not discharge directly to the storm drain system. Trash enclosure areas shall be designed to avoid run-on to the trash enclosure area. In most cases, drains are not permitted within trash enclosure areas. A drain, however, must be provided for compactors. If a drain is required in or beneath dumpsters, compactors, and tallow bin areas, it shall be connected to a grease removal device prior to discharging to the sanitary sewer.

8. Outdoor Process Activities/Equipment
1 (Not Used)

9. Outdoor Equipment/Materials Storage (Not Used)

10. Vehicle/Equipment and Commercial/Industrial Cleaning (Not Used)

11. Vehicle/Equipment Repair and Maintenance (Not Used)

12. Fuel Dispensing Areas (Not Used)

13. Loading Docks (Not Used)

14. Fire Sprinkler Test Water

Provisions shall be made in the project design and construction to allow for the discharge of fire sprinkler test water to an onsite vegetated area. If this is not feasible, provide for discharge to the sanitary sewer in accordance with current plumbing codes.

15. Miscellaneous Drain or Wash Water

a. Boiler drain lines shall be connected to the sanitary sewer system and may not discharge to the storm drain system.
1 Examples of businesses that may have outdoor process activities and equipment include machine shops and auto repair shops, and industries that have pretreatment facilities.

EXHIBIT B
601
b. For small air conditioning units, air conditioning condensate shall be directed to landscaped areas as a minimum BMP. For large air conditioning units, in new developments or significant redevelopments, condensation lines shall be connected to the sanitary sewer system, wherever feasible.

c. Roof drains shall discharge and drain away from the building foundation to landscaped areas wherever feasible.

d. Washing and/or steam cleaning activities must be performed at an appropriately equipped facility that drains to the sanitary sewer as specified in Section J. Any outdoor washing or pressure washing must be in compliance with the City’s Stormwater Management Program requirements and managed in such a way that there is no discharge of soaps or other pollutants to the storm drain system. The applicant shall contact the Water Resources Division for specific discharge requirements.

16. Architectural Copper Installation (Not Used)

B. OPERATIONAL BMPS

This section details Best Management Practices (BMP) that private property owners and/or the occupants of private property must implement following the construction of projects.

Ultimately, the responsibility for implementation of these BMPs rests with the property owners. The City of Livermore’s Source Control Program routinely performs inspections of industrial and commercial sites to verify BMP implementation and effectiveness.

1. Paved Sidewalks and Parking Lots

Sidewalks and parking lots shall be swept regularly to minimize the accumulation of litter and debris. Wash water resulting from the pressure washing of parking lots must be captured, pretreated (if necessary) to meet local discharge limits, and discharged to the sanitary sewer. Wash water resulting from the pressure washing of sidewalks may be allowed to drain to the storm drain system provided that (a) no soap or other cleaning agents are used, and (b) all debris are trapped and collected to prevent entry into the storm drain system. Under no circumstances shall wash water containing any soap or other cleaning agents be discharged to the storm drain system.

2. Vehicle/Equipment Repair and Maintenance (Not Used)

3. Fueling Areas (Not Used)

4. Loading Docks (Not Used)

5. On-site Storm Drains

EXHIBIT B
602
All on-site storm drains must be inspected and, if necessary, cleaned at least once a year immediately prior to the rainy season.

6. Architectural Copper Cleaning, Treating or Washing (Not Used)

6. STREETS:

A. The Developer shall install new separated bike lanes, striping, new bus turnout with a 6’x20’ LAVTA approved bus shelter, and sidewalk improvements from Doolan Road to Airway Blvd. along North Canyons Parkway as depicted on sheets C2.0, C4.0, and C5.0 of the proposed planning entitlement plan set for this project.

B. The Per the provisions of DA 24-003, the Developer shall apply for an encroachment permit with the City and Alameda County to install “No Parking” signs along the west side of Doolan Road and along both sides of Collier Canyon Parkway. Within the City limits, the “No Parking” signs shall extend north for a minimum of 900 feet from the southern end of Doolan Road. The language, spacing, and ultimate extent of signs along Doolan Road shall be done to the satisfaction of the City Engineer or Alameda County Public Works Agency, respectively.

C. The developer shall modify the existing 3-way traffic signal to a new 4-way traffic signal at the intersection of North Canyons Parkway and the project’s proposed new access driveway.

The modification shall include all required upgrades for a fully traffic actuated traffic signal per current City and Caltrans standards and using equipment as specified by the City Engineer. Traffic signals shall be in operation seven days prior to the occupancy.

7. STANDARD CONDITIONS:

A. The Developer shall field verify the locations of all existing utility systems (water, sewer, drainage, electric, gas, etc.) that are necessary for this project.

B. The Developer shall extend necessary utilities to this site so that this project can be connected to them.

C. Submit plans of all existing and proposed public improvements, sanitary sewer and water services, and on-site storm drainage, for review and approval prior to building permit issuance.

D. Construct underground utility services (electric, phone, etc.) to the site. These services are typically from the utility mains that are located along a site’s street frontage(s). The Developer shall note this work on the approved site plans.

E. Construct functional systems for on-site and off-site storm drainage, sanitary sewerage, and water.

EXHIBIT B
603

G. Intercept and dispose of existing drainage upgrade from the site by an approved storm drainage system to avoid off-site ponding or the concentration of the natural run-off along the periphery of the site. Complete sufficient off-site investigation to insure that the plans clearly delineate existing conditions.

H. Avoid conflict with flood hazard areas per the City Code.

I. Install a one-way cleanout on all 6-inch laterals to provide for cleaning the laterals from the cleanout to the sewer main.

J. Install fire hydrants per Fire Marshal’s recommendation.

K. This project is located within the reclaimed water service area, the irrigation system shall be connected to the reclaimed water system. If the Reclaimed water main is not currently located along the sight frontage of this project, the Developer shall extend the water main as necessary to connect to the main along said project site frontage.

L. Prepare a “Reclaimed Water Engineer’s Report”. (This development is within an area served by the City’s reclaimed water system.)

M. Obtain City approval and State Department of Health Services approval of the “Reclaimed Water Engineer’s Report” prior to issuance of a building permit.

M. Connect the fire hydrant service and the irrigation service to the City’s reclaimed water system.

N. A separate water meter(s) shall be provided for the irrigation of the landscaping.

O. Prior to removal of a 1-inch, a 1.5-inch, or a 2-inch water service, the Developer shall contact the City’s Water Resources Division at (925) 960-8100, and ask if the City would like to convert the service to a water sampling station. Existing water services (of any size) that will not be used by the proposed development shall be abandoned at the main unless the City wants to convert it to a water sampling station. Large services shall be abandoned by placing a blind flange on the tee at the main. Small services shall be abandoned by removing the corporation stop valve and by then installing the appropriate plug in the services. Any valves or meters on abandoned services shall be removed. The meters shall be returned to the Water Resources Division if they are not reused. The Developer shall coordinate water service installations and removals with the City’s Water Resources Division as well as with the public works inspector.

P. The fire service backflow preventer(s) shall be effectively screened from the public right- of-way while at the same time preserving ease of maintenance access to the backflow preventer(s). Screening shall be as specified on City Standard Detail W-10A, B and C. The

EXHIBIT B
604
fire service backflow preventer(s) shall meet the performance standards of the backflow preventer shown in City Standard Detail W-10A, B and C. The fire service(s) shall be located so that the fire service backflow preventer(s) can be screened without blocking sight distance at driveways and intersections.

Q. Provide adequate sight distance at all driveways and intersections. Monument signs and landscaping at driveways shall be located so that they don’t restrict the sight distance of exiting drivers. Landscaping and mounding in the sight distance area along the street shall be kept to a maximum height of 2.5 feet above the top of street curb. Tree branches in the area shall be trimmed to be a minimum of 8 feet above the top of the street curb.

R. A ll new driveways shall be street level driveways per City Detail ST-6. Driveway widths shall comply with Note 4 on City Detail ST-8.

S. (Not Used)

T. (Not Used)

U. (Not Used)

V. Utility cuts in the frontage street along this project will require a 1-1/2” overlay across the entire length of the affected street frontage(s) to water seal the street surface, to restore the ride quality of the street surface, and to restore the appearance of the street surface.

W. Modify signing and striping as necessary.

X. (Not Used)

Y. (Not Used)

Z. If the project is on a corner lot and the sidewalk does not already have a standard access ramp then the applicant shall construct a City standard access ramp.

AA. (Not Used)

BB. (Not Used)

CC. (Not Used)

DD. Show all necessary erosion control measures on the improvement plans. In addition, the following notes shall be included on the improvement plans:

1. Construction Operations - Dust shall be controlled. Wastewater generated during construction shall not be discharged to the storm drain system. This includes waste

EXHIBIT B
605
from painting, sawcutting, concrete work, etc. The contractor shall make arrangements to eliminate discharges to the storm drain system and, if necessary, provide an area for on-site washing activities during construction. Materials that could contaminate storm runoff shall be stored in areas that are designed to prevent exposure to rainfall and to not allow storm water to run onto the area.

2. Pavement Cleaning - Flushing of streets/parking lots to remove dirt and construction debris is prohibited unless proper sediment controls are used. Preferably, areas requiring cleaning should be swept.

EE. Prepare all public improvement plans in conformance with the latest edition of the following City of Livermore documents:

1. Standard Specifications and Details

2. Development Plan Check and Procedures Manual

FF. Submit for approval a cost estimate for the public improvements.

GG. Submit for approval a cost estimate for the public improvements. Prior to the issuance of a building permit for the site, the Developer shall provide cash or a check in the amount of the City approved cost estimate and a letter stating that the City of Livermore may put this money in a non-interest bearing trust account and may use this money at its discretion to correct safety problems if the Developer’s contractor leaves unsafe conditions while performing the work, and that the City could also use this money at its discretion to restore off site or public areas to a satisfactory condition if the Developer were to abandon the project when it was partially completed. If unused this money will be returned to the Developer when the City has accepted the public improvements.

HH. Submit a certificate of insurance in the form and with the coverages required by the City.

II. Obtain an Encroachment Permit from the City’s Permit Center at (925) 960-4440, prior to starting any public improvements. Construct all public improvements per City standard details and specifications.

JJ. (Not Used)

KK. Replace any broken or displaced curbs, gutters, sidewalks and driveways. The Engineering Division at (925) 960-4500 will mark the location of these defective facilities upon request by the Developer.

LL. Complete all public improvements prior to occupancy, except that the Developer may formally request to defer items that are not related to public safety. Any request to receive occupancy prior to the completion of all public improvements shall be submitted in writing to

EXHIBIT B
606
the City Engineer and shall include the reasons that justify the request, and the number of weeks after occupancy that are needed to complete the improvements. If the request is approved by the City Engineer, the Developer may submit a cash bond in the amount of 200% of the cost of the deferred improvements with a letter that states that if the Developer has not completed the improvements by the date established by the City Engineer, the Developer will forfeit the entire cash bond to the City. The Developer's letter shall also state that the Developer understands that the City will use the forfeited funds to complete the improvements, and that the Developer also understands that the City will retain any unspent portion of the funds for administrative expenses.

MM. Submit descriptions, plats and deed documents for all necessary right-of-way and easement dedications for review and approval. The City will only accept right-of-way and easement dedications after the improvements required over said dedications have been completed by the Developer and approved by the City. The Developer shall not receive approval for occupancy until required dedications have been accepted.

8. DEVELOPMENT FEES:

A. Pay current development fee rates as adopted by the City Council. (They may be adjusted from time to time to reflect the cost of providing a facility.) The fees shall be those that are in effect on the date the City receives a complete application for a building permit.

The City’s “Development Fees” information sheet has the following fees that apply to this project:

City Storm Drainage
County Storm Drainage – Building
County Storm Drainage - Public Improvements
Sanitary Sewer Connection
Encroachment Permit
Inspection for Public Improvements
Building Permit
Park Facilities Fee
City Water Connection
Alameda County Water Connection, Zone 7
Tax on Construction
Low Income Housing Impact (Commercial and Industrial)
Traffic Impact Fee
Improvement Plan Check Fee
Tri-Valley Transportation
Art in Public Places
General Plan Cost Recovery
Social and Human Services
School Impact Fees (contact the Livermore School District at (925) 606-3200.)

EXHIBIT B
607

9. INFORMATION FOR THE DEVELOPER:

There are City Municipal Code requirements regarding the quality of water that is discharged to the sanitary sewer and the storm drainage systems. The Developer should contact the City's Water Resources Division at (925) 960-8100.

FL:DES:MAP

Muni24-002 - Casino 580 Engineering conditions Final for PC 12-23-24

EXHIBIT B
608
1 ORDINANCE NO. _____

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA AN ORDINANCE AMENDING LIVERMORE MUNICIPAL CODE CHAPTER 5.20 CARDROOMS AND DEVELOPMENT CODE PART 11, CHAPTER 11.01

DEFINITIONS
(Municipal Code Amendment (MUNI) 24-002 and Development Code Amendment (DCA) 24-004)

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LIVERMORE DOES ORDAIN AS FOLLOWS:

Section 1. Public Hearing. The City Council has considered the findings made in Planning Commission Resolution Numbers 01-25 and 02-25, and hereby adopts the same findings by this reference and incorporates them herein, and based upon the City Council’s own independent review of the Record Evidence and considerations, it adopts this Ordinance.

Section 2. Environmental. The City Council considered the environmental review and adopted the Initial Study/Mitigated Negative Declaration for the Parkwest Casino 580 Expansion Project by Resolution [_______].

Section 3. Ordinance. Chapter/Section 5.20 Cardrooms, of the Livermore Municipal Code is hereby amended as set forth in Exhibit A attached hereto, and Part 11, Chapter 11.01, Definitions, of the Livermore Development Code is hereby amended as set forth in Exhibit B attached hereto.

Section 4. Consistency. The ordinance is consistent with the Livermore General Plan, any applicable specific plan, and the Livermore Development Code.

Section 5. Publication and Effective Date. This ordinance or a comprehensive summary thereof shall be published once in a newspaper of general circulation of the city of Livermore within 15 days after its adoption and shall take effect and be in force 30 days from and after its adoption.

Section 6. Filing. Planning Manager is directed to file a Notice of Determination with the Alameda County Clerk.

Section 7. Documents. The documents that constitute the record of proceedings upon which this decision is based on can be found in the City Clerk’s Office, 1052 S. Livermore Avenue, Livermore, California.

Section 8. Severability. If any part of this ordinance is declared unconstitutional or invalid by a court, such unconstitutionality or invalidity shall not affect any remaining parts.
609
2 ORDINANCE NO. _____
The foregoing ordinance was introduced at the meeting of the City Council of the City of Livermore held on February 24, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

The ordinance was adopted at the regular meeting of the City Council held on ______________________, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
Mayor, City of Livermore
ATTEST: APPROVED AS TO FORM:
___________________________ /s/ Katherine Mirassou
Deborah L. Elam Katherine Mirassou
City Clerk Assistant City Attorney
Exhibit A – Municipal Code Amendment
Exhibit B – Development Code Amendment
610
Chapter 5.20

CARDROOMS
Sections:

5.20.010 Cardroom defined.

5.20.015 Exception – Fundraisers by nonprofit organizations.

5.20.020 Chapter does not permit games prohibited by state law.

5.20.030 License – Required.

5.20.040 License – Application – Fingerprints required – Renewal – Continuing obligation to provide current information.

5.20.050 License – Only one two licenses per person – Transferability.

5.20.060 License – Fee – Exceptions.

5.20.070 License – Denial by Chief of Police – Grounds.

5.20.080 Change of location – Approval required.

5.20.090 Employee work permits – Required when.

5.20.100 Employee work permits – Application.

5.20.110 Employee work permits – Issuance restrictions.

5.20.120 Employee work permits – Term –Renewal not required upon change in place of employment.

5.20.130 Employee work permits – Denial conditions – Appeal.

5.20.140 Suspension and revocation of license and work permits.

5.20.150 Number of tables – Limitation.

5.20.160 Operation – Rules and regulations.

5.20.170 Patron safety and security.

5.20.010 Cardroom defined.

For the purpose of this chapter, a “cardroom” means any space, room or enclosure furnished or equipped with a table used or intended to be used as a card table for the playing of cards and similar games, and the use of which is available to the public or any portion of the public; provided, however, that this section shall not apply to any bona fide nonprofit society, club, fraternal, labor or other organization as defined in LMC 5.20.060. (Ord. 1883 § 1 (Exh. A), 2009; Ord. 1563 § 1, 1999)

EXHIBIT A
611

For the purpose of this chapter, a “standard services” cardroom is defined as a cardroom that is limited to operational rules and regulations as described in LMC Section 5.20.160(A) through LMC Section 5.20.160(P). For the purpose of this chapter, a “expanded services” cardroom is defined as a cardroom that may include additional services through a Development Agreement and Conditional Use Permit pursuant to LMC Section 5.20.160(Q).

5.20.015 Exception – Fundraisers by nonprofit organizations.

The regulations in this chapter shall not apply to a nonprofit organization, as defined by Business and Professions Code Section 19986(h), conducting a fundraiser using controlled games as a funding mechanism when the fundraiser is conducted in compliance with the requirements of Business and Professions Code Section 19986 and the regulations adopted by the Division of Gambling Control to effectuate that statute, and is preapproved by the Division of Gambling Control. A nonprofit organization shall obtain a temporary use permit as provided in the Livermore Development Code before conducting a fundraiser excepted from the regulations of this chapter. (Ord. 1901 § 3 (Exh. A § 12), 2010; Ord. 1883 § 1 (Exh. A), 2009)

5.20.020 Chapter does not permit games prohibited by state law.

The Council of the City declares that it is not the intention of this chapter to permit the licensing of any cardroom for the playing of any game prohibited by the laws of the state, including, but not limited to, those games enumerated in Section 330 of the Penal Code of the state, which section includes banking and percentage games. (Ord. 2065 § 1(A), 2018; Ord. 1883 § 1 (Exh. A), 2009; Ord. 1563 § 1, 1999)

5.20.030 License – Required.

A cardroom use may not be established by right. It is unlawful for any person, for himself, herself, or for any other person, to establish, own, or operate a cardroom in the City, unless the person first obtains the following:

A. A valid cardroom license from the City in compliance with this chapter; and B. All valid licenses required by the California Department of Justice, Division of Gambling Control and the California Gambling Control Commission pursuant to the

EXHIBIT A
612

Gambling Control Act (California Business and Professions Code Section 19800 et seq., as it may be amended from time to time) for the cardroom, each person who has a financial interest in the cardroom, and for all key employees as that term may be defined by the Gambling Control Act and both Division 18, Title 4 and Division 3, Title 11 of the California Code of Regulations. (Ord. 2065 § 1(A), 2018; Ord. 1883 § 1 (Exh. A), 2009; Ord. 1563 § 1, 1999); and
C. All necessary land use entitlements and building permits in conformance with the provisions of the Livermore Municipal Code and the Livermore Development Code.

Adequate on-site parking that is consistent with the requirements of the Livermore Development Code must be demonstrated as part of the land use entitlement process.

5.20.040 License – Application – Fingerprints required – Renewal – Continuing obligation to provide current information.

A. Any person who wishes to establish, own, or operate a cardroom within the City shall file with the Chief of Police a license application on a standard form supplied by the City and shall pay an application filing fee as established by resolution of the City Council.

The applicant has the responsibility and the burden to supply evidence to justify the grant of a cardroom license. If the applicant is other than an individual, an officer of the business entity or an individual with the majority interest therein shall sign the application. All applications shall include the following information:

1. Identifying information:
a. If the applicant is an individual, the individual shall state his or her legal name, including any aliases, and address, and submit satisfactory written proof that he or she is at least 18 years of age.
b. If the applicant is a partnership, the applicant shall state the partnership’s complete name, the address for the partnership’s principal place of business, the names and current addresses of all partners, and whether the partnership is general or limited. The applicant shall also attach to the application a current copy of the partnership agreement.

EXHIBIT A
613

c. If the applicant is a corporation, the applicant shall state the corporation’s complete name and corporate identification number, the state of incorporation, the date of its incorporation, evidence that the corporation is qualified to do business and in good standing under the laws of California, the names, addresses, and capacities of all officers and directors, the names of any related parent or subsidiary corporations, and the name of the registered corporate agent and the address of the registered office for service of process. d. If the applicant intends to operate the cardroom under any name other than that of the applicant, the applicant shall file and maintain a fictitious business name statement in Alameda County. The applicant shall also attach to the application proof of registration of the fictitious name.

2. The applicant’s telephone number and address to which correspondence related to the application, including the notice of action, is to be delivered.

3. The street address, building number, and assessor’s parcel number for the location where the proposed cardroom is to be established.

4. The applicant shall sign the application under penalty of perjury stating that the information contained in the application is true and correct.

5. The applicant also shall complete and sign the standard background investigation form supplied by the Livermore police department, and provide the following information and documents:
a. The full name and aliases, current home address, date of birth, social security number, and a copy of the driver’s license or identification card issued by a state Department of Motor Vehicles for the applicant and each person who has a financial interest in the cardroom;
b. The past criminal record, if any, of the applicant and of all persons financially interested in the cardroom;

EXHIBIT A
614

c. A passport-size photograph and the fingerprints of the applicant and of all persons financially interested in the cardroom taken by the Livermore police department;
d. The employment history, business, or occupation of the applicant for the three-year period immediately preceding the date the application is submitted; and
e. The residential and employment, business or occupation address for the applicant, each person who has a financial interest in the cardroom, all key employees, and all partners and controlling members of a corporation which will establish, own, and operate the cardroom.

6. A copy of each license issued by the California Department of Justice, Division of Gambling Control and the California Gambling Control Commission pursuant to the California Gambling Control Act, for the cardroom, for each owner who has a financial interest in the cardroom, and for each employee that was issued a license but is not required to obtain an employee work permit from the City pursuant to LMC Section 5.20.090.

7. Any approval by the California Department of Justice, Division of Gambling Control of an agent for the applicant along with the true names and addresses of any such agent.

8. Proof of registration of the cardroom by the California Department of Justice pursuant to the Gambling Control Act and Chapter 6, Division 1, Title 11 of the California Code of Regulations.

9. A plan for the security and safety of patrons as required by LMC Section

5.20.170.

B. If an applicant has applied to the California Department of Justice, Division of Gambling Control and the California Gambling Control Commission for a license or registration required by the Gambling Control Act, but the state has not issued the license and registration prior to the applicant’s application for a city cardroom license, the applicant shall provide the Chief of Police with true and correct copies of the

EXHIBIT A
615

completed applications furnished to the state. However, the applicant shall submit a true and correct copy of each license and registration prior to the City’s issuance of a cardroom license.

C. A city-issued cardroom license shall be valid for a period of one year, unless revoked or suspended by the Chief of Police, or surrendered by a licensee. Any valid city cardroom license in effect on January 1, 2009, shall be deemed to have been awarded pursuant to this chapter on that date and shall expire December 31, 2010, unless revoked, suspended, or renewed prior to that date.

D. A cardroom licensee shall be under a continuing obligation to provide the Chief of Police current information regarding the items required by subsection A of this section.

Applicant shall notify the Chief of Police within 10 calendar days of any changes to the items required by subsection A of this section, except for changes to a criminal record which shall be provided within 48 hours of any change.

E. A valid city cardroom license may be renewed in accordance with the following process:

1. The licensee shall file with the Chief of Police a renewal application no later than 60 days before the anniversary date of the license to be renewed, otherwise the licensee must submit an application for a new license;

2. The renewal application shall include the information required by subsection A of this section and comply with this chapter;

3. The renewal application shall include the following statement signed by the applicant under penalty of perjury:

I hereby state that the cardroom has been operated consistent with this chapter and/or the Gambling Control Act at all times during the term of the license to be renewed; and that there has been no change in the fitness of the following persons to establish, own or operate a cardroom: each person who established, owned, or operated or had a financial interest in the cardroom, all key employees, and all partners and controlling members of a corporation.

EXHIBIT A
616

Dated:_____ Signed:________________

4. The Chief of Police shall renew the cardroom license for an additional one-year term unless he or she finds the cardroom was not operated consistent with the requirements of this chapter and the Gambling Control Act or sufficient grounds exist pursuant to LMC Section 5.20.070 to deny the renewal application. (Ord. 2065 § 1(A), 2018; Ord. 1883 § 1 (Exh. A), 2009; Ord. 1563 § 1, 1999)

5.20.050 License – Only one two licenses per person – Transferability.

No person shall be granted a license to conduct more than one cardroom. A person may be granted up to a maximum of two cardroom licenses by the Chief of Police. Each cardroom license shall require a separate application and approval. No cardroom license shall be assignable or transferable. (Ord. 1883 § 1 (Exh. A), 2009; Ord. 1563 § 1, 1999)

5.20.060 License – Fee – Exceptions.

A. A fee charged for a cardroom license, and any renewal thereof, shall be set by resolution in an amount to cover the actual cost incurred in administering the provisions of this chapter.

B. This fee shall be in addition to the business license tax imposed by LMC Section

3.08.060.

C. A nonprofit society, club, or fraternal, labor, or other organization having adopted bylaws and duly elected directors and members may be granted a license without fee by the Chief of Police when it appears the tables are for the exclusive use of members of the society, club, or fraternal, labor or other organization and no charge is made for any of the facilities.

D. A nonprofit organization as defined by Business and Professions Code Section 19986(h) may be granted a license without fee by the Chief of Police to conduct a fundraiser provided the fundraiser is approved by the California Department of Justice, Division of Gambling Control, and satisfies the regulations in both California Business and Professions Code Section 19986 and Chapter 1, Division 3, Title 11 of the

EXHIBIT A
617

California Code of Regulations, as those regulations may be amended from time to time. (Ord. 2065 § 1(A), 2018; Ord. 1883 § 1 (Exh. A), 2009; Ord. 1563 § 1, 1999)

5.20.070 License – Denial by Chief of Police – Grounds.

A. The Chief of Police shall deny any application for a cardroom license if:

1. The operation of a cardroom at the proposed location will aggravate the crime problems in the area, or otherwise be detrimental to crime prevention or be detrimental to the public peace, health, welfare or safety in the area; or

2. A report of the Chief of Police, fire chief, building official, or planning manager indicates that issuance of the license would result in a violation of the laws or regulations administered by those officials; or

3. The applicant, its owners, officers, or employees are unfit to operate a cardroom business. In making such determination, the Chief of Police may consider:
a. The commission of any acts by the applicant, its owners, officers, or employees involving dishonesty, fraud, or deceit with the intent to benefit substantially oneself or another, or substantially injure another; b. The license and permit history of the applicant, its owners, officers, and employees, and whether such person in previously operating in this or another state under a license or permit has had such license or permit revoked, denied, or suspended, the reasons for such action, and the resulting actions of such persons;
c. Any previous convictions of the applicant, its owners, officers, and employees for any crimes involving dishonesty, fraud, or the use of narcotics; or

4. The applicant has failed to comply with or is not in conformance with any of the provisions of the Livermore Municipal Code, the Livermore zoning ordinanceDevelopment Code, or other laws, permits or land use approvals applicable to the premises, equipment, or operation of the business for which a permit is requested; or

EXHIBIT A
618

5. The applicant has knowingly made false statements in the application; or

6. The applicant has failed to obtain or maintain a license or registration required by the Department of Justice, Division of Gambling Control, or the California Gambling Control Commission.

B. The action of the Chief of Police in denying such a license shall be subject to an appeal before to the City Manager in accordance with the provisions of LMC Chapter

1.22. An appeal shall be filed with the city clerk within 10 days after the denial of such license in accordance with the provisions of LMC Chapter 1.22. Upon failure to file such notice within the 10-day period, the action of the Chief of Police in denying such license shall be final and conclusive. (Ord. 2065 § 1(A), 2018; Ord. 1883 § 1 (Exh. A), 2009; Ord. 1563 § 1, 1999)

5.20.080 Change of location – Approval required.

No licensed cardroom may be moved to a new location within the City without prior approval by the Chief of Police. In addition to the requirements of this chapter, all cardroom locations must meet Development Code and all other applicable city requirements. (Ord. 2065 § 1(A), 2018; Ord. 1901 § 3 (Exh. A § 13), 2010; Ord. 1883 § 1 (Exh. A), 2009; Ord. 1563 § 1, 1999)

5.20.090 Employee work permits – Required when.

Cardroom employees must obtain a work permit from the Chief of Police. “Cardroom employees,” for the purpose of this chapter, are defined as dealers, overseers and others directly connected with the operation and supervision of the card tables. The term “cardroom employees” does not include waitressesservers, bartenders, culinary workers, and other employees not connected with the operation and supervision of a cardroom and whose duties do not require or authorize access to restricted areas. (Ord. 2065 § 1(A), 2018; Ord. 1883 § 1 (Exh. A), 2009; Ord. 1563 § 1, 1999)

5.20.100 Employee work permits – Application.

A. Applications for cardroom employee work permits shall be submitted under oath and contain the past criminal record, if any, of the applicant and any other information required by the Chief of Police.

EXHIBIT A
619

B. The application shall also be accompanied by:

1. A photograph and fingerprints of the applicant.

2. A copy of a work permit issued by the California Gambling Control Commission pursuant to the California Gambling Control Act. (Ord. 2065 § 1(A), 2018; Ord. 1883 § 1 (Exh. A), 2009; Ord. 1563 § 1, 1999)

5.20.110 Employee work permits – Issuance restrictions.

A work permit shall be issued only to citizens ofindividuals authorized to work in the United States who have resided in the state of California for at least one year immediately preceding the submission of a work permit application. (Ord. 1883 § 1 (Exh. A), 2009; Ord. 1563 § 1, 1999)

5.20.120 Employee work permits – Term –Renewal not required upon change in place of employment.

A. Each application for a work permit shall be accompanied by a fee, the amount of which shall be set by resolution in an amount to cover the actual costs of administration.

The work permit shall be valid for a period of one year. The fee shall not be returned in the event that the work permit is refused, revoked or suspended as provided in this chapter.

B. Only one work permit shall be required each year, even though the holder of the work permit may change his their place of employment within the City. (Ord. 2065 § 1(A), 2018; Ord. 1883 § 1 (Exh. A), 2009; Ord. 1563 § 1, 1999)

5.20.130 Employee work permits – Denial conditions – Appeal.

A. The Chief of Police shall deny any such applicant a work permit if:

1. The applicant has previously been convicted of a felony or misdemeanor involving theft, dishonesty, fraud, or the use of narcotics; provided, however, that he or she may disregard such conviction if he or she finds and determines that mitigating circumstances exist, such as, but not limited to, evidence of rehabilitation, length of time elapsed since such conviction, the age of such person

EXHIBIT A
620

at the time of conviction, or the fact that the permit applied for is unrelated to such conviction; or

2. Any of the grounds for denial by the Gambling Commission, set forth in Business and Professions Code Section 19859, are present; or

3. The applicant has not obtained a work permit required by the California Gambling Control Commission as required by the Gambling Control Act or Chapter 2, Division 18, Title 4 of the California Code of Regulations, as those regulations may be amended from time to time.

B. In addition, pursuant to California Business and Professions Code Section 19912, the Department of Justice, Division of Gambling Control, may object to the issuance of a work permit, in which case the application shall be denied.

C. The action of the Chief of Police in denying such a work permit shall be subject to an appeal to the City Manager in accordance with the provisions of LMC Chapter 1.22 LMC. An appeal shall be filed in accordance with the provisions of LMC Chapter 1.22 after the denial of such permit. Upon failure to file such notice, the action of the Chief of Police in denying such permit shall be final and conclusive. (Ord. 2065 § 1(A), 2018; Ord. 2052 § 1(H), 2017; Ord. 1883 § 1 (Exh. A), 2009; Ord. 1563 § 1, 1999)

5.20.140 Suspension and revocation of license and work permits.

A. The Chief of Police shall have the right for cause, after notice and a hearing, to revoke or suspend any cardroom license or cardroom work permit issued under this chapter, and to take possession of such permit. Any grounds upon which the Chief of Police shall be required to refuse to issue an initial cardroom license or cardroom work permit shall also constitute grounds for such revocation or suspension. In addition, the failure of a holder of a cardroom license or cardroom work permit to comply with the provisions of this chapter shall also constitute grounds for revocation or suspension of such license or work permit.

EXHIBIT A
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B. The Chief of Police shall also have the right to revoke or suspend any cardroom license or cardroom work permit by reason of abandonment by the licensee under the following conditions:

1. The operation of a cardroom has not commenced within one year after the issuance of the city cardroom license; or

2. The cardroom has failed to operate for a period of six consecutive months.

C. Before revocation or suspension, the Chief of Police shall notify the cardroom operator of his or her intent to revoke or suspend the cardroom license or cardroom work permit issued under this chapter, and to take possession of such permit. The notice shall list the grounds for the proposed revocation or suspension.

Within 10 days of the mailing of the notice, the cardroom operator may request a hearing with the City Manager, which shall be conducted within 30 days of the request.

After the hearing, the City Manager may either uphold or overturn the decision of the Chief of Police. If no hearing is requested within 10 days of the mailing of the notice, the proposed revocation or suspension shall take effect.

D. Notwithstanding the provisions set forth in LMC Chapter 1.22, tThe decision of the City Manager in this respect shall be subject to an appeal to the City Council. An appeal shall be filed with the City Manager within 10 days after the revocation or suspension.

Once an appeal is filed, the license is suspended until the appeal is processed and a final decision is rendered by the City Council. The City Council shall consider the appeal within 60 days of the appeal filing. Upon failure to file an appeal within the 10-day period, the decision of the City Manager shall be final and conclusive. (Ord. 2065 § 1(A), 2018; Ord. 1883 § 1 (Exh. A), 2009; Ord. 1563 § 1, 1999)

5.20.150 Number of tables – Limitation.

The total number of tables allowed within the City shall be limited to one table per 4,200 residents of the City of Livermorea total of 2832 tables. Each standard services cardroom, as defined in LMC Section 5.20.010, is limited by LMC Section 5.20.160(D) to a maximum of 10 tables. A cardroom operator may apply to the Chief of Police for an expanded services cardroom, as defined in LMC Section 5.20.010. Each expanded

EXHIBIT A
622

services cardroom is limited by LMC Section 5.20.160(Q) to a maximum of 16 tables. If the cardroom has an existing Development Agreement and Conditional Use Permit governing its use, the City, in its sole discretion, may require the cardroom to enter into an amended Development Agreement and Conditional Use Permit.

When the Chief of Police determines that an additional card table is available based upon the population total number of tables permitted in the City of Livermore, he or she shall give notice to existing validly licensed expanded services cardrooms having less than the maximum number of tables allowed pursuant to LMC Section 5.20.160(DQ) that they are eligible to apply for the additional card table. The City, in its sole discretion, may require the expanded services cardroom to enter into an amended Development Agreement and Conditional Use Permit prior to approving an additional card table. An amended Development Agreement and Conditional Use Permit may include but are not limited to amended terms, provision of public benefit, and conditions of approval. In the event that two or more expanded services cardrooms are equally eligible to receive the additional card table, the Chief of Police shall award the additional table by drawing lots.

In the event more than one existing cardroom is eligible and applies for the additional card table, the Chief of Police shall first offer the additional card table to the cardroom that has executed a development agreement pursuant to LMC 5.20.160(Q). In the unlikely event that two or more cardrooms are equally eligible to receive the additional card table, the Chief of Police shall award the additional table by drawing lots.

In the event no eligible expanded services cardroom applies for the additional card table within 180 days after the Chief of Police delivers notice of its availability, the additional card table shall become available for use on a first come, first served basis by a new standard services cardroom obtaining a license consistent with the terms and conditions of this chapter. (Ord. 2065 § 1(A), 2018; Ord. 1883 § 1 (Exh. A), 2009; Ord. 1563 § 1, 1999)

5.20.160 Operation – Rules and regulations.

It is unlawful to operate a cardroom in violation of any of the following regulations and rules:

A. Not more than one cardroom shall be located at any one address.

EXHIBIT A
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B. Neither the operator nor any employee of a cardroom shall extend credit to a player, nor shall they accept IOUs or other notes, or otherwise loan money to any person on any ring, watch or other article of personal property for the purpose of securing tokens, chips or other representatives of money as an ante.

C. No games, except lowball, draw poker, without variations as defined by Hoyle, pinochle, pangini, rummy, contract or auction bridge, and Texas hold ‘em, shall be played in any cardroom, and the rules and manner of play for such games shall be consistent with LMC Section 5.20.020.

D. Not more than 10 of the total number of tables allowed pursuant to LMC Section

5.20.150 shall be permitted in any single cardroom, except as allowed in LMC Section

5.20.160(Q).

E. No more than eight players shall be permitted at a table, except as allowed in LMC Section 5.20.160(Q).

F. Cardrooms shall be located on the ground floor and so arranged that at least 25 percent of the cardroom shall be plainly visible from the front door opening when such is opened. No wall, partition, screen or similar structure between the front door opening on the street and any card table located in the cardroom shall be permitted if it interferes with such visibility.

G. No person under 21 years of age shall be permitted at any card table or participate in any game played thereat. No person under age 21 shall be permitted to remain in a cardroom.

H. Except as allowed in Section 520.160(Q), cCardrooms may operate seven days a week, with the following daily schedule: Monday, Tuesday, Wednesday and Thursday, from 10:00 a.m. to 2:00 a.m., and Friday from 10:00 a.m. continuous to 2:00 a.m.

Monday morning, unless the Chief of Police determines that a reduction in the hours is necessary due to the number of calls for service or the inability of the licensee to implement a security plan acceptable to the Chief of Police. The Chief of Police has the discretion to give written approval to the continuous operation of a standard services or expanded services cardroom on national holidays or for tournament play.

EXHIBIT A
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I. All cardrooms shall be open to police inspection during all hours of operation.

J. Only table stakes shall be permitted. Each game shall have a maximum single bet of $20.00, except as allowed in Section 5.20.160(Q).

K. The cardroom shall have assigned to it a person holding a valid card table work permit, whose duty it shall be to supervise the game and to see that it is played strictly in accordance with the terms of this chapter and with the provisions of the Penal Code of the state. This person may have more than one table under his supervision. The licensee may act as a table operator or supervisor without having a work permit.

L. There shall be posted at every cardroom, in letters plainly visible from all parts thereof, signs stating that no game except lowball, draw poker without variations as defined by Hoyle, pinochle, pangini, rummy, contract or auction bridge, or Texas hold ‘em shall be played in the cardroom. These signs shall also contain such other information relating to the regulations contained herein as the Chief of Police may require. A copy of this chapter shall also be conspicuously posted.

M. No person who is in a state of intoxication shall be permitted in any cardroom.

N. Loitering about the card tables shall not be permitted.

O. Cardrooms shall be operated consistent with the regulations established by the California Department of Justice, Division of Gambling Control and the California Gambling Control Commission for the operation of gambling establishments.

P. Each licensed cardroom may offer tournament play events with the prior written approval of the Chief of Police. A cardroom licensee shall give the Chief of Police notice at least five 14 calendar days before the event. The notice shall include and provide athe day(s) of the tournament, a list of games that will be played during the tournament, a security plan, and a parking plan to be approved in writing by the Chief of Police. All tournament play shall comply with the bet limits, number of players, number of tables, and all other provisions of this chapter and such conditions as may be imposed by the Chief of Police.

EXHIBIT A
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Q. A cardroom may offer expanded services, subject to the approval of a conditional use permit and a development agreement in conformance to the Livermore Development Code. The development agreement shall assure the cardroom of the expanded services, subject to conditions, and define the community benefit to be provided by the cardroom operator. If the cardroom has an existing Development Agreement and Conditional Use Permit governing its use, the City, in its sole discretion, may require the cardroom to enter into an amended Development Agreement and Conditional Use Permit prior to approving the expanded services pursuant to this subsection. An amended Development Agreement and Conditional Use Permit may include but are not limited to amended terms, provision of public benefit, and conditions of approval. The Chief of Police may revoke or suspend the expanded services for a cardroom following the same provisions for the suspension and revocation of license and work permits of LMC Section 5.20.140. All provisions of this chapter shall apply to an expanded services cardroom, except the following expanded services may be permitted:

1. A cardroom may operate up to a ma ximum of 16 card tables within one establishment.

1.2. Any game approved not prohibited by the California Department of Justice, except Pai Gow played with tilesas set forth in LMC Section

5.20.020, is permitted with the written consent of the Chief of Police. There shall be posted at every cardroom, in letters plainly visible from all parts thereof, stating the permitted games.

2.3. Not more than 10 seated players and 10 standing or “backline bettors” shall be permitted at the table. For purposes of this section, “backline bettors” shall mean standing players placing a wager on the seated player’s bets.

3.4. Cardrooms may operate 24 hours per day, seven days a weekexcept for a nine-hour period on Monday between 2:00 a.m. and 11:00 a.m. The Chief of Police has the discretion to give written approval to the continuous operation of a cardroom on Monday for national holidays or for tournament play, provided the cardroom is closed during another nine-hour period during the week.

4.5. Each game shall have a maximum single bet of $200.001,000.00.

EXHIBIT A
626

R. Cardrooms shall conform to the Livermore Development Code. (Ord. 2065 § 1(A), 2018; Ord. 1901 § 3 (Exh. A § 14), 2010; Ord. 1892 § 1, 2009; Ord. 1883 § 1 (Exh. A), 2009; Ord. 1563 § 1, 1999)

5.20.170 Patron safety and security.

Each cardroom licensee shall be responsible for the security and safety of patrons in the cardroom and in and around off-street parking areas and shall:

A. Provide at least one security guard in distinctive uniform attire not resembling the uniforms worn by the Livermore police department during all hours when the cardroom is open for business; and
B. Present and implement a security plan acceptable to the Chief of Police. (Ord. 2065 § 1(A), 2018; Ord. 1883 § 1 (Exh. A), 2009; Ord. 1563 § 1, 1999)

EXHIBIT A
627
Livermore Development Code Text Amendment
Development Code Amendment (DCA) 24-004
A
mend Part 11, Deﬁnitions, of the Livermore Development Code, as follows:

Cardroom. A space, room or enclosure furnished or equipped with a table used or intended to be used for the playing of cards and similar games, and the use of which is available to the public or any portion of the public; does not apply to a nonproﬁt society, club, fraternal, labor or other organization as deﬁned in LMC 5.20.015.

EXHIBIT B
628
Rev. 08.23.23 ORDINANCE NO. ___

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT WITH CASINO 580, LLC FOR THE PARKWEST CASINO 580 EXPANSION PROJECT
(Development Agreement 24-003)
THE CITY COUNCIL OF THE CITY OF LIVERMORE DOES ORDAIN AS FOLLOWS:

Section 1. Authority. Pursuant to Government Code Section 65864 et seq., the City Council considers that certain document under City Application No. Development Agreement 24-003 and entitled “Development Agreement for Parkwest Casino 580 Expansion Project (“Development Agreement”). The Development Agreement is attached as Exhibit A.

Section 2. Recommendation. The Planning Commission held a duly noticed public hearing on January 7, 2025 to consider adoption of the Development Agreement and by its Resolution No. 02-25, recommended that the City Council approve the Development Agreement.

Section 3. Environmental Review. The City Council considered the environmental review and adopted the Initial Study /Mitigated Negative Declaration for Parkwest Casino 580 Expansion Project by Resolution No.[___].

Section 4. Consistency. Development Agreement 24-003 is consistent with the General Plan, any applicable specific plan, and the Livermore Development Code Chapter 9.04.

Section 5. Approval. The City Council has considered the findings made by the Planning Commission for adoption of the Development Agreement in Planning Commission Resolution No. 02-25, and hereby adopts the same findings by this reference and incorporates them as part of this resolution, and based on the City Council’s own independent review and considerations, hereby approves Development Agreement 24-003.

Section 6. Signing Authority. The City Manager is hereby authorized to sign the Development Agreement, attached hereto as Exhibit A, on behalf of the City of Livermore.

Section 7. Publication and Effective Date. This ordinance or a comprehensive summary thereof shall be published once in a newspaper of general circulation of the city of Livermore within 15 days after its adoption and shall take effect and be in force thirty days from and after its adoption.

Section 8. Filing. Planning Manager is directed to file a Notice of Determination with the Alameda County Clerk.
629
Rev. 08.23.23 ORDINANCE NO. ___
Section 9. Recording. The City Clerk is directed to record the Development Agreement within 10 days after the effective date of the Development Agreement.

Section 10. Documents. The documents that constitute the record of proceedings upon which this decision is based on can be found in the City Clerk’s Office, 1052 S. Livermore Avenue, Livermore, California.

Section 11. Severability. If any part of this ordinance is declared unconstitutional or invalid by a court, such unconstitutionality or invalidity shall not affect any remaining parts.

The foregoing ordinance was introduced at the meeting of the City Council of the City of Livermore held on February 24, 2025, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

The ordinance was adopted at the regular meeting of the City Council held on ______________________, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
________________________________
Mayor, City of Livermore
ATTEST: APPROVED AS TO FORM:
___________________________ /s/ Katherin Mirassou__________ Deborah L. Elam Katherine Mirassou
City Clerk Assistant City Attorney
Exhibit A – Development Agreement
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APN 905-16-87
C: tti
r---------10
Property Description
APN 905-16-86
I APN 905-9-13-3
APN 905-16-88
Interstate 580 Eastbound

A LEGIBLE COPY OF THIS GRAPHIC CAN BE FOUND ON FILE WITH

THE COMMUNITY DEVELOPMENT DEPARTMENT, PLANNING
DIVISION - 1052 S. LIVERMORE AVE., LIVERMORE, CA 94550

EXHIBIT A
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26 A LEGIBLE COPY OF THIS LANDSCAPE PLAN CAN BE

FOUND ON FILE WITH THE COMMUNITY

DEVELOPMENT DEPARTMENT, PLANNING DIVISION -
1052 S. LIVERMORE AVE., LIVERMORE, CA 94550

EXHIBIT A
671

CITY OF LIVERMORE

ENGINEERING CONSIDERATIONS

EXHIBIT B
Date: December 23, 2024
LOCATION: 950-968 North Canyons Parkway & unaddressed vacant property to the east of 950-968 North Canyons Parkway
DEVELOPER: Monument Properties Livermore LLC
PLANNING REFERRAL #: MUNI 24-002, DCA 24-004, DA 24-003, CUPM 24-001, SPDRM 24-024, & SPDR 24-010
Note: Specific conditions are shown in large type. Standard conditions that apply to this project are shown in italic type.

1. DEFINITIONS:

For the purpose of this agreement, the following words shall have the meanings respectively ascribed to them by this section:

Developer: Person(s) or Corporation(s) that will obtain permits for construction Improvement Plans: Construction drawings for required public and private improvements Services:

Project:

Utility lateral, or any portions of a conduit cable or duct, between a utility distribution line and the site it serves
The work to be performed by Developer

2. PROJECT ENTITLEMENTS
A The project shall be in conformance with all City Ordinances, rules, regulations, and policies. The conditions listed below are particularly pertinent to this permit and shall not be construed to permit violation of other laws and policies not so listed.

B. Approval or conditional approval of the above listed entitlements and agreement shall not supersede these Engineering Considerations and any applicable City Standards nor limit the City's Engineer's ability to require workable designs on future grading and improvement plans based upon these Engineering considerations and the City's Standard engineering specifications and details.

3. SPECIFIC CONDITIONS:

The Developer shall comply with the following conditions:
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41 41

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686

CITY COUNCIL STAFF REPORT
ITEM NO. 6.2

DATE:

February 24, 2025
TO:

Honorable Mayor and City Council
FROM:

Brent Smith, Community Development Director
SUBJECT:

Hearing to authorize negotiation of a Development Agreement with the Adventus Corporation to secure community benefits associated with requested land use designation changes to be considered as part of the proposed General Plan Update.

Location: 3658 Las Colinas Road.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution authorizing staff to proceed with negotiating terms for a Development Agreement (DA24-004) with the Adventus Corporation to secure community benefits associated with requested land use designation changes to be considered by the City Council at a later date as part of the proposed General Plan Update.

SUMMARY
On December 9, 2024, the Adventus Corporation submitted a Development Agreement application requesting land use designation changes on its 122-acre property, located at 3658 Las Colinas Road, north of Interstate 580 in the Springtown neighborhood (Attachment 1, Location Map). The existing General Plan land use designation for the site is Limited Agricultural with a floating Community Facilities – High School designation. As part of the General Plan Update, the property owner is requesting to change the land use designation to Hillside Conservation with a floating Medium Density Residential designation.

Before deciding on the re-designation of the property as part of the General Plan Update (City Council
final adoption of the Update is anticipated in the first quarter of 2026), staff recommends that the City
Council authorize the negotiation of a Development Agreement with the property owner. The property owner is agreeable to this, and staff would pursue terms and timing of community benefits through a combination of trails and park improvements, permanent conservation of open space, financial contributions to public facilities and amenities, other public infrastructure enhancements, and contributions to the Community Benefit Fund. The Livermore Development Code requires advance City Council authorization for staff to proceed with these negotiations and to confirm the general subject areas of negotiation.
687

DISCUSSION
In October 2005, the City entered into a Development Agreement with the property owner for the 122- acre project site at 3658 Las Colinas Road. The Development Agreement, along with a concurrently approved Conditional Use Permit, authorized the development of a private high school campus on a portion of the project site consistent with the 2003 General Plan land use designation of Limited Agriculture with a floating Community Facilities – High School designation. However, since the execution of the original Agreement, the high school development has not come to fruition, and the site remains undeveloped.

With the existing Development Agreement set to expire in December 2025, the property owner submitted a new Development Agreement application on December 9, 2024. The application seeks to obtain residential land use rights on a portion of the property and is requesting redesignation of the site to Hillside Conservation with a floating Medium Density Residential designation (14-18 dwelling units per acre) to be considered as part of the General Plan Update. This proposal would limit the residential designation and buildable area to a similar footprint as the previously approved private high school campus (approximately 35 acres).

No specific development is proposed as part of the Development Agreement application. Staff is recommending the General Plan Update have policies for this site to require additional localized planning in the form of a Neighborhood Plan (similar to the Brisa or Arroyo Vista neighborhoods) or Planned Development zoning to address site issues, natural features, circulation, and compatibility with the adjacent neighborhood.

It is anticipated the City Council will consider the final Development Agreement concurrently with the General Plan Update. Subsequent to Development Agreement approval, the property owner or any subsequent applicants will be required to initiate development of a Neighborhood Plan (which will include neighborhood outreach) and seek City approval of the Plan. Subsequent to Neighborhood Plan approval, the landowner can submit applications for a Tentative Tract Map and Site Plan Design Review to actually develop the site.

Staff does not recommend the City Council consider land use designation changes without understanding the tradeoffs. Staff finds that additional community benefit is necessary to justify the change in land use designation. In January 2024, the Council adopted the Community Benefit Policy and established the Community Benefit Fund. The policy established expenditure categories including economic incentive programs and investment in public facilities. Staff recommends City Council authorize staff to negotiate a Development Agreement to establish terms and timing for a combination of public benefits such as trails and park improvements, permanent conservation of open space, financial contributions to public facilities and amenities, other public infrastructure enhancements and financial contributions to the Community Benefit Fund.

The Livermore Development Code Chapter 9.04 requires City Council authorization for staff to proceed with negotiating a Development Agreement. Review of the Agreement together with the General Plan Update will provide the City Council and the public a more complete understanding of the intended land uses changes and enable a better-informed decision-making process.

688

ENVIRONMENTAL DETERMINATION

Authorization to negotiate a Development Agreement does not constitute a project for the purposes of the California Environmental Quality Act (CEQA) per section 21065 of the California Environmental Quality Act and CEQA Guidelines. Therefore, no environmental review under CEQA is required for the recommended action. Future land use designation changes approved as part of the General Plan Update will be examined in its associated Environmental Impact Report.

FISCAL AND ADMINISTRATIVE IMPACTS

Authorization includes costs associated with allocation of staff resources in negotiating terms and timing of a Development Agreement. The Development Agreement application fees paid by the applicant are meant to offset these costs.

COMMUNITY PILLAR

5: A City That Works

GOAL
17:

Ensure effective use of public resources

ATTACHMENTS

1. Location Map

2. Resolution

Prepared by: Shannon
Pagan
Assistant Planner

Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
689
City of Livermore
This map is based on City of Livermore GIS
Information and reflects the most current information
at the time of this printing. The map is intended for
reference purposes only and the City and its staff is
not responsible for errors.
16,000Livermore IT, GIS Services
2,666.7
1:NAD_1983_2011_StatePlane_California_III_FIPS_0403_Ft_US 1,333.33 Feet2,666.70
1/14/2025
12:18:42 AM
Prepared:

Notes:

Scale:

ATTACHMENT 1
PROJECT SITE:
3658 LAS COLINAS ROAD
122 ACRES
690
1 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING STAFF TO NEGOTIATE TERMS FOR A

DEVELOPMENT AGREEMENT WITH ADVENTUS CORPORATION
The applicant, the Adventus Corporation , as property owner of 3658 Las Colinas Road , submitted an application to the City of Livermore (“City”) for Development Agreement (DA) 24-004 requesting land use designation changes to be considered at a later date as part of the proposed General Plan Update.

The proposed land use change s would redesignate the property’s land use from Limited Agricultural with a floating Community Facilities designation to Hillside Conservation with a floating Medium Density Residential designation.

A Development Agreement is the appropriate mechanism to secure community benefit from future development of the property. Section 9.04.040 of the Livermore Development Code states that the City Council shall hold a noticed public hearing where it shall determine whether it wishes to enter into a Development Agreement along with the general subject areas City staff is authorized to negotiate.

Therefore, no environmental review under CEQA is required.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby authorizes staff to negotiate Development Agreement 24-004 containing the terms by which the development on 3658 Las Colinas Road shall provide community benefit and facilitate the production of housing.

BE IT FURTHER RESOLVED by the City Council of the City of Livermore that the Development Agreement shall be considered by City Council at a later date with the proposed General Plan Update.

On motion of Council Member _______________________, seconded by Council Member _______________, the foregoing resolution was passed and adopted on February 24, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
691
2 RESOLUTION NO. ________
ATTEST: APPROVED AS TO FORM:
____________________________ /s/ Katherine Mirassou
Deborah L. Elam Katherine Mirassou
City Clerk Assistant City Attorney
692

CITY COUNCIL STAFF REPORT
ITEM NO. 7.1

DATE:

February 24, 2025
TO:

Honorable Mayor and City Council
FROM:

Brent Smith, Community Development Director
SUBJECT:
2045 Comprehensive General Plan Update – 2045 Draft General Plan Land Use Map

RECOMMENDED ACTION

Staff recommends the City Council receive an update on 2045 Draft General Plan Land Use Map.

SUMMARY
Since the summer of 2024, the General Plan project team has modified the preferred General Plan Land Use Scenario to create the Draft
2045
General Plan land use map. The project team’s modifications incorporate Council’s direction in the focus areas, adjust formatting and readability, and include changes to areas outside the focus areas that reflect property owner requests, align with current or surrounding uses, and achieve broader community goals or meet state requirements. The 2045 General Plan land use map will guide development and open space conservation over the next 20 years. Staff recommends City Council receive an update on the draft land use map.

DISCUSSION

DRAFT GENERAL PLAN LAND USE MAP

The General Plan land use map regulates land use (development and conservation) in Livermore.

Updates to the land use map are an important part of the overall General Plan Update. The draft land use map reflects:

Land use changes within the Focus Areas.

Land use changes outside the Focus Areas.

Updates to map legibility and the content of current land use designations.

Attachment 1 includes the Draft General Plan land use map.

Focus Area Land Use Changes.

693
The General Plan Advisory Committee (GPAC) identified Focus Areas or places where the current General Plan land use designation might change to lead to new or different land uses in the future, then created a new land use scenario within each Focus Area by mixing and matching various features of land use alternatives within each of the Focus Areas. On May 7, 2024, the Planning Commission reviewed the GPAC preferred land use scenario and made a recommendation to the City Council to largely accept the GPAC recommendation with some targeted land use changes. On June 10, 2024, the City Council provided final direction on land use changes within the Focus Areas, largely accepting the Planning Commission’s recommendation. (Attachment 2 is a summary of City Council direction on the preferred land use scenario).

Land Use Changes Outside Focus Area
Attachment 3 summarizes the proposed land use changes outside the focus area. These changes fall into two categories:

Property Owner Requests.

Several property owners have submitted requests for land use designation changes.

Staff Recommendations
. Staff made further land use modifications to bring designations into alignment with current uses and/or to achieve broader community goals or meet State requirements. In some cases, these changes could result in non-conforming uses, which means that an existing use no longer meets current standards and may not be allowed to re-build or expand.

Property owners, including the Livermore Valley Joint unified School District, continue to request land use changes to the draft map. Staff continues to evaluate the requests and will bring back any substantive changes to the draft map to Council at a future date.

Updates to Current General Plan Land Use Designations

To finalize the preferred land use scenario, the General Plan team, which consists of City staff and Place Works planning consultants, reviewed the existing General Plan land use designations and Place Types menu from the Alternatives Evaluation to create a complete set of land use designations. While most of the land use designations remain the same, the General Plan team recommends:

Renaming General Plan land use designations to better reflect the allowed uses.

Merging some designations to simplify designations that allow similar uses and offer greater flexibility.

Adding new designations resulting from the land use alternatives process.

The draft 2045 General Plan land use designations are included in Attachment 4. (For reference, the existing land use designations can be found on the city website here
).

Residential Land Use Designation Revisions

The project team adjusted the formatting of the residential designations and naming convention. The intent of the reformatting creates a visually simpler map in a manner that does not change residential densities within existing neighborhoods. The project team merged the colors and created residential subcategories. (The current General Plan Land Use Map does this to some degree with the existing Urban Low and Urban High residential designations). Attachment 5 illustrates the comparisons between 694
the existing and the proposed land use residential categories. The proposed restructuring aligns with conventional planning practice, market conditions, and the Place Types menu used during the land use alternatives process.

Non-Residential Land Use Designation Revisions

Based on the GPAC’s work on the land use alternatives process and creation of a preferred scenario, the project team consolidated some of the existing non-residential land use designations and created new designations listed below:

Regional Commercial:

Merges Highway Commercial and Community Serving Commercial because both existing designations allow regional commercial uses.

Wine-Country Commercial:

Supports wine country/visitor serving uses such as tasting rooms, groceries, restaurants, and lodging.

Mixed Industrial-Commercial:

Allows for production areas including sales of products made on site, which could occur in the same building, such as a winery with production uses and a tasting room, cheese production, or coffee roasting; or could occur in separate buildings next to each other.

Industrial-Office:

Merger of Business and Commercial Park and Low-Intensity Industrial to simplify the designations since they allow similar uses. The designation would accommodate commercial uses in addition to light industrial activities such as R&D.

General Industrial:

Renames High-Intensity Industrial to align with the Place Types menu and broadens the industrial uses since Low-Intensity Industrial has been replaced with the new Industrial-Office designation.

Specific Plan:

Applies a single land use designation color to identify Specific Plans on the Land Use Map. (The College Avenue Specific Plan is proposed to be eliminated to simplify and update the standards for that the area). The General Plan describes the intent and purpose of each Specific Plan area:

Downtown Specific Plan
Isabel Neighborhood Specific Plan
El Charro Specific Plan
South Livermore Valley Specific Plan
Midtown Specific Plan (newly proposed)

PLANNING COMMISSION

On December 17, 2024, the Planning Commission received a presentation on the Draft Land Use Map.

Based on their independent review and the presentation received, the Planning Commission appreciated the modest changes to improve readability as well as the consolidation of land use designations to remove redundancy and add flexibility. The Planning Commission asked for further explanation of the Regional Commercial designation and did not have any future comments or questions about land use changes.

The Planning Commission asked about why specific elements of the map such as the East of Greenville Focus Area were missing. Staff explained the proposed General Plan Update will include additional maps, graphics and exhibits that will illustrate future study areas like East of Greenville consistent with Council direction, transfer development credit receiver sites and other attributes related to land use. 695

COMMUNITY ENGAGEMENT

On December 6, 2024, the project team mailed approximately 2,000 letters to property owners that were affected by the land use changes or near proposed changes. The letters directed the recipient to the project website, which included an explanation of the changes, a copy of the map, an interactive version of the map, and a comment box to submit feedback and ask questions. As of the date of staff report publication, the project team has received seven emails. Mainly, the emails are questions and some request for additional correspondence through the process and broader flexibility in the land use designation to maintain the existing land uses.

NEXT STEPS

Following the project team’s presentation to the City Council on the draft General Plan land use map, the project team will continue work on the Draft Environmental Impact Report, complete technical modeling, and build-out analysis. In addition, the project team will work towards the next project milestones:

Planning Commission policy review - Q2 2025
City Council policy review - Q2 2025
Draft General Plan and EIR publication Q3 - 2025
Community Engagement - Q3-Q4 2025
Draft review and adoption hearings (anticipated in) - Q4 2025-Q1 2026

FISCAL AND ADMINISTRATIVE IMPACTS

On March 1, 2021, the City Council prioritized the General Plan Update and directed staff to develop a work program. The Draft Land Use Map is a component of the work program and consistent with funds previously appropriated by Council.

COMMUNITY PILLAR

4: Inclusive & Inviting Spaces & Places

GOAL

4: Continue to Complete the General Plan Update

ATTACHMENTS

1. 2045 Draft General Plan Land Use Map

2. Summary of Council Direction on Land Use Focus Areas, June 10, 2024

3. Summary of Non-Focus Areas Land Use Changes

4. Draft 2045 General Plan Landuse Use Designations

5. Draft Residential Land Use Designations Comparison Graphic

Prepared by: Andy Ross
Principal Planner

696

Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
697
ATTACHMENT 1
698
City Council Direction on the Preferred Land Use Scenario On June 10, 2024, City Council provided the following direction on each of the General Plan Land Use Scenarios by Focus Area.

Vasco Row Focus Area
Direction for the Vasco Row Focus Area included:
• Conduct additional study to possibly develop a neighborhood or specific plan for this focus area. This plan should:
o Evaluate the feasibility of lower/medium density housing to the extent it supports the goals of the plan. If housing is feasible, the evaluation should identify how many units to plan for.
o Evaluate the displacement of existing industrial uses. o Plan for improved parking, lighting, walking, connectivity, etc. o Explore mechanisms to facilitate the vision for the area to enhance and expand small businesses.
• Increase the amount of land designated for Mixed Industrial Commercial to support makers village type uses, such as breweries, distilleries, wine making, and other uses. • Limit Wine Country Commercial to the east side of Vasco Road.

Laughlin Road Focus Area
Direction for the Lauglin Road Focus Area included:
• Change Residential Medium-High Density to Residential Medium Density. • Allow general commercial uses in the General Industrial designation. • Blend/interface between medium density to the existing neighborhoods Midtown Focus Area
Direction for the Midtown Focus Area included:
• Identify Midtown as a future specific plan area.
• Development of the specific plan should consider:
o Circulation improvements outside of Midtown.
o Improving connectivity across the focus area
• Los Positas Road
• North of I-580
• Springtown area should be able to access the transit center • Connections to Ironhorse trail
o Adding a north/south mixed use corridor.
o Increase the Residential Medium-High minimum density
o Plan for amenities that will support the future job center o Station planning, including planning for commuter parking. • evaluation of use
ATTACHMENT 2
699
• Specific plan should consider a back-up land use plan if Valley Link doesn't happen. • Limit the land use designation changes to the Midtown Core Area, but consider circulation issues for the larger Midtown Focus Area boundary, roughly North Mines Road to South Vasco Road from west to east and I-580 to Las Positas or Patterson Pass Road from north to south. The Council directed Staff to determine the actual boundary.

Las Positas Court Focus Area
Direction for the Las Positas Court Focus Area included:
• No change to existing land use designations; eliminate Las Positas Court as a Focus Area.

East of Greenville Focus Area
Direction for the East of Greenville Focus Area included:
• Identify East of Greenville as a future study area in the General Plan. • At this time, do not identify land use designations in this area or propose expanding the Urban Growth Boundary.
• Include policies in the General Plan that specify triggers that would initiate when future land uses for this area would be studied. Triggering events or parameters could include:
o Need to accommodate additional economic development.
o Opportunity to provider substantial benefit to the community. o Current land uses.
o Opportunity to improve quality of life.

Other Direction
In addition, to accepting the Planning Commission recommendation on the preferred land use scenario by Focus Area, the Council also directed Staff to undertake the following:
• Develop a new designation for townhomes with a density range of approximately 24 to 35 dwelling units per acre.
• Investigate development and absorption trends over the last 20 years, including business types and current operations.
• Identify the number of acres currently undeveloped and viable for industrial and commercial uses.
• Assess fiscal impacts and infrastructure improvements associated with commercial and industrial development over the last 20 years.
• Evaluate projected trends over the next 20 years.

ATTACHMENT 2
700
Parcel Address APN Acres
Existing General
Plan Land Use
Designation
Preferred Scenario Land Use
Designation
Property Owner Request
3658 Colinas Rd 902 000800100 122.5
Limited
Agriculture with a
Potential Future
School Site
Hillside Conservation with a
ﬂoating Medium Density
Residential 3 (14 to 18 du/ac); .

The location of the residential uses
would be determined through a
future Neighborhood Plan.
355 S. Vasco Rd. 099 132603900 9.9 High Intensity
Industrial
High Density Residential 1 (23 to
38 du/ac)
2133 Las Positas 099 010003701 7.9 Business and
Commercial Park
Medium Density Residential 4 (18
to 22 du/ac)
685 E Jack London
Blvd
(Administrative
Oﬃces)
098 035700200 4.2 Community
Facility
Medium Density Residential 2 (8
to 14 du/ac)
1040 Florence
(Former Arroyo
Mocho School
Site)
097 008809400 9.0 Community
Facility
Low Density Residential 4 (4.5 to 6
du/ac)
Staﬀ Recommendation
1412, 1155, 1245,
1253 Portola Ave
099 010000904
099 013000510
099 013000505
099 013000411

2.2 Highway
Commercial Service Commercial
First St (Railroad
tracks to Travarno
Rd)
52 Unique APNs 50.1
Service
Commercial (SC),
Urban High
Residential
(SC/UH-2)
Medium Density Residential 3 (14
to 18 du/ac)
Springtown
Blvd/Bluebell Dr
099 002300702
099 002300400
099 002300702
099002300701

6.3 Servi
ce
Commercial Neig hborhood Commercial
175 E Vineyard
Ave
099 135699999
099 135600801
099 135600802
099 135600803

6.3 Neighborhood
Commercial Wine Country Commercial
945 Concannon Blvd 099 029802600 4.2 Urban Low
Medium
Residential (2 to
3 du/ac)
Medium Density Residential 2 (8
to 14 du/ac)
ATTACHMENT 3
701
Parcel Address APN Acres Preferred Scenario Land Use
Designation
Laughlin Road Focus
Area
099B530000213 39.9 Urban Low
Residential 1
(1 to 1.5
du/ac)
Open Space and Parks
1600 N Vasco Rd
099B521200500
099B521200400
099B521200800
099B521200900
099B521200700
099B521200303
099B521200600
099B521200201

12.5 Community
Serving General
Commercial
Nei
ghborhood Commercial
Entire
neighborhood –
South of Alden Ln
and west of
Holmes
St/Vallecitos Rd
358 Unique APNs 106.8 SLVSP Ur
ban Low Residential 1 (UL-1) or
similar
South of W Jack
London Rd, west of
Discovery Dr
904 000300104 51.4 Open Space/Sand
& Gravel Industrial-Oﬃce
West of Isabel Ave
and south of
Discovery Dr
904 001000203
904 001000205
904 001000208
904 001000207
904 001000202

84.4 Open Space/Sand
& Gravel Indus
trial-Oﬃce
Area bounded by
Contractors Pl,
Last Positas Rd,
and Technology Dr
65 Unique APNs 42.2 Low & High-
Intensity Industrial Se rvice Commercial
2000 Arroyo Rd
099 070015002
099 070001802
099 070000151

11.5 Urban Low
Residential Reg ional Commercial
ATTACHMENT 3
702
Imagine Livermore 2045 General Plan
Draft Land Use Designations
Residential
Rural R esidential ( RR) ( 1 du/ac – 1 du/5 ac; M inimum l ot size - 1 acre.) The Rural Residential designation encourages large lot development with a rural character, generally on the urban edge. This designation provides a transition between developed areas and the agricultural and open areas surrounding the community.

Low Density R esidential ( LDR) (Category 1 -4) [density r ange 1-6 du/ac] The Low Density Residential designations accommodate the lowest range of traditional suburban residential densities provide opportunities for mostly single family detached housing types in a range of neighborhood settings.

Category 1 (LDR-1): (1.0 – 2.0 du/ac )
Category 1 is rural in character and includes large separations from between buildings.

Category 2 (LDR-2): (2.0 - 3.0 du/ac)
Category 2 provides a transition from the lowest densities at the edge of the community to the higher densities experiences in the center of the community.

Category 3 (LDR-3): (3.0 - 4.5 du/ac)
Category 3 also applies to areas generally located closer to surrounding neighborhood commercial development.

Category 4 (LDR-4): (4.5 - 6.0 du/ac)
Category 4 encourages “clustering” residential development to ensure the reservation of urban open spaces and community facilities.

Medium Density Residential ( MDR) (Category 1 -4) [density ran ge 6-22 du/ac] The Medium Density Residential designations accommodate the mid-range of traditional suburban residential densities in the City. They provide single family detached housing types in a range of neighborhood settings.

Category 1(MDR-1): (6 - 8 du/ac)
Category 1 accommodates both attached and detached single family units.

Category 2 (MDR-2): (8 - 14 du/ac)
Category 2 accommodates townhouses and duplexes, and other similar attached building types.

ATTACHMENT 4
703
Category 3 (MDR-3): (14 - 18 du/ac)
Category 3 provides housing opportunities through a mix of townhouses and apartments.

Category 4 (MDR-4): (18 - 22 du/ac)
Category 4 provides housing opportunities through a mix of townhouses, apartments, other attached multi-family building types.

High Density Residential (H DR) (Categories 1 -3) [density 2 3-55+du/ac ] High Density Residential designations accommodate the highest range of residential densities in the City. They are located nearest to regional transit, employment, and activity centers and provide attached housing types such as townhouses, garden apartments, and apartments.

Category 1 (HDR-1): (23 - 38 du/ac)
Category 1 provides housing opportunities primarily in the form of apartments, condominiums, and townhouses.

Category 2 (HDR-2): (38 - 55 du/ac)
Category 2 provides housing opportunities primarily through a district wide mix of apartments, condominiums, and townhouses in a form compatible with other nonresidential uses.

Category 3 (HDR-3): (55+ du/ac)
Category 3 facilitates the highest density ranges in the City. It is primarily found nearest to regional transit and activity centers and is typically implemented through a Speciﬁc Plan to ensure compatibility and adequate infrastructure and services to accommodate development at this scale.

Commercial
Regional Commercial (RC) (.30 to 1.0 FAR)
The Regional Commercial designation is applied to commercial development along major streets, and adjacent and accessible to a highway or freeway, where any one or combination of signiﬁcant community serving retail, office, and service activities are appropriate. The Regional Commercial designation encourages the location of commercial uses generally consisting of a size, bulk, and coverage found in a regional retail shopping center environment, including:
• Destination-oriented prime retail tenants and accessory retail uses. • Business and commercial services.
• Professional and administrative offices.
• Hotels and motels.
• Restaurants.
• Motor vehicle and gasoline service stations.

Regional Commercial areas are typically located near Interstate 580 and along Major Streets and function as gateways to the community.

ATTACHMENT 4
704
Neighborhood Commercial (NC) (.30 FAR)
Neighborhood Commercial areas serve neighborhood convenience shopping needs. Neighborhood Commercial areas are generally planned commercial centers comprised of a grocery store and smaller supporting uses, located on a major arterial. Neighborhood Commercial areas are intended to provide uses to meet general daily service needs including general retail (grocery stores and drug stores), restaurants, personal services (salons and dry cleaners) and professional uses (real estate, law, insurance agencies, or medical offices).

Service Commercial (SC) (.30 FAR)
Service Commercial uses include auto sales and service, general and specialized contracting services, construction equipment and material sales, nurseries, home maintenance centers and wholesale establishments, and light industrial and related uses. The SC designation is a transitional district between purely commercial activities and heavy industrial processing. This designation is applied to areas outside of the Downtown near major streets, in the general vicinity of freeway interchanges, or at other locations with signiﬁcant access potential from the community at large.

Office Commercial (OC) (. 60 FAR)
The Office Commercial designation provides primarily for medical, legal, insurance, and similar uses. In order to ensure maximum compatibility with land use development patterns, the OC designation envisions limited, small-scale neighborhood serving retail uses for the convenience of and beneﬁt to the surrounding neighborhood, and medium density residential development consistent with the MDR-2 Residential land use designation (15 to 23 du/acre)(Category 1 MNM designation).

Wine -Country Commercial (WCC) (0.30 – 1.0 FAR)
The Wine-Country Commercial designation accommodates sites for visitor serving uses intended to support viticulture, agriculture, and hospitality in Livermore. Appropriate visitor serving uses include, wineries, production facilities, tasting rooms, specialty foods and goods retail, food and beverage service and sales, restaurants, rental facilities (e.g. bicycles), event spaces and entertainment venues, and lodging and overnight accommodations. The WCC designation is applied to areas on gateways into South Livermore Wine Country and designed in a manner intended to enhance the wine country and visitor experience through high quality design meant to evoke the character of South Livermore
Mixed -Use
Mixed Industrial -Commercial (MIC) (0.30 – 1.0 FAR)
The Mixed Industrial – Commercial l designation provides sites for uses where production areas have a commercial component, including sales of products made on site or related to primary production, and event spaces. Appropriate uses include artist spaces, food and beverage production and sales including wineries, distilleries, coffee roasters, and breweries, and furniture or craft products. The MIC designation may include other light manufacturing of goods, products, and materials in existing industrial park settings. Operations and sales could occur in attached or detached commercial structures on the same site.

ATTACHMENT 4
705
Neig
hborhood Mixed -Use (NM)
The Neighborhood Mixed-Use designations are intended to help improve the pedestrian orientation of Livermore’s neighborhoods by providing neighborhood commercial services within walking distance of existing residents and integrating housing with commercial development on a single site. Neighborhood serving commercial uses are typically locally-based stores or small scale shops selling various types of merchandise, small-scale food service uses such as a local market, deli, or coffee shop or small co-working and ﬂexible office space. Mixed residential and commercial land uses are required at these sites. The redevelopment of NM sites are intended to accommodate a range of residential uses must provide a minimum of 20-percent ﬂoor area for neighborhood supportive commercial uses.

Category 1 – Neighborhood Mixed -Use Medium Density
A maximum of .30 FAR is allowed for the commercial portion of development on these sites. The residential baseline density is MDR-3: 18 du/ac – 22 du/ac.

Category 2 – Neighborhood Mixed -Use Medium -High Density A maximum of .30 FAR is allowed for the commercial portion of development on these sites. The residential density is MDH-1: 22 du/ac – 38 du/ac.

Category 3 – Neighborhood Mixed -Use High Density
A maximum of .30 FAR is allowed for the commercial portion of development on these sites. The residential density is MDH-2: 38 du/ac – 55 du/ac.

Industrial
Industrial -Office (IO) (0. 30 to 1.0 FAR )
This designation identiﬁes locations near major streets, with relatively easy access to freeway interchanges, where a mix of manufacturing, research and development, and light industrial activities may be appropriate. The IO designation encourages the development of employment- generating activities with regional access set in campus-like environments with related amenities and ancillary uses for the beneﬁt of the workforce and nearby residents. Light industrial uses in IO areas should not include objectionable levels of noise, vibration, odors, glare, or hazards that would create a nuisance for surrounding uses. In addition to primarily light industrial activities, ancillary uses could include commercial components, office, and services for the local workforce and the surrounding neighborhood, like childcare or professional education.

The IO designation is placed in areas where it will promote the location of:
• Advanced research and development
• Manufacturing
• Professional and administrative offices
• Support and ancillary services (e.g. restaurants, commercial retail, service stations) • Low Intensity Industrial uses compatible with the above uses.

ATTACHMENT 4
706
General Industrial ( GI) ( FAR .3- 1.0)
Appropriate uses for this designation include manufacturing, warehousing, research and development facilities, recycling facilities, and heavy industry that uses, stores, or processes raw materials. The General Industrial designation is intended to provide an insulated area for uses that may be objectionable in other areas due to noise, odors, vibration, glare or hazards. General- Industrial uses are located in the eastern portion of the city near Patterson Pass Road and I-580, generally between Vasco Road and Greenville Road.

Open Space and Agriculture
Open Space and Parks (OSP)
The Open Space designation is applied to areas to be maintained as permanent or semi-permanent open space. This designation may be applied to areas that are already open space, and those that should remain open space because they have valuable natural or scenic resources, or because they are unsuitable for development due to environmental hazards. This designation includes parks, trailways, recreation areas, recreation corridors, and protected areas, such as creeks and arroyos, or similar open space uses determined appropriate for the site. All proposed structures on parcels designated OSP are subject to City Design Review. General locations for potential future park facilities are indicated on the General Plan Land Use Map by a ﬂoating designation as a circular symbol and the text “OSP . ” Floating designations indicate the need for the facility within the general area of the City where future need for this facility is anticipated. Floating designations are not intended to be site speciﬁc.

Agriculture /Viticulture (AGVT) (100- acre site minimum; 1 du/100 ac) Agriculture/Viticulture areas have been designated to preserve and promote agriculture and viticulture uses in locations suitable for cultivated agriculture, and to protect sensitive or unique environmental and land characteristics, including an area’s rural character.

Limited Agriculture (LDAG) (20 -acre minimum site )
The Limited Agriculture designation applies to those areas where 20-acre parcels may be appropriate due to existing parcel size. Appropriate uses are similar to those in the Agriculture/Viticulture designation. This designation may be used to create a transition between the areas of Large Parcel Agriculture or Agriculture/Viticulture surrounding the City and the low-density residential areas on its outskirts.

Hillside Conservation (HLCN) (1 du/20 ac to 1 du/100 ac) The intent of this designation is to protect the natural resources of hillside areas, avoid development in areas with potentially hazardous hillside conditions, maintain the visual quality of hills and ridgelines, create a public trail system, and retain the existing rural character and small- scale agriculture of the area. This designation establishes a series of performance standards for determining density, based on physical and environmental features such as slope gradient, ridgelines, and existing and potential landslides. Relatively unconstrained sites, those with slopes below 20 percent gradient, will be permitted up to 1 dwelling unit per 20 acres; sites with steeper slopes and additional constraints will be permitted 1 unit per 100 acres. No development is permitted on the steepest slopes or ridgetops. However, these areas may be given a density credit ATTACHMENT 4
707
of 1
unit per 100 acres that could be transferred to other portions of the property or within the Hillside Conservation designation when using a speciﬁc plan.

Large Parcel Agriculture (LPA) (100 -acre minimum site) This is a designation from the Alameda County East County Area Plan (ECAP) that applies to locations outside the City UGB but within the Planning Area. Only the following uses, as identiﬁed in the North Livermore Urban Growth Boundary Initiative, and their normal and appropriate accessory uses and structures (as well as uses preemptively authorized by federal and State law), may be permitted in North Livermore, including: agricultural uses, agriculture processing facilities, limited agricultural support uses, secondary residential uses, visitor serving commercial facilities, recreational uses, public and quasi public uses, solid waste landﬁlls and related waste management facilities, quarries, wind farms and related facilities, utility corridors, and similar uses compatible with agriculture. This is the default designation for undesignated parcels on the General Plan Land Use Map.

Resource Management (RMG) (100 -acre minimum site size; 1 du/parcel) This is also a designation from the ECAP . It is intended mainly for land designated for long-term preservation as open space but may include low-intensity agricultural or residential uses. The Resource Management designation provides for agricultural uses, recreational uses, habitat protection, watershed management, public and quasi-public uses, secondary residential units, active sand and gravel and other quarries, reclaimed quarry lakes, and similar and compatible uses. This designation is also applied to areas unsuitable for development because of public health and safety hazards or environmentally sensitive features. One single-family home per parcel is allowed provided that all relevant development standards are met.

Water Management Lands (WML) (1 00-acre minimum site; 1du/parcel) This designation is also from the ECAP . It provides for active sand and gravel quarries, reclaimed quarry lakes, watershed lands, arroyos and similar and compatible uses. One single-family home per parcel is allowed provided that all relevant development standards are met.

Open Space/Sand and Gravel (OSP/S & G)
These are areas of Statewide concern due to their demonstrated level of quality aggregate. The primary use allowed in areas designated OSP/S & G is open space, as deﬁned above under Open Space (OSP), and sand and gravel extraction, processing and related activities shall be secondary.

Use of S & G lands for agricultural use shall be given priority over mineral extraction in areas where the soils are designated for prime or unique farmland. Extraction of aggregate shall be conditionally permitted only after appropriate mitigation for potential impacts to environmental resources and surrounding uses has been provided. Processing and distribution of aggregate uses shall be limited to ensure that impacts on downwind land uses are appropriately mitigated.

ATTACHMENT 4
708
Community Facilities
The Community Facilities designation provides areas for public agencies and institutions, including City, County, State and federal government facilities, Livermore Valley Joint Uniﬁed School District property, and the Livermore Municipal Airport. General locations for potential community facilities (i.e., schools and parks) are indicated on the General Plan Land Use Map by a ﬂoating designation; parks are indicated by a circular symbol and the text “OSP , ” and schools are indicated by a building–shaped symbol and the text “CF-S” or “CFH. ” Floating designations indicate the need for the facility within the general area of the City where future need for these facilities is anticipated. Floating designations are not intended to be site speciﬁc.

Speciﬁc Plan and Neighborhood Plan Areas
Downtown Area (DA)
The Downtown Area (DA) designation is a general designation that applies to the area traditionally known as Downtown Livermore. The DA seeks to provide a unique, locally-oriented, pedestrian- friendly shopping environment. Higher-intensity residential development of a density that will support the predominantly commercial environment is integral to the economic viability of this district. This area supports a mix of uses, including commercial, office, entertainment, cultural arts, lodging, and residential. Land uses, development, and redevelopment in the Downtown Area shall be implemented through the Downtown Speciﬁc Plan, which includes speciﬁc land use designations, development standards, and design requirements.

Isabel Neighborhood (IN)
The Isabel Neighborhood (IN) designation applies to the northwest area of the city between the Airway Boulevard and Isabel Avenue interchanges. The IN seeks to create a safe, vibrant, complete neighborhood that includes amenities for residents, workers, and students and support transit ridership and citywide goals for increased transportation options, housing choices, and economic vitality. The IN is implemented through the Isabel Neighborhood Speciﬁc Plan (INSP) which establishes speciﬁc land use designations and development standards to guide development of the area surrounding the future Valley Link station in the I-580 median at Isabel Avenue.

Midtown Area (MA)
The Midtown Area (MA) designation applies to the area comprising mostly of the Southfront Priority Development Area (PDA) in Livermore. The boundaries of this area are shown in Figure X-X. The MA designation is intended to create a mixed-use, transit-supportive neighborhood that balances housing, commercial, office, and industrial uses and creates a complete community independent of whether or when a future transit station is developed. Land uses, circulation, development standards, design requirements, infrastructure and service needs, and other speciﬁcations for the Midtown Area will be determined through a speciﬁc plan.

South Livermore Valley (SV)
The City Council adopted the SLVSP in November 1997. The SLVSP is an extension of this General Plan and is used as both a policy and a regulatory document to guide the quantity, location and character of development in the South Livermore area. This General Plan contains goals, ATTACHMENT 4
709
obj
ectives, policies, actions, and designations that are both consistent with the Alameda County South Livermore Valley Area Plan and provides the regulatory foundation for the City’s South Livermore Valley Speciﬁc Plan (SLVSP).

El Charro (E C)
The El Charro Speciﬁc Plan Area is regional retail destination that beneﬁts from its proximity to Interstate 580 (I-580) while integrating a design that ﬁts into the area’s surrounding natural context.

Travelers along I-580 experience views of rolling hills, interspersed with development, on either side of them throughout the region. The uses within El Charro are primarily regional-serving retail, selling clothing and accessories, home furnishings, electronics, jewelry, and other similar items and services. This commercial development draws its market from the region as well as outside of the regional trade area, focusing on providing and servicing volume rather than the niche markets provided by the retail found in Downtown Livermore.

ATTACHMENT 4
710
Comparison of Residential Land Use Changes
Figure 1. Current Residential Land Use Designations
Figure 2- Proposed 2045 Residential Land Use Designations ATTACHMENT 5
711

CITY COUNCIL STAFF REPORT
ITEM NO. 10.1

6.1 Hearing to consider a request for a Municipal Code Amendment, Development Code Amendment, Conditional Use Permit Modification, Development Agreement, Site Plan Design Review, and Site Plan Design Review Modification for the Parkwest Casino 580 Expansion Project and citywide cardroom operations.

Material:

Revised
PowerPoint Presentation

6.2 Hearing to authorize negotiation of a Development Agreement with the Adventus Corporation to secure community benefits associated with requested land use designation changes to be considered as part of the proposed General Plan Update.

Location: 3658 Las Colinas Road.

Materials: PowerPoint Presentation and Public Comment

7.1 2045 Comprehensive General Plan Update – 2045 Draft General Plan Land Use Map Materials: PowerPoint Presentation and Public Comment

8.0 Council Committee Reports and Matters Initiated by City Manager, City Attorney, Staff, and Council Members.

Material: Council Reports

DATE:

February 24, 2025
TO:

Honorable Mayor and City Council
FROM:

Marianna Marysheva, City Manager
SUBJECT:

REVISED
Supplemental materials received prior to the meeting.

RECOMMENDED ACTION

SUMMARY
These materials were posted online and made available to the public at the same time that they were distributed to the City Council.

DISCUSSION

ATTACHMENTS
712

1. Revised Supplemental Materials

Prepared by: Helena Graves
Deputy City Clerk

Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
713
1 v
Municipal Code Amendments related
to Cardroom Operations
and
Amendments to Parkwest Casino
580 Operations
February 24, 2025
Presented by Susan Frost
Special Projects Coordinator
Regulatory Context
State Law and Livermore Municipal Code
• Cardrooms are not casinos
• Statewide, cardrooms are regulated under the
Department of Justice, Bureau of Gambling Control
• City of Livermore cardroom operations are regulated
through LMC - Chapter 5.20, Cardrooms (regulates
cardroom licensing, employee work permits, number of
card tables, operations, and safety and security)
• Two cardrooms in Livermore
• Parkwest Casino 580
• Livermore Casino
1 2
Item 6.1
Revised PowerPoint Presentation
714
2 Municipal Code Amendments
Citywide
Proposed RegulationCurrent RegulationTopic
32 card tables max
citywide
1 table per 4,200
residents - equals 19
tables max citywide
Total number of card
tables in the city
2 per person1 Cardroom license
permitted per person
Cardroom licenses
permitted per person
Municipal Code Amendments
Individual Cardroom – Expanded Services
Proposed Regulation Current Regulation Topic
16 card tables 10 card tables Total number of card
tables per cardroom
$1,000.00 $200.00 Maximum bet limit
10 seated players and
up to 1 backline better
for each player
10 seated players Players per table
3 4
Item 6.1
Revised PowerPoint Presentation
715
3 Casino 580 Request
• Casino 580 requested to expand number of tables,
maximum bet limit and players per table allowed IF
the Municipal Code amendments are approved by
the City Council
• No physical expansion
• Additional parking and safety measures would be
required to accommodate additional operations
• Casino 580 request requires a new Development
Agreement (DA) and Conditional Use Permit
(CUP) Modification
Casino 580: Project Location
5 6
Item 6.1
Revised PowerPoint Presentation
716
4 Casino 580: Development
Agreement
Staff and Planning Commission rationale to support the request:
• No prior issues with this operator
• Willingness to enhance parking and security:
• Financial contribution toward safety and security equipment $60,000for traffic cameras and $29,000 for license plate readers at three nearby intersections
• Additional public benefits:
• Monthly card table fee increase from $1900/table/month to $4800/table /month
Casino 580: Conditional Use
Permit Modification
The following modifications are proposed:
• Requesting 16 tables and betting and player
limits consistent with the Municipal Code Amendment
• 24-hour operations, seven days a week;
• Games which are not prohibited by state law with the
written consent of the Chief of Police.
7 8
Item 6.1
Revised PowerPoint Presentation
717
5 Casino 580: Site Plan Design
Review and Modification
Surface Parking Lot and Site Improvements
Recommendation
Planning Commission and staff recommend the City Council take the following actions:

1.Adopt a resolution certifying the Initial Study/Mitigated Negative Declaration for the Parkwest Casino 580 Expansion Project;

2.Adopt a resolution approving Conditional Use Permit
Modification (CUPM) 24-001; Site Plan Design Review (SPDR) 24- 010 and Site Plan Design Review Modification (SPDRM) 24-024;

3.Introduce an ordinance and waive the first reading,
approving Municipal Code Amendment (MUNI) 24-002 and
Development Code Amendment (DCA) 24-004; and,

4.Introduce an ordinance and waive the first reading,
approving Development Agreement (DA) 24-003.
9 10
Item 6.1
Revised PowerPoint Presentation
718
1 v
Authorization to Negotiate
Development Agreement 24-004
with the
Adventus Corporation
February 24, 2025
Shannon Pagan, Assistant Planner
Project Site and Current Conditions
• 122-acre site
near the
Springtown
Neighborhood
• Located north of
I-580 and Las
Colinas Road
• Adjacent to
existing
residential and
open space uses
1 2
Item 6.2
PowerPoint Presentation
719
2 Requested Land Use Changes
• Existing General Plan:

Limited Agriculture with a
Floating Community
Facilities – High School Site.
• Draft General Plan: Hillside
Conservation with a floating
Medium Density Residential
(14 to 18 du/ac). Residential
location determined
through a future
Neighborhood Plan.

Existing Proposed
Development Agreement
• Negotiate a Development Agreement that
incorporates desired land use changes along
with community benefits, such as:
• Trails and park improvements
• Permanent conservation of open space
• Other public infrastructure enhancements
• Contribution to the Community Benefit Fund
3 4
Item 6.2
PowerPoint Presentation
720
3 Staff Recommendation
Staff recommends the City Council:
• Adopt a resolution authorizing staff to proceed with
negotiating terms for a Development Agreement
(DA24-004) with the Adventus Corporation to be
considered by the City Council at a later date as part of the proposed General Plan Update.
5 Item 6.2
PowerPoint Presentation
721
1 Helena Graves
From: Debi Finestone
Sent: Thursday, February 20, 2025 4:58 PM
To: City Clerk
Subject: problem with e-comment system for city council agenda Categories: Public Comment
Hi,
I got a notice about a public hearing regarding my neighborhood as part of the Feb. 24 city council meeting.

First, thank you for the great communication here, including the update.

I reviewed the agenda online and would like to submit a comment, but the online system for doing that isn't working. It won't validate my email. This is my first time attempting to comment on city council actions.

Is there another way I can submit my comment in advance? I'm unable to attend the meeting in person.

Agenda Item 6.2)
Hearing to authorize negotiation of a Development Agreement with the Adventus Corporation to secure community benefits associated with requested land use designation changes to be considered as part of the proposed General Plan Update. Location: 3658 Las Colinas Road.

Position: Oppose
My comment:

This property is directly behind my home. When I bought it, not all that long ago, I was told it would always be preserved as open space. One of the things that makes Livermore a wonderful place to live is its open areas and that we don't feel (or look) like it's too crowded.

Please do not change the general plan for this purpose. We have better places in the city to put housing instead of losing our beautiful open space and ranching heritage.

Thanks so much,
Deborah Finestone
Finestone Marketing Solutions
Item 6.2
Public Comment
722
1 Helena Graves
From: Jean King
Sent: Monday, February 24, 2025 12:00 PM
To: City Clerk
Subject: Council Feb. 24, 2025 Council Meeting Item 6.2

6.2) Hearing to authorize negotiation of a Development Agreement with the Adventus Corporation to secure community benefits associated with requested land use designation changes to be considered as part of the proposed General Plan Update. Location: 3658 Las Colinas Road.

Livermore City Counncil
These 122 acres are very important since they are on the eastern edge within the City’s North Urban Growth Boundary (UGB). The City has been purchasing lands in that area to protect the UGB and this will be a help.

Since the high school will not be built, there is still the opportunity to save 87 acres for open space. I am glad to see that public benefits such as trails and park improvements and permanent conservation of open space can be established. The future Development Agreement with its future land use designations will require an Environmental Impact Report (EIR).

A lower density housing would be better for the thirty-five acres. This area is on the edge of Springtown and a lower density might be more acceptable to the present Springtown residents. Less dense Medium Density Residential or Low Density Residential designations should be considered. The City should bargain for
greater community benefits in negotiations with the developer.

Thank you.

Jean King
Livermore CA 45550
Item 6.2
Public Comment
723
1 v
February 24, 2025
Andy Ross, Principal Planner
Informational Presentation on the Status
of the 2045 General Plan Update
Land Use Map Review and Changes
Current General Plan Land Use Map
• What can be built
and where
(including Open
Space
Designations)
• At what intensity
or density
• Open Space and
Conservation
Areas
Map and designations
determine:
1 2
Item 7.1
PowerPoint Presentation
724
2 2045 Draft General Plan Land Use Map
2045 Draft General Plan Land Use Map
• Incorporates Council direction for 4 focus areas:
• Laughlin Road
• Midtown
• Vasco Row
• East of Greenville (will be left as future study area outside of City boundaries)
• Reflects land use changes outside focus areas:
• Property owner requests
• Staff recommendations based on staff’s assessment to:
• Bring existing land uses into conformance
• Achieve broader community goals or meet State requirements. • Shows updated and simplified existing designations
3 4
Item 7.1
PowerPoint Presentation
725
3 Updates and Simplifications
• Targeted naming
updates to better reflect
the allowed uses
• Merges some
designations that allow
similar uses
• New single Specific Plan
designation
• Adds new designations
resulting from the Focus
Areas land use
alternatives process
Existing General Plan Residential Designations
Draft General Plan Residential Designations
Current General Plan Land Use Map
5 6
Item 7.1
PowerPoint Presentation
726
4 2045 Draft General Plan Land Use Map
2045 Draft Land Use Map Next Steps
• Respond to property
owners and community
questions
• Continue EIR Modeling
and Build-Out Analysis
• Continue Policy
Development and
Prepare Draft Document
7 8
Item 7.1
PowerPoint Presentation
727
5 Staff Recommendation
• This is an informational update with no City Council action • Staff is available for questions
2045 General Plan Update Next Steps
• Planning Commission policy review - March 2025
• Meeting #3: Land Use Element, Community Identity Element, and Economic Development Element
• Council direction on policies – April/May 2025
• Draft General Plan and EIR publication – Summer/Fall 2025 9 10
Item 7.1
PowerPoint Presentation
728
1 Helena Graves
From: Chan, Michelle W. (Perkins Coie) <[email protected]> Sent: Thursday, February 20, 2025 4:10 PM
To: City Clerk
Cc: Andy Ross
Subject: Comment Letter (Agenda Item 7.1) -- General Plan Update Attachments: 2025.02.03_Letter to City Council.pdf
Follow Up Flag: Follow up
Flag Status: Completed
Categories: Public Comment
Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.

Good afternoon,
Please ﬁnd attached a comment letter from McGrath RentCorp in connection with Agenda Item 7.1 for the City Council meeting on February 24th. Thank you,
Michelle
Michelle Chan

PARTNER
Perkins Coie
505 Howard Street Suite 1000
San Francisco, CA 94105-3204
+1.415.344.7019
[email protected]
perkinscoie.com
NOTICE: This communication from Perkins Coie LLP may contain privileged or other confidential information. If you have received it in error, please advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you.

Item 7.1
Public Comment
729
Item 7.1
Public Comment
730
Item 7.1
Public Comment
731
Council Member Date of Meeting or
Event Committee or Organization
Meeting or Event Type
(ex. board meeting or
ribbon cutting)
Summary of Meeting or Event
Mayor Marchand 2/11/2025 City of Livermore Reading program Read to students at Jackson Avenue School Mayor Marchand 2/12/2025 Livermore Valley Chamber of Commerce Attending morning business booster Networking with businesses
Mayor Marchand 2/12/2025 Valley Link Board meeting
Approved financials, Architecture,
Engineering, Construction, Operations, and
Management (AECOM) alternative delivery
methods discussion, legislative update and
formed the Funding ad hoc committee.

Mayor Marchand 2/12/2025 Alameda County Mayors Conference Monthly business meeting Made appointments to regional bodies
Mayor Marchand 2/13/2025 City of Livermore Mayor's Report on TV30 Provided an update of City activities Mayor Marchand 2/13/2025 Livermore Valley Chamber of Commerce Ribbon-cutting Welcomed the Burg undy Rose Tea Room Mayor Marchand 2/14/2025 Innovation Tri-Valley Panel discussion Participated in a regional Mayors panel discussion
Mayor Marchand 2/18/2025 Visit Tri-Valley Hospitality Industry Kick- off
Attended kick-off
Mayor Marchand 2/19/2025 City of Livermore Employee Service Awards
Recognized 71 employees and 8 retirees who
served over 1200 years of service including
one with 35 years of service.

Mayor Marchand 2/20/2025 Livermore Valley Chamber of Commerce Reception Met with representatives Federal Financing Bank (FFB) and Concannon
Mayor Marchand 2/23/2025 Young Men's Service League Career fair Talked about opportunities with the City.

Mayor Marchand 2/24/2025 Alameda County Transportation Commission (ACTC) Organization retreat Summarized roles and responsibilities of
commissioners and the organization's
mission.

Item 8.0
Council Reports
732
Council Member Date of Meeting or Event Committee or Organization Meeting or Event Type (ex. board meeting or ribbon cutting)
Vice Mayor Branning 2/18/2025 Livermore Downtown Inc (LDI) Board meeting Vice Mayor Branning 2/19/2025 Livermore Amador Valley Water Management Authority (LAVWMA) Board meeting Item 8.0
Council Reports
733
Council Member Date of Meeting or Event Committee or Organization Meeting or Event Type (ex. board meeting or ribbon cutting) Summary of Meeting or Event
Council Member Dunbar 2/19/2025 Livermore Amador Valley Water Management Agency (LAVWMA) Board Meeting Issuing Request For Proposals (RFP) for
solar installations on LAVWMA plant as a
portion of a larger Dublin San Ramon
Services District (DSRSD) solar RFP
(DSRSD land) Discussed issues with
Federal Emergency Management Agency
(FEMA) reimbursement delays
Project update on San Leandro pump
station parts delays
Item 8.0
Council Reports
734
Council Member Date of Meeting or
Event Committee or Organization Meeting or Event Type (ex. board meeting or ribbon cutting) Summary of Meeting or Event
Council Member Wang 2/13/2025 Livermore Public Library and Tri-Valley for Black Lives Black History Month Trivia Night Hosted by Faith Alpher and very well attended!
Council Member Wang 2/14/2025 Livermore Valley Arts Syncopated Ladies at Bankhead Theater
Fun and inspiring tap dancing
performance
Council Member Wang 2/16/2025 Livermore Public Library and Granada High School Hip Hop Club
Student hip hop dance
performance Very well attended and so much fun!
Council Member Wang 2/19/2025 City of Livermore Employee Service Awards Luncheon
Recognition of employee years of service
and Reach Award winners
Council Member Wang 2/19/2025 Livermore Valley Chamber of Commerce Monthly mixer Hosted by Sultan's Kebab Council Member Wang 2/21/2025 Charming Fig Faith Alpher comedy night Sold out show! Super fun.

Council Member Wang 2/22/2025 Livermore Public Library Art of the African Diaspora reception Very well attended. Delicious food!
Council Member Wang 2/22/2025 Shakespeare and Performing Arts Regional Company (SPARC) Theater and Tri-Valley for Black Lives "Shakespeare in Harlem" reading Fantastic show. Sold out! Item 8.0
Council Reports
735

CITY COUNCIL STAFF REPORT
ITEM NO. 10.2

DATE:

February 24, 2025
TO:

Honorable Mayor and City Council
FROM:

Marianna Marysheva, City Manager
SUBJECT:

Supplemental materials received at the meeting.

RECOMMENDED ACTION

SUMMARY

DISCUSSION

ATTACHMENTS

1. Items Received at the Meeting

Prepared by: Helena Graves
Deputy City Clerk

Livermore City CouncilFebruary 24, 2025

Livermore City Council
February 24, 2025