Belmont City Council
May 10, 2022

CITY OF BELMONT

CITY COUNCIL AND BELMONT FIRE

PROTECTION DISTRICT BOARD OF

DIRECTORS
www.belmont.gov

1. ROLL CALL

2. PLEDGE OF ALLEGIANCE

CITY COUNCIL REGULAR MEETING AGENDA
Tuesday, May 10, 2022
7:00 PM
City Council Chambers
City Hall, One Twin Pines Lane, Belmont, California

TELECONFERENCE PARTICIPANTS
Some Members may Participate Virtually
Being held under Gov. Code 54953(e) and
Belmont City Council Resolution 2022-034
The meeting will be broadcast live to Belmont residents on Comcast Cable Channel 27, streamed live via the City’s website at www.Belmont.gov. The public may also attend the meeting in the City Council Chambers and address the council from the chambers. Social distancing must be practiced, and seating will be limited.

PUBLIC COMMENT:

To maximize time for live public comment, we encourage members of the public to provide comments by joining the City Council meeting via Zoom: For web, visit https://belmontgov.zoom.us/ select “Join” and enter Meeting ID: 95745673035. Use the Raise Hand feature to request to speak. You may rename your profile if you wish to remain anonymous.

For dial-in comments, call *67 1-(669) 900-6833 (your phone number will appear on the live broadcast if *67 is not dialed prior to the phone number), enter Meeting ID: 95745673035, and press *9 to request to speak. All public comments are subject to a 3-minute time limit unless otherwise determined by the Mayor.

If you wish to submit written public comment, you may send an email to [email protected] before the council considers the item. Please indicate the agenda item topic or agenda item number you wish to comment on in your email’s subject line. Any public comment regarding agenda items that are received from the publication of the agenda through the meeting date will be made part of the meeting record, but will not be read during the Council meeting.
1 3. REPORT FROM CLOSED SESSION

4. SPECIAL PRESENTATIONS
A. Asian American and Pacific Islander Heritage Month Proclamation B. Jewish American Heritage Month Proclamation
C. National Public Works Week Proclamation
D. Teacher Appreciation Week Proclamation
E. National Mental health Awareness Month Proclamation

5. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
This portion of the meeting is reserved for persons wishing to address the Body on any City matter not on the agenda. The period for public comment at this point in the agenda is limited to 15 minutes, with a maximum of 3 minutes per speaker. Speakers who requested but did not receive an opportunity to speak during this comment period will be given an opportunity to address the Body later in the meeting. State law prohibits the Body from acting on non-agenda items.

6. COUNCILMEMBER ANNOUNCEMENTS

7. CONSENT BUSINESS
Consent business items are considered to be routine in nature and will be enacted by one motion. There will be no separate discussion on these items unless a member or staf request specific items to be removed for separate action. The City Attorney will read the title of ordinances to be adopted.

A. Approval of Minutes
Recommendation: Approve Minutes as Presented
Attachment(s):
11-23-2021 Special and Regular Meeting Minutes
12-13-2021 Special Meeting Minutes
12-14-2021 Special and Regular Meeting Minutes
B. Sanitary Sewer Root Abatement Service Agreement
Recommendation: Adopt a resolution authorizing the City Manager to execute an agreement with Duke’s Root Control, Inc., for root foaming of sanitary sewer lines for an amount not to exceed $73,000
Attachment(s):

Staff Report
Resolution
C. 815 Old County Road Sanitary Sewer Main Upgrade Project Construction Inspection Services
Recommendation:

Adopt a resolution authorizing the City Manager to negotiation and execute a Task Order with MNS Engineers, Inc. to provide construction inspection and constructability review services for the 815 Old County Road Sanitary Sewer Main Upgrade Project for an amount not to exceed $197,314
Attachment(s):

Staff Report
Resolution
2 D. Firehouse Square Phase 2 - Permanent Encroachment Into Storm Drain Easement Recommendation:

Adopt a resolution approving a Permanent Encroachment Agreement to allow building encroachment above the public storm drain easement at Firehouse Square Phase 2 Townhomes Development
Attachment(s):

Staff Report
Resolution
Exhibit A - Building Encroachment Onto Storm Drain Easement E. Firehouse Square Phase 2 Townhomes - Final Subdivision Map Recommendation:

Adopt Resolution approving final subdivision map, subdivision improvement agreement and maintenance agreement for the Firehouse Square Phase 2 Townhomes Development Attachment(s):

Staff Report
Resolution
Exhibit A - For Reference Final Map.pdf
F. Property Listing Agreement with Abe Matar for Real Estate Broker Services for Sale of Three City-owned Housing Properties, and a Budget Appropriation Request for $90,000
Recommendation: Adopt a resolution authorizing the City Manager to execute an agreement with Abe Matar (“Broker”) for real estate broker services for marketing and sale of three City-owned housing properties, and approving a budget appropriation of $90,000 for commission fees and necessary repair and maintenance work Attachment(s):

Resolution
Staff Report
Scope of Services
Draft Agreement

8. PUBLIC HEARINGS
A. 800-803 Belmont Avenue Residential Project
Recommendation:

1. Consider Planning Commission recommendations in support of the Project.

2. Adopt a Resolution certifying the 800-803 Belmont Avenue Residential Project Final Environmental Impact Report, adopting a statement of overriding considerations and a mitigation monitoring and reporting program.

3. Adopt Resolutions approving: a Vesting Tentative Parcel Map, Design Review, Conditional Use Permit, Grading Plan, Affordable Housing Plan, Density Bonus, and Tree Removal Permit, as described in this report and its attachments.

Attachment(s):

Staff Report.pdf
B - Reso CEQA
3 C - Reso Tentative Map
D - Reso - CUP DR Tree Grading
E - EXHIBIT A DRAFT COAs
F - PC Resolutions
G - Final EIR
H - Affordable Housing Evaluation
I - GP Consistency Analysis
J - Development Standard Analysis
K - Neighborhood Outreach Strategy
L - Arborist Report
M - Recology Letter Signed
N - Updated Geotechnical Evaluation
O - Will Serve Letters
P - Letters - ROEM - January 2022
Q - Project Plans

9. GENERAL BUSINESS
General Business items are considered separately, typically in the order listed. The chair will call for public comment on each item when the body considers the item.

A. Ralston Corridor Improvement Project - Segment 3 Pavement Rehabilitation Recommendation:

Adopt a resolution 1) authorizing a budget appropriation of $350,000 in available Measure I funds to the Ralston Avenue Corridor Improvement Project Segment 3 #3223 (234-3-730- 3223-9030), 2) authorizing the City Manager to execute Change Order Number 9 for $512,000 for the Ralston Corridor Improvements Project - Segment 3, City Contract Number 2020-589, and 3) authorizing the City Manager to execute a Task Order Amendment with MNS Engineers for additional Construction Management services not to exceed $300,000 Attachment(s):

Staff Report
Resolution
PCO #48 Final - Asphalt Roadway Design Changes.pdf
B. Establishing a City Historian
Recommendation: Adopt a resolution establishing a volunteer position of City Historian and posthumously appointing Denny Lawhern as Belmont’s first Historian and appointing Karl Mittelstadt to serve as the second City Historian for Belmont for a 3-year term Attachment(s):

Staff Report
Resolution
Belmont Historian Responsibilities & Application Process

10. BRIEF VERBAL REPORTS FROM MEMBERS AND STAFF
Verbal report from Councilmembers on Intergovernmental (IGR) and Subcommittee Assignments Verbal report from City Manager

11. MATTERS OF INTEREST/CLARIFICATION
Items in this category are for discussion and direction to staf only. However, Council/Board may take final action on an item if there is no need for additional staf analysis. 4 12. ADJOURNMENT
If you need assistance to participate in this meeting, please contact the City Clerk at (650) 595-7413. The speech and hearing-impaired may call (650) 637-2999 for TDD services. Notification in advance of the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

Meeting information can also be accessed via the internet at:www.belmont.gov. All staff reports will be posted to the web in advance of the meeting, and any writings or documents provided to a majority of the City Council/District Board or Commission regarding any item on this agenda will be made available for public inspection in the City Clerk's Office, One Twin Pines Lane, during normal business hours and at the Council Chambers at City Hall, Second Floor, during the meeting. 5 Meeting Minutes of Special and Regular Meetings of November 23, 2021 City Hall, One Twin Pines Lane, Belmont, California
CALL TO ORDER 5:30 P.M

CLOSED SESSION

1. Conference with Conference with Labor Negotiators (Govt Code Section 54957.6)
Agency designated representatives: Afshin Oskoui, City Manager Employee organization: Mid-Management Confidential Employees Association (MMCEA) and American Federation of state County and Municipal Employees (AFSCME)

ATTENDED BY
COUNCILMEMBERS McCune, Lieberman, Hurt, Mates, Stone (all via ZOOM) ADJOURNMENT at this time being 6:27 p.m.

Jozi Plut
City Clerk

STUDY SESSION
CALL TO ORDER 6:32 PM

ATTENDED BY
COUNCILMEMBERS: McCune, Lieberman, Hurt, Mates, Stone (all via ZOOM) Parks, Recreation, and Open Space Master Plan Presentation – Draft Park Improvements City Consultant Gates, Gates and Associates, described the efforts of the Belmont’s Parks, Recreation, and Open Space Master Plan committee. She noted that draft recommendations are posted to the City’s website for comment. She focused the presentation on the parks system portion of the master plan and outlined the draft recommendation spectrum for the parks and next steps.

Review of Belmont General Plan Housing Element Update and Housing Development Projects (continued to a subsequent meeting)
Mayor Stone recessed the meeting to call the regular meeting to order.

Recess 7:00 PM

REGULAR MEETING
CALL TO ORDER 7:08 PM by Skye Leinbach Mayor for a day.

ROLL CALL
COUNCILMEMBERS PRESENT: McCune, Lieberman, Hurt, Mates, Stone (all via ZOOM) 6 PLEDGE OF ALLEGIANCE
Led by Skye Leinbach

REPORT FROM CLOSED SESSION
City Attorney Rennie stated that there are no reportable actions from the earlier held closed session.

SPECIAL PRESENTATIONS
Proclamation Honoring Avelina Burris for 36 Years of Service to the Belmont Aging Community
Mayor Stone read the proclamation.

Ms. Burris was unable to attend the meeting.

Proclamation in Appreciation for Outstanding Public Service by Thaddeus Block Parks and Recreation Commissioner
Mayor Stone read the proclamation.

Councilmembers thanked Commissioner Block for his service on the Parks and Recreation Commission.

Mr. Block thanked the Council for the recognition.

Proclamation in Appreciation for Outstanding Public Service by David Gomez, Carlmont High School Teacher
Mayor Stone Read the proclamation.

Mr. Gomez’s former students offered words of congratulations.

Mr. Gomez thank the Council for the recognition.

PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA (None)

CONTINUED ITEM FROM PREVIOUSLY HELD STUDY SESSION
Parks, Recreation, and Open Space Master Plan Presentation – Draft Park Improvements Mayor Stone Recessed the Regular Meeting and resumed the PROS Study Session item.

Public comments
Thaddeus Block commented on ways to support pedestrian and cycling options around the City using an interconnected parks approach.

Henry Lin spoke in support of Oak Knoll Park upgrades.

Yogesh Kulkavinicommented on support of the draft recommendations.

Isaac Braunstein commented on the preservation of open space.

Jakki Gyger commented on the keeping Belmont open space fee from development.

Carol Rossi commented on Ralston Ranch park development.

Noah Braunstein commented on preserving the open space in Belmont.

Oliver Colic spoke in support of a park the Oak Knoll neighborhood.

Jack commented in support of preserving open space.
7 Discussion concluded
Mayor Stone adjourned the special meeting at this time by 7:35 PM

COUNCILMEMBER ANNOUNCEMENTS
Councilmember Mates reminded the community that nominations for service awards are due to close.

Mayor Stone announced an upcoming community poetry night.

CONSENT BUSINESS
Approved Minutes of Special and Regular Council Meeting of September 28, 2021 Resolution 2021- 097 (1) Finding That as A Result of The COVID-19 Statewide Emergency, Meeting In Person Would Present Imminent Risks To The Health or Safety of Attendees of Council And Citizen Advisory Body Meetings, And That Local Officials Continue to Recommend Measures To Promote Social Distancing, And (2) Directing The Council’s Citizen Advisory Bodies To Make Consistent Findings.

Resolution 2021-99 Approving A New Job Classification, Benefits Plan and Pay Scale for Community Edgemont Specialist in The City Manager’s Office ACTION: On a motion made by Councilmember Hurt and seconded by Councilmember Mates the Consent Business was unanimously approved by a roll call vote. (5-0)

ITEMS REMOVED FROM THE CONSENT BUSINESS FOR SEPARATE

CONSIDERATION
Resolution in Support of Renewal of The License Between San Francisco Public Utilities Commission and San Mateo County Community College District for Continued Operation of The Crystal Springs Cross Country Course
Councilmember McCune recused himself from discussion due to his residence being in the 500- foot radius of the course (by leaving the ZOOM meeting).

Mayor Stone provided a brief history on the establishment of the course he noted that residents in the area of the course raised concern over the use of the course and the traffic it creates in the neighborhood. He noted that the course is owned by the San Francisco Public Utilities Commission and the San Mateo Community College District holds the permit under which the races and meets are held. He explained that the permit would be revoked if all parties were not in agreement with proposed use of the course. He noted that the item the agenda was to show support for continued use of the course.

Public Comments in support of the resolution
Davis Turner
Paul Sheng
Brian Matthews
Mateo Fessilmeier
Clarissa Clark
8 Len Rosenduff
ACTION: on a motion made by Councilmember Hurt and seconded by Councilmember Lieberman Resolution 2021-098 Support of Renewal of The License Between San Francisco Public Utilities Commission and San Mateo County Community College District for Continued Operation of The Crystal Springs Cross Country Course was approved by roll call vote (4-0 Councilmember McCune recused).

At this time Councilmember McCune returned to the meeting.

PUBLIC HEARINGS
Wireless Telecommunications Regulation
Belmont Principal Planner DiDonato stated that the amendment to the ordinance was reviewed by the Planning Commission and recommended the Council adopt the ordinance as presented. He noted that the regulations amendment is consistent with the Belmont General Plan as well as state and federal law. He noted that the overwriting goal of the ordinance is to provide a robust wireless telecommunications facility to meet the needs of the community while minimizing project impacts.

Mayor Stone opened the public hearing no member of the public came forward.

Mayor Stone closed the public hearing.

City Attorney Rennie read the title of the ordinance.

ACTION: On a motion made by Councilmember Hurt and Seconded by Councilmember McCune Ordinance 2021-1159 Amending the Belmont City Code and The Belmont Zoning Ordinance to Comprehensively Update Wireless Facility Regulations or Alternatively Direct Amendments and Resolution 2021-100 Finding the Project Is Exempt from Environmental Review Per Section 15061 (B)(3) of the California Environmental Quality Act (CEQA) were unanimously approved by a roll call vote (5-0).
800 Laurel Avenue - Multi-Family Residential (Townhome) Development Belmont Senior Planner Gill provided an overview of the proposed development at 800 Hill Avenue. He noted that the undeveloped area and the project will consist of merging nine contiguous parcels. He explained the project residential design details and off-site improvements surrounding the project area. He noted that proposed project design is in line with the Belmont General Plan. He also noted the details of the project qualification for CEQA exemption.

Council Discussion ensued regarding neighborhood outreach and tree planting conditions to shield the project from the existing neighborhood.

In response to Councilmember McCune, Planner Gill noted stated that the HOA will hold responsibility for the private street maintenance. He also explained that the proposed park on the site will be for residents and guest use.

In response to Mayor Stone, Planner Gill stated that much neighborhood feedback was received at the Planning Commission stage mainly concerning traffic and circulation and neighboring road 9 conditions (at Laurel and Hill Streets), height of the development and privacy views. He explained that the issues are mitigated with conditions of approval on the project.

Planner Gill explained that the total of 40 parking spaces are all private and no vehicle charges spaces are proposed.

Mayor Stone opened the public hearing.

Public Comments
Joel Klein commented on the proposed tree planting between his home and the development.

Planner Gill explained the trees will be replaced along the Antique Forest property line.

Mayor Stone closed the public hearing.

City Attorney read the title of the rezoning ordinance.

ACTION: On a motion made Councilmember McCune and seconded by Councilmember Hurt an Ordinance Rezoning the property from Multi-Family Residential (R-3) to Planned Unit Development (PD) and adopting a Conceptual Development Plan (CDP) and Resolution2021-101 Approving A Rezone For A Conceptual Development Plan (CDP), Conditional Use Permit (CUP), Detailed Development Plan (DDP), Design Review, Grading Permit, Tree Removal Permit And Vesting Tentative Map (VTM) At 800 Laurel Avenue (Appl. No. 2019-0025) and Resolution 2021-102 Determining That The 800 Laurel Avenue Multi-Family Residential project Is Exempt From Environmental Review Pursuant To CEQA Guidelines Section 15332 (In-Fill Development) (Appl. No. 2019-0025) wee unanimously introduced and approved by a roll call vote. (5-0) Revise Maximum Rates for Collection Services for Calendar Year 2022 City Consultant Koorn, HDR, provided a summary of the franchise agreement and rate study process and provided a summary of the proposed residential and additional services 2022 proposed rates. Mr. Koorn recommended adoption of the proposed rates absent a majority Prop 218 protest, noting the maximum rate adjustment multiplier of 7.29% for residential services and 3.81% for additional services. He stated that the rates will be effective January 2022.

In response to Council questions Mr. Koorn clarified that disposal costs are the relevant driver of the increasing rates.

City Manager Oskoui further clarified that organic diversion is also impacting the increasing rates.

Discussion ensued on the impacts of trash to the environment and increasing rates.

Mayor Stone opened the public hearing no members of the public came forward.

City Clerk Plut stated that a total of five letters were received.

Mayor Stone closed the public hearing.

ACTION: On a motion made by Councilmember Lieberman and seconded by Councilmember McCune Resolution 2021-103 revising the maximum rates that may be charged for solid waste, recyclable materials. and organic materials collection services effective January 1, 2022, was unanimously approved by a roll call vote. (5-0)
10 ITEM MOVED TO PUBLIC HEARING FROM GENERAL BUSINESS
Update of Residential and Non-Residential Housing Mitigation Fees Housing, Economic Development Manager Rose provided a on overview of Belmont’s Housing Mitigation Fees she noted that the impact fees are updated every five years and the last study was in 2017, she further explained that the Council at a September 2021 Study Session reviewed current housing mitigation fees and comparisons to other Peninsula cities and recommended a fee increase.

She reviewed current and proposed fees and provided staff recommendations for increase in hotel, office and industrial spaces, minimal increase single family and multifamily residences to reflect a median range in comparison to other peninsula cities. She noted that retail and restaurant fees are not recommended for an increase due to the City already receiving other revenue including sales tax from the establishments.

Mayor Stone opened the public hearing no member of the public came forward.

Mayor Stone Closed the hearing.

Recess 9:10 pm (due to technical difficulties)
Reconvene 9:17 pm
Council concurred on the information presented and increases fees.

Housing, Economic Development Manager Rose stated that the item will return to Council at a subsequent meeting for adoption of the resolution approving the fees after a supplemental public hearing notice is issued.

GENERAL BUSINESS
Report from Audit Committee Regarding Annual Financial Report for Fiscal Year Ending June 30, 2021
At this time being 9:26 pm Councilmember Lieberman left the virtual meeting.

Finance Director Castaneda presented the annual financial report for fiscal year 2021. She noted that FY 2021 ended with a $13.4 million general fund balance a drop from 13.6 million in FY2020.

She explained that the transient occupancy tax was impacted due to the COVID Pandemic. She further explained that the property tax shortfalls in lieu of VLF continue to cause an impact. She also noted that the City reduced the impact by $2.2 million dollars by cutting operating expenditures and freezing positions. She explained that in July 2021 the City received American Rescue funds to help recover some of the fund loss. Ms. Castaneda outlined the City’s debt obligations including sewer collections bonds and pensions. She reported that the City received the Certificate of Achievement for Excellence in Financial Reporting for the 31st consecutive year as well as an unmodified audit opinion.

Council concurred to accept the report.
11 BRIEF VERBAL REPORTS FROM MEMBERS AND STAFF
Verbal report from Councilmembers on Intergovernmental (IGR) and Subcommittee Councilmembers reported on their IGR assignments and wished a Happy Thanksgiving to the community.

Assignments Verbal report from City Manager
City Manager Oskoui invited the public to visit the City’s website for upcoming Community Holiday events.

MATTERS OF INTEREST/CLARIFICATION (none)
ADJOURNMENT at this time being 9:35 pm in memory of Belmont resident George Kranin. 12 Meeting Minutes of Special and Regular Meetings of December 13, 2021 City Hall, One Twin Pines Lane, Belmont, California
CALL TO ORDER 5:00 P.M

ATTENDED BY
COUNCILMEMBERS McCune, Lieberman, Hurt, Mates, Stone (all via ZOOM)

CLOSED SESSION
Conference with Legal Counsel – Existing Litigation (Gov’t Code Section 54956.9(d)(1)), Two cases:
(1) City participation in proposed settlement of Nationwide Prescription Opioid Litigation against distributors McKesson, Cardinal Health, and AmerisourceBergen, and manufacturer Janssen Pharmaceuticals, Inc. and Johnson & Johnson; U.S. District Court N.D. Ohio, MDL No. 1:17-MD-2804
(2) City participation in proposed class action settlement of City of Long Beach v.

Monsanto Company, et al. (2:16-cv-03493-FMO-AS)

REPORT FROM CLOSED SESSION
City Attorney Rennie stated that the City will participate in the in proposed settlement of Nationwide Prescription Opioid Litigation against distributors McKesson, Cardinal Health, and AmerisourceBergen, and manufacturer Janssen Pharmaceuticals, Inc. and Johnson & Johnson; U.S. District Court N.D. Ohio, MDL No. 1:17-MD-2804
He noted that the City could receive 326,000 over an 18 year period and the actual amount of the settlement will be determined by the number of cities participating.

ADJOURNMENT at this time being 5:05 pm.

Jozi Plut
City Clerk
13 Meeting Minutes of Special and Regular Meetings of December 14, 2021 City Hall, One Twin Pines Lane, Belmont, California

SPECIAL MEETING
CALL TO ORDER 6:00 P.M

ROLL CALL
COUNCILMEMBERS PRESENT: McCune, Lieberman, Hurt, Mates, Stone (all via ZOOM)

PLEDGE OF ALLEGIANCE
Led by Mayor stone
REPORT FROM CLOSED SESSION (None)

SPECIAL PRESENTATIONS
Beautiful Belmont Awards
Mayor Stone introduced the winners in the residential category (no commercial category candidates received):

Ying Hu & Mercury Liu, 1148 Villa Avenue
Rob and Karen Silfvast, 1341 Sunnyslope Avenue
Anthony Intinoli, 1707 Pine Knoll Drive
Demetrios and Tina Kanakis (Homeowner and Architect) 2503 Cipriani Boulevard The recipients thanked the Council and Belmont residents for the recognition.

Community Service Award
Mayor Stone introduced the Community Service Award recipients.

Ulla Foehr for her numerous contributions to the Belmont community, including her work with the Carlmont Academic Foundation and City of Belmont Parks and Recreation Commission member.

David Baker for his efforts to beautify the community and his efforts during the COVID Pandemic to bring joy to his neighborhood safely distributing Halloween candy.

Councilmembers and members of the public expressed their congratulations to the award recipients.

Ms. Foehr and Mr. Baker thanked the Council and Community for the recognition.

Proclamation for Ralph Crame Outgoing Carlmont Principal Mr. Crame was unable to attend. Mayor Stone read remarks from former Belmont Police Chief DeSmidt in recognition of his tenure as Carlmont Principal.

RECESS: 6:00 pm
RECONVENE: 6:35 pm
14 CALL TO ORDER by the Belmont Police Honor Guard
COUNCILMEMBERS PRESENT: McCune, Lieberman, Hurt, Mates, Stone (all via ZOOM) RECESS 6:40 pm To Joint Powers Financing Authority (JPFA) Meeting REVONVENE 6:42 pm to Regular Council Meeting

PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
Victor Garza commented on property zoning changes and certificates of compliance.

Lauren Boro, presented the HIP Housing annual calendar and provided a brief update on the HIP Housing programs.

COUNCILMEMBER ANNOUNCEMENTS
Mayor Stone thanked the Parks and Recreation and San Mateo Consolidate Fire Department for return of Santa at firehouse event.

City Manager Oskoui announced the City Hall holiday closure dates and times and emergency contact information during the closure.

CONSENT BUSINESS
Resolution 2021-104 (1) finding that as a result of the COVID-19 statewide emergency, meeting in person would present imminent risks to the health or safety of attendees of council and citizen advisory body meetings, and that local officials continue to recommend measures to promote social distancing, and (2) directing the Council’s Citizen Advisory Bodies to make consistent findings
Ordinance 1160 Mandatory Organic Waste Disposal Reduction Regulations Ordinance (SB 1383) Recommendation: Adopt ordinance as introduced
Received Annual Measure I Advisory Committee Report for the fiscal year ended June 30, 2021 Resolution 2021 -105 authorizing the City Manager to execute a Memorandum of Understanding (MOU) between the City of Belmont and the South Bayside Waste Management Authority (SBWMA) for implementation of SB 1383
Resolution 2021-106 authorizing the City Manager to negotiate and execute a Services Agreement with WRA, Inc. to provide an Open Space Management Plan for an amount not to exceed $116,200, plus a contingency of $11,620 for a total of $127,820 Approved October 2021 Financial Reports
Resolution 2021-107 Approving plans and specifications, authorizing advertisement for sealed bids, authorizing the City Manager to execute a contract with the lowest responsible bidder for an amount not to exceed $2,175,000 plus a ten percent construction contingency for the 2022 Pavement Project, City Contract Number 2022-607
Ordinance 2021-1161 Rezoning 800 Laurel Avenue and Adopting a Conceptual Development Plan
Resolution 2021-108 to make certain findings and accept the annual report on receipt and use of development impact fees, in-lieu fees, and linkage fees for the fiscal year ended June 30, 2021 Resolution 2021—109 Certifying The San Mateo County Local Hazard Mitigation Plan Of 2021 And Adopting The Belmont Annex Of The Plan
Resolution 2021-110 of the City Council Approving a Memorandum of Understanding Between the City of Belmont and the Belmont Police Officers Association (BPOA) for the Term of July 1, 2021 Through June 30, 2025
15 City Attorney recited ordinance titles on Consent Business.

ACTION: On a motion Made by Councilmember Mates and seconded by Councilmember Hurt the Consent Business was unanimously approved by a roll call vote. (5-0)

PUBLIC HEARINGS
Housing and Economic Development Manager Rose provided a brief update of residential and non- residential housing mitigation fees, noting that the item was before the Council in November and required a supplemental hearing for adoption of the fees. She noted that the residential and non-residential fee increases are nominal and inline with the median of neighboring jurisdictions.

She noted that the fees will be effective 60 days after the adoption of the resolution.

Mayor Stone opened the public hearing no member of the public came forward.

Mayor Stone closed the public hearing.

Council concurred with the fee increase.

ACTION: On a motion by Councilmember McCune and Seconded by Councilmember Lieberman Resolution 2021- 111 amending housing mitigation fees for new residential and non-residential development projects, including both the inclusionary housing in-lieu fee and the commercial linkage fee was unanimously approved by a roll call vote. (5-0)

GENERAL BUSINESS
Council Reorganization
Vice Mayor Mates and Councilmembers recognized Mayor Stone’s service as Belmont Mayor for the year 2021and thanked him for his leadership during an unforeseen challenging time.

Councilmember Lieberman commented that Mayor Stone is the first mayor to not have any in person meetings.

Local Dignitaries present thanked Mayor Stone for his service:

CA State Senator Josh Becker
Joe Goethals San Mateo Councilmember
Mary Morrissey Parden, Belmont Chamber of Commerce
Julie Lind, San Mateo Central Labor Council
Sara McDowell, San Carlos Mayor
CM Oskoui thank Mayor Stone for his service and especially during the unprecedented time of the pandemic. Mr. Oskoui thanked Mayor Stone’s daughters.

Mayor Stone shared his remarks as outgoing Mayor. He reiterated his State of the City theme “2021 Onward. Thank you to our essential workers. You kept us going. It is not business as usual.

Council’s focus is on pandemic recovery efforts and a forward view of 2021”.

Mayor Stone provided a brief 2021 Year in Review. He thanked department staff and his fellow Councilmembers for their support.

Selection of Mayor for 2022
16 Councilmember Lieberman nominated Vice Mayor Mates for Mayor.

Mayor Stone called for a vote for Vice Mayor Mates and noted that Vice Mayor Mates would become the first Chines American woman to hold the title.

ACTION: on a motion made by Councilmember Lieberman Resolution 2021-112 Appointing Julia Mates as Mayor for 2022 was unanimously approved by a roll call vote. (5-0) The Oath of Office was administered by Mayor Mates’ husband and children.

Selection of Vice Mayor for 2021
Councilmember Hurt nominated Councilmember McCune to be Vice Mayor.

ACTION: on a motion made by Councilmember Hurt Resolution 2021-113 Appointing Tom McCune as Mayor for 2022 was unanimously approved by a roll call vote. (5-0) Remarks by Incoming Mayor 2022
Mayor Mates thanked City Staff, her family and the Belmont Community for the honor of serving as Mayor. She remarked on the diverse and inclusive Belmont Community. She noted that selecting a Chinese America Jewish woman speaks volumes. She stated that looking forward along with the management of City operations, other challenges will arise. She urged the community to reaffirm and reconnect with Belmont’s diversity, shared rich history, parks open spaces, sports fields, neighborhood spaces to gather, all aspects of Belmont that are considered home.

BRIEF VERBAL REPORTS FROM COUNCILMEMBERS AND STAFF
Verbal report from Councilmembers on Intergovernmental (IGR) and Subcommittee Assignments
Lieberman offered congratulation to newly appointed Mayor Mates.

Verbal report from City Manager
Congratulated Mayor Mates on her appointment.

MATTERS OF COUNCIL INTEREST/CLARIFICATION
ADJOURNMENT: at this time being 8:03 pm in memory of Belmont resident and community leader George Burgess.

Jozi Plut
City Clerk
17

UPDATED Root Foaming Task Order - Staff Report

STAFF REPORT
Meeting Date: May 10, 2022
Agency: City of Belmont
Staff Contact: Tim Murray, Public Works, 650-637-2932, [email protected] Agenda Title: Sanitary Sewer Root Abatement Service Agreement Agenda Action: Resolution
Recommendation
Adopt a resolution authorizing the City Manager to execute an agreement with Duke’s Root Control, Inc., for root foaming of sanitary sewer lines for an amount not to exceed $73,000.

Strategic Focus Area
Infrastructure and Mobility
Background
The City has approximately 430,000 feet of sewer mains. Intrusion of roots into sewers is one of the most destructive problems encountered in a wastewater collection system. Root-related problems include:
• Structural damage caused by growing roots
• Formation of septic pools behind root masses
• Sewer stoppages and overflows
In urban locations such as the City of Belmont, good sources of nutrients and moisture from tree roots can be scarce, directing root systems toward the collection system pipes where it finds every opportunity to penetrate the pipe system. Even microscopic openings permit hair-like root systems to penetrate the pipe wall damaging the pipe structure and causing maintenance problems such as blockages and overflows.

Root control treatments help to address sanitary sewer overflows in the City’s sewer system. Root foaming is a standard maintenance method of applying a chemical root control agent to the sewer pipe interior to control growth of roots in sewers. The chemical root foaming agent is approved by the U.S.

Environmental Protection Agency for this use and is accepted by the Silicon Valley Clean Water. The foam is pumped through the sewer main from manhole to manhole to compress it against all pipe surfaces. Roots in the sewer stop growing and eventually die upon contact with the herbicide foam; trees are not otherwise harmed with this method. The treatment generally inhibits re-growth for three to five years.

Analysis
The city annually plans to treat approximately 10% of the sewer mains citywide and has averaged 18

UPDATED Root Foaming Task Order - Staff Report
approximately $75,000 in root foaming services for the last three fiscal years.

In an ongoing effort to conduct preventative maintenance on the sanitary sewer mains, staff is proposing to engage Duke’s Root Foaming (Duke) to treat sewer mains city-wide. Duke will be performing root foaming treatment of a select group of our sanitary sewer main lines with heavy root intrusion. This root foaming treatment will help kill current root growth in the sewer system and prevent future growth for up to three years per Duke’s warranty terms. The select group of sewer main lines include 8,336 feet of 10- inch pipe, 3,264 feet of 8-inch pipe and 32,953 feet of 6-inch pipe. The City has satisfactory experience using Duke on previous contracts and is using a cooperative procurement process described below to contract with Duke for the upcoming preventative maintenance work.

In 2016, the City Council authorized the City to enter into a cooperative purchasing contract through HGACBuy in lieu of following the City’s competitive procurement process. HGACBuy is a "Governmentto-Government" procurement service available nationwide. Using this service makes the governmental procurement process more efficient by establishing competitively priced contracts at larger scales for goods and services and providing the customer service necessary to help its members achieve their procurement goals. All contracts available to members of HGACBuy have been awarded by virtue of a public competitive procurement process compliant with state statutes. All units of local government, including non-profits providing governmental services, are eligible to join HGACBuy provided the governing body (City Council) authorizes the contract.
.

Alternatives

1. Take no action.

2. Refer back to staff for further information.

Attachments
A. Resolution.

Fiscal Impact
☐ No Fiscal Impact
☒ Funding Source Confirmed:
$73,000 is anticipated for root foaming service for the remainder of the current fiscal year and the funding has been allocated in the current year’s operating budget, Account Number 501-3-710-8351.

Source: Purpose: Public Outreach:

Staff Discretionary Action Posting of Agenda
*Insert additional information, or delete if not used
19

RESOLUTION NO. 2022 –

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELMONT AUTHORIZING THE CITY MANAGER TO SIGN A TASK ORDER WITH DUKE’S ROOT CONTROL, INC., FOR ROOT FOAMING OF SANITARY SEWER LINES FOR $73,000
WHEREAS, in 2016, the City Council authorized the City to enter into a cooperative purchasing contract through (Houston-Galveston Area Council Buy) in lieu of following the City’s competitive procurement process; and,
WHEREAS, HGACBuy is a "Government-to-Government" procurement service available nationwide, and using this service makes the governmental procurement process more efficient by establishing competitively priced contracts at larger scales for goods and services; and,
WHEREAS, $73,000 is currently budgeted in Fiscal Year 2022 in Account Number 501-3-710-8351/Other Professional Technical.

NOW, THEREFORE, the City Council of the City of Belmont resolves as follows:

SECTION 1. The City Manager is authorized to negotiate and execute an agreement purchasing sanitary sewer line root foaming service from Duke’s Root Control, Inc. for an amount not to exceed $73,000.
* * *
ADOPTED May 10, 2022 by the City of Belmont City Council by the following vote:

Ayes:

Noes:

Absent:

Abstain:

ATTEST:

City Clerk Mayor
APPROVED AS TO FORM:

City Attorney
20 Page
2 of 2
21

815 Old County Road Sanitary Sewer Main Upgrade Project Construction Inspection Services - Staff Report.docx

STAFF REPORT
Deleted: Staff Report
Meeting Date: May 10, 2022
Agency: City of Belmont
Staff Contact: Bozhena Palatnik, Public Works, (650) 595-7463, [email protected] Agenda Title: 815 Old County Road Sanitary Sewer Main Upgrade Project Construction Inspection Services
Agenda Action: Resolution
Recommendation
Adopt a resolution authorizing the City Manager to negotiation and execute a Task Order with MNS Engineers, Inc. to provide construction inspection and constructability review services for the 815 Old County Road Sanitary Sewer Main Upgrade Project for an amount not to exceed $197,314.

Strategic Focus Area
Infrastructure and Mobility
Background
The development at 815 Old County Road will consist of a 5-story 177-unit apartment building. The project was entitled in 2021 and is currently under review for building permit issuance. As part of the conditions of approval the Developer is required to design offsite improvements to upgrade the Hiller Sanitary Sewer Lift Station, and subsequently the City will bid and construct the pump station improvements. Additionally, the Developer is required to replace the existing undersized sanitary sewer gravity main along Hiller Street from Wessex Way to the Hiller lift station located between 604 and 606 Hiller Street. The project scope involves replacing approximately 1,870 feet of the undersized and defective sewer main on Hiller Street, reconnecting 37 service laterals along the alignment, rehabilitating existing manholes, and construct new manholes to provide for a more efficient project completion. The new sewer main is sized to handle flows from the tributary area in a fully developed condition.

Analysis
On April 26, 2022, Council authorizing the City Manager to enter into a cost sharing agreement with CP VII 815 BELMONT LLC (Developer) for the replacement of the sewer main along Hiller Street in the amount of $1,671,279. This amount includes $197,314 allocated for the construction inspection and constructability review services to be conducted by the City’s representative MNS Engineers, Inc. This action authorizes issuing a Task Order with MNS Engineers to conduct above mentioned services.

Alternatives

1. Take no action.

2. Refer back to staff for further information
Attachments
A. Resolution
Deleted: approving
22

815 Old County Road Sanitary Sewer Main Upgrade Project Construction Inspection Services - Staff Report.docx Deleted: Staff Report
Fiscal Impact
☐ No Fiscal Impact
☒ Funding Source Confirmed: $197,314 from Basin Rehabilitation Account 503-3-730-7073- 9030.

Source: Purpose: Public Outreach:

Staff Statutory/Contractual Requirement Posting of Agenda 23

RESOLUTION NO. 2022 –

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELMONT

AUTHORIZING THE CITY MANAGER TO EXECUTE A TASK ORDER WITH MNS ENGINEERS, INC. TO PROVIDE CONSTRUCTION INSPECTION AND
CONSTRUCTABILITY REVIEW SERVICES FOR THE 815 OLD COUNTY ROAD

SANITARY SEWER MAIN UPGRADE PROJECT FOR AN AMOUNT NOT TO EXCEED $197,314.

WHEREAS, the conditions of approval of the development at 815 Old County Road required Developer to design and replace the existing sanitary sewer gravity main line along Hiller Street from Wessex Way to the Hiller lift station located between 604 and 606 Hiller Street; and,
WHEREAS, the City has agreed to assist Developer in fulfilling the sewer condition by sharing in the cost to replace approximately 1,870 feet of the undersized and defective sewer main, reconnect 37 service laterals along the alignment, rehabilitate existing manholes, and construct new manholes to provide for a more efficient project completion; and, WHEREAS, on April 26, 2022, Council authorizing the City Manager to enter into a cost sharing agreement with CP VII 815 BELMONT LLC (Developer) for the replacement of the sewer main along Hiller Street in the amount of $1,671,279; and, WHEREAS, this amount includes $197,314 reserved for the construction inspection and constructability review services to be conducted by the MNS Engineers, Inc; and, WHEREAS, funds are available in account 503-3-730-7073-9030 for the work.

NOW, THEREFORE, the City Council of the City of Belmont resolves as follows:

SECTION 1. The City Manager is authorized to negotiate and execute a Task Order with MNS Engineers, Inc. to provide construction inspection and constructability review services for the 815 Old County Road Sanitary Sewer Main Upgrade Project for an amount not to exceed $197,314.
* * *
24

ADOPTED May 10, 2022 by the City of Belmont City Council by the following vote:

Ayes:

Noes:

Absent:

Abstain:

ATTEST:

City Clerk Mayor
APPROVED AS TO FORM:

City Attorney
25

Firehouse Square Phase 2 Townhomes Permanent Encroachment Agreement - Staff Report.docx

STAFF REPORT
Meeting Date: May 10, 2022
Agency: City of Belmont
Staff Contact: Jared Barrilleaux, Public Works Department, (650) 595-7469, [email protected]
Agenda Title: Firehouse Square Phase 2 Townhomes - Permanent Encroachment Agreement Agenda Action: Resolution
Recommendation
Adopt a resolution approving a Permanent Encroachment Agreement to allow building encroachment above the public storm drain easement at Firehouse Square Phase 2 Townhomes Development.

Strategic Focus Area
Economic Development and Housing
Background
On October 22, 2019, the Council adopted a resolution approving a Tentative Map, Design Review, Conditional Use Permit, Grading Plan, and Tree Permit and exemptions for the Firehouse Square Project (Resolution 2019-106, 107, 108). The project is to be developed in two phases. On June, 23, 2020, the Council approved the final map for the first phase development, which is currently under construction by MP Firehouse Square Associates, L.P.

The developer for the Phase2 of the Development is Belmont Firehouse Square, LLC. On October 15, 2021, the developer submitted a final map and building permit application to construct the 15 unit townhomes at the corner of Broadway and 5th Ave. Initial plans proposed construction of a corner of a building atop the storm drain easement. Staff has worked with the applicant to revise plans to meet City’s requirements which currently proposes a portion of the building structure to overhang and encroach vertically into the Storm Drain Easement along Civic Lane. The overhang will be over 8 feet above grade and will allow access if needed.

Analysis
The Major Encroachment Permit (via an Agreement) is called for in Belmont City Code (BCC) section 22-6 and will clearly define the maintenance of the structure as the developer’s responsibility. BCC Section 22-6 regulates encroachments into the public right-of-way. The Code gives the City Council the sole authority to issue permits for “major or unusual encroachments” that include above-ground structures such as retaining walls, fences, poles, and awnings. This class of encroachment is commonly known as “permanent encroachment”. However, the City retains the right to revoke the permit and require removal if the structure is not being used or if it interferes with planned public improvements. Section 22-6(b) requires the Director of Public Works to review all permanent encroachment applications. If the Director finds the application is in compliance with the BCC, the Director will recommend approval with conditions necessary to protect the health and safety of the public and the City. 26

Firehouse Square Phase 2 Townhomes Permanent Encroachment Agreement - Staff Report.docx The developer of Phase 2 has submitted a permanent encroachment agreement application to allow encroachment into the storm drain easement as shown in Exhibit A. Staff has reviewed the application and found it in compliance with the City Code. The City Council may choose to approve or to conditionally approve the request only if it considers that there is some public benefit for the encroachment. Section 22-7(e)(1) provides examples of acceptable public benefits, such as added offstreet parking, or sidewalk, safer sight distance, reduced amount of grading, and replacement or improvement of an existing undesirable physical condition.

The proposed encroachment will allow access within the easement for maintenance and will also allow the construction of the 15 townhomes which were part of the overall entitlements of 81 units of which over 80% of the units were dedicated for affordable housing. This is five times higher than the city’s inclusionary ordinance. In accordance with BCC 22-6(d), notices were sent to all affected properties within 300 feet of the project location that the City Council would be considering the item.

Alternatives

1. Reject the application

2. Refer back to staff for more information
Attachments
A. Resolution
B. Exhibit A – Building encroachment onto storm drain easement Fiscal Impact
☐ No Fiscal Impact
☒ Funding Source Confirmed: Applicant has paid the appropriate permit fee.

Source: Purpose: Public Outreach:

Staff Statutory/Contractual Requirement Other*
Notices sent to all affected properties within 300 feet of the project location 27

RESOLUTION NO. 2022 –

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELMONT

APPROVING A PERMANENT ENCROACHMENT AGREEMENT TO ALLOW A

BUILDING ENROACHMENT WITHIN THE PUBLIC STORM DRAIN EASEMENT AT THE FIREHOUSE SQUARE PHASE 2 TOWNHOMES DEVELOPMENT
WHEREAS, the City of Belmont is authorized by BCC 22-6 to issue encroachment permits for construction of structures in the public right-of-way; and, WHEREAS, the developer of Firehouse Square Phase 2 Townhomes has applied for a Permanent Encroachment Agreement to allow part of a building to encroach onto a storm drain easement along Civic Lane indicated in Exhibit A; and,
WHEREAS, the developer indicates that the encroachment will allow the construction of the 15 townhomes which were part of the overall entitlements of 81 units of which over 80% of the units were dedicated for affordable housing; and, WHEREAS, the Public Works Director has reviewed the application and determined that the application is in accordance with the requirements of BCC Chapter 22, Section 6(e); and,
WHEREAS, the encroached building in connection with this agreement shall be constructed in accordance with City standards with the location as shown in Exhibit A.

NOW, THEREFORE, the City Council of the City of Belmont resolves as follows:

SECTION 1. The City Council finds:
(a) There is a public benefit to the encroachments as the encroachment will allow the construction of more affordable housing units; and,
(b) The encroachment will not unduly restrict the public right of way or public water course for other typical uses; and,
(c) The City will be duly protected from liability for injury to persons and property; and,
(d) The required bonds will guarantee the faithful performance of all conditions and requirements specified in the encroachment agreement.

SECTION 2. The Permanent Encroachment Permit is approved subject to following conditions of approval which must be strictly complied with:
(a) The encroached building shall be constructed according to the approved plans unless otherwise approved by the Director of Public Works and be included as part of the project; and,
28

(b) The property owners shall be responsible and bear all costs necessary to remove the encroachment in the event as determined by the Director of Public Works; and, (c) The property owners shall be responsible for any restoration required as a consequence of work authorized by the City of Belmont within the public right-of-way; and, (d) The applicant agrees to begin and complete said improvements to the City’s satisfaction within 180 calendar days (or as extended by the Public Works Director) from and after the passage date of this Council Resolution approving this agreement.

SECTION 3. The City Council authorizes the City Manager to execute the Permanent Encroachment Agreement on behalf of the City of Belmont.

SECTION 4. Authorizes the City Clerk to file said Agreement with the County Recorder. * * *
ADOPTED May 10, 2022 by the City of Belmont City Council by the following vote:

Ayes:

Noes:

Absent:

Abstain:

ATTEST:

City Clerk Mayor
APPROVED AS TO FORM:

City Attorney
29 Exhibit A
Plan View: Storm Drain Easement near unit 100.

Unit 100 - First Floor with Encroachment Area Above Hatched in Red 30 Unit 100 – Section View with Encroachment Highlighted at Second Level 31

Firehouse Square Phase 2 - Final Map Approval - Staff Report.docx

STAFF REPORT
Meeting Date: May 10, 2022
Agency: City of Belmont
Staff Contact: Jared Barrilleaux, Public Works Department, (650) 595-7469, [email protected]
Agenda Title: Firehouse Square Phase 2 Townhomes - Final Subdivision Map Agenda Action: Resolution
Recommendation
Adopt Resolution approving final subdivision map, subdivision improvement agreement and maintenance agreement for the Firehouse Square Phase 2 Townhomes Development.

Strategic Focus Area
Economic Development and Housing
Background
On October 22, 2019, the City Council adopted Resolution No. 2019-106, approving the tentative map for the Firehouse Square Project. The subdivision project is comprised of two components: a mixed-use project consisting of 65 affordable rental apartment units, a manager’s unit, and 3,748 square feet (SF) of commercial space; and a second for-sale market-rate 15-unit townhome component. The project is in the Belmont Village Specific Plan (BVSP) and is subject to its requirements.

The project is developed by two different developers: MP Firehouse Square Associates, L.P. for the affordable housing apartments, and Belmont Firehouse Square LLC for the townhouse units. The Firehouse Square property has been subdivided into two parcels with each developer filing for their own subdivision application separately.

On June 23, 2020, the Council adopted a resolution approving final subdivision map for Phase 1 of the development. The project is currently under construction by MP Firehouse Square Associates, L.P. On October 15, 2021, Belmont Firehouse Square LLC submitted a final map and building permit application to construct Phase 2 of the 15-unit townhomes
Analysis
The City Engineer and Land Surveyor consultant have examined the submitted final map and find it substantially in conformance with the approved Vesting Tentative Map, the State Subdivision Map Act, and the City of Belmont Subdivision Ordinance, and are satisfied that it is technically correct. The developer is required to enter into a subdivision improvement agreement with bonds to guarantee the completion of all public improvements related to the project. Belmont Firehouse Square LLC is responsible for the construction of all off-site improvements fronting their parcel including joint trench utilities on Civic Lane and sewer line upsizing along El Camino Real and Broadway. 32

Firehouse Square Phase 2 - Final Map Approval - Staff Report.docx The developer will also enter into a maintenance agreement with the City to maintain improvements along the frontage and within the development. The agreement provides for the adequate maintenance of the exterior portions of the property that are visible from the public street and require the common areas to be always maintained in good condition and repair. Additional features to be privately maintained include, but are not limited to stormwater treatment areas, landscaping, parking areas, lighting, retaining walls, private walkways, building exteriors, street trees, sidewalk, curbs and gutter, streetlights and driveways along the property frontage to ensure that the property remains in clean and superior condition in accordance with approved plans, rules and regulations and applicable laws.

The development will require the dedication of public utility easements to the City. The easements will allow the installation of electrical, gas, storm, and other utilities as required and related to this development. The locations and descriptions of these easements are shown on the final map. A copy of the said final map is on file with the Public Works Department.

Per Belmont Subdivision Ordinance Section 4.14, a subdivision shall dedicate 5' public utility easements (PUE’s) along the boundaries of the property for the installation of future public utilities as determined by the City Engineer. The developer has proposed waiving this requirement because of the required building footprints. The City Engineer has reviewed the request and determine that the waiving of this requirement will not impact future utility installations.

Alternatives

1. There are no alternative actions as approval of a final map is ministerial once all conditions of the Vesting Tentative Map are satisfied.

Attachments
A. Resolution
Fiscal Impact
☐ No Fiscal Impact
☒ Funding Source Confirmed: The applicant will pay all fees required for the final map Source: Purpose: Public Outreach:

Staff Statutory/Contractual Requirement Posting of Agenda 33

RESOLUTION NO. 2022 –

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELMONT

APPROVING THE FINAL SUBDIVISION MAP, SUBDIVISION IMPROVEMENT

AGREEMENT AND MAINTENANCE AGREEMENT FOR THE FIREHOUSE
SQUARE PHASE 2 TOWNHOMES DEVELOPMENT
WHEREAS, on October 22, 2019, the City Council adopted Resolution No. 2019-106, approving the tentative map for the Firehouse Square Subdivision; and, WHEREAS, the subdivision project is comprised of two components: a mixed-use project consisting of 66 affordable rental apartment units, and 3,748 square feet (SF) of commercial space (Phase 1); and a second for-sale market-rate 15-unit townhome component (Phase 2); and,
WHEREAS, the developer of the 15-unit townhome project, Belmont Firehouse Square LLC, has filed the final map application to subdivide the Firehouse Square Phase 2 property for the construction of their project; and,
WHEREAS, the City Engineer and Land Surveyor consultant have examined the map titled “FIREHOUSE SQUARE FINAL MAP-PHASE 2” shown in Exhibit A to this resolution, and determine that it is substantially in conformance with the approved Vesting Tentative Map, the State Subdivision Map Act, and the City of Belmont Subdivision Ordinance, and are satisfied that it is technically correct; and,
WHEREAS, Belmont Firehouse Square, LLC has agreed to enter into a Continuing Maintenance Agreement with the City of Belmont for improvements within and along the frontage of the development, and adequate maintenance of the exterior portions of the property that are visible from the public street and shall maintain in good condition and repair at all times the common areas; and,
WHEREAS, Belmont Firehouse Square, LLC is required to enter into a subdivision improvement agreement with bonds to guarantee the completion of all public improvements related to the project.

NOW, THEREFORE, the City Council of the City of Belmont resolves as follows:

SECTION 1. The map titled “FIREHOUSE SQUARE FINAL MAP-PHASE 2” is approved. Recordation of the Final Subdivision Map is subject to the condition that all requirements of law and the Subdivision Ordinance of the City of Belmont be fully complied with in connection with said Final Subdivision Map and the following conditions:
(a) Subdivision Improvement Agreement between the City of Belmont and the applicant is executed; and,
(b) Applicant to post all bonds, pay all fees, and satisfy all conditions required for recordation of the final map.
34

SECTION 2. The Subdivision Improvement Agreement and Maintenance Agreement are approved for execution by the City Manager.

SECTION 3. The City Clerk is hereby authorized and directed to endorse thereon her signature an order of the City Council approving said Map, accepting the offered public utility easements, and to affix thereto the corporate seal of the City of Belmont. * * *
ADOPTED May 10, 2022 by the City of Belmont City Council by the following vote:

Ayes:

Noes:

Absent:

Abstain:

ATTEST:

City Clerk Mayor
APPROVED AS TO FORM:

City Attorney
35 SURVEYOR'S STATEMENT THIS FINAL MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF THE CITY OF BELMONT IN APRIL 2022. I HEREBY STATE THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP, IF ANY. I HEREBY STATE THAT THE MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED, OR THAT THEY WILL BE SET IN THOSE POSITIONS BEFORE APRIL 2024, AND THAT THE MONUMENTS ARE, OR WILL BE, SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. BY: DAVID C. JUNGMANN, PLS 9267 BKF ENGINEERS DATE: COUNTY RECORDER'S STATEMENT FILED THIS DAY OF , 2022 AT M. IN BOOK OF MAPS, AT PAGE , AT THE REQUEST OF BKF ENGINEERS. FEE: MARK CHURCH COUNTY RECORDER IN AND FOR THE SERIES: COUNTY OF SAN MATEO, CALIFORNIA BY: DEPUTY COUNTY RECORDER OWNER'S STATEMENT WE HEREBY STATE THAT IN ACCORDANCE WITH HEALTH & SAFETY CODE SECTION 34176, THE CITY OF BELMONT IS THE SUCCESSOR IN INTEREST TO HOUSING ASSETS (AS DEFINED IN HEALTH & SAFETY SECTION 34176) OF THE FORMER BELMONT REDEVELOPMENT AGENCY (THE "FORMER AGENCY"). THE FORMER AGENCY ACQUIRED THE PROPERTY USING THE FORMER AGENCY'S LOW AND MODERATE HOUSING FUND, WHICH WAS ESTABLISHED UNDER HEALTH AND SAFETY CODE SECTION 33334.2. AS THE HOUSING SUCCESSOR TO THE FORMER AGENCY, THE CITY IS THE OWNER OF THE PROPERTY. WE HEREBY STATE THAT WE ARE THE OWNERS OF, OR HAVE SOME RIGHT, TITLE, OR INTEREST IN AND TO THE REAL PROPERTY INCLUDED WITHIN THE SUBDIVISION AS SHOWN UPON THE HEREIN FINAL MAP; THAT WE ARE THE ONLY PERSONS WHOSE CONSENT IS NECESSARY TO PASS CLEAR TITLE TO SAID REAL PROPERTY; AND THAT WE HEREBY CONSENT TO THE MAKING AND RECORDING OF SAID MAP AND SUBDIVISION AS SHOWN WITHIN THE DISTINCTIVE BORDER. THE REAL PROPERTY DESCRIBED BELOW ARE DEDICATED AS EASEMENTS FOR PUBLIC PURPOSES: WE HEREBY IRREVOCABLY OFFER TO DEDICATE TO PUBLIC USE A NON-EXCLUSIVE PUBLIC UTILITY EASEMENT, TOGETHER WITH THE RIGHTS OF INGRESS AND EGRESS, FOR ANY AND ALL PUBLIC UTILITY FACILITIES INCLUDING STORM SEWERS, SANITARY SEWERS, GAS, WATER, POLES, WIRES, CONDUITS, OR ANY OTHER PUBLIC UTILITY AND ALL APPURTENANCES TO THE ABOVE, UNDER, UPON, OR OVER THOSE CERTAIN PORTIONS OF LAND DELINEATED ON THE MAP AND DESIGNATED AS "5.00' PUBLIC UTILITY EASEMENT" (P.U.E.). SAID PUBLIC UTILITY EASEMENT IS TO BE KEPT OPEN AND FREE FROM BUILDINGS AND STRUCTURES OF ANY KIND EXCEPT PUBLIC SERVICE STRUCTURES, IRRIGATION SYSTEMS AND APPURTENANCES THERETO, LAWFUL FENCES AND ALL LAWFUL UNSUPPORTED ROOF OVERHANGS. WE HEREBY IRREVOCABLY OFFER TO DEDICATE TO PUBLIC USE THOSE EMERGENCY VEHICLE ACCESS EASEMENTS, UNDER, UPON, OR OVER THOSE CERTAIN PORTIONS OF LAND DELINEATED ON THE MAP AND DESIGNATED AS "20.00' EMERGENCY VEHICLE ACCESS EASEMENT" (E.V.A.E.). SAID EMERGENCY VEHICLE ACCESS EASEMENTS ARE TO BE KEPT OPEN AND FREE FROM BUILDINGS AND STRUCTURES OF ANY KIND EXCEPT PUBLIC SERVICE STRUCTURES, IRRIGATION SYSTEMS AND APPURTENANCES THERETO, LAWFUL FENCES AND ALL LAWFUL UNSUPPORTED ROOF OVERHANGS. AS OWNER: CITY OF BELMONT, HOUSING SUCCESSOR TO THE FORMER BELMONT REDEVELOPMENT AGENCY, A MUNICIPAL CORPORATION BY: NAME: ___________________________ TITLE: AUTHORIZED INDIVIDUAL VICINITY MAP NOT TO SCALE PRELIMINARY 20130208 - (JMS) E L C A M I N O R E A L O ' N E I L L A V E N U E B R O A D W A Y F I F T H A V E SITE FIREHOUSE SQUARE FINAL MAP - PHASE 2 255 SHORELINE DR., SUITE 200 REDWOOD CITY, CA 94065 (650) 482-6300 www.bkf.com SHEET 1 OF 3 SOILS AND GEOLOGICAL REPORT A SOILS REPORT AND/OR GEOLOGICAL REPORT ON THIS PROPERTY HAS BEEN PREPARED BY ROCKRIDGE GEOTECHNICAL, DATED FEBRUARY 13, 2020, A COPY OF WHICH HAS BEEN FILED WITH THE CITY OF BELMONT. CITY ENGINEER'S STATEMENT I HEREBY STATE THAT I HAVE EXAMINED THIS MAP; THAT THE SUBDIVISION AS SHOWN IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP, AND ANY APPROVED ALTERATIONS THEREOF; THAT ALL PROVISIONS OF THE CALIFORNIA SUBDIVISION MAP ACT AND ANY LOCAL ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP, HAVE BEEN COMPLIED WITH. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND THIS DAY OF , 2022. BY: JARED BARRILLEAUX, R.C.E. 78418 ASSISTANT PUBLIC WORKS DIRECTOR / CITY ENGINEER DATE: CITY SURVEYOR'S STATEMENT I AM SATISFIED THAT THIS MAP IS TECHNICALLY CORRECT. BY: ANNE-SOPHIE TRUONG, LS 8998 DATE: OWNER'S ACKNOWLEDGMENT A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT STATE OF CALIFORNIA COUNTY OF     )SS ON 2022, BEFORE ME, , A NOTARY PUBLIC, PERSONALLY APPEARED, , WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME IS SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE EXECUTED THE SAME IN HIS/HER AUTHORIZED CAPACITY, AND THAT BY HIS/HER SIGNATURE ON THE INSTRUMENT THE PERSON, OR THE ENTITY UPON BEHALF OF WHICH THE PERSON ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND: NOTARY'S SIGNATURE: PRINTED NAME: PRINCIPAL PLACE OF BUSINESS: COMMISSION No.: COMMISSION EXPIRATION DATE: CITY CLERK'S STATEMENT I, JOZI PLUT, CMC, CITY CLERK OF THE CITY OF BELMONT, STATE OF CALIFORNIA, HEREBY STATE THAT THE CITY COUNCIL BY ITS RESOLUTION NO. , ADOPTED , 2022 ADOPTED AND APPROVED THIS FINAL MAP ENTITLED, "FIREHOUSE SQUARE FINAL MAP - PHASE 2" AND DID HEREBY ACCEPT ON BEHALF OF THE PUBLIC, THOSE OFFERS OF DEDICATION FOR PUBLIC UTILITY EASEMENT AND EMERGENCY VEHICLE ACCESS EASEMENTS, AS SHOWN ON THIS MAP. DATE: JOZI PLUT, CMC, CITY CLERK OF THE CITY OF BELMONT STATE OF CALIFORNIA BEING A MERGER OF A PORTION OF THE LANDS DESCRIBED IN THAT CERTAIN GRANT DEED RECORDED ON SEPTEMBER 5, 1995, AS DOCUMENT NUMBER 1995-092537, OFFICIAL RECORDS OF SAN MATEO COUNTY, SAID PORTION BEING THE SAME LANDS SHOWN AS "FUTURE PARCEL 2" ON THAT CERTAIN MAP ENTITLED “FIREHOUSE SQUARE FINAL MAP - PHASE 1” FILED FOR RECORD ON JULY 2, 2020 IN BOOK 142 OF MAPS, AT PAGES 80 THROUGH 82, RECORDS OF SAN MATEO COUNTY AND A SUBDIVISION CREATING 15 RESIDENTIAL CONDOMINIUM UNITS CITY OF BELMONT SAN MATEO COUNTY CALIFORNIA APRIL 2022 36 F I F T H A V E N U E (FORMERLY PALM AVENUE) (R/W 40' PUBLIC) F I F T H A V E N U E (R/W 70' - PUBLIC)

O ' N E I L L A V E N U E
(R/W 50' - PUBLIC)
(R/W 70' - PUBLIC)
B R O A D W A Y E L C A M I N O R E A L (R/W VARIES - PUBLIC) 50' 25' 25' LINE TABLE LINE NO. L1L2L3L4L5L6 DIRECTION S45°58'00"W N44°02'00"W N44°02'00"W S45°58'00"W N44°02'00"W S45°58'00"WLENGTH 17.58' 9.17' 7.00' 4.17' 26.00' 4.00' R=10.00' Δ=90°00'00" L=15.71' (R1) EASEMENT FOR SANITARY SEWER, WATER PIPES, WATER MAINS, GAS MAINS, ELECTRIC TRANSMISSION LINES AND INCIDENTAL PURPOSES (R7) 25.05' 35' 35' 35' N45°58'00"E 550.00' S44°02'00"E 97.86' (R1)
S45°58'00"W 110.00' 155.67' L3 L4
L6L5 199.24'

80.00' N44°02'00"W 244.33' PARCEL 2 AREA = 22,794 SQ.FT. ± (OR 0.52 AC ±) S44°02'00"E 475.74' (R1) N45°58'00"E 180.00' (TOTAL) (R1)

80.00'
N45°58'00"E 235.00' S44°02'00"E 543.67'
N42°30'00"E 235.43' 27.27'

20.00'
20'

41.73' C I V I C L A N E (R/W 20' - PUBLIC) 70' 35' 70' R=10.00' Δ=90°00'00" L=15.71' (R1) S42°30'00"W 498.51' S44°02'00"E 487.86' (TOTAL BLOCK) (R1) 557.91' (CL O'NEILL TO CL BROADWAY) 615.45' (CL O'NEILL TO TIE LINE) 58' N42°30'00"E 200.37' S44°02'00"E 390.00'
10' P.U.E. (R8)

15.00'

15.00' 15' S.W.D.E. (R1)
L1 L2 276.50'
S45°58'00"W 64.25' 15' S.W.D.E. (R1) S.D.E. (R8) S.D.E. (R8) 5.00' P.U.E. DEDICATED BY THIS MAP SEE SHEET 3 133.39' 10' P.U.E. (R8) 20.00' E.V.A.E. DEDICATED BY THIS MAP SEE SHEET 3 20.00' E.V.A.E. DEDICATED BY THIS MAP SEE SHEET 3 N47°30'00"W 3.97' (4.00') (R3) (246.45') (R3) 246.37' S I X T H A V E N U E (R/W 60' - PUBLIC) 3/4" IRON PIPE WITH PLUG AND TACK AT NORTH CORNER OF BLOCK NO. 10 (PLUG ILLEGIBLE) (R1) S27°02'17"E 182.90' 25.05' N45°21'13"E 6.00' (R6) N47°15'00"W 2.00' (R6) LEAD & TACK R.P. "LS 7616" (R6) LEAD & TACK R.P. "LS 7616" (R6) 3/4" IP WITH PLUG AND TACK BELOW SIDEWALK (PLUG ILLEGIBLE) (R1) N55°20'42"W

40.06' (40.00') (R2) S47°30'00"E 7.10' (7.00') (R2) 2.5" BRASS DISK W/ PUNCH "RCE 11051" (R3) SYMBOL LEGEND FOUND CITY MONUMENT FOUND IRON PIPE FOUND LEAD & TACK R.P. 2" BRASS DISK TO BE SET PER (R8) AND (R9), STAMPED "PLS 9267" 2" BRASS DISK TO BE SET, STAMPED "PLS 9267" ABBREVIATIONS AC ACRE CR CORNER RECORD DN DOCUMENT NUMBER E.V.A.E EMERGENCY VEHICLE ACCESS EASEMENT IP IRON PIPE OR OFFICIAL RECORD P.U.E. PUBLIC UTILITY EASEMENT R.P. REFERENCE POINT R/W RIGHT OF WAY WIDTH S.D.E. STORM DRAINAGE EASEMENT SQ FT SQUARE FEET S.W.D.E. STORM WATER DRAINAGE EASEMENT LINETYPE LEGEND ADJACENT LOT LINE SUBJECT BOUNDARY LINE EXISTING EASEMENT LINE NEW EASEMENT LINE ROAD CENTERLINE BASIS OF BEARING LINE LOT LINES TO BE REMOVED TIE/RADIAL LINES SEE DETAIL "A" DETAIL "A" SURVEYOR’S NOTE 1. THE PURPOSE OF THIS SHEET IS TO SHOW THE PROPERTY BOUNDARY AND LOCATIONS OF EXISTING AND DEDICATED EASEMENTS RELATIVE TO SAID BOUNDARY. SEE SHEET 3 FOR DETAILS REGARDING THE 5.00' P.U.E. AND 20' E.V.A.E. DEDICATED BY THIS MAP. 2. ALL BEARINGS AND DISTANCES SHOWN ARE PER REFERENCE (1) UNLESS OTHERWISE NOTED. BASIS OF BEARINGS THE CALCULATED BEARING SOUTH 01°03'45" EAST BETWEEN FOUND MONUMENTS AT THE NORTH CORNERS OF BLOCK NO. 3 AND BLOCK NO. 10 AS SAID MONUMENTS ARE SHOWN ON THE MAP ENTITLED "BAY VIEW HEIGHTS" RECORDED ON OCTOBER 18, 1926 IN BOOK 14 OF MAPS AT PAGES 39 AND 40, SAN MATEO COUNTY RECORDS. REFERENCES R1 14 MAPS 39 R2 17 MAPS 11 R3 121 MAPS 63 R4 DN. 2011-029726 "GRANT DEED" R5 DN. 95092537 "GRANT DEED" R6 CR 2189 "CORNER RECORD" R7 249 OR 343 R8 142 MAPS 80-82 R9 DN. "CERTIFICATE OF CORRECTION - FIREHOUSE SQUARE FINAL MAP - PHASE 1" 2.5" BRASS DISK W/PUNCH "RCE 11051" (R3) 3/4" IP WITH PLUG & TACK "RCE 11051" (R3) 3/4" IP WITH PLUG & TACK "HUTTON LLS 5454" (R2) 20130208 - (JMS) FIREHOUSE SQUARE FINAL MAP - PHASE 2 255 SHORELINE DR., SUITE 200 REDWOOD CITY, CA 94065 (650) 482-6300 www.bkf.com SHEET 2 OF 3

BASIS OF BEARINGS
S01°03'45"E 806.89' (R8) BEING A MERGER OF A PORTION OF THE LANDS DESCRIBED IN THAT CERTAIN GRANT DEED RECORDED ON SEPTEMBER 5, 1995, AS DOCUMENT NUMBER 1995-092537, OFFICIAL RECORDS OF SAN MATEO COUNTY, SAID PORTION BEING THE SAME LANDS SHOWN AS "FUTURE PARCEL 2" ON THAT CERTAIN MAP ENTITLED “FIREHOUSE SQUARE FINAL MAP - PHASE 1” FILED FOR RECORD ON JULY 2, 2020 IN BOOK 142 OF MAPS, AT PAGES 80 THROUGH 82, RECORDS OF SAN MATEO COUNTY AND A SUBDIVISION CREATING 15 RESIDENTIAL CONDOMINIUM UNITS CITY OF BELMONT SAN MATEO COUNTY CALIFORNIA SCALE 1" = 30' APRIL 2022 37 S45°58'00"W

17.58' N44°02'00"W 9.17' L8 S44°02'00"E 73.84' PARCEL 2 AREA = 22,794 SQ. FT. ± (OR 0.52 AC ±) S45°58'00"W 64.25' L17 L18 L19 L20 L21
L22 L7
L8 L9
L10 L11
L12 L13 L14 L15 L16 P.U.E. AREA = 387± SQ. FT. 5.00' 5.00' 5.00' LIMITS OF E.V.A.E. SEE BELOW LINE TABLE LINE NO. L7L8L9 L10 L11 L12 L13 L14 L15 L16 L17 L18 L19 L20 L21 L22 DIRECTION S44°02'00"E S46°00'03"W S81°18'08"W S46°00'00"W N44°02'00"W N46°00'00"E N02°34'03"E N43°59'58"W S79°20'54"W N66°06'17"W N23°53'43"E N79°20'54"E S43°59'58"E S02°34'03"W N81°18'08"E N46°00'03"ELENGTH 5.00' 11.56' 14.59' 8.00' 5.00' 7.80' 13.72' 18.28' 5.23' 5.00' 2.63' 10.55' 23.12' 13.82' 10.75' 9.96' PARCEL 2 AREA = 22,794 SQ. FT. ± (OR 0.52 AC ±) S45°58'00"W 64.25'
S45°58'00"W

17.58' N44°02'00"W 9.17'
S45°58'00"W 60.20' N44°02'00"W 20.00'
N45°58'00"E 60.20' S44°02'00"E 20.00' 104.00' E.V.A.E. AREA = 1,204± SQ. FT. S44°02'00"E 57.33' P.U.E. SEE ABOVE 20.00' N45°58'00"E 60.20'
S45°58'00"W 60.20' N44°02'00"W 20.00' E.V.A.E. AREA = 1,204± SQ. FT. 5.00' PUBLIC UTILITY EASEMENT AS DEDICATED BY THIS MAP SCALE: 1" = 10' SURVEYOR’S NOTE THE PURPOSE OF THIS SHEET IS TO DEFINE THE PUBLIC UTILITY EASEMENT DEDICATED BY THIS MAP. LINETYPE LEGEND SUBJECT BOUNDARY LINE LOT LINES TO BE REMOVED EASEMENT LINE (AS NOTED) ABBREVIATIONS AC ACRE E.V.A.E EMERGENCY VEHICLE ACCESS EASEMENT R/W RIGHT OF WAY WIDTH P.U.E. PUBLIC UTILITY EASEMENT SQ. FT. SQUARE FEET HATCH LEGEND 5.00' P.U.E. DEDICATED BY THIS MAP 20.00' E.V.A.E. DEDICATED BY THIS MAP 20130208 - (JMS) FIREHOUSE SQUARE FINAL MAP - PHASE 2 255 SHORELINE DR., SUITE 200 REDWOOD CITY, CA 94065 (650) 482-6300 www.bkf.com SHEET 3 OF 3 C I V I C L A N E (R/W 20' - PUBLIC) 20.00' EMERGENCY VEHICLE ACCESS EASEMENTS AS DEDICATED BY THIS MAP SCALE: 1" = 10' C I V I C L A N E (R/W 20' - PUBLIC) BEING A MERGER OF A PORTION OF THE LANDS DESCRIBED IN THAT CERTAIN GRANT DEED RECORDED ON SEPTEMBER 5, 1995, AS DOCUMENT NUMBER 1995-092537, OFFICIAL RECORDS OF SAN MATEO COUNTY, SAID PORTION BEING THE SAME LANDS SHOWN AS "FUTURE PARCEL 2" ON THAT CERTAIN MAP ENTITLED “FIREHOUSE SQUARE FINAL MAP - PHASE 1” FILED FOR RECORD ON JULY 2, 2020 IN BOOK 142 OF MAPS, AT PAGES 80 THROUGH 82, RECORDS OF SAN MATEO COUNTY AND A SUBDIVISION CREATING 15 RESIDENTIAL CONDOMINIUM UNITS CITY OF BELMONT SAN MATEO COUNTY CALIFORNIA SCALE 1" = 10' APRIL 2022 38

RESOLUTION NO. 2022 –

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELMONT

AUTHORIZING THE CITY MANAGER TO EXECUTE A LISTING AGREEMENT

WITH ABE MATAR FOR REAL ESTATE BROKER SERVICES FOR SALE OF

THREE CITY OWNED HOUSING PROPERTIES, AND APPROVING A BUDGET APPROPRIATION OF $90,000
WHEREAS, on January 24, 2012, the Belmont City Council approved Resolution No. 2012-0013 authorizing the City to become the Housing Successor Agency of the now dissolved Belmont Redevelopment Agency (the "Agency"), thereby assuming all rights, powers, assets, liabilities, duties, and obligations previously associated with the housing activities of the Agency in accordance with Health and Safety Code Section 34176; and, WHEREAS, on August 30, 2012, the California Department of Finance (DOF) approved the transfer of all housing assets listed on the Belmont Housing Asset Transfer Form from the Agency to the City pf Belmont acting in its capacity as the Belmont Housing Successor Agency; and,
WHEREAS, the properties subject to this listing agreement are included on the Housing Asset Transfer Form approved by DOF and are now owned by the City. The properties subject to this Agreement include one single family home (30 Oxford Place) and two condominium units (300 Davey Glen Road #3507 and 400 Davey Glen Road #4606), all of which are shown in Exhibit A attached hereto and incorporated herein by this reference (the “Properties”); and,
WHEREAS, on May 28, 2019, the Belmont City Council approved a Tenant Relocation Plan and Replacement Housing Plan pursuant to California Health and Safety Code Section 33413, and directed staff to proceed with sale of the Properties consistent with the Belmont General Plan Housing Element Program 2.1 which directs sale of real property assets and reinvestment of assets towards development of new affordable housing units; and, WHEREAS, the City now desires to pursue the sale of these properties to market rate buyers pursuant to Health and Safety Code Section 33433, which requires that before any property which was acquired in whole or in part, directly or indirectly, with redevelopment tax increment moneys is sold or leased for development pursuant to the redevelopment plan, the sale or lease must be approved by the legislative body after a public hearing; and, WHEREAS, in January 2022 the City issued a Request for Proposals for residential real estate broker services to market and sell the Properties and received one proposal. After reviewing the submitted proposal, the City selected Abe Matar (“Broker”) to market and sell the Properties..

NOW, THEREFORE, the City Council of the City of Belmont resolves as follows:
39

SECTION 1. The City Manager is authorized to negotiate and execute a Property Listing Agreement with Abe Matar for Real Estate Broker Services related to marketing and sale of three City owned Housing Successor Properties with compensation for the services to be performed by the Broker not to exceed a listing commission equal to 5% of the sales prices of each of the three Properties.

SECTION 2. The City Manager is authorized to reimburse the broker for expenses related to repair and preparation of the Properties for marketing and sale, in an amount not to exceed five thousand dollars ($5,000).

SECTION 3. The Council authorizes an FY 2022 Budget appropriation of ninety thousand dollars ($90,000) from the Affordable Housing Fund, account number 275-5-902- 8352, to pay for the listing commission and property maintenance and preparation costs. * * *
ADOPTED May 10, 2022 by the City of Belmont City Council by the following vote:

Ayes:

Noes:

Absent:

Abstain:

ATTEST:

City Clerk Mayor
APPROVED AS TO FORM:

City Attorney
40

Property Listing Agreement

STAFF REPORT
Meeting Date: May 10, 2022
Agency: City of Belmont
Staff Contact: Jennifer Rose, Housing & Economic Development Director, [email protected] Agenda Title: Property Listing Agreement with Abe Matar for Real Estate Broker Services for Sale of Three City-owned Housing Properties, and a Budget Appropriation Request for $90,000
Agenda Action: Resolution
Recommendation
Adopt a resolution authorizing the City Manager to execute an agreement with Abe Matar (“Broker”) for real estate broker services for marketing and sale of three City-owned housing properties, and approving a budget appropriation of $90,000 for commission fees and necessary repair and maintenance work.

Strategic Focus Area
Economic Development and Housing
Background
In January 2012, the Belmont City Council approved Resolution No. 2012-0013 authorizing the City to serve as the Housing Successor Agency of the now dissolved Belmont Redevelopment Agency (the "Agency"), thereby assuming all rights, powers, assets, liabilities, duties, and obligations previously associated with the housing activities of the Agency in accordance with Health and Safety Code Section 34176.

The California Department of Finance approved the transfer of housing assets from the former Agency to the City of Belmont acting in its capacity as the Belmont Housing Successor Agency. Assets included residential real property assets, land held for redevelopment, and loans receivable. Among the three real property assets were three occupied residential units that the former Agency has been renting for below market rate—one single family residential home, and two condominium units (the “Properties”).

At the direction of Council, the City has been working to leverage these real estate housing assets to help fund development of more affordable housing in Belmont. The General Fund Housing Element Program

2.1 directs sale of real estate assets and reinvestment of assets towards development of new affordable units. In 2019, the City Council approved a Tenant Relocation Plan and Replacement Housing Plan, and directed staff to proceed with sale of the three properties.

The City now desires to pursue sale of these three properties to market rate buyers pursuant to Health & Safety Code Section 33433. In January 2022, the City issued a Request for Proposals for residential real estate services and received one response. After reviewing the submitted proposal, the City selected Abe Matar to market and sell the Properties.
41

Property Listing Agreement
Analysis
Sale of the Properties to market-rate buyers will generate proceeds that the City is required by law to spend on construction of new lower-income affordable housing units. Belmont is currently processing two multifamily residential 100% affordable housing projects that have requested some form of financial assistance from the City. As was detailed in the Housing Replacement Plan approved by the City Council in April 2019, the market rate sale of these three Properties is expected to help support construction of 162 new affordable housing units—a sizeable net increase of affordable units. This transaction is consistent with the General Plan Housing Element and with the City Council Strategic Plan which prioritizes affordable housing development in the City of Belmont.

The Property Listing Agreement (“Agreement”), included as attachment A, outlines the services and terms for real estate broker services, and identifies tentative listing prices for the Properties based on the March 2020 appraisal reports:

1. The single-family residential property located at 30 Oxford Place shall be listed at One Million Six Hundred Ninety Thousand Dollars ($1,690,000);

2. The condominium located at 300 Davey Glen Road #3507 shall be listed at Six Hundred Fifteen Thousand Dollars ($615,000); and,

3. The condominium located at 400 Davey Glen Road #4606 shall be listed at Five Hundred FiftyFive Thousand Dollars ($555,000); The Agreement also obligates the City and Broker to ensure compliance with Health and Safety Code Section 33433, which requires that the City publish a financial summary analysis of the property sale and hold a duly noticed public meeting to consider public input before approving the sale. That action is scheduled to be before the City Council on May 24, 2022.

The City and Broker have worked together to develop a property improvement plan in order to prepare the units for market-rate sale. Work to be completed includes replacement of flooring, interior painting, replacement of light fixtures and smoke detectors, exterior touch up work, minor landscaping, and house cleaning. Sale of the properties also required appraisal reports, pest and home inspection, and staging (staging only for the single-family residential property).

Financial Considerations
As compensation for the services performed under the attached Property Listing Agreement, the City will agree to pay the Broker a listing commission equal to 5% of the sales price of each property upon close of escrow. The Agreement also provides for a reimbursement to the broker of up to $5,000 for supplies and materials required to prepare the units for sale. The property improvement work described above is also anticipated to exceed the FY 2022 budgeted funds for repair and maintenance of housing properties.

Staff is requesting an FY 2022 budget appropriation of $90,000 to account #275-5-902-8351 to cover for the commission fees and necessary repair and maintenance work.

Alternatives

1. Provide alternative direction on disposition of Housing Successor assets.

2. Take No Action, discontinue sale of Properties.
42

Property Listing Agreement
Attachments
A. Resolution
B. Property Listing Agreement
C. Scope of Services
Fiscal Impact
☐ No Fiscal Impact
☒ Funding Source Confirmed:

The request includes a budget appropriation of $90,000 in housing fund account number 275-5-902-8351 Other
Professional and Technical. Sale of the Properties is anticipated to generate approximately $2.7 million in affordable housing funds. As required by law, those funds will be leveraged by the City to support larger multi-family affordable housing projects.

Source: Purpose: Public Outreach:

Staff Council Vision/Priority Posting of Agenda
43 January 19, 2022

PROPOSAL REGARDING

RESIDENTIAL REAL ESTATE BROKER SERVICES
City of Belmont Finance Department
One Twin Pines Lane, Suite 320, Belmont, CA 94002
www.belmont.gov
Attn: Karen Q. Clark, CPRP
Administrative Assistant
650.595.7470
[email protected]
By: Abe Matar, Realtor®
DRE #: 01417693
Broker, Managing Partner
Landmark Real Estate Services
800 South B Street, Suite 100
San Mateo, CA 94401
650.670.0890 - www.abematar.com
44 Introduction:

I am pleased to present the City of Belmont with this proposal for Residential Real Estate Brokerage Services.

My name is Abe Matar, and I am the managing broker for Landmark Real Estate Services in Downtown San Mateo. I have lived in Northern California since 1987 and in the peninsula since 2000, residing in Belmont from 2000 to 2007 at 2609 Carlmont Drive.

I have a Masters degree in Electrical Engineering from San Jose State University. I began my career working for Silicon Valley companies such as Apple, EO, an AT&T subsidiary, Compression Labs, Intuitive Surgical and Imaginon, an Internet Start-up that I helped take public. During that period, I developed extensive experience negotiating deals, managing relationships and running multiple simultaneous projects.

Since 2001, I have been involved in Real Estate Development, Management and Sales, and since 2005 as Managing Partner and Broker for Landmark Real Estate Services in San Mateo.

Over the past 16 years, I have built a referral-based foundation creating long lasting and trusting relationships with my clients, driven by Experience, Knowledge, Compassion and Integrity.
"Abe Matar is a name you can trust. His in-depth market knowledge and strategic guidance, combined with his infectious enthusiasm, has helped to create long-lasting and trusting relationships with his clients." With over 550 real estate transactions and nearly $700 million in sales, Abe is your trusted partner in real estate with over 70 “5 Star” Reviews on Zillow: https://www.zillow.com/profile/abematar/#reviews 45 1. Legal Name:

AMID Investments, Inc. (C-Corp)
DBA: Landmark Real Estate Services
800 South B Street, Suite 100
San Mateo, CA 94401
DRE License ID: 01519470
650.995.9300

2. References:

Antoine Abinader, City of Belmont Police
650.339.5825
[email protected]
Nicole Menache
650.867.4276
[email protected]
Jennifer Rose
Housing, Economic Development, & Finance Manager
City of Belmont Finance Department
650.595.7453
[email protected]

3. Years of Experience:
16 years.

4. Experience:

Over the past 16 years, I have been involved with many developers planning new projects on the peninsula that require a percentage of the units to be designated for low/medium income housing (BMR). 46 I have also sold and rented BMR units over the years. The latest was in September 2021 for 935 Old County Rd # 21 in Belmont. This was a transaction where I helped both the Seller and the Buyer, and had constant communication with Jennifer Rose with the City of Belmont to ensure that all the city requirements were met and all documents signed.

As a full-service brokerage, we’ve closed in excess of 550 transactions and will handle the sale of your properties from start to finish, listing the property, marketing it, and handling closing. We prepare detailed Comparative Market Analysis (CMA) with very similar homes or condominiums that take into consideration current market and economic conditions. Our goal to is maximize the return for each and every client.

5. Scope and Fees:

I am enclosing few pages on the scope of work, how we market and a sample marketing report. Our Listing commission fee is 5%, which will be split 50/50 between the listing and selling agents on any transaction.

This includes all consultation and meetings. We do not charge any additional hourly fees.

6. Staff:

Although my office has a number of staff to assist me, I will be the main contact person for the city of Belmont. I prefer to be the point of contact to ensure that all requests are handled in a timely manner.

7. Disclosures:

I do NOT have any professional or personal financial interest which could be a possible conflict of interest.
47 8. Acknowledgement of Agreement Terms:

I have reviewed the City of Belmont Services Agreement (Attachment A) and it is acceptable to my firm with no proposed changes.

I really appreciate the opportunity to with you and the City of Belmont! looking forward to meeting with you to address any questions you many have.

Sincerely,
________________________________
Abe Matar, Realtor® - DRE #: 01417693
Zillow.com® Premier Agent
Broker, Managing Partner
Landmark Real Estate Services
800 South B Street, Suite 100
San Mateo, CA 94401
650.670.0890 - www.abematar.com
48 SAMPLE MARKETING REPORT
49 Advertizing
ONLINE
WE GET YOUR OWN DOMAIN NAME:

WWW.123STREET.COM
Realtor.com MLSlistings.com LandmarkRS.com
PAPER
50 Member of TAN (Top Agent Netwrok)
Zillow Premier Agent
Direct Emailing to 4000+ Agents
Broker Tours
Open Homes
51 ______________________________________________________________________________________ 800 South B Street, Suite 100 Office: 650.995.9300 Cell: 650.670.0790 Fax: 650.429.2136 San Mateo, CA 94401 Email: [email protected] Web: [email protected] What We Do – Advertising
A. Paper Advertising Examples

1. Weekly 1/4 Color Advertising in Examiner Newspaper / Daily News, when necessary

2. ¼ Page Color Advertising in Homes & Land Magazine, when necessary

3. Weekly 1/4 Page adverting in SAMCAR Broker Tour Sheet

4. Weekly advertising in SF Chronicle, when necessary

5. Professionally designed full color brochure

6. For Sale Sign and brochures outside property
B. Online Advertising

1. Custom Professional Virtual Tour

2. www.emailflyerads.com

3. www.landmarkrs.com

4. mlslistings.com

5. Realtor.com

6. MLSAlliance.com

7. Craigslist.org

8. Examiner.com

9. SFgate.com

10. Paloaltodailynews.com

11. SanMateoDailyNews.com

12. Oodle.com

13. GoogleBase.com

14. YahooClassifies.com

15. Vast.com

16. HotPads.com

17. Trulia.com

18. Zillow.com

19. Geebo.com

20. OLX.com
52 ______________________________________________________________________________________ 800 South B Street, Suite 100 Office: 650.995.9300 Cell: 650.670.0790 Fax: 650.429.2136 San Mateo, CA 94401 Email: [email protected] Web: [email protected]

21. DotHomes.com

22. FrontDoor.com

23. Online Disclosure Package
Direct Advertising

1. Use of TAN (Top Agent network) to promote your listing.

2. Direct Contact with senior and most active agents in the area.

3. Direct Emailing with property flyer to over 4,500 Agents in San Francisco, San Mateo & Santa Clara Counties
Open Homes

1. Open Home for broker tour Tuesdays 10AM - 1PM.

2. Open Home Saturday &/or Sunday 1 - 4PM.

3. Human directional Signs, when necessary.

4. Street Signs.
53 1
800 South B Street, Suite 100 650.995.9300 Tel
San Mateo, CA 94401 650.429.2136 Fax
www.landmarkrs.com
The Listing Plan of Action
My Objectives Are the Following:

1. To assist in getting as many qualified buyers as possible into your home until it is sold.

2. To communicate to you weekly the results of our activities.

3. To assist you in negotiating the highest dollar value … between you and the buyer.

The Following Are the Steps I Take to Get a Home Sold … the "Pro-Active Approach":

1. Submit your home to our local Multiple Listing Service.

2. Price your home competitively … to open the market vs. narrowing the market.

3. Promote your home online and through email campaigns.

4. Develop a list of features of your home for the Brokers to use with their potential buyers.

5. Email features sheet to the top 10 agents in the marketplace for their potential buyers.

6. Suggest & advise as to any changes you may want to make in your property to make it more saleable.

7. Constantly update you as to any changes in the marketplace. 54 2
800 South B Street, Suite 100 650.995.9300 Tel
San Mateo, CA 94401 650.429.2136 Fax
www.landmarkrs.com

8. Prospect with top agents looking for their potential buyers.

9. Contact my buyer leads, sphere of influence and past clients for their referrals and prospective buyers.

10. Add additional exposure through a professional sign and lock-box.

11. Whenever possible pre-qualify the prospective buyers.

12. Keep you aware of the various methods of financing that a buyer might want to use.

13. When possible have the cooperating Broker in the area tour your home.

14. Follow-up on the salespeople who have shown your home for their feedback and response.

15. Represent you on all offer presentations … to assure you in negotiating the best possible price and terms.

16. Handle all the follow-up upon a contract being accepted - all mortgage, title and other closing procedures.

17. Deliver all closing statements at closing.
55 Tips on Improving the Value of Your Home
Follow these guidelines to maximize the sales price of your home. All may not apply but you may find something in this list that you might otherwise overlook.

Exterior
™ Trim all trees and shrubs that block the view of the house. ™ Remove any dead plants, flowers, and shrubs.
™ Keep walkways, paths, sidewalks, and gutters free of weeds and debris. ™ Mow the lawn weekly during the spring, summer, and fall. Mow as necessary during the winter.

Spot seed or patch brown spots with sod.
™ Plant flowers and shrubs that add color and brighten your lawn and landscaping. ™ Use redwood compost, decorative bark, etc. as dressing around the base of plants, shrubs and trees.
™ Keep tools, garbage cans, hoses, toys, and other items stored neatly in the garage or shed when not in use.
™ Repair any cracks/corrosion present in gutters and touch up with matching paint. ™ Check for broken or cracked shingles or roofing tiles. A pre-emptive roof inspection with repairs can save a lot of headaches later.
™ Check for worn, corroded, or rusted flashing around vents and chimneys. Spot clean and use protective paint on all areas to match.
™ Watch for worn or missing tape around pipe vents on roof. Reseal with Cal-Pico tape as necessary.
™ Clear patios and decks of barbecues, charcoal, utensils, etc. ™ Check for rotted boards and posts in decking and fencing. Add support for weak fenceposts by adding ‘sister posts’ or consider replacing posts.
™ Use outdoor stain, sealants, and protectants to brighten up bleached decking and fence. ™ Add low voltage outdoor lighting in the front and backyard to enhance landscaping and prevent accidents on dark walkways.

Interior
™ Increase the wattage of bulbs in light fixtures to the maximum that is safe. ™ Keep entryway flooring spotless and have a mat outside for wiping feet. 56 ™ Check tack stripping in corners of carpeted rooms for gaps. Consider stretching carpet where it’s loose.
™ Vacuum often. Dirty carpets wear out faster and unevenly. ™ Keep all windows and sills clean. Use razor blades to remove paint, decals, etc. ™ Keep all woodwork spotless. Use ‘Liquid Gold’ or a similar wood restorative to make cabinets and trim look new.
™ Dust regularly and watch for cobwebs in corners and on light fixtures. ™ Paint any room that needs more than a little touch up. If you aren’t sure, take down a picture from the wall and look at the room again.
™ Preferable colors of interior paint are: antique white, bone, frost. Stay away from pure white or eggshell as well as darker colors.

Furnishings
™ Replace worn or dated furniture and keep traffic areas clear. Too much furniture will visually reduce the size of the room. Too many pictures on the wall will do the same. ™ Keep bookshelves neat and organized. Try to eliminate clutter. Don’t hesitate to box up excess magazines, videotapes, CD’s, albums, personal collections, etc. ™ Visit model homes, designer showcases, and furniture showrooms for more ideas. ™ Upgrade old or worn curtains with new. Mini-blinds and vertical blinds are preferable to heavy drapes.
™ Display fresh flowers from the garden, florist, or supermarket in several rooms. Avoid strong potpourri and other air fresheners.

Kitchen
™ Professionally clean all appliances, counters, backsplashes, cabinets, and floors. ™ Replace broken, worn or outdated knobs and hinges on cabinets. ™ Make sure all cabinets close properly and all drawers operate smoothly. ™ Replace or reface if practical; stovetops, ovens, fan hoods, and other appliances that are avocado, pink, blue, yellow, or brown. White, almond, or beige are the preferable colors. ™ Keep counters clean and clear. Anything not used daily in the kitchen should be stored out of sight. The more space you have available on the counter, the larger and more inviting the kitchen appears.
™ If linoleum is cut, pitted, worn, or a loud and a busy pattern; consider replacing it with a neutral and subtle-patterned sheet. Do not install linoleum squares. ™ Consider upgrading linoleum to new parquet, random plank, pergo, etc.

Bathrooms
™ Always keep counters clear. Put away bath toys, shampoo bottles, etc. Keep daily toiletries in a basket that can be stored underneath the sink or in a cabinet. ™ Strip out and replace old grouting and caulking at the slightest hint of discoloration. ™ Make sure faucets don’t leak and replace any fixtures that have lost their finish. ™ Strip old wallpaper and paint. Three-dimensional or foil wallpaper must go. ™ Keep bathrooms spotless and smelling slightly of cleaning products. Tilex, Lysol, Bathroom Duck, etc., work great.
57 ™ Consider replacing tiling around tubs and showers if the colors are dated. ™ Consider replacing old shower enclosures, curtains, etc.

Bedrooms
™ Keep curtains open to let in more light (unless they face a busy street, freeway, etc.) ™ Keep extra furniture to a minimum.
™ Limit pictures, paintings, photographs, and wall hangings to a minimum. ™ Fill the closets with toys, clothes, and anything else that might be left out. Anything extra reduces the size of the room.

Garage
™ Keep as many items as possible neatly stored in rafters, cabinets, or boxes. ™ Try to make the garage - one, two, or three car - appear to accommodate that many vehicles, even if it’s full of stored items and boxes.
™ Remove unwanted or seldom used items often through garage sales and donations.

Miscellaneous
™ Keep fireplaces clean. Replace old grates and screens that are worn or unattractive. ™ Make sure window screens and vent screens are in good repair. If screens are not necessary for certain windows, remove and store them in the garage.
™ Make sure doorknobs aren’t loose and all doors latch properly. ™ Replace yellowed, worn, cracked, broken, or missing faceplates for switches and outlets. ™ Patch and paint settlement cracks on a regular basis. ™ Repair lifted or severely cracked walkways and driveways. ™ Don’t use the front yard, side yard, or backyard to store cars, boats, and other large items. Get a storage unit for this and anything else that affects the visual impression of the property. ™ Have pets out of the way as much as possible. Even iguanas, parakeets, and aquariums distract a buyer from focusing on the house. Also keep in mind that many buyers may have allergies to your pets. Try to keep the property as hypoallergenic as possible (i.e. remove excess cat hair, dog hair regularly, visible catboxes and pet bedding, should be placed discretely during the sale, etc.) Conclusion
Common sense should dictate what must be done and what may be done. Keep this thought in mind, “What if I were considering buying the house?” Walk across the street and look at your home as if you were looking at it for the first time. And don’t forget to call me about any tough decisions in updating your home.
58 1

PROPERTY LISTING AGREEMENT
30 Oxford Place, Belmont, CA (Single Family Residential) 300 Davey Glen Road #3507, Belmont, CA (Condo Unit)
400 Davey Glen Road #4606, Belmont, CA (Condo Unit)
This Property Listing Agreement ("Agreement") is entered into as of this ____ day of May, 2022, by and between Abe Matar, Realtor, a California Broker ("Broker"), and the City of Belmont, a municipal corporation ("City" or "Owner").

A. On January 24, 2012, the Belmont City Council approved Resolution No. 2012- 0013 authorizing the City to become the Housing Successor Agency of the now dissolved Belmont Redevelopment Agency (the "Agency"), thereby assuming all rights, powers, assets, liabilities, duties, and obligations previously associated with the housing activities of the Agency in accordance with Health and Safety Code Section 34176.

B. On August 30, 2012, the California Department of Finance (DOF) approved the transfer of all housing assets listed on the Belmont Housing Asset Transfer Form from the Agency to the City pf Belmont acting in its capacity as the Belmont Housing Successor Agency.

C. The properties subject to this listing agreement are included on the Housing Asset Transfer Form approved by DOF and are now owned by the City. The properties subject to this Agreement include one single family home (30 Oxford Place) and two condominium units (300 Davey Glen Road #3507 and 400 Davey Glen Road #4606), all of which are shown in Exhibit A attached hereto and incorporated herein by this reference (the “Properties”).

D. On May 28, 2019, the Belmont City Council approved a Tenant Relocation Plan and Replacement Housing Plan pursuant to California Health and Safety Code Section 33413, and directed staff to proceed with sale of the Properties consistent with the Belmont General Plan Housing Element Program 2.1 which directs sale of real property assets and reinvestment of assets towards development of new affordable housing units.

E. The City now desires to pursue the sale of these properties to market rate buyers pursuant to Health and Safety Code Section 33433, which requires that before any property which was acquired in whole or in part, directly or indirectly, with redevelopment tax increment moneys is sold or leased for development pursuant to the redevelopment plan, the sale or lease must be approved by the legislative body after a public hearing.

F. In January 2022 the City issued a Request for Proposals for residential real estate broker services to market and sell the Properties and received one proposal. After reviewing the submitted proposal, the City selected Broker to market and sell the Properties.

Now, therefore, in consideration of the above recitals and of the mutual promises and conditions in this Agreement, the City and Broker agree as follows:
59 2

AGREEMENT
The foregoing recitals are hereby incorporated by reference and made part of this Agreement.

ARTICLE 1.

REPRESENTATION
Section 1.1 Representation. Owner hereby engages Broker as its exclusive and sole agent to arrange a sale of the Property to a buyer (the "Purchaser").

Section 1.2 Terms of Sale. Broker acknowledges that Owner's objective is to obtain the best terms suitable for Owner in connection with the sale of the Property.

Section 1.3 Listing Price. The Properties shall be listed at their appraised values as follows:
(a) The single-family residential property located at 30 Oxford Place shall be listed at One Million Six Hundred Ninety Thousand Dollars ($1,690,000); (b) The condominium located at 300 Davey Glen Road #3507 shall be listed at Six Hundred Fifteen Thousand Dollars ($615,000); and,
(c) The condominium located at 400 Davey Glen Road #4606 shall be listed at Five Hundred Fifty-Five Thousand Dollars ($555,000);
Section 1.4 Offers to City. Broker shall solicit offers from prospective purchasers in a form that describes the offer's compliance with the terms of sale contained in Section 1.2.

ARTICLE 2.

SCOPE OF SERVICES
Section 2.1 General. Broker shall perform all of the services contained in Broker’s proposal entitled "Proposal Regarding Residential Real Estate Broker Services," dated January 19, 2022 (Exhibit B, attached hereto and incorporated herein by this reference).

Section 2.2 Multiple Listing Service. The listing price and all terms of sale contained in Section 1.2 shall be provided by the Broker to the applicable Multiple Listing Service ("MLS") within seven (7) days of the date of this Agreement. Owner authorizes Broker to comply with all applicable MLS rules.

Section 2.3 Preparation of Due Diligence Information and Required Disclosures.

Broker shall coordinate the preparation of appropriate back-up material, which will be provided to qualified potential purchasers in addition to the Offering Memorandum in their detailed investigation of the Property. This information may include, but not be limited to, such items as document summaries, applicable City policies and ordinances, physical property descriptions, and site plans to the extent deemed reasonably appropriate by Broker. Broker shall also provide Owner with all legally required disclosure forms, and Owner shall provide Broker with the required disclosures.
60 3
Section 2.4 Contract Negotiations. Broker shall systematically communicate to and discuss with Owner the status of the marketing efforts, discussions, and terms and conditions of any and all offers. Owner shall refer all inquiries regarding the sale of the Property to Broker, and Broker will assist Owner in conducting all negotiations; provided, however, in no event shall Broker have the authority to make any commitments or representations, enter into any agreements or sign any documents on behalf of Owner. All final terms and conditions of the sale of the Property will be subject to approval by the Belmont City Council in its sole discretion, and the Belmont City Council shall have the sole and absolute discretion to accept or reject any offer or to withdraw the Property from the market.

Section 2.5 Transaction Closing. Broker shall assist Owner in the coordination of activities required to consummate the sale of the Property. To the extent requested by Owner, this will include assistance in the resolution of due diligence and business issues and assistance in the satisfaction of closing requirements.

ARTICLE 3.

COMPENSATION TO BROKER
Section 3.1 Commission. As compensation for the services to be performed by Broker under this Agreement, Owner shall pay Broker a listing commission (the "Commission") equal to five percent (5%) of the sales price of each of the Properties upon the close of escrow for the sale of the Properties, to be split evenly between the listing and selling agents, provided that, during the Term of this Agreement, the Purchaser has submitted to Owner a signed, written offer to purchase the Property.

Section 3.2 Dual Agency. Neither Broker nor any broker or salesperson employed by or an agent for Broker shall act as agent for Purchaser or any prospective purchaser of the Property.

Dual agency is not permitted.

Section 3.3 Expenses. Broker has represented to Owner that Broker’s entire scope of services as described in Article 2 will be completed at Broker’s sole expense. In addition to the Compensation contained in Section 3.1, the Broker shall be authorized to request reimbursement for expenses related to preparation and maintenance of the Properties required for sale, in an amount not to exceed Five Thousand Dollars ($5,000). The Broker shall obtain authorization from the City in advance of any expenditures for which reimbursement will be requested.

ARTICLE 4.

TERM OF AGREEMENT
Section 4.1 The term of this Agreement shall commence as of the date of this Agreement and shall end on the earlier of: (a) close of escrow on the sale of the Property; or (b) six months after the Property is placed on the Multiple Listing Service (the "Term"). The Term may be extended by mutual agreement of the City and Broker.

ARTICLE 5.

REPRESENTATION AND WARRANTIES
Section 5.1 Broker Representations and Warranties. In addition to the other representations and warranties set forth in this Agreement, Broker represents and warrants:
61 4
(a) As of the date of this Agreement, Broker is currently a licensed Broker in California in good standing. Broker’s license number is: #01417693. Broker and all salespersons performing services in connection with this Agreement shall maintain the appropriate real estate licenses throughout the Term of this Agreement.
(b) Broker has the corporate authority to enter into this Agreement. (c) Broker is not subject to any litigation that will affect its ability to carry out the obligations set forth in this Agreement.
(d) Broker is not subject to any bankruptcy, insolvency, receivership, or similar proceeding.
(e) Broker shall promptly notify Owner of any changes in the above representations during the term of this Agreement.

Section 5.2 Owner Representations and Warranties. In addition to the other representations and warranties set forth in this Agreement, Owner represents and warrants:
(a) Owner has the corporate authority to enter into this Agreement and to transfer the Property.
(b) Owner has not previously entered into a listing agreement with another broker regarding the Property.
(c) Owner has no obligation to pay compensation to any other broker regarding the Property.
(d) Owner is the fee owner of the Property.

ARTICLE 6.

ADDITIONAL PROVISIONS
Section 6.1 Indemnification.
(a) Broker agrees to indemnify, defend and hold harmless the City, its elected officials, officers, agents, employees, and successors and assigns, with counsel reasonably acceptable to them, from and against all claims, causes of action, demands, judgments, damages, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees (collectively called herein “Claims”), arising out of the acts or omissions of Broker, its employees, agents or consultants under this Agreement. The provisions of this paragraph shall survive the expiration or termination of this Agreement.
(b) Owner agrees to indemnify, defend and hold harmless Broker, its affiliates, subsidiaries, partners, board members, officers, agents, employees, and successors and assigns, with counsel reasonably acceptable to them, from and against all claims, causes of action, demands, judgments, damages, liabilities, costs and expenses, including, without limitation, 62 5
reasonable attorneys’ fees (collectively called herein “Claims”), arising from any material facts that Owner’s representative knows but fails to disclose. Notwithstanding anything to the contrary in this Agreement, Owner shall have no liability for any lost revenues, profits, or special or consequential damages of Broker arising out of, or relating to, this Agreement. The provisions of this paragraph shall survive the expiration or termination of this Agreement.

Section 6.2 Insurance. Broker must, throughout the duration of this Agreement, maintain insurance to cover Broker (including its affiliates, subsidiaries, partners, board members, officers, agents, employees, and successors and assigns) in connection with the performance of work under this Agreement, including against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work. This Agreement identifies the minimum insurance levels with which Broker must comply; however, the minimum insurance levels do not relieve Broker of any other performance responsibilities under this Agreement (including the indemnity requirements). City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.
(a) Coverage. Consultant must maintain insurance in the following minimum levels:
i. Workers’ Compensation. Workers’ compensation coverage as required by the State of California, with statutory limits.
ii. Commercial General Liability (CGL). Commercial general liability with coverage at least as broad as ISO form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. iii. Employer’s Liability. Employer’s liability in an amount not less than $1,000,000 per accident for bodily injury or disease.
iv. Automobile Liability. Automobile liability with coverage at least as broad as ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, hired, (Code 8) and non-owned autos (Code 9) in an amount not less than $1,000,000 per accident for bodily injury and property damage (coverage required to the extent applicable to Consultant’s vehicle usage in performing services hereunder).
v. Professional Liability. For design-build projects, or if the Work requires Consultant to provide professional services related to environmental hazards, professional liability in an amount not less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. vi. Additional Coverage. Consultant may carry, at its own expense, any additional insurance it deems necessary or prudent. If Consultant maintains higher levels than the minimums shown above, City requires and shall be entitled to coverage for the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum levels of insurance and coverage shall be available to the City.
vii. Insurer Qualifications. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the Entity. Exception may be made for the State Compensation Insurance Fund when not specifically rated. viii. Deductibles. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either:

A. Consultant must reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or, 63 6
B. Consultant must provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
ix. Subrogation Waiver. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy must be endorsed with a waiver of subrogation in favor of City for all work performed by Consultant, its employees, agents and subcontractors. This provision applies regardless of whether or not the City has requested or received a waiver of subrogation endorsement from the insurer.

ARTICLE 7.

EVIDENCE OF COVERAGE
Section 7.1 Concurrently with the execution of this Agreement, Consultant must furnish City with original certificates and amendatory endorsements, or copies of information or declaration page listing all policy endorsements of the insurance required hereunder. However, failure to obtain the required documents before the work beginning shall not waive Consultant’s obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.

ARTICLE 8.

ENDORSEMENTS
Section 8.1 The insurance policies must be endorsed as follows:
a. For commercial general liability and automobile liability insurance, the City (including its elected officials, employees, and agents) must be named as an additional “insured”.

The endorsement must include liability arising out of work or operations performed by or on behalf of Consultant including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired or borrowed by or on behalf of Consultant. For commercial general liability, the policy must be endorsed with a form at least as broad as ISO form CG 20 10, GC 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used. b. Consultant’s insurance is primary to any other insurance (including self-insurance) available to the City (including its elected officials, employees, and agents) with respect to any claim arising out of this Agreement. Any insurance maintained by the City shall be excess of the Consultant’s insurance and shall not contribute with it. c. No policy shall be canceled, limited, or allowed to expire without renewal until after 30 days written notice has been given to the City by first class mail. 64 7
ARTICLE 9.

CLAIMS MADE POLICIES
Section 9.1 If any required coverage is made on a claims-made form:
a. The “Retro Date” must be shown and must be before the date of the contract or the beginning of contract work.
b. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a “Retro Date” prior to the contract effective date, Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work. d. A copy of the claims reporting requirements must be submitted to City for review. e. If the services involve lead-based paint or asbestos identification/remediation, Consultant’s Pollution Liability policy shall not contain lead-based paint or asbestos exclusions.

If the services involve mold identification/remediation, Consultant’s Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.

ARTICLE 10.

SUBCONTRACTORS
Consultant must require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant must ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors must provide coverage with a format least as broad as CG 20 38 04 13.

Section 10.1 Compliance With Laws. Broker shall comply with all laws, ordinances, codes, rules, regulations, licensing, permitting or certification requirements that are applicable to the conduct of Owner’ or Broker’s business and its performance under this Agreement, including those of federal, state, and local agencies having jurisdiction and/or authority, and all fair housing laws, including but not limited to the Fair Housing Act and California Fair Employment and Housing Act. In addition, because the disposition of the Property to market rate buyers will remove an affordable housing unit from the community, pursuant to California’s Health and Safety Code Section 33433, City Council must hold a public hearing and consider a summary report on disposition of the Properties.

Section 10.2 Conflict of Interest. Broker (including its employees, agents, and subconsultants) shall not maintain or acquire any direct or indirect interest that conflicts with the performance of this Agreement. Broker shall comply with all requirements of the Political Reform Act (California Government Code Sections 81000, et seq.) and other laws relating to conflicts of interest, including: (a) Broker shall not make or participate in a decision made by the City if it is reasonably foreseeable that the decision may have a material effect on Broker’s economic interest, and (b) if required by law, Broker shall file financial disclosure forms with the City Clerk. If Broker maintains or acquires a conflicting interest, any contract with the City (including this Agreement) involving Broker’s conflicting interest may be terminated by the City. 65 8
Section 10.3 Discrimination. Broker shall not discriminate against any person related to the performance under this Agreement (including any employee, applicant, Purchaser, or prospective purchaser) because of race, color, religious creed, national origin, physical disability, mental disability, medical condition, marital status, sexual orientation, or sex.

Section 10.4 Business License. Broker shall apply for and pay the business tax and registration tax for a business license, in accordance with the Belmont City Code.

Section 10.5 Notices. All written notices and demands which either party may give the other may be given by hand delivery with a delivery receipt, United States Postal Service certified mail, return receipt requested, or by Federal Express or other delivery service with a delivery receipt guaranteeing overnight delivery to a party at the address set forth below or as may be changed upon written notice to the other party in accordance with the procedures of this Section.

To Owner: Afshin Oskoui
City Manager
City of Belmont
One Twin Pines Lane
Belmont, CA 94002
To Broker: Abe Matar
Landmark Real Estate Services
800 South B Street, Suite 100
San Mateo, CA 94401
Notices shall be deemed received as follows: if given by hand delivery or delivery service with a delivery receipt, on the date shown on the delivery receipt as the date of delivery, the date delivery was refused, or the date the item was returned as undeliverable.

Section 10.6 Mediation. Owner and Broker agree to mediate any dispute or claim arising between them out of this Agreement, or any resulting transaction, before resorting to court action.

Mediation fees, if any, shall be divided equally among the parties involved. If, for any dispute or claim to which this paragraph applies, any party (i) commences an action without first attempting to resolve the matter through mediation, or (ii) before commencement of an action, refuses to mediate after a request has been made, then that party shall not be entitled to recover attorney fees, even if they would otherwise be available to that party in any action.

Section 10.7 Other Brokers or Agents. Broker shall obtain Owner's written approval prior to engaging other real estate brokers, subagents, or third parties in connection with this Agreement. In the event Owner permits Broker to engage other real estate brokers or third parties in connection with this Agreement, Broker shall be responsible for the compensation of such brokers or third parties and shall indemnify and hold harmless Owner, its affiliates, subsidiaries, partners, board members, officers, agents, employees, and successors and assigns, to the extent such brokers or third parties look to Owner for compensation.

Section 10.8 Assignment and Delegation. City is entering into this Agreement based on the experience, skill, and ability to perform of Broker. This Agreement, and any portion thereof, shall not be assigned or transferred, nor shall any of the Broker’s duties be delegated, without the 66 9
written consent of the City. Any attempt to assign or delegate this Agreement without the written consent of the City shall be void and of no force or effect. A consent by the City to one assignment shall not be deemed to be a consent to any subsequent assignment.

Section 10.9 Severability. If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be severed from this Agreement and all other terms and provisions of this Agreement shall nevertheless remain in full force and effect.

Section 10.10 Entire Agreement. This Agreement (which includes any exhibits attached hereto) constitutes the entire understanding and agreement between the parties relating to this Agreement. If any provision of any exhibit conflicts or is inconsistent with, or is different from, any provision of this Agreement, the provisions of this Agreement shall prevail.

Section 10.11 Agreement Coordination. The City Manager is the City’s representative for all purposes under this Agreement. The City Manager or designee is authorized to confer any consents or approvals required by City or Owner under this Agreement, except where this Agreement specifies that approval by the Belmont City Council is required.

Section 10.12 Amendment. This Agreement may not be amended, changed, or modified, in whole or in part, except in writing, signed by both parties. The City Manager is authorized to execute amendments to this Agreement that are consistent with the adopted City Council Resolution authorizing the Agreement.

Section 10.13 Rights of Third Parties. Nothing expressed or implied in this Agreement is intended or shall be construed to confer upon or give any person or entity, other than the parties hereto, any right or remedies under or by reason of this Agreement.

Section 10.14 No Partnership or Joint Venture. Nothing contained in this Agreement shall be construed in a manner to create any relationship between Broker and Owner other than the relationship between a client and consultant, principal and broker, or a client and a service provider, and Broker and Owner shall not be considered partners or joint venturers for any purpose on account of this Agreement. Broker acknowledges that it is acting as an independent contractor in providing the services provided for under this Agreement, is not and shall not be regarded as an employee of Owner and shall be solely responsible for determining the means and methods for performing the services provided for under this Agreement.

Section 10.15 No Waiver. No waiver of any provision or breach of this Agreement shall constitute a waiver of any other provision or breach of this Agreement.

Section 10.16 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument.

Section 10.17 Captions. The headings or captions to the sections of this Agreement are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part thereof.
67 10
Section 10.18 Governing Law. This Agreement shall be construed and enforced in accordance with the internal laws, and not the law of conflicts, of the State of California.

IN WITNESS WHEREOF, Owner and Broker have executed this Agreement as of the date first above written.

Abe Matar, Realtor, Landmark Real Estate Services
By:

Its:

City of Belmont, a municipal corporation

By: Afshin Oskoui, Belmont City Manager
68 EXHIBIT A
APN Map, 30 Oxford Place, Belmont, CA (Single Family Residential) 69 APN Map, 300 Davey Glen Road #3507, Belmont, CA (Condo Unit) 70 APN Map, 400 Davey Glen Road #4606, Belmont, CA (Condo Unit) 71 1750\07\1342688.2 B 6/4/2013 -1

EXHIBIT B
Proposal from Abe Matar, Realtor
72

800-803 Belmont Ave Development Project - Staff Report

STAFF REPORT
Meeting Date: May 10, 2022
Agency: City of Belmont
Staff Contact: Adam Petersen, Contract City Planner, [email protected] Carlos de Melo, Community Development Director, [email protected] Agenda Title: 800-803 Belmont Avenue Residential Project Agenda Action: Resolution
Recommendation
1) Consider Planning Commission recommendations in support of the Project. 2) Adopt a Resolution certifying the 800-803 Belmont Avenue Residential Project Final Environmental Impact Report, adopting a statement of overriding considerations and a mitigation monitoring and reporting program.
3) Adopt Resolutions approving: a Vesting Tentative Parcel Map, Design Review, Conditional Use Permit, Grading Plan, Affordable Housing Plan, Density Bonus, and Tree Removal Permit, as described in this report and its attachments.

Strategic Focus Area
Economic Development and Housing
Background
The proposed 800-803 Belmont Avenue Residential project is comprised of a 125 unit, 100-percent affordable multifamily structure. The project would be affordable at the low income and below levels. The project proposes the demolition of the existing Bel-Mateo Motel, considered to be an eligible historic resource for listing on the California Register of Historical Resources, and the construction of a multifamily structure eight stories in height. However, the structure would be terraced as it extends up the site from El Camino Real to the west, with each terraced level not exceeding six stories. The structure would generally follow the natural topography of the site. The site is situated on two parcels with a resultant combined size of approximately 1.46-acres, with the 19-room motel occupying approximately 1.25 acres while an undeveloped quarter-acre parcel fronts El Camino Real. The site is approximately less than onehalf (0.5) mile from the Belmont Caltrain station. Onsite amenities will include but are not limited to the following: outdoor recreation area of approximately 6,500 square feet, fitness center; resident club room; homework/computer room; resident services office; and a children’s play structure. There are approximately 152 parking spaces proposed within three levels of at grade parking in an enclosed garage.

Project Location/Setting
The subject project is located at 800-803 Belmont Avenue (APN Nos. 044-172-190 and 044-172-200), in the northern portion of the City of Belmont, San Mateo County. The project is in an urban area of the City of Belmont, surrounded by existing commercial, office, and multi-family residential uses (see Figure 1:

Local Vicinity Map). The project site contains the existing Bel Mateo Motel, which occupies the rear portion of the site and comprises single- and two-story buildings, along with signage at the corner of El 73

800-803 Belmont Ave Development Project - Staff Report
Camino Real and Belmont Avenue and a sign at the motel entrance on Belmont Avenue. The front portion of the site is primarily undeveloped, comprised of disturbed urban grasses.

Figure 1: Local Vicinity Map
74

800-803 Belmont Ave Development Project - Staff Report
The surrounding General Plan land use designations, zoning, and physical land uses are summarized in the table below:

Table 1: Project and Surrounding Land Uses Summary
General Plan Designation Zoning Property Use
Project Corridor Mixed Use (COR-MU) Corridor Mixed Use Bel Mateo Motel North Corridor Mixed Use (COR-MU) Corridor Mixed Use Office Buildings South Residential High Density (RES-H) R-1B, Single Family Residential and
R4, Multi-Family Residential
Multi-Family Residences
East Corridor Mixed Use (COR-MU) Corridor Mixed Use Commercial center West Corridor Mixed Use (COR-MU), and
Residential Low Density (RES-L)
Corridor Mixed Use, and
R1B, Single Family
Residential
Van’s Restaurant
and
Single family residences
Planning Commission Review
The Belmont Planning Commission considered the project on April 19, 2022 and recommended 6-0 to approve all resolutions in support of the project. The Commission asked staff about impacts to views from the now vacant Van’s Restaurant and abutting property. Staff clarified that the project would reduce views to the southeast, but would otherwise not impede viewsheds to the north, northeast, and northwest. The Commission also asked staff the reasons the Bel Mateo Motel was deemed an eligible historic resource, and mitigation proposed for traffic safety. Staff clarified that the Bel Mateo Motel was determined to be an eligible resource because of its association with post World War II automobile travel and mid-century architecture; the project includes installation of a traffic median in El Camino Real to limit left turns from Belmont Avenue, which would reduce delays and improve safety. Approximately nine (9) members of the public spoke at the public hearing, the majority of which indicated concerns about parking, traffic congestion, and safety from increased traffic. During deliberation, the Commission expressed support for the project. The Commission acknowledged that the project would intensify development in the City.

However, the Commission stated that the provision of a 100% affordable housing project, at the identified income levels, is a benefit for residents and recommended approval of the project to the City Council.

Analysis
Table 2: Entitlement Requests
Entitlement Reason for Entitlement
Conditional Use Permit Ground Floor Residential in Multi-Family Building Design Review Multi-Family Development
Density Bonus Increase density pursuant to Government Code Section 65915 to increase the density from 45 dwelling units per acre (du/ac) to 85 du/ac, with the provision of community benefits
Affordable Housing Plan To permit 125 affordable housing units Tree Removal Permit The project proposes to remove 25 protected trees Vesting Tentative Parcel Map Merge two lots into one
Grading Permit Net export of grading material would 27,301 cubic yards 75

800-803 Belmont Ave Development Project - Staff Report
As previously described, the project includes 125 units, with the unit breakdown below. There are approximately 152 parking spaces proposed within three levels of garage parking.

The project is comprised of the following unit allocation:
- 1 Bedroom: 52 units (540 square feet)
- 2 Bedroom: 40 units (815 square feet)
- 3 Bedroom: 33 units (935 square feet) (1 designated manager's unit) Table 3: Floor Areas in Square Feet
Residential / Amenity Circulation Mechanical / Garage
First Floor 4,875 2,200 25,385
Second Floor 6,025 1,000 25,270
Third Floor 10,595 2,585 14,080
Fourth Floor 20,120 3,535 1,515
Fifth Floor 20,120 3,535 1,515
Sixth Floor 19,250 3,535 1,515
Seventh Floor 14,095 2,700 1,120
Eighth Floor 9,525 1,560 815
Total 104,605 s.f. 20,650 s.f. 71,215 s.f.

Affordable Housing
BZO Section 29.3(a)(3) requires that large residential rental projects of 25 units or more provide 15% affordable units for low-income households; however, the project is entitled to a density bonus pursuant to Government Code Section 65915(b)(1), which indicates that local jurisdictions are required to grant one density bonus, when an applicant for a housing development project agrees to construct a certain type and percentage of affordable units.

The project will be designated as a family community, with the following projected breakdown (the breakdown is subject to change based on funding requirements): 29 percent of the project (36 units) being targeted to extremely low-income (ELI) households earning 30-percent Area Median Income (AMI) or less. Of the 36 ELI units, 19 units (15-percent of total project) are projected to be designated as 'supportive housing' units for formerly homeless veteran tenants. The remaining 71 percent of the units (89 units) will be restricted to low-income households earning between 50 percent to 80 percent AMI. The average affordability for the project will be 59 percent AMI. Table 4 presents the income limits by income category as specified by the State of California Department of Housing and Community Development.

Table 4: San Mateo County Income Limits
Income Limits by Family Size ($)
Income
Category
1 2 3 4 5 6 7 8
Extremely Low
(30% AMI) *
$38,400 $43,850 $49,350 $54,800 $59,200 $63,600 $68,000 $72,350 Very Low $63,950 $73,100 $82,250 $91,350 $98,700 $106,000 $113,300 $120,600 76

800-803 Belmont Ave Development Project - Staff Report
(50% AMI) *
Low (80%
AMI) *
$102,450 $117,100 $131,750 $146,350 $158,100 $169,800 $181,500 $193,200 Median (100%
AMI)
$104,700 $119,700 $134,650 $149,600 $161,550 $173,550 $185,500 $197,450 Moderate
(120% AMI)
$125,650 $143,600 $161,550 $179,500 $193,850 $208,200 $222,600 $236,950 * 2021 State Income limits provided by State of California Department of Housing and Community Development Table 5: Affordability Proposal
Proposed Unit Mix 30% AMI 50% AMI 80% AMI Subtotal Percent One-Bedroom 36 16 52 42%
Two-Bedroom 6 34 40 32%
Three-Bedroom 5 27 32 26%
Manager’s Unit
(Three-Bedroom)
1 (included in 3-
bd units)
Total 36 27 61 125
Percent 29% 22% 49% 100%
Density Bonus
The location of the project (within a one-half mile of an accessible major transit stop) and the project type (a rental project that is 100% affordable to lower income households) qualifies the project for a State Density Bonus. The project seeks to increase the density of the site from 45 du/ac to 85 du/ac, with the provision of community benefits.

Landscaping
The project proposes removing 25 protected trees as defined by Chapter 25 of the Belmont Municipal Code per the project plans and arborist report (Biological Resources Report, Appendix D). These trees include one coast redwood and 24 eucalyptus trees. The project would retain two trees located towards the now vacant existing restaurant at the rear of the site.

The project proposes 23,050 sf of landscaping. A majority of the landscaping is located at the rear of the site, opposite El Camino Real. The project includes the planting of 60 trees on the property, ranging from London plane to Chinese pastiche. The edge of the site along Belmont Avenue, the property line opposite El Camino Real, and the internal property line is landscaped with trees. The plant palette is comprised of appropriate tree, shrub, and ground cover species that are California native or adapted, non-invasive, drought tolerant, and deer resistant.

Access and Parking
The project site would maintain the access from Belmont Avenue with one access driveway to the project site. Parking is contained in the building on the first three levels, with access from Belmont Avenue. The project includes tandem parking that would be assigned to the tenants.

Architecture
The architecture consists of a modern design with a balanced symmetrical design, blending rectilinear lines on upper floors with arched windows. The building embodies a classical organization along its street 77

800-803 Belmont Ave Development Project - Staff Report
frontages, with a defined base, mid, and upper sections, with the two lower stories are designed to read as the base. This organization brings cohesiveness throughout the design, despite the change in elevation and shifts in building mass. The building form follows the change in elevation of the site, with a terraced design, and setback upper stories. The building is articulated with the first two floors defining the street edge and the upper floors providing a contrast as the materials change from a stone veneer and precast stone base wall and cap to a cement plaster.

Site Preparation and Construction
The project consists of the demolition of the existing structures, grading, excavation, and other earthwork to excavate the parking garage and to achieve desired elevations. The project would require the removal of approximately 28,302 cubic yards of soil. Grading would consist of excavation up to 40-feet deep within the building footprint to create a new full-depth basement level parking garage. Soil will be disposed off-site at a location determined by the contractor during construction. Fill on the site would include utility trench backfill, retaining wall backfill, slab sub-grade materials and finished drainage and landscaping grading. Approximately 330 cubic yards of fill would be used but there would be no import of fill to the site. Accordingly, the net export of grading material would 27,301 cubic yards.

Construction Access
Since El Camino Real is a State Highway, any construction traffic, lane closures, or street staging would require approved traffic control plans and an encroachment permit from Caltrans. Any other construction traffic, lane closures, or street staging would require approved traffic control plans and an encroachment permit from the City.

Staging
Project construction would be staged on-site. The staging areas would be used for construction equipment set up. An encroachment permit would be obtained from Caltrans for any staging/construction-vehicle parking on El Camino Real, if necessary. Notices regarding closure to the public of street parking would be posted in compliance with Caltrans regulations in advance of utilization. Staging areas would be returned to pre-construction condition upon project completion.

The staging areas would be used for construction equipment set up. An encroachment permit would be obtained from the City for any staging/construction-vehicle parking on any City street, if necessary.

Notices regarding closure to the public of street parking would be posted in compliance with City regulations in advance of utilization. Staging areas would be returned to pre-construction condition upon project completion.

Construction Schedule
In accordance with the Belmont Municipal Code, construction is limited between 8 a.m. to 5 p.m. during weekdays and 10 a.m. to 5 p.m. on Saturdays. No construction would occur on Sundays or holidays.

Construction hauling would be limited to between the hours of 9:00 a.m. and 3:00 p.m. to avoid impacts to traffic from haul trucks and would be within the construction hours allowed by City Ordinance.

Construction, comprised of site preparation, utility installation, and building construction is estimated to comprise of 510 construction workdays of 23 months.
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Construction Equipment
Project construction would require the use of heavy equipment at various stages of construction such as demolition, excavation, and concrete installation. Equipment anticipated on site would include concrete saws, excavators, dump trucks and rubber-tired dozers during demolition; excavators, rubber-tired dozers, dump trucks and scrapers during grading; forklift, rough terrain forklifts, skid steer loaders, concrete pump and screeds for concrete installation and tractors/loaders/backhoes during construction. A water tank and dewatering pumps would also be utilized, if necessary.

Utilities
The project included connections to existing utilities. The project would connect to existing water and sewer lines in Belmont Avenue through the extension of utility laterals. Water and sewage disposal are provided by Mid-Peninsula Water District and the City of Belmont, respectively. The project would connect to existing telephone and cable lines, with service provided from Comcast and gas and electric lines in El Camino Real. Additionally, the project would connect to and then extend a storm drainage line approximately 400 feet westward along El Camino Real to a catch basin at Anita Avenue and El Camino Real.

Project Analysis
City staff reviewed the proposed Project for its compliance with the City’s General Plan, the development standards of the Belmont Zoning Ordinance (BZO), and State Density Bonus law. Staff has determined that the Project is consistent with these standards as detailed in the analysis below.

General Plan Conformance
The project is in conformance with the Belmont General Plan. The General Plan designation for the site is “Corridor Mixed Use,” which is intended to provide community and visitor-serving retail and services, lodging, office, and high density residential in a horizontal and/or vertical mixed-use setting. The project is consistent with this objective because it provides a mixture of housing types ranging from one- to threebedroom apartment units in a high density vertically oriented residential development. Attachment provides the project’s consistency with key goals and policies of the Belmont General Plan.

Housing Element – Housing Development Opportunity Site 6 The Housing Element identified the subject site as a Housing Opportunity Site as one of 50 underutilized parcels intended for residential development. The City re-zoned the El Camino Real corridor to facilitate higher density redevelopment and infill development appropriate for the major transportation corridor, and anticipated higher densities as viable along the transit corridor.

The Housing Element identified the Project site as Opportunity Site 6, and recognized the parcel as a critical component of meeting the City’s Regional Housing Needs Allocation. As shown in the Table 6, the project would assist the City in achieving the City’s regional housing needs per income category. The Housing Element anticipated 50 units on this site. However, the Project’s 125 units would not conflict with this because the Housing Element does not place a maximum development capacity on the Development Opportunity Sites. Accordingly, the project is critical component towards meeting the City’s regional housing needs.
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Table 6: El Camino Real Corridor Summary of Site with Residential Capacity Sites Extremely
Low
Very Low Low Moderate Above
Moderate
Total
El Camino Real Sites without
Consolidation 30 31 33 34 115 243
Project 36 27 62 0 0 125
Remaining Surplus of
6 4 29 34 115 118
El Camino Real Sites with
Consolidation 33 33 35 37 124 262
Project 36 27 62 0 0 125
Remaining Surplus of
3 6 27 37 124 137
Belmont Zoning Ordinance Conformance
The proposed project is consistent with the development standards in the Belmont Zoning Ordinance (BZO) as demonstrated in Attachment J, subject to use permit and design review findings, and conditions of approval.

Design Review and Conditional Use Permit
The requisite Design Review Principles Section 13.5.2 and 13.6, and Conditional Use Permit Findings Section 10.7.3(a)(1-4) are provided in the attached resolution (see Attachment D). The findings address all elements for the project related to the conditional use permit and design review requests which are included in Attachment D.

Pursuant to Belmont Zoning Ordinance Section 5A.1.3(m), multi-family dwellings on the ground floor are conditionally permitted, with a determination by the Planning Commission that a single use building is appropriate for the site and is setback at least 10 feet from the front and street side lot lines.

Analysis: The project is setback 11 feet from Belmont Avenue and El Camino Real.

In determining whether a single use building is appropriate for the site, the Commission shall consider whether:
1) The layout and street orientation of the project site, parking and circulation traffic pattern for the project are conducive for the operation of ground floor commercial, retail or restaurant uses.

Analysis: Compliant. The layout, street orientation, parking and circulation traffic patterns for the project site are not conducive to the operation of ground floor commercial, retail, or restaurant uses. Ground floor commercial, retail, or restaurant uses are associated with a high level of vehicle trips which would be located an unimproved private street. Neighboring properties may restrict access to the site from this street. Installation of an entry to the site from El Camino Real, instead of Belmont Avenue, may not be feasible and may introduce traffic conflicts given intersection 80

800-803 Belmont Ave Development Project - Staff Report
proximities to each other. Access to the site from El Camino Real would introduce conflicts between pedestrians and vehicles accessing the site. Therefore, the layout, orientation, parking and circulation traffic patterns are not conducive for the operation of ground floor commercial, retail, or restaurant uses.
2) The project would be replacing an existing retail or restaurant use on site.

Analysis: Compliant. The project would not replace an existing retail or restaurant use on the site.

The project would replace the existing Bel Mateo Motel and develop an underutilized portion of the site with residential uses available for low-income households. 3) There are existing commercial, retail, or restaurant uses within ¼ mile of the project site that would meet the needs of the building occupants.

Analysis: Compliant. The Belmont Plaza Shopping Center is located tangential to the project site along El Camino Real, while restaurant and office uses are located 26 feet west of the western property line of the property along El Camino Real. These uses, as well as additional commercial, retail, and restaurant uses located along El Camino Real within ¼ mile of the project site would meet the needs of the building occupants.
4) The project would provide 30% or more units of affordable housing.

Analysis: Compliant. The project provides 100 percent affordable housing to households at the low-income and below levels.

Additional Density and Height Subject to Density Bonus Law and Public Benefit The project qualifies for certain provisions under state and local density bonus law, the first of which is an increase in density above the maximum amount of 45 du/ac. Cities and counties are required to grant a density bonus to housing projects which contain 100 percent of the housing units (other than manager’s units) are restricted to very low, lower and moderate-income residents (with a maximum of 20 percent moderate). The project provides 100 percent of units available to low-income households. Accordingly, the project is afforded an 80 percent bonus in density.

Table 7: Summary of Density Bonus and Community Benefit Units Density and Bonus Units (1.46 acres)
Density Permitted Per BZO: Base Project Density (45 du/ac) 66 units Density Bonus of 80 Percent Pursuant to § 65915(f): 118 units Project Density 125 units
Density Bonus Subject to Community Benefit 7 units
As demonstrated in Table 7, the Project would require the provision of a density bonus of approximately seven units pursuant to the City’s community benefits provisions in BZO Section 5A.1.1. The provision of this community benefit represents approximately five percent (5%) of the units of the project. BZO Section 5A.1.1 states that “a community benefits program allows additional height, density and intensity 81

800-803 Belmont Ave Development Project - Staff Report
to be granted in exchange for the provision of specified community benefits.” Projects seeking a greater density over the maximum allowed from California Density Bonus Law must provide specific community benefits, consistent with City Council findings (to be reviewed/determined) in the affirmative concerning the following three items:
1) Making such an award is in the City’s interest and will help implement the General Plan.

Analysis: Compliant. Allowing the 800-803 Belmont Avenue Residential Project seven units in excess of the maximum density enables the City to provide for and almost meet the entirety of its affordable housing requirement as established in the Housing Element of the General Plan. Making the award is in the City’s interest because it achieves compliance with the City’s RHNA and catalyzes growth in proximity to transit.
2) These benefits cannot be realized without granting an increased density.

Analysis: Compliant. Providing the affordable housing levels proposed by the project would not be possible without the increased density. To comply with the 45 du/ac or 60 du/ac requirement, the project would have to be reduced by 59 units and 37 units, respectively. With a reduction of 59 or 37 units, the project would require additional financing which may result in the project not being constructed.
3) That the increase granted is the minimum necessary to realize these benefits and that no adverse impacts or land use incompatibilities will be created that are judged unacceptable.

Analysis: Compliant. The increase in density of seven additional units is the minimum to provide the required needed number of units for the project.

The project will not result in adverse impacts or land use incompatibilities as a result of the increased density. As discussed in the environmental review section of this staff report, the project would result in the demolition of a resource that is eligible for listing on the local register.

However, this impact would occur regardless of the density of the project. All other impacts have been mitigated to less than significant levels. The project, as conditioned, will be required to implement the recommendations of the Phase I environmental site assessment, ensuring the safety of construction workers and future residents. Traffic analysis for the project includes a mitigation measure to install a raised median in El Camino Real for safety. With installation of this median, the project would not have adverse impacts or land use compatibilities that are unacceptable.

Pursuant to State Density Bonus Law, if a 100 percent affordable project is located within a half mile of a major transit stop, the project is entitled to receive a maximum height increase of up to three additional stories or 33 feet. The BZO height limit is 45 feet. However, the maximum height of the project along El Camino Real is 65 feet. The height of the building at the rear of the site, closest to adjacent residences is 60 feet, five feet above the maximum permitted under the City’s community benefit allowance. However, State Density Bonus takes precedence. The height in excess of 45 feet is comprised of the top two stories of the building and roof structure. Accordingly, this excess height comprised of the top two stories of the building is permitted pursuant to State Density Bonus Law. 82

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Public Benefit
Section 31.4.1(f)(2) of the Belmont Zoning Ordinance specifies acceptable community benefits for an increase in density above the prescribed amounts. The primary community benefit provided by the project is the provision of affordable housing well in excess of the City’s requirement. The provision of a 100 percent affordable housing project at the low-income level satisfies the requirements of community benefits identified under BZO Section 31.4.1(f)(2).

Affordable Housing Plan
Applicants for residential rental projects of 25 units or more must submit an Affordable Housing Plan (AHP) concurrently with the application for the first approval of the project. As the City does not have a particular format for the AHP, the applicant incorporated it into the project plans. A detailed review of the AHP is provided in Attachment H.

BZO 29.85(a)(5) indicates that an AHP must be processed concurrently with all other permits required for the development project. Before approving the AHP, the decision-making body shall find that the affordable housing plan conforms to BZO Section 29.6 (b) (1-3).

BZO 29.6 - Provision of Affordable Units; (b) Standards for Affordable Units 1) Affordable units must be comparable in exterior appearance and overall quality of construction to market-rate units in the same housing development. Interior finishes and amenities must equal those provided in the base model market-rate units.

Analysis: Compliant. The project is a 100 percent affordable project to households’ low income and below, with a design theme applied consistently throughout all units and elevations. Accordingly, all exterior finishes and amenities are applied equally across all of the units. To ensure that interior finishes are consistent, a project condition of approval will require verification of interior finishes after construction of the project, and before issuance of a certificate of occupancy.
2) The number of bedrooms in the affordable units must be comparable to the average number of bedrooms in the market-rate units, and the affordable units must be reasonably dispersed within the residential project, with unit locations comparable to those of the market-rate units, or, subject to the approval of the community development director, may be clustered within the residential project when this furthers affordable housing opportunities.

Analysis: Compliant. The project is generally consistent with the number of bedrooms for affordable units. The project is a 100 percent affordable project to households’ low income and below. The project provides 42 percent of units in the one-bedroom category, 32 percent in the two-bedroom category, and 26 percent as three-bedroom units. One-bedroom units are available to extremely and very low-income households while the majority of three-bedroom units are available to low-income households. The project does not include bedrooms in market rate units. Therefore the project’s allocation of bedroom units by income category is acceptable. Further, given that the project is a 100 percent affordable project, units are dispersed throughout the building.
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3) The affordable units must have the same amenities as the market rate units, including the same access to and enjoyment of common open space, parking, storage, and other facilities in the residential project.

Analysis: Compliant. The project is a 100 percent affordable project. Accordingly, units have the same access to and enjoyment of common open spaces, parking, storage, and other facilities in the residential project.

Parking and Loading Analysis
As part of California Density Bonus Law, the project is entitled to reduced parking requirements because it provides 100 percent of the units as affordable to lower income households and is located within onehalf (0.5) mile of the Caltrain Belmont property. Accordingly, the project is entitled to a requirement of one-half space per unit. The project includes a proposal that would assign parking spaces to specific units, overseen by management. Table 8 below demonstrates the project’s satisfaction of the vehicle, bicycle, and loading space parking requirements.

Table 8: Parking Analysis
Vehicle Parking Analysis Consistent?
Units 125
Yes
Parking Requirement 0.5 spaces/unit
Parking Required 63 spaces
Total Parking Provided 152 spaces
Excess or Deficit 89 spaces excess
EV Charging 5% of parking spaces
minimum: 8 spaces required
16 spaces provided
Accessible Parking Garage parking: 5 required
9 spaces provided
Loading Space One 10’ x 25’ space required
Provided 10’ x 25’ space
Bicycle Parking Analysis
Parking Requirement 2 short term spaces
Per Transportation Demand
Management : 1 per 5 dwelling
units Class 1 Spaces Yes Parking Required 2 short term
25 Class 1 spaces
Parking Provided 2 short term
84 Class 1 spaces
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800-803 Belmont Ave Development Project - Staff Report
Excess 0 short term
59 Class 1 spaces
Loading Requirement Analysis
One small space, no less than 10 ft. wide and 25
ft. in length, with vertical clearance of eight ft.
10 ft. by 25 ft. loading space
provided in entry driveway to
project
Yes
Transportation and Transportation Demand Management (TDM) A comprehensive traffic impact study (TIS) was prepared for the project by Elite Transportation Group and peer reviewed by Advanced Mobility Group. The TIS evaluates the potential traffic impacts from the project and evaluates TDM measures.

Traffic Metrics
Senate Bill 743 required changes to how the significance of transportation impacts are determined under CEQA, specifying that Vehicle Miles Traveled (VMT)1 is the most appropriate metric to evaluate a project’s transportation impacts. Thus, the CEQA Guidelines no longer include automobile delay, as measured by “level of service” (LOS)2 and other similar metrics, as significant impact criteria for evaluation of environmental impacts under CEQA. The Technical Advisory on Evaluating Transportation Impacts in CEQA published by the Governor’s Office of Planning and Research includes the following discussion pertaining to affordable housing project.

Less Than Significant Impact Near Transit Stations:

Proposed CEQA Guideline Section 15064.3, subdivision (b)(1), states that lead agencies generally should presume that certain projects (including residential, retail, and office projects, as well as projects that are a mix of these uses) proposed within ½ mile of an existing major transit stop or an existing stop along a high-quality transit corridor will have a less-than-significant impact on VMT.

The project would have a less than significant impact on VMT. The project satisfied the distance requirements under CEQA Guidelines Section 15064(b)(1) for proximity to high quality transit. The project is two-tenths (0.2) of a mile away from the existing high-quality transit stops for major regional transit services (SamTrans ECR, 397, and 398). Additionally, it is approximately one-half (0.5) mile from the Caltrain Belmont Station (near the intersection at El Camino Real and Middle Road). The development 1 VMT is a measurement of the amount of travel for all vehicles in a defined area, such as within the City boundaries, within San Mateo County or within the Bay Area region. It represents the total number of vehicle trips multiplied by the total distance each vehicle travels. VMT can also be used as an efficiency metric, “VMT per capita” or “VMT per employee,” to encourage development in travel-efficient locations (e.g., locations in proximity to key destinations, services, and transit service).

Mitigation measures for VMT impacts typically would include implementing transportation demand management (TDM) measures and strategies to encourage low-emission, multimodal transportation. 2 The LOS metric assigns a letter grade (A to F) related to the delay per vehicle for an intersection or roadway segment. LOS A represents free flowing conditions and little to no delay to vehicles while LOS F represents congested conditions with higher delays and long queues for vehicles. LOS analysis and mitigation measures are different from VMT in that they would typically support strategies that encourage faster automobile travel times, reduce peak commute time congestion, implement roadway widening and other infrastructure or strategies that could encourage travel by single occupant vehicles; however, LOS is a useful metric for determining a project’s potential circulation impacts, as it can be used to identify when an intersection with stop signs should be replaced with a traffic signal, when a new turn lane is needed, and when queuing may exceed a turn pocket length.
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800-803 Belmont Ave Development Project - Staff Report
proposes two (2) short-term (Class 2) and 86 long term (Class 1) bicycle parking spaces to promote biking.

Lastly, the project is required to pay traffic impact fees to offset less than significant traffic impacts.

Compliance with regulatory provisions, being located along a high-quality transit corridor, and exceeding bicycle parking requirements indicates the project will have less than significant VMT impact.

Belmont’s TDM Program Report and Guidebook provide special considerations where TDM measures may not be required. These provisions apply to 100 percent affordable housing projects of any size, except that projects must provide on-site, secure bicycle parking at a rate of one (1) bicycle parking spot per five (5) dwelling units, and applicants are encouraged to coordinate with Belmont City staff to include as many TDM measures as are feasible. The project satisfies these requirements. The project includes safe and convenient pedestrian connections by improving the crosswalk at El Camino Real and Belmont Avenue, and includes a bicycle storage room in the building that exceeds the long-term Class 1 bicycle parking requirement by 59 spaces. Accordingly, the project satisfies the City of Belmont’s TDM Program Report and Guidebook for not requiring TDM measures.

Tree Removal Permit:

The project includes an arborist report (Attachment L) which evaluated the trees located onsite, of which 25 are considered as “Protected Trees” based on the City’s Ordinance. The project proposes removing 25 protected trees as defined by Chapter 25 of the Belmont Municipal Code per the project plans and arborist report. These trees include one coast redwood and 24 eucalyptus trees. The project would retain two trees located towards the now vacant restaurant at the rear of the site. The removal of the 25 trees is necessary to construct the project at the proposed scale. The arborist report notes that only the one redwood tree proposed for removal, located at adjacent to Belmont Avenue, near the former Vans Restaurant is in good condition. All other trees are in fair to poor condition. Most of the eucalyptus trees proposed to be removed are located offsite. The project owner has obtained authorization from Davey-Glen, LLC to remove these trees.

The project includes the planting of a variety of tree types throughout the project site. The project includes, but is not limited to, 13 redbud and dogwood trees, 11 maidenhair trees, seven crape myrtles, and five London planes that are primarily planted around the perimeter of site and at the rear of the site in the landscape and open space area. The redbud is proposed to be 15-gallon tree while all others are 24-inch box trees. In total, the project includes 60 trees to be planted onsite. Other groundcover, shrubs and low plantings are proposed for the project site.

Adherence to conditions of approval attached to permits will ensure compliance with the City’s Tree Ordinance and the City’s Municipal Code. Conditions of approval for the project require the applicant to implement all tree protection measures, payment of tree removal fees, and mitigation plantings or payment of in-lieu fees. The proposed improvements to the site are reasonable and conform to the intended use.

There are a number of existing trees on site, and additional trees will be installed and/or in-lieu fees will be paid in accordance with City requirements. Thus, staff and the Planning Commission is recommending that the City Council grant the Tree Removal Permit for the project.

Tentative Map:

The merger of the underlying lots conforms with the City of Belmont’s requirements for lot size and dimensions.
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Site Access
Access to the site is provided from Belmont Avenue, which is a private street. Staff has confirmed that access is unencumbered, and has received written agreements from adjacent property owners, included as Attachment P, that access to the property is also granted and not restricted.

Sewer Improvements
The proposed design consists of one 6-inch sewer lateral that will serve the site and will connect to the existing 6-inch main in Belmont Avenue. The existing 6-inch main in Belmont Avenue will meet the City’s requirements for maximum depth of flow during the proposed conditions. Conditions of approval are included for the provision of sewer connection fees, and fair share costs for sewer impacts on the pump station.

Storm Drainage
There is no storm drain system along Belmont Avenue frontage of the project. The existing drainage sheet flows from the project site via the face of curb, to Belmont Avenue, and then mingles that with public water in El Camino Real. The project would collect drainage onsite and convey it down El Camino Real to a catch basin at Anita Avenue via a new 18-inch storm drainage line.

Drainage conditions will be improved by adding catch basins on north side and south side of Belmont Avenue to collect the upstream runoff, the roadway surfaces and onsite water. On-site storm water flowing into the San Mateo County storm drain system will be treated per C3 requirements. The systems would use low-impact-development bio retention basins and flow through planters. Accordingly, the project will not increase post-development flows of storm drainage compared to pre-development amounts. Based on the current stormwater control plan, the 10-year flow is captured in pipes or infiltrated through the soil.

The 100-year flow is collected via the curb and then to the catch basins on Belmont Avenue and then El Camino Real at the Anita Avenue intersection.

Water, Electric, and Gas
The applicant has received will-serve letters from Mid-Peninsula Water District and Pacific Gas and Electric that they will serve the project with water, gas, and/or electric services.

Solid Waste and Recycling
The project has received approval from Recology for the design of solid waste collection (Attachment 12). The project would conform to the City’s requirements for solid waste and recycling for residential projects. Collection of waste would occur separately for each component of the project. A final waste collection plan will be required prior to permitting/construction of the project.

The findings for approval of a tentative parcel map include consistency with the General Plan, physical suitability of the project site for the type and density of proposed development, the potential for environmental and public health impacts, and the potential for conflicts with public easements.

Merger of the lots and the proposed location of the building complies with all required setbacks. In addition, the site and adjacent public right-of-way would be of sufficient size to accommodate all required frontage and streetscape improvements. The potential environmental and public health effects of the project have been addressed in the environmental impact report, and the project proposes a public access 87

800-803 Belmont Ave Development Project - Staff Report
easement along the project frontage. Subject to City Council approval of the increase in density in exchange for the specified community benefits, the project would not exceed the maximum residential development intensity permitted under the General Plan. A General Plan (GP) Consistency analysis for the parcel map is provided Attachment I.

The findings for approval of a parcel map are negative, in that if they can be made in the affirmative, the project must be denied. Staff recommends, and the Planning Commission concurred, that none of the required findings can be made in the affirmative. Therefore, staff recommends that the City Council adopt a Resolution approving the parcel map for the project.

Grading Permit:

Development projects that exceed 500 cubic yards of grading require Grading Plan or Permit approval by the Planning Commission. Key considerations for the Grading Plan identified in the required findings for approval (City Code Section 9-27 (a)–(h)) include review of the grading for site stability, and erosion control/flooding/water quality impacts. The grading must also be necessary for “reasonable” use of the site, which has generally been interpreted to include uses that conform to the project site’s zoning district, and are constructed in accordance with established development criteria. The visual compatibility impacts of grading are assessed as well. This review entails an evaluation of the potential condition of the property as a result of the proposed grading (including tree preservation). For example, depositing large quantities of fill and clearcutting trees on a project site solely to gain a view over surrounding properties, may be considered visually incompatible grading (it also may be considered unnecessary). Conformance with the technical aspects of grading (site stability, erosion control, dust control, and the methods of cut, fill, compaction, etc.) are reviewed by engineers in the Public Works Department and consultants working for the City.

The grading plan has been reviewed by the Public Works Department and found not to be excessive, as there is no grading unnecessary for the project, which would conform with the permitted/conditionally permitted uses and the development criteria of its zoning district. The project grading would be visually compatible with the surrounding area, as it mostly entails excavation of an underground parking garage, and construction of a multi-family residential building on a generally flat pad, surrounded by landscaping, and parking areas.

A final grading plan will be reviewed and approved by the Public Works Department, prior to building permit issuance. The City’s consulting geologist has provided several recommendations that have been included in the conditions of approval. There are no known geological hazards on site or in the immediate neighborhood of the subject property. Unless an exception is granted, grading is limited to the drier season (April 15- November 14), which also serves to prevent erosion; however, the Department of Public Works will require that applicant to adhere to specific best management practices (BMPs) to avoid air and water quality impacts. In addition, General Plan EIR Mitigation Measures, and conditions of project approval would require the applicant address potential noise, vibration, cultural, biological, and hazardous materials impacts, prior to and during grading operations.

To prevent traffic impacts, the applicant will be required to submit a construction management plan for review and approval by the Department of Public Works. A primary consideration of this plan would be to ensure that project construction does not adversely impact traffic operations within the surrounding 88

800-803 Belmont Ave Development Project - Staff Report
neighborhoods. Given the large size of the project site and its close proximity to Highway 101, it is anticipated that all construction could be staged on site, and larger hauling vehicles could be used to reduce truck trips.

The City's Building Division and Public Works Department have reviewed the grading plans for the project, and have determined that the plan is in conformity with the Building Code and the City of Belmont Grading Ordinance (Chapter 9 of the City Code). Based on the foregoing discussion, the findings for approval of the Grading Permit can be made in the affirmative. Therefore, staff and the Planning Commission recommends that the City Council adopt a resolution for approval of the Grading Plan.

Geotechnical
The applicant submitted geotechnical investigations for the project which were peer-reviewed by the City’s consulting geologist, Geosphere. The geotechnical investigation concluded that the proposed residential development is suitable for the site from a geotechnical perspective, provided that the recommendations contained in the investigation are implemented in the design and construction. The City’s consulting geologist concurs with the recommendations with the investigation, and recommends approval of the project subject to standard conditions (i.e., geotechnical review of final building and grading plans and field inspections during construction). Consistent with the City’s geotechnical requirements, all consulting geologist recommendations have been included as conditions of project approval.

Environmental Review:

The City of Belmont, as the lead agency for the proposed project, prepared a Draft Environmental Impact Report (DEIR) for the proposed 800-803 Belmont Avenue Residential Project. The City exceeded California Environmental Quality Act (CEQA) circulation requirements, by providing a 50-day public review of the DEIR, instead of a 45-day public review, from November 17, 2021 to January 6, 2022.

Further, copies of the DEIR were made available online, at City Hall, and were also available at the library, which exceeds CEQA mandates for DEIR availability.

The DEIR provides environmental clearance under CEQA for the project. The DEIR analyzed projectlevel environmental impacts and discussed alternatives to the proposed project. During public circulation, City staff did not receive public comments on the EIR. A First Amendment to the DEIR has been prepared.

The First Amendment together with the DEIR constitute the Final Environmental Impact Report (FEIR) for the proposed project. These entire documents can be viewed on the City’s website at:
https://www.belmont.gov/Home/Components/FacilityDirectory/FacilityDirectory/431/333 The DEIR found that the project would result in significant and unavoidable impacts related to cultural resources. The project would result in the demolition the Bel-Mateo Motel, which, based on the conclusions of the Historic Resource Evaluation (HRE) for the project, is eligible for listing on the California Register of Historic Resources. It is important to note that the Bel Mateo Motel is not listed on a City register of historical resources, nor a state a federal list. The HRE is available in Appendix E. While the DEIR identifies feasible mitigation measures, no feasible mitigation would reduce impacts to the eligible resource to a less than significant level. Furthermore, the DEIR identified the following less than significant impacts with mitigations for noise, transportation, and tribal resources. The following table summarizes the identified impacts and mitigation measures. 89

800-803 Belmont Ave Development Project - Staff Report
Table 9: Impacts and Mitigation Measures

POTENTIAL IMPACTS LEVEL OF

SIGNIFICANCE

MITIGATION MEASURES

CULTURAL RESOURCES
Impact 4.1-1: The
proposed project would
adversely impact the integrity
of an individual historic
resource. This would be a
significant and unavoidable
impact.

Significant and
Unavoidable
MM CUL-4.1-1a:

Prior to issuance of any grading, demolition, or building permits or any other approval that would allow disturbance of the Project site, the Project applicant shall prepare and submit, to the satisfaction of the Director of Community Development, or Director’s designee, evidence that the following actions have been satisfied.
a. The applicant or successor shall prepare a Historic American Building Survey ("HABS") Level II documentation of the ca. 1952 Bel-Mateo Motel, the two ca. 1952 signs (Sign 1 and Sign 2 as described in the Historic Resource Evaluation), and the associated landscape as follows:

1. Drawings: select existing drawings, where available, should be photographed with large-format negatives
or photographically reproduced on Mylar of the site
plan and floor plans for the motel.

2. Photographs: Digital photographic documentation of
the interior, exterior, and setting of the buildings in compliance with the National Register Photo Policy
Fact Sheet. Photos must have a permanency rating of
approximately 75 years.

3. Written data: HABS written documentation in short
form
An architectural historian meeting the Secretary of the Interior’s Professional Qualification Standards shall oversee the preparation of the sketch plans, photographs and written data. The required documentation shall be filed with the Northwest Information Center at Sonoma State University, the repository for the California Historical Resources Information System. All documentation shall be submitted on archival paper and must first be reviewed and approved by the Director of Community Development, or Director’s Designee. Additional copies shall be made available to other local research institutions, as requested, and a copy with the City’s Planning Division.

MM CUL-4.1-1b:

Prior to issuance of any grading, demolition, or building permits or any other approval that would allow disturbance of the Project site, the Project applicant shall conduct and prepare 3D laser scanning, providing digital documentation of the resource by a qualified professional. This documentation shall be donated to the Belmont Historical Society and the City of Belmont Community Development Department.

MM CUL-4.1-1c:

Prior to issuance of any grading, demolition, or building permits or any other approval that would allow disturbance of the Project site, the project applicant shall donate the ca. 1952 signs to the Belmont Historical Society. Following completion of the action, the Project applicant shall submit a memo report documenting the donation to the Director of Community Development or Director’s designee. 90

800-803 Belmont Ave Development Project - Staff Report

POTENTIAL IMPACTS LEVEL OF

SIGNIFICANCE

MITIGATION MEASURES
Impact 4.1-2: The proposed
project would not adversely
impact the integrity an historic
district, which is recognized as
an identified historic resource.

This would be less than
significant.

Less than
Significant
Not applicable
Impact 4.1-3: Demolition of
Bel Mateo Motel would not
contribute to cumulative
impacts to historic resources
(i.e. buildings, structures,
object, districts, sites). This
impact would be less than
significant.

Less than
Significant
Not applicable
Impact 5.13-1: Construction
noise levels would typically
range from 70 to 81 dBA Leq at
commercial uses to the north,
from 68 to 79 dBA Leq at
commercial uses to the south,
from 63 to 74 dBA Leq at
residences to the southwest,
and from 61 to 72 dBA Leq at
residences to the south. These
levels would exceed the
ambient noise environment by
5 dBA Leq or more at various
times throughout construction
for a period of over one year.

This would be a significant
impact without mitigation, and
the project is subject to the
following mitigation measure.

Less than
Significant
with
Mitigation
MM NOI-5.13-1:

Prior to the issuance of any grading or demolition permits, the project applicant shall submit and implement a construction noise logistics plan that specifies hours of construction, noise and vibration minimization measures, posting and notification of construction schedules, equipment to be used, and designation of a noise disturbance coordinator. The noise disturbance coordinator shall respond to neighborhood complaints and shall be in place prior to the start of construction and implemented during construction to reduce noise impacts on neighboring residents and other uses. The noise logistic plan shall be submitted to the Director of Community Development or Director’s designee prior to the issuance of any grading or demolition permits. As a part of the noise logistic plan and project, construction activities for the proposed project shall include, but is not limited to, the following best management practices:
• Pursuant to the Municipal Code, restrict noise-generating construction activities to the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday and 10:00 a.m. to 5:00 p.m. on Saturdays.

No construction activity or related activities shall be allowed outside of the aforementioned hours or on Sundays and Holidays. • Construct temporary noise barriers, where feasible, to screen mobile and stationary construction equipment. Temporary noise barrier fences would provide noise reduction if the noise barrier interrupts the line-of-sight between the noise source and receiver and if the barrier is constructed in a manner that eliminates any cracks or gaps.
• All gasoline-powered construction equipment shall be equipped with an operating muffler or baffling system as originally provided by the manufacturer, and no modification to these systems is permitted.
• Unnecessary idling of internal combustion engines should be strictly prohibited.
• Locate stationary noise-generating equipment, such as air compressors or portable power generators, as far as possible from sensitive receptors as feasible. If they must be located near receptors, adequate muffling (with enclosures where feasible and appropriate) shall be used to reduce noise levels at the adjacent 91

800-803 Belmont Ave Development Project - Staff Report

POTENTIAL IMPACTS LEVEL OF

SIGNIFICANCE

MITIGATION MEASURES
sensitive receptors. Any enclosure openings or venting shall face away from sensitive receptors.
• Utilize “quiet” air compressors and other stationary noise sources where technology exists.
• Construction staging areas shall be established at locations that will create the greatest distance between the construction-related noise sources and noise- sensitive receptors nearest the project site during all project construction.
• A temporary noise control blanket barrier could be erected, if necessary, along building facades facing construction sites. This mitigation would only be necessary if conflicts occurred which were irresolvable by proper scheduling.
• Locate material stockpiles, as well as maintenance/equipment staging and parking areas, as far as feasible from residential receptors.
• Control noise from construction workers’ radios to a point where they are not audible at existing residences bordering the project site.
• The contractor shall prepare a detailed construction schedule for major noise- generating construction activities. The construction plan shall identify a procedure for coordination with adjacent residential land uses so that construction activities can be scheduled to minimize noise disturbance.
• Designate a "disturbance coordinator" who would be responsible for responding to any complaints about construction noise. The disturbance coordinator will determine the cause of the noise complaint (e.g., bad muffler, etc.) and will require that reasonable measures be implemented to correct the problem. Conspicuously post a telephone number for the disturbance coordinator at the construction site and include in it the notice sent to neighbors regarding the construction schedule.

Impact 5.17-1: The proposed
would result in a traffic hazard
because of an additional 16.6-
second control delay to the
intersection of Belmont
Avenue and El Camino Real.

Less than
Significant
with
Mitigation
MM TRAN-5.17-1:

Prior to issuance of building permit, the project proponent shall provide evidence of an encroachment permit from the California Department of Transportation for the installation of a raised median at the El Camino Real/Belmont Avenue intersection. Improvement plans shall demonstrate to the satisfaction of Belmont Public Works and Planning Departments that left-turn movement on the eastbound approach at the intersection of El Camino Real/Belmont Avenue are restricted through the installation of a raised median to prohibit eastbound to northbound left-turns from Belmont Avenue and installation of the “No Left Turn,” or “Right Only” signage on the project site at the intersection of El Camino Real and Belmont Avenue to the satisfaction of Belmont Public Works and Planning Departments.

Impact 5.18-1: The proposed
project would result in an
impact in listed or eligible for
listing the California Register
of Historic Resources or in a
local register of historical
resources as defined in Public
Less than
Significant
with
Mitigation
MM TRIBAL-5.18-1:

Prior to issuance of grading permit, the project proponent shall take boring samples of soil to examine for tribal or archaeological resources to qualified archaeological or tribal professional for examination.

Results of the sample shall be provided to the City. If samples are determined to have eligible resources, the applicant shall employ a qualified tribal monitor that is traditionally and culturally affiliated with 92

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POTENTIAL IMPACTS LEVEL OF

SIGNIFICANCE

MITIGATION MEASURES
Resources Code section
5020.1(k)
the geographic area as described in Public Resources Code section 21080.3 to monitor the site during grading activities.

Summary of Alternatives
The EIR identified the following alternatives:
• No Project Alternative
CEQA Guidelines section 15126.6 (e) requires the “No Project” alternative be evaluated along with its impacts. Implementation of the “No Project Alternative” would not meet the Project Objectives. Under the “No Project Alternative” the motel would remain on the site, requiring continued maintenance and upkeep and may ultimately deteriorate. The “No Project Alternative” would also not meet the City’s Objective of establishing a 100% affordable multi-family project on the site that meets the City’s standards for a high-quality design and use consistent with the General Plan and Municipal Code.

Under the “No Project Alternative” reasonably foreseeable future condition, the Bel Mateo Motel would remain as is. Under the No Project Alternative, the motel may deteriorate, losing its potential historic significance. The No Project Alternative, like the proposed project would ultimately result in the loss of an eligible structure.
• Alternative 2: Full Preservation in Place
To fully preserve the historic resources in place, the project would have to be reduced in size such that it would be infeasible. The undeveloped parcel fronting El Camino Real (APN No. 044-172- 200) is approximately 0.22 acres in size and would constitute the remaining gross developable area for the full preservation alternative. When considering setbacks, access, and open space requirements for the project, the approximately 0.22-acre parcel would be too small to accommodate a multi-family development. Further, consideration was afforded to conversion of the 19-room motel to a residential use. A one-story addition on the 0.22-acre parcel, horizontal expansions in areas level or graded areas that could accommodate these additions, and alterations adapt the hotel to a residential use while preserving the motel consistent with the Secretary of Interior Standards could afford the construction of residential units on the site. However, given the scale of the existing hotel, site topography, and development standards, preservation in place would not achieve project objectives.
• Alternative 3: Relocation Alternative
Under this alternative, the project would relocate the motel and signage from the project site to a single receiver site that would maintain their historic character. Following relocation of the structures to a receiver site, the Project site would be developed with the same development as the proposed Project. As such, all impacts of the project, apart from the impact to a historical resource, would be the same as the project.

Potential receiver sites were considered with the following criteria: (1) undeveloped property located along El Camino Real or a freeway to retain the auto-oriented nature of the motel in the 93

800-803 Belmont Ave Development Project - Staff Report
City of Belmont; and (2) the receiver parcel would have to be large enough to accommodate the motel in a placement that would allow for the retention of orientation, setbacks, and historic characteristics of the motel. Accordingly, a receiver site would have to be approximately one-acre in size. Parcels that fit these criteria were not identified. Further, the relocation of the motel would be cost prohibitive because acquiring the property and relocating the motel would exceed the cost of the project. As such, this alternative would be economically infeasible.

EIR Recirculation Unnecessary
As no comments were received during public circulation of the DEIR, there were no substantive inadequacies in the Draft EIR nor new previously unidentified significant impacts that require recirculation. Recirculation of an EIR is required when significant new information is added to the EIR after public notice is given of the availability of the draft EIR for public review but before certification.

Information can include changes in the project or environmental setting as well as additional data or other information. New information added to an EIR is not significant unless the EIR is changed in a way that deprives the public of meaningful opportunity to comment on a substantial adverse environmental effect of the project or a feasible way to mitigate or avoid such an effect (CEQA Guidelines Section 15088.5).

In accordance with CEQA Guidelines Section 15088, the First Amendment to the Draft EIR for the project identifies that no written responses were required because there were no comments received during the public review period for the Draft EIR. No significant new information has been added to the EIR since publication of the Draft EIR; therefore, the EIR does not need to be recirculated.

Statement of Overriding Considerations
A Statement of Overriding Considerations will need to be adopted by City Council for this project for these identified significant and unavoidable impacts. The CEQA resolution includes a Statement of Overriding Considerations and sets forth how the benefits of the project outweigh its significant adverse environmental impact.

Neighborhood Outreach & Correspondence:

The applicant reports conducting meetings in December 2020 and again on August 24, 2021. The applicant mailed letters (in English & Spanish) to all registered businesses and residential addresses within 300 feet of the site with an invitation detailing the time and location of the meeting. The meetings were held online and lasted over one hour where the applicant received feedback from the community.

Community concerns at the outreach meetings generally consisted of:
• Circulation and parking
• Overall project massing
• Affordability and services
• Street frontage and appearance
• Architecture design and materials color
• Availability of services like water, sewer, electric, schools, and internet After the applicant’s initial community outreach meeting, the applicant considered questions and concerns of the community and attempted to incorporate solutions in a feasible manner. The applicant provided massing drawings, renderings of the project, and identified measures to address community concerns 94

800-803 Belmont Ave Development Project - Staff Report
during construction. The applicant proposes that at the commencement of construction, the applicant would display a contact number that neighbors and community members can call in the event they have any complaints or concerns regarding the construction process. A summary of the neighborhood meetings, correspondence received as of the writing of this report, and the applicant’s response to the correspondence are provided as Attachment K. It appears the applicant has achieved the neighborhood outreach strategy tasks required by the City.

Conclusion And Recommendation:

The Planning Commission recommended that the City Council of the City of Belmont:

1. Adopt a Resolution certifying the Project EIR, with a statement of overriding considerations.

2. Adopt a Resolution approving of the Vesting Tentative Map (VTM).

3. Adopt a Resolution approving the Conditional Use Permit (CUP), Grading Permit, Tree Removal Permit and Design Review, subject to the City Council’s approval of the Tentative Map (TM) for the project and conditions of approval.

Alternatives

1. Continue the matter to another date in order to address any issues that have not been resolved.

2. Deny the requested entitlements.

Attachments
A. Project Location Map – Noted on Page 2 of Staff Report B. Resolution certifying the Final Environmental Impact Report and adopting a statement of overriding considerations
C. Resolution approving the Tentative Map (TM)
D. Resolution approving the Conditional Use Permit (CUP), Design Review, Grading Permit, Affordable Housing Plan, and Tree Removal Permit, subject to approval of the TM E. Conditions of Approval
F. Planning Commission Resolutions
G. Final EIR and Mitigation Monitoring and Reporting Program – This attachment is accessed via the Major Projects link on the City of Belmont Website
H. Affordable Housing Plan
I. General Plan Consistency Analysis
J. Belmont Development and Design Standards Evaluation
K. Neighborhood Outreach
L. Arborist Report
M. Recology Approval Letter
N. Geotechnical Studies
O. Will Serve Letters
P. Neighboring Property Owner Letters
Q. Project Plans – This attachment is accessed via the Major Projects link on the City of Belmont Website
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800-803 Belmont Ave Development Project - Staff Report
Fiscal Impact
☒ No Fiscal Impact
☐ Funding Source Confirmed: Insert Acct # and additional information Source: Purpose: Public Outreach:

Staff Discretionary Action Other*
** 1) Posting of Agenda, 2) Notice published in newspaper of general circulation, and mailed to property owners within 300 foot radius of project site.
96 RESOLUTION NO. 2022

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELMONT MAKING

ALL FINDINGS REQUIRED UNDER THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT (CEQA), INCLUDING A STATEMENT OF OVERRIDING

CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING AND

REPORTING PROGRAM IN ACCORDANCE WITH THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) FOR THE 800-803 BELMONT AVENUE RESIDENTIAL PROJECT (APPL. NO. 2020-0020)
WHEREAS, ROEM Development Corporation, applicant (or designee), on behalf of the property owner, DeMartini, Lloyd J. Trust, LLC; Winfield Development LLC, requests approval of entitlements for construction of a 125 affordable unit project in a multifamily building, site improvements, and associated landscape and frontage improvements at 800-803 Belmont Avenue (Assessor’s Parcel Numbers 044-172-190 and 044-172-200); and, WHEREAS, the City of Belmont (“City”) determined that the Project requires review under the California Environmental Quality Act (“CEQA”) (Pub. Resources Code section 21000 et seq.); and,
WHEREAS, the Project qualifies as a project under the California Environmental Quality Act (CEQA), Public Resource Code §§21000-21178; and,
WHEREAS, the existing motel proposed for demolition (the “Bel Mateo Motel”) has been determined to be an eligible historic resource (Historic Resource Evaluation of the property Located at 803 Belmont Avenue, Evans & De Shazo, Inc., November 10, 2021); and WHEREAS, as an eligible historic resource, the Bel Mateo Motel is considered a historic resource pursuant to the California Environmental Quality Act (CEQA) and therefore an Environmental Impact Report (EIR) was prepared for the Project; and, WHEREAS, on July 16, 2021, the City of Belmont distributed a Notice of Preparation (“NOP”) of an EIR requesting that all interested parties provide comments on the scope of the EIR no later than August 16, 2021; and,
WHEREAS, all comments received on the NOP were addressed in the 800-803 Belmont Avenue Residential Project DEIR; and,
WHEREAS, on November 16, 2021, a Notice of Availability of the 800-803 Belmont Avenue Residential Project DEIR was provided to all property owners within 300’ of the property, and posted to the City’s website providing notice that the DEIR was available for public review and comment; and,
WHEREAS, the DEIR for the Project was circulated for a 50-day public review and comment period between November 17, 2021 and January 6, 2022; and, 97

WHEREAS, the City of Belmont did not receive written and oral comments to the DEIR; and,
WHEREAS, on March 24, 2022, in accordance with CEQA, the FEIR was made available, at least ten days prior to the Planning Commission’s hearing of the EIR; and, WHEREAS, the Project does not have the potential to result in a significant adverse impact on wildlife resources as defined in the State Fish and Game Code, either individually or cumulatively, though it is not exempt from Fish and Game filing fees; and, WHEREAS, the Project is not located on a site listed on any Hazardous Waste Site List compiled by the State pursuant to Section 65962.5 of the California Government Code; and, WHEREAS, it is recognized that demolition of the Bel Mateo Motel will constitute a significant and unavoidable impact to an eligible historic resource; and, WHEREAS, although the EIR identifies Mitigation Measures and a Mitigation Monitoring and Reporting Program has been prepared and set forth within the FEIR (Chapter 6.0 therein), because impacts remain significant and unavoidable a statement of overriding considerations, has been prepared in accordance with CEQA Guidelines Section 15093; and, WHEREAS, pursuant to CEQA, a Mitigation Monitoring and Reporting Program (Exhibit B hereto) has been prepared, to ensure that all mitigation measures are fully implemented; and, WHEREAS, on April 19, 2022, the Planning Commission following notification in the prescribed manner, conducted a public hearing at which hearing the Commission considered the Project, received public testimony and evidence, and adopted a resolution recommending City Council certify the FEIR, including a statement of overriding considerations, and adopt an MMRP for the subject project; and,
WHEREAS, on April 19, 2022, the Planning Commission recommended that the Belmont City Council find that specific economic, legal, social, technological or other consideration outweigh any significant environmental effects of the Project which cannot be fully mitigated; and,
WHEREAS, the “Findings of Fact Regarding Environmental Impacts, Mitigation Measures, Alternatives and Overriding Considerations for the 800-803 Belmont Avenue Residential Project,” (the “CEQA Findings and Statement of Overriding Considerations”) contained in Exhibit A hereto, which is incorporated herein by reference, has been prepared in order to satisfy the requirements of Public Resources Code § 21081, subdivision (a); NOW, THEREFORE BE IT RESOLVED that:

1. The above recitals are true and correct, incorporated herein by reference and adopted as findings of the City Council.
98

2. The City Council of the City of Belmont certify the 800-803 Belmont Avenue Residential Project Environmental Impact Report as an adequate description of the impacts of the Project in compliance with CEQA, and the State CEQA Guidelines.

3. The City Council of the City of Belmont certify that the 800-803 Belmont Avenue Residential project Environmental Impact Report was presented to and considered by the decision-making body prior to making a decision on the Project.

4. The City Council of the City of Belmont certify that the 800-803 Belmont Avenue Residential Project Environmental Impact Report reflects the independent judgment and analysis of the City.

5. The documents and other materials that constitute the record of proceedings on which this decision is based are located at One Twin Pines Lane, Suite 310, Belmont, California, 94002. The custodian for these documents is Belmont Community Development Department, Planning Division. This information is provided in compliance with Public Resources Code §21081.6(a)(2) and 14 Cal Code Regs §15091(e).

BE IT FURTHER RESOLVED that the City Council of the City of Belmont certifies the Environmental Impact Report, adopts the Mitigation Monitoring and Reporting Program, and adopts the CEQA Findings and Statement of Overriding Considerations for the 800-803 Belmont Avenue Residential Project, Application No. 2020-0020, based upon the whole of the record. * * *
Certified and adopted May 10, 2022 by the City Council of the City of Belmont by the following vote:

Ayes:

Noes:

Absent:

Abstain:

ATTEST:
_______________________________ __________________________________________ City Clerk Mayor
APPROVED AS TO FORM:
__________________________________________
City Attorney
99

EXHIBIT A
TO RESOLUTION 2022-

CITY OF BELMONT

FINDINGS OF FACT

AND STATEMENT OF OVERRIDING CONSIDERATIONS
FOR THE:
800-803 BELMONT AVENUE RESIDENTIAL PROJECT

PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
I. Introduction
The City of Belmont (the "City"), as lead agency under the California Environmental Quality Act Public Resources Code Section 21000, et seq. ("CEQA"), prepared an Environmental Impact Report (State Clearinghouse No. 2016082075, the "EIR") for the 800-803 Belmont Avenue Residential Project (together, the "Project"). The EIR is a project-level EIR prepared pursuant to CEQA Guidelines Section 15168 and consists of the Draft Environmental Impact Report released on November 16, 2021 (the "Draft EIR"), Appendices A through K of the Draft EIR, and the Final Environmental Impact Report released on March 24, 2022 (the "Final EIR"). The EIR addresses the potential environmental effects associated with the Project. a. Project Description
The proposed 800-803 Belmont Avenue Residential project is comprised of a 125 unit, 100- percent affordable multifamily structure. The project would be affordable at the low income and below levels. The project proposes the demolition of the existing Bel Mateo Motel, considered to be an eligible historic resource for listing on the California Register of Historical Resources, and the construction of a multi-family structure eight stories in height. However, the structure would be terraced as it extends up the site from El Camino Real to the west, with each terraced level not exceeding six stories. The structure would generally follow the natural topography of the site. The project site is known as the Bel-Mateo Motel and a vacant parcel with frontage on El Camino Real.

The site is situated on two parcels with a combined size of approximately 1.46-acres, with the 19- room motel occupying approximately 1.25 acres while an undeveloped quarter-acre parcel fronts El Camino Real. The site is approximately less than one-half (0.5) mile from the Belmont Caltrain station. The project includes onsite amenities, recreation and landscaped areas, and parking. Onsite amenities will include but are not limited to the following: outdoor recreation area of approximately 6,500 square feet, fitness center; resident club room; homework/computer room; resident services office; and a children’s play structure. The project will have 125 units. There are approximately 152 parking spaces proposed within three levels of at grade parking in an enclosed garage.
100

b. Purpose of the Findings
The purpose of the Findings of Fact and Statement of Overriding Considerations (the "Findings") that follow is to satisfy CEQA's requirements as set forth Public Resources Code Section 21000, et seq., and Sections 15091, 15092, 15093 and 15097 of the CEQA Guidelines associated with approval of the Project. These Findings provide the written analysis and conclusions of the City Council (the "City Council") of the City regarding the Project's environmental impacts, mitigation measures, alternatives, and the overriding considerations, which, in the City Council's judgment, justify approval of the Project despite its environmental effects. The Findings are divided into general sections. Each of these sections is further divided into subsections, each of which addresses a particular impact topic and/or requirement of law.

II. Project Objectives
The following are the Applicant’s Objectives:
• Construction of a 125-unit, 100-percent affordable, multi-family building. • Establish a high-quality architectural design for an affordable housing project. • Enhance the nearby Belmont Village Specific Plan Area by offering a vibrant community activity and services for new residents within one-half mile of public transit.
• Maximize use of an infill site by providing multi-family development served by various modes of public transportation.
• Target affordable housing to those earning between 30% to 80% AMI of San Mateo County.

The following are the City’s Objectives:
• Establish a 100-percent affordable housing project that is consistent with the Belmont General Plan and Zoning Code.
• Ensure that the City’s values of historic and cultural heritage are considered.

III. Record of Proceedings and Custodian of Record
Pursuant to CEQA Guidelines Section 15367, the City is the Lead Agency for the Project.

Accordingly, the City has taken the following actions in relation to the EIR to satisfy CEQA:
• The City sent the Notice of Preparation ("NOP") of the EIR to the State Clearinghouse and to state, local, and regional agencies on July 16, 2021. The City accepted written comments on the scope of the EIR until August 16, 2021, and concerns raised in response to the NOP were considered during preparation of the Draft EIR. The written comments that the City received in response to the NOP are included as Appendix A of the Draft EIR. • On November 16, 2021, the City published a Notice of Availability ("NOA") for the Draft EIR, and the Draft EIR was concurrently submitted to the Office of Planning and Research State Clearinghouse (the "State Clearinghouse") and circulated for public review and comment as well as to solicit comments from agencies and individuals on the adequacy and accuracy of the Draft EIR. The City distributed copies of the Draft EIR to state agencies, local governments, elected officials, groups, and interested parties on the City's 101

mailing list (the "Noticed Parties"). The Draft EIR, along with the proposed 800-803 Belmont Avenue Residential Project were made available through the follow website maintained by the City:
https://www.belmont.gov/Home/Components/FacilityDirectory/FacilityDirectory/431/33 3 • The Draft EIR was also made available for public review in printed form at the public counter of the Community Development Department-Permit Center at Belmont City Hall and at the Belmont Public Library throughout the public comment period. • The Draft EIR's public review period encompassed 50 days between November 16, 2021 and January 6, 2022.
• On March 24, 2022, the City released the Final EIR. All comments received on the Draft EIR during the public comment period were responded to and included in the Final EIR.

Collectively the Final EIR and the Draft EIR as amended by the Final EIR constitute the EIR for the Project.
• On April 19, 2022, the Planning Commission conducted a duly and properly noticed public hearing on certain components of the Project. The Planning Commission recommended that the City Council approve the proposed 800-803 Belmont Avenue Residential Project.
• On _____, the City Council certified the EIR following a duly and properly noticed public hearing.
• The 800-803 Belmont Avenue Residential Project and the EIR came before the City Council on ____ at a duly and properly noticed public hearing, and the City Council approved the Project and adopted the Mitigation Monitoring and Reporting Program (MMRP) and the Findings.

For purposes of CEQA and the analysis set forth in these Findings, the record of proceedings (the "Administrative Record") consists of the following documents and testimony, and at a minimum:
• The NOP, comments received on the NOP, the NOA, and all other public notices issued by the City in relation to the Project or the EIR;
• The EIR, including the Final EIR issued on March 24, 2022 and the Draft EIR as amended by the Final EIR, including all technical materials cited in the document; • The MMRP and all appendices to the Draft and Final EIR; • All non-draft and non-confidential reports and memoranda prepared by the City and its consultants in relation to the Project and the EIR;
102

• Minutes and transcripts of the discussions regarding the Project and/or Project components at public hearings or scoping meetings held by the Planning Commission and the City Council;
• Staff reports associated with Planning Commission and City Council hearings on the Project or the EIR;
• All of the comments and staff responses entered into the record orally and in writing between, as well as accompanying technical memoranda or evidence entered into the record;
• Matters of common knowledge to the City Council which they consider, such as the City's existing General Plan, any other applicable specific plans or other similar plans, and the City's Municipal Code; and,
• Any other category of material identified in Public Resources Code Section 21167.6 prepared in connection with Project or the EIR.

The Community Development Department is designated as the custodian of the documents and record of proceedings on which this decision is based. The Community Development Department office is located at Belmont City Hall, One Twin Pines Lane, Suite 310, Belmont, California, 94002, and the telephone number is (650) 595-7417.

IV. Findings are Determinative
The City Council certifies that the EIR has been completed in compliance with CEQA and that it was presented to, and reviewed and considered by, the City Council prior to acting on the Project.

In so certifying, the City Council recognizes that there may be differences in and among the different sources of information and opinions offered in the documents and testimony that make up the EIR and the Administrative Record; that experts disagree; and that the City Council must base its decision and these Findings on the substantial evidence in the record that it finds most compelling. Therefore, by these Findings, the City Council ratifies, clarifies, and/or makes insignificant modifications to the EIR and resolves that these Findings shall control and are determinative of the significant impacts of the Project.

The mitigation measures proposed in the EIR and further described in Section V of these Findings are adopted in these Findings, substantially in the form proposed in the EIR, with such clarifications and non-substantive modifications as the City Council has deemed appropriate to implement the mitigation measures, if any. Further, the mitigation measures adopted in these Findings are expressly incorporated into the Project.

The analysis and determinations in these Findings are to be considered as an integrated whole and, whether or not any subdivision of these Findings fails to cross-reference or incorporate by reference any other subdivision of these Findings, that any finding or determination required or permitted to be made shall be deemed made if it appears in any portion of this document. All of the text included in this document constitutes findings and determinations, whether or not any particular caption sentence or clause includes a statement to that effect. 103

Each finding in these Findings is based on the entire record. The omission of any relevant fact from the summary discussions below is not an indication that a particular finding is not based in part on the omitted fact.

Many of the mitigation measures imposed or adopted pursuant to these Findings to mitigate the environmental impacts identified in the Administrative Record may have the effect of mitigating multiple impacts (e.g., conditions imposed primarily to mitigate traffic impacts may also secondarily mitigate air quality impacts, etc.). The City Council has not attempted to exhaustively cross-reference all potential impacts mitigated by the imposition of a particular mitigation measure; however, such failure to cross-reference shall not be construed as a limitation on the potential scope or effect of any such mitigation measure.

V. Impacts, Mitigation Measures, and Findings
In conformance with CEQA Guidelines Section 15091, this section of the Findings lists each significant environmental effect of the Project identified in the EIR; describes those mitigation measures recommended in the EIR; and, as required by Section 15091(a), finds that either: (i) the adopted mitigation measures have substantially lessened the significant effect; (ii) the adopted mitigation measures, though implemented, do not substantially lessen the significant effect; (iii) the mitigation measures cannot be adopted and implemented because they are the responsibility of another public agency; or (iv) that specific considerations make mitigation measures infeasible.

Issues With No Impact Or Less Than Significant Impacts
The Initial Study/Notice of Preparation determined that, with the exception of Historic Resources, the following environmental categories do not have the potential to be significantly impacted by the proposed 80-803 Belmont Avenue project. Environmental categories under which there would be no impacts or less than significant impacts include the following:
• Aesthetics
• Agriculture and Forest Resources
• Air Quality
• Biological Resources
• Hazards and Hazardous Materials
• Hydrology and Water Quality
• Energy
• Land Use and Planning
• Mineral Resources
• Population and Housing
• Public Services
• Recreation
• Utilities and Service Systems
All feasible mitigation measures listed below have been incorporated into the MMRP, further described in Section IX of these Findings. Any future projects approved or constructed pursuant to the Project will incorporate all conditions contained in the MMRP. 104

Unless otherwise noted, all page numbers shown below refer to the Draft EIR as modified by the Final EIR.
a.) Cultural Resources
i. Impact 4.1-1: The proposed project would adversely impact the integrity of an individual historic resource. This would be a significant and unavoidable impact. (1) Significant Environmental Effect. This impact is further described beginning on page 4-17 of the Draft. EIR. The proposed project would demolish a structure that is individually eligible for listing on a historic register. (2) Mitigation Measures. The following mitigation measures as discussed in the Draft EIR at pages 4-22 and 23 are hereby adopted and shall be implemented as provided in the Mitigation and Monitoring Reporting Program:

Mitigation Measure CUL-4.1-1a: Prior to issuance of any grading, demolition, or building permits or any other approval that would allow disturbance of the Project site, the Project applicant shall prepare and submit, to the satisfaction of the Director of Community Development, or Director’s designee, evidence that the following actions have been satisfied.

The applicant or successor shall prepare a Historic American Building Survey ("HABS") Level II documentation of the ca. 1952 Bel-Mateo Motel, the two ca. 1952 signs (Sign 1 and Sign 2 as described in the Historic Resource Evaluation), and the associated landscape as follows:
a. Drawings: select existing drawings, where available, should be photographed with large-format negatives or photographically reproduced on Mylar of the site plan and floor plans for the motel. b. Photographs: Digital photographic documentation of the interior, exterior, and setting of the buildings in compliance with the National Register Photo Policy Fact Sheet. Photos must have a permanency rating of approximately 75 years.
c. Written data: HABS written documentation in short form An architectural historian meeting the Secretary of the Interior’s Professional Qualification Standards shall oversee the preparation of the sketch plans, photographs and written data. The required documentation shall be filed with the Northwest Information Center at Sonoma State University, the repository for the California Historical Resources Information System. All documentation shall be submitted on archival paper and must first be reviewed and approved by the Director of Community Development, or Director’s Designee.

Additional copies shall be made available to other local research institutions, as requested, and a copy with the City’s Planning Division.

Mitigation Measure CUL-4.1-1b: Prior to issuance of any grading, demolition, or building permits or any other approval that would allow disturbance of the 105

Project site, the Project applicant shall conduct and prepare 3D laser scanning, providing digital documentation of the resource by a qualified professional.

This documentation shall be donated to the Belmont Historical Society and the City of Belmont Community Development Department.

Mitigation Measure CUL-4.1-1c: Prior to issuance of any grading, demolition, or building permits or any other approval that would allow disturbance of the Project site, the project applicant shall donate the ca. 1952 signs to the Belmont Historical Society. Following completion of the action, the Project applicant shall submit a memo report documenting the donation to the Director of Community Development or Director’s designee.
(3) Finding. Mitigation Measures CUL-4.1-1a through CUL-4.1.c have been identified that lessen the significant environmental effects. Per California Code of Regulations Title 14, Section 15126.4(b), the demolition or destruction of an eligible historical resource cannot typically be fully mitigated. As such, the proposed demolition of an eligible historic, even with the proposed mitigation, would be considerable and impacts would be significant and unavoidable. b) Noise
i. Impact 5.13-1: Construction noise levels would typically range from 70 to 81 dBA Leq at commercial uses to the north, from 68 to 79 dBA Leq at commercial uses to the south, from 63 to 74 dBA Leq at residences to the southwest, and from 61 to 72 dBA Leq at residences to the south. These levels would exceed the ambient noise environment by 5 dBA Leq or more at various times throughout construction for a period of over one year. This would be a significant impact without mitigation.
(1) Significant Environmental Effect. This impact is further described beginning on page 74 of Appendix B of the Draft EIR. The proposed project would exceed ambient noise levels by 5 dBA Leq for over one year during construction.
(2) Mitigation Measure. The following mitigation measure as discussed in Appendix B of the Draft EIR at pages 74 and 74 is hereby adopted and shall be implemented as provided in the Mitigation and Monitoring Reporting Program:

Mitigation Measure NOI-5.13-1: Prior to the issuance of any grading or demolition permits, the project applicant shall submit and implement a construction noise logistics plan that specifies hours of construction, noise and vibration minimization measures, posting and notification of construction schedules, equipment to be used, and designation of a noise disturbance coordinator. The noise disturbance coordinator shall respond to neighborhood complaints and shall be in place prior to the start of 106

construction and implemented during construction to reduce noise impacts on neighboring residents and other uses. The noise logistic plan shall be submitted to the Director of Community Development or Director’s designee prior to the issuance of any grading or demolition permits. As a part of the noise logistic plan and project, construction activities for the proposed project shall include, but is not limited to, the following best management practices:
• Pursuant to the Municipal Code, restrict noise-generating construction activities to the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday and 10:00 a.m. to 5:00 p.m. on Saturdays.

No construction activity or related activities shall be allowed outside of the aforementioned hours or on Sundays and Holidays. • Construct temporary noise barriers, where feasible, to screen mobile and stationary construction equipment. Temporary noise barrier fences would provide noise reduction if the noise barrier interrupts the line-of-sight between the noise source and receiver and if the barrier is constructed in a manner that eliminates any cracks or gaps. • All gasoline-powered construction equipment shall be equipped with an operating muffler or baffling system as originally provided by the manufacturer, and no modification to these systems is permitted.
• Unnecessary idling of internal combustion engines should be strictly prohibited.
• Locate stationary noise-generating equipment, such as air compressors or portable power generators, as far as possible from sensitive receptors as feasible. If they must be located near receptors, adequate muffling (with enclosures where feasible and appropriate) shall be used to reduce noise levels at the adjacent sensitive receptors. Any enclosure openings or venting shall face away from sensitive receptors.
• Utilize “quiet” air compressors and other stationary noise sources where technology exists.
• Construction staging areas shall be established at locations that will create the greatest distance between the construction-related noise sources and noise- sensitive receptors nearest the project site during all project construction.
• A temporary noise control blanket barrier could be erected, if necessary, along building facades facing construction sites. This mitigation would only be necessary if conflicts occurred which were irresolvable by proper scheduling.
• Locate material stockpiles, as well as maintenance/equipment staging and parking areas, as far as feasible from residential receptors.
• Control noise from construction workers’ radios to a point where they are not audible at existing residences bordering the project site. 107

• The contractor shall prepare a detailed construction schedule for major noise- generating construction activities. The construction plan shall identify a procedure for coordination with adjacent residential land uses so that construction activities can be scheduled to minimize noise disturbance.
• Designate a "disturbance coordinator" who would be responsible for responding to any complaints about construction noise. The disturbance coordinator will determine the cause of the noise complaint (e.g., bad muffler, etc.) and will require that reasonable measures be implemented to correct the problem. Conspicuously post a telephone number for the disturbance coordinator at the construction site and include in it the notice sent to neighbors regarding the construction schedule.
(3) Finding. Implementation of Mitigation Measure NOI-1 would reduce construction noise levels during construction by five to 10 dBA. These mitigated construction noise levels would not exceed the ambient noise environment by more than five (5) dBA Leq. With the implementation of these controls, as well as the Municipal Code limits on allowable construction hours impacts would be reduced to less than significant with mitigation.
c) Transportation
i. Impact 5.17-1: The proposed would result in a traffic hazard because of an additional 16.6-second control delay to the intersection of Belmont Avenue and El Camino Real.
(1) Significant Environmental Effect. This impact is further described beginning on page 91 of Appendix B of the Draft EIR. The proposed project would result in a delay that may adversely impact traffic safety due to cars waiting for turning movements. Although the project only adds two (2) vehicle trips to the left-turn movement and four (4) vehicle trips to the rightturn movement on the minor approach, the control delay on this approach would increase because of the limited acceptable gaps caused by traffic on the major approach.
(2) Mitigation Measure. The following mitigation measure as discussed in Appendix B of the Draft EIR at page 91 is hereby adopted and shall be implemented as provided in the Mitigation and Monitoring Reporting Program:

Mitigation Measure TRAN-5.17-1: Prior to issuance of building permit, the project proponent shall provide evidence of an encroachment permit from the California Department of Transportation for the installation of a raised median at the El Camino Real/Belmont Avenue intersection. Improvement 108

plans shall demonstrate to the satisfaction of Belmont Public Works and Planning Departments that left-turn movement on the eastbound approach at the intersection of El Camino Real/Belmont Avenue are restricted through the installation of a raised median to prohibit eastbound to northbound left-turns from Belmont Avenue and installation of the “No Left Turn,” or “Right Only” signage on the project site at the intersection of El Camino Real and Belmont Avenue to the satisfaction of Belmont Public Works and Planning Departments.
(3) Finding. Installing a raised median to prohibit left turn movements from Belmont Avenue to El Camino Real would reduce conflicting traffic patterns. Eliminating the conflicting traffic pattern would in turn reduce delays thereby increasing safety at the intersection. Accordingly, with implementation of the mitigation measure, impacts are less than significant.
d) Tribal
i. Impact 5.18-1: The proposed project would result in an impact in listed or eligible for listing the California Register of Historic Resources or in a local register of historical resources as defined in Public Resources Code section 5020.1(k)
(1) Significant Environmental Effect. This impact is further described beginning on page 94 of Appendix B of the Draft EIR. The proposed project would result in an impact in listed or eligible for listing the California Register of Historic Resources or in a local register of historical resources as defined in Public Resources Code section 5020.1(k).
(2) Mitigation Measure. The following mitigation measure as discussed in Appendix B of the Draft EIR at pages 94 and 95 is hereby adopted and shall be implemented as provided in the Mitigation and Monitoring Reporting Program:

Mitigation Measure Tribal-5.18-1: Prior to issuance of grading permit, the project proponent shall take boring samples of soil to examine for tribal or archaeological resources to qualified archaeological or tribal professional for examination. Results of the sample shall be provided to the City. If samples are determined to have eligible resources, the applicant shall employ a qualified tribal monitor that is traditionally and culturally affiliated with the geographic area as described in Public Resources Code section 21080.3 to monitor the site during grading activities. (3) Finding. A traditionally and culturally affiliated tribal monitor would reduce impacts to known and unknow tribal resources to a less than significant level.
109

VI. Summary of Unavoidable Significant Adverse Effects
The following significant adverse effects of the Project with respect to Cultural Resources are found to be unavoidable despite the adoption by the City Council of all feasible mitigation measures identified in the Final EIR:
• The project would result in the demolition of an individually eligible historic resource.

VII. Project Alternatives
Section 15126.6(f) of the CEQA Guidelines requires that an EIR include a "reasonable range of alternatives to the project, or to the location of the project, which would avoid or substantially lessen any significant effects of the project." Based on the analysis in the EIR, the Project would be expected to result in significant and unavoidable impacts to Cultural Resources. The EIR alternatives were designed to avoid or reduce these significant unavoidable impacts, and to further reduce impacts that were found to be less than significant.

Three alternatives were analyzed in the EIR, each of which are summarized below and described in more detail in Chapter 6 of the Draft EIR.

The City Council has reviewed the significant impacts associated with the reasonable range of alternatives as compared to the Project, and in evaluating the alternatives has also considered each alternative's feasibility, taking into account a range of economic, environmental, social, legal, and other factors. In evaluating the alternatives, the City Council has also considered the important factors listed in the Statement of Overriding Considerations listed in Section VIII of these Findings, below.

The EIR identified the following alternatives:
• Alternative No. 1: No Project Alternative
CEQA Guidelines section 15126.6 (e) requires the “No Project” alternative be evaluated along with its impacts.

Finding: Implementation of the “No Project Alternative” would not meet the Project Objectives. Under the “No Project Alternative” the motel would remain on the site, requiring continued maintenance and upkeep and may ultimately deteriorate. The “No Project Alternative” would also not meet the City’s Objective of establishing a 100% affordable multi-family project on the site that meets the City’s standards for a highquality design and use consistent with the General Plan and Municipal Code.

Under the “No Project Alternative” reasonably foreseeable future condition, the Bel Mateo Motel would remain as is. Under the No Project Alternative, the motel may deteriorate, losing its potential historic significance. The No Project Alternative, like the proposed project would ultimately result in the loss of an eligible structure. 110

• Alternative 2: Full Preservation in Place
To fully preserve the historic resources in place, the project would have to be reduced in size.

Finding: To reduce the project in size such that it would preserve the existing Bel Mateo Motel would render the proposed project infeasible. The undeveloped parcel fronting El Camino Real (APN No. 044172200) is approximately 0.22 acres in size and would constitute the remaining gross developable area for the full preservation alternative.

When considering setbacks, access, and open space requirements for the project, the approximately 0.22-acre parcel would be too small to accommodate a multi-family development. Further, consideration was afforded to conversion of the 19-room motel to a residential use. A one-story addition on the 0.22-acre parcel, horizontal expansions in areas level or graded areas that could accommodate these additions, and alterations adapt the hotel to a residential use while preserving the motel consistent with the Secretary of Interior Standards could afford the construction of residential units on the site. However, given the scale of the existing hotel, site topography, and development standards, preservation in place would not achieve project objectives. • Alternative 3: Relocation Alternative
Under this alternative, the project would relocate the motel and signage from the project site to a single receiver site that would maintain their historic character. Following relocation of the structures to a receiver site, the Project site would be developed with the same development as the proposed Project. As such, all impacts of the project, apart from the impact to a historical resource, would be the same as the project.

Finding. Potential receiver sites were considered with the following criteria: (1) undeveloped property located along El Camino Real or a freeway to retain the autooriented nature of the motel in the City of Belmont; and (2) the receiver parcel would have to be large enough to accommodate the motel in a placement that would allow for the retention of orientation, setbacks, and historic characteristics of the motel.

Accordingly, a receiver site would have to be approximately one-acre in size. Parcels that fit these criteria were not identified. Further, the relocation of the motel would be cost prohibitive because acquiring the property and relocating the motel would exceed the cost of the project. As such, this alternative would be economically infeasible.

VIII. Statement of Overriding Considerations
The City Council has carefully balanced the benefits of the Project against any adverse impacts identified in the EIR that could not be feasibly mitigated to a less than significant level.

Notwithstanding the identification and analysis of impacts that are identified in the EIR as being significant and which have not been eliminated, lessened or mitigated to a level of insignificance, the City Council, acting pursuant to CEQA Guidelines Section 15092 and 15093, hereby determines that remaining significant effects on the environment found to be unavoidable in Section VI above, are acceptable due to overriding concerns described below. Specifically, the benefits of the Project outweigh the unmitigated adverse impacts and the Project should be approved.
111

Based on the objectives identified in the proposed Project, and through public participation, the City Council has determined that the Project should be approved, and any remaining unmitigated environmental impacts attributable to the Project are outweighed by the following specific environmental, economic, fiscal, social, housing and other overriding considerations, each one being a separate and independent basis upon which to approve the Project. Substantial evidence in the record demonstrates the City would derive the following benefits from adoption and implementation of the Project:
• The project would enhance an undeveloped property along El Camino Real while mitigating all other environmental impacts to less than significant levels throughout project construction and operation. This development would enhance the visual appearance of the property without inflicting economic hardship. • The project would locate 125 residential units between existing commercial and professional uses, which would enhance the economic vitality and tax revenue from these businesses.
• The project establishes 125 units at the low-income and below level in the City, thereby meeting the City’s regional housing needs.
• The project enhances infrastructure in the vicinity of the site through installation of storm drain lines, sewer upgrades, and pedestrian improvements to Belmont Avenue.

Based on the detailed findings made above, the City Council hereby finds that economic and social considerations outweigh the remaining environmental effects of approval and implementation of the Project, and the City Council hereby concludes that the Project should be approved.

IX. Mitigation Monitoring and Reporting Program
The MMRP sets forth specific monitoring actions, timing requirements and monitoring/verification entities for each mitigation measure adopted in these Findings, in compliance with Public Resources Code Section 21081.6(a)(1) and CEQA Guidelines Section 15097. The City Council hereby adopts the MMRP and determines that compliance with the MMRP is a condition of approval of the Project.

X. Filing Notice of Determination
The City Council hereby directs the Planning Division to file a Notice of Determination regarding the approval of the Project within five (5) business days of adoption of this resolution.

XI. Severability
If any term, provision, or portion of these Findings or the application of these Findings to a particular situation is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of these Findings, or their application to other actions related to the project, shall continue in full force and effect unless amended or modified by the City. 112

XII. Incorporation by Reference
These findings incorporate the text of the EIR for the project, including the MMRP, City staff reports relating to the project and other documents relating to public hearings on the project, by reference, in their entirety. Without limitation, this incorporation is intended to elaborate on the scope and nature of mitigation measures, project and cumulative impacts, the basis for determining the significance of impacts, the comparison of the alternatives to the project, the determination of the environmentally superior alternative, and the reasons for approving the project. 113

EXHIBIT B MMRP
800-803 BELMONT AVENUE RESIDENTIAL PROJECT

MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure

METHOD OF

VERIFICATION

TIMING OF

VERIFICATION

RESPONSIBLE
PARTY

COMPLETION OF

IMPLEMENTATION

DATE INITIAL

CULTURAL RESOURCES
MM 4.1-1a: Prior to issuance of any grading, demolition, or building permits or any other approval that would allow disturbance of the Project site, the Project applicant shall prepare and submit, to the satisfaction of the Director of Community Development, or Director’s designee,
evidence that the following actions have been satisfied. a. The applicant or successor shall prepare a
Historic American Building Survey ("HABS")
Level II documentation of the ca. 1952 BelMateo Motel, the two ca. 1952 signs (Sign 1 and Sign 2 as described in the Historic Resource
Evaluation), and the associated landscape as
follows:

1. Drawings: select existing drawings,
where available, should be
photographed with large-format
negatives or photographically
reproduced on Mylar of the site plan
and floor plans for the motel.

Proof of completion to
be provided to
Community
Development
Department, Planning
Division
Prior to any grading,
demolition, or
building permits or
any other approval
Applicant
Community
Development
Department,
Planning Division
114

800-803 BELMONT AVENUE RESIDENTIAL PROJECT

MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure

METHOD OF

VERIFICATION

TIMING OF

VERIFICATION

RESPONSIBLE
PARTY

COMPLETION OF

IMPLEMENTATION

DATE INITIAL

2. Photographs: Digital photographic
documentation of the interior, exterior,
and setting of the buildings in
compliance with the National Register
Photo Policy Fact Sheet. Photos must
have a permanency rating of
approximately 75 years.

3. Written data: HABS written
documentation in short form
An architectural historian meeting the Secretary of the Interior’s Professional Qualification Standards shall
oversee the preparation of the sketch plans, photographs and written data. The required documentation shall be
filed with the Northwest Information Center at Sonoma
State University, the repository for the California
Historical Resources Information System. All
documentation shall be submitted on archival paper and
must first be reviewed and approved by the Director of
Community Development, or Director’s Designee.

Additional copies shall be made available to other local research institutions, as requested, and a copy with the City’s Planning Division.

MM 4.1-1b: Prior to issuance of any grading, demolition, Review and approval by Prior to any grading, Applicant 115

800-803 BELMONT AVENUE RESIDENTIAL PROJECT

MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure

METHOD OF

VERIFICATION

TIMING OF

VERIFICATION

RESPONSIBLE
PARTY

COMPLETION OF

IMPLEMENTATION

DATE INITIAL
or building permits or any other approval that would allow disturbance of the Project site, the Project applicant shall conduct and prepare 3D laser scanning, providing digital documentation of the resource by a qualified professional.

This documentation shall be donated to the Belmont
Historical Society and the City of Belmont Community
Development Department.

Community
Development
Department, Planning
Division
demolition, or
building permits or
any other approval
Community
Development
Department,
Planning Division
MM 4.1-1c: Prior to issuance of any grading, demolition, or building permits or any other approval that would allow disturbance of the Project site, the project applicant shall donate the ca. 1952 signs to the Belmont Historical
Society. Following completion of the action, the Project applicant shall submit a memo report documenting the
donation to the Director of Community Development or
Director’s designee.

Review and approval by
Community
Development
Department, Planning
Division
Prior to any grading,
demolition, or
building permits or
any other approval
Applicant
Community
Development
Department,
Planning Division
Noise
MM 5.13-1: Prior to the issuance of any grading or
demolition permits, the project applicant shall submit and implement a construction noise logistics plan thatspecifies hours of construction, noise and vibration minimization measures, posting and notification of construction
schedules, equipment to be used, and designation of a
Review and approval by
Community
Development
Department, Planning
Division
Prior to any grading,
demolition, or
building permits or
any other approval
Community
Development
Department,
Planning Division
116

800-803 BELMONT AVENUE RESIDENTIAL PROJECT

MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure

METHOD OF

VERIFICATION

TIMING OF

VERIFICATION

RESPONSIBLE
PARTY

COMPLETION OF

IMPLEMENTATION

DATE INITIAL
noise disturbance coordinator. The noise disturbance
coordinator shall respond to neighborhood complaints
and shall be in place prior to the start of construction and implemented during construction to reduce noise impacts on neighboring residents and other uses. The noise logistic plan shall be submitted to the Director of Community
Development or Director’s designee prior to the issuance of any grading or demolition permits. As a part of the
noise logistic plan and project, construction activities for the proposed project shall include, but is not limited to, the following best management practices:
• Pursuant to the Municipal Code, restrict noisegenerating construction activities to the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday and
10:00 a.m. to 5:00 p.m. on Saturdays. No
construction activity or related activities shall be
allowed outside of the aforementioned hours or on
Sundays and Holidays.
• Construct temporary noise barriers, where feasible,
to screen mobile and stationary construction
equipment. Temporary noise barrier fences would
provide noise reduction if the noise barrier interrupts the line-of-sight between the noise source and
117

800-803 BELMONT AVENUE RESIDENTIAL PROJECT

MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure

METHOD OF

VERIFICATION

TIMING OF

VERIFICATION

RESPONSIBLE
PARTY

COMPLETION OF

IMPLEMENTATION

DATE INITIAL
receiver and if the barrier is constructed in a manner
that eliminates any cracks or gaps.
• All gasoline-powered construction equipment shall
be equipped with an operating muffler or baffling
system as originally provided by the manufacturer,
and no modification to these systems is permitted.
• Unnecessary idling of internal combustion engines
should be strictly prohibited.
• Locate stationary noise-generating equipment, such
as air compressors or portable power generators, as
far as possible from sensitive receptors as feasible.

If they must be located near receptors, adequate
muffling (with enclosures where feasible and
appropriate) shall be used to reduce noise levels at
the adjacent sensitive receptors. Any enclosure
openings or venting shall face away from sensitive
receptors.
• Utilize “quiet” air compressors and other stationary
noise sources where technology exists.
• Construction staging areas shall be established at
locations that will create the greatest distance
between the construction-related noise sources and
noise- sensitive receptors nearest the project site
118

800-803 BELMONT AVENUE RESIDENTIAL PROJECT

MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure

METHOD OF

VERIFICATION

TIMING OF

VERIFICATION

RESPONSIBLE
PARTY

COMPLETION OF

IMPLEMENTATION

DATE INITIAL
during all project construction.
• A temporary noise control blanket barrier could be
erected, if necessary, along building facades facing
construction sites. This mitigation would only be
necessary if conflicts occurred which were
irresolvable by proper scheduling.
• Locate material stockpiles, as well as
maintenance/equipment staging and parking areas,
as far as feasible from residential receptors.
• Control noise from construction workers’ radios to
a point where they are not audible at existing
residences bordering the project site.
• The contractor shall prepare a detailed construction
schedule for major noise- generating construction
activities. The construction plan shall identify a
procedure for coordination with adjacent residential
land uses so that construction activities can be
scheduled to minimize noise disturbance.
• Designate a "disturbance coordinator" who would
be responsible for responding to any complaints
about construction noise. The disturbance
coordinator will determine the cause of the noise
complaint (e.g., bad muffler, etc.) and will require
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800-803 BELMONT AVENUE RESIDENTIAL PROJECT

MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure

METHOD OF

VERIFICATION

TIMING OF

VERIFICATION

RESPONSIBLE
PARTY

COMPLETION OF

IMPLEMENTATION

DATE INITIAL
that reasonable measures be implemented to correct
the problem. Conspicuously post a telephone
number for the disturbance coordinator at the
construction site and include in it the notice sent to
neighbors regarding the construction schedule.

Transportation
MM 5.17-1: Prior to issuance of building permit, the
project proponent shall provide evidence of an
encroachment permit from the California Department of
Transportation for the installation of a raised median at the El Camino Real/Belmont Avenue intersection.

Improvement plans shall demonstrate that left-turn
movement on the eastbound approach at the intersection
of El Camino Real/Belmont Avenue are restricted through the installation of a raised median to prohibit eastbound to northbound left-turns from Belmont Avenue and
installation of the “No Left Turn,” or “Right Only”
signage on the project site at the intersection of El Camino Real and Belmont Avenue to the satisfaction of Belmont
Review and approval by
Community
Development
Department, Planning
Division and Caltrans
Prior to issuance of
Building Permit
Community
Development
Department,
Planning Division
120

800-803 BELMONT AVENUE RESIDENTIAL PROJECT

MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure

METHOD OF

VERIFICATION

TIMING OF

VERIFICATION

RESPONSIBLE
PARTY

COMPLETION OF

IMPLEMENTATION

DATE INITIAL
Public Works and Community Development
Departments.

Tribal
MM 5.18-1: Prior to issuance of grading permit, the
project proponent shall take boring samples of soil to
examine for tribal or archaeological resources to qualified archaeological or tribal professionals for examination.

Results of the sample shall be provided to the City. If samples are determined to have eligible resources, the
applicant shall employ a qualified tribal monitor that is traditionally and culturally affiliated with the geographic area as described in Public Resources Code section
21080.3 to monitor the site during grading activities.

Review and approval by
Community
Development
Department, Planning
Division
Prior to issuance of
grading permit
Community
Development
Department,
Planning Division
121
RESOLUTION NO. 2022

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELMONT ADOPTING A VESTING TENTATIVE MAP (VTM) FOR THE 800-803 BELMONT AVENUE RESIDENTIAL PROJECT; ASSESSOR’S PARCEL NUMBERS: 044-172-190 AND 044- 172-200 (APPL. NO. 2020-0020)
WHEREAS, ROEM Development Corporation, applicant (or designee), on behalf of the property owner, DeMartini, Lloyd J. Trust, LLC; Winfield Development LLC, requests approval of entitlements for construction of a 125 affordable unit project in a multifamily building, site improvements, and associated landscape and frontage improvements at 800-803 Belmont Avenue Assessor’s Parcel Numbers 044-172-190 and 044-172-200; and, WHEREAS, the City Council of the City of Belmont finds the project is subject to environmental review under provisions of the California Environmental Quality Act (CEQA); and, WHEREAS, the City Council considered the potential environmental impacts of the project, and in a separate action, certified a Final Environmental Impact Report prepared for the project; and,
WHEREAS, on April 19, 2022, the Planning Commission, following notification in the prescribed manner, conducted a public hearing at which hearing the Commission considered the Project, received public testimony and evidence, and adopted a resolution recommending approval of the Vesting Tentative Map; and,
WHEREAS, on May 10, 2022, the City Council, following notification in the prescribed manner, conducted a public hearing, at which hearing the City Council considered public testimony, the Planning Commission recommendation, and a staff report on the requested project entitlements.

NOW, THEREFORE, the City Council of the City of Belmont resolves as follows:

SECTION 1. FINDINGS
The City Council after reviewing all the relevant evidence before the City Council, including the information provided in the staff report and enclosures to the City Council, the public meeting, public correspondence and testimony received, the City Council incorporates herein by reference and adopts the analysis and findings in the staff report to the City Council dated May 10, 2022; and,
The City Council determined that none of the findings in Section 11.4 (A-G) of the Subdivision Ordinance can be made in the affirmative, requiring denial of the proposed Vesting Tentative Map (VTM):
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Vesting Tentative Map
A. The proposed map is not consistent with the applicable general and specific plans.

The project is in compliance with the Corridor Mixed Use General Plan designation for the site as demonstrated in Attachment 8. The proposed project consisting of 125 residential units is consistent with the land use designation which is intended to provide community and visitorserving retail and services, lodging, office, and high density residential in a horizontal and/or vertical mixed-use setting. The project is consistent with this objective because it provides a mixture of housing types ranging from one- to three-bedroom apartment units in a high density vertically oriented residential development.

B. The design or improvement of the proposed subdivision is not consistent with applicable general and specific plans.

The project would be consistent with all applicable General Plan infrastructure, streetscape, and development goals and policies. The project site fronts upon a fully improved roadway with access to all required utilities. All new service lines and utilities serving the project would be provided underground. In addition, street frontage and streetscape improvements would be made in accordance with all General Plan policies that encourage providing for complete streets improvements (i.e., sidewalks, curb enhancements etc.). As conditioned, the applicant will complete all public improvements to the City’s satisfaction prior to the issuance of occupancy.

Therefore, the design or improvement of the proposed subdivision is not inconsistent with applicable infrastructure goals and policies of the General Plan.

C. The site is not physically suitable for the type of development.

The project site fronts upon a fully improved roadway with access to all required utilities, and is within walking distance of major public transit, offices, and commercial uses. The site contains moderate to steep slopes within the rear portion of the property. Total grading required to construct the proposed residential building and other associated improvements is not excessive in consideration of the site conditions. The project site has received conditional geotechnical clearance, and contains no environmental constraints with the exception of the 25 trees that would be removed, to make it suitable for residential development.

In addition, the site and adjacent public right-of-way would be of sufficient size to accommodate all required frontage and streetscape improvements. The project site is not in a seismically active region, and a geotechnical investigation has been submitted that evaluates the geotechnical feasibility of the project. The City’s geotechnical consultant has peer reviewed the geotechnical investigation and found that it adequately addresses the conditions on the site. Finally, the TM will be required to comply with all Conditions of Approval, and mitigation measures outlined in the General Plan EIR, Project EIR, and the applicant’s geotechnical report. Thus, the site is physically suitable for the type of development.
123

D. The site is not physically suitable for the proposed density of the development.

The project site is designated Corridor Mixed Use in the General Plan and Zoning Ordinance. The density prescribed in that zone is 45 dwelling units per acre. Consistent with the provisions of Government Code Section 65915, the applicant has requested approval of a density bonus for the project. The project qualifies for the increased density because it satisfies the provisions of Government Code Section 95615. Subject to City Council approval of the increase in dwelling units per acre per State Density Bonus Law, and in exchange for the specified community benefits, the site/project would not exceed the maximum residential density permitted under the General Plan.

E. The design of the subdivision or the proposed improvements is likely to cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat.

In accordance with the provisions of the California Environmental Quality Act (CEQA), the project would not cause environmental damage and avoid fish and wildlife and their habitat.

However, the project would cause a significant and unavoidable impact to an eligible historic resource, requiring the certification of a statement of overriding considerations for environmental clearance. All other environmental impacts are mitigated to less than significant levels. The subdivision is required to comply with all mitigations outlined in the General Plan EIR and project level EIR. The applicant’s geotechnical report, Phase I ESA, noise report, biological assessments, and traffic assessment evaluated potential adverse impacts and identified no substantial adverse impacts as part of the environmental assessment for the project.

F. The design of the subdivision or the type of improvements is likely to cause serious public health problems.

All public utilities can serve the proposed project, and the design will not cause serious public health problems. The project will be required to comply with all mitigation measures in the General Plan EIR and Project EIR as well as the conditions of project approval, and appropriate Building and Fire Codes.

G. The design of the subdivision or type of improvements will conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. In this connection, the City Council may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to one previously acquired by the public.

The proposed project is self-contained in the building to be maintained by the property owners through the enforcement of Codes, Covenants, and Restrictions (CC&R’s). The Public Works, Building and Fire Departments have reviewed and approved the subdivision, circulation, access and improvements by conditions of approval for this project. The subdivision and type of improvements do not conflict with easements. Title reports have been submitted and reviewed for all of the lots that are part of the VTM (consolidation). There are no existing easements acquired for the public at large for access through or use of property within the proposed subdivision. 124

Therefore, the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property.

SECTION 2. VESTING TENTATIVE MAP APPROVED
The City Council approves the proposed Vesting Tentative Map to consolidate two lots into one building site for the 800-803 Belmont Avenue Residential Project, as described in the City Council staff report and Attachment Q (Project Plans), dated May 10, 2022. * * *
ADOPTED May 10, 2022 by the City Council of the City of Belmont by the following vote:

Ayes:

Noes:

Absent:

Abstain:

ATTEST:
_______________________________ __________________________________________ City Clerk Mayor
APPROVED AS TO FORM:
__________________________________________
City Attorney
125
1 RESOLUTION NO. 2022

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELMONT APPROVING

A CONDITIONAL USE PERMIT, DESIGN REVIEW, GRADING PLAN, TREE PERMIT,

AFFORDABLE HOUSING PLAN, DENSITY BONUS AND HEIGHT INCREASE IN

EXCHANGE FOR SPECIFIED PUBLIC BENEFITS UNDER BELMONT ZONING ORDINANCE (BZO) SECTION 31.4.1(F), SUBJECT TO CITY COUNCIL APPROVAL OF A VESTING TENTATIVE MAP, TO ALLOW FOR CONSTRUCTION OF A 125- UNIT AFFORDABLE RESIDENTIAL PROJECT ON PROPERTY LOCATED AT 800 – 803 BELMONT AVENUE; ASSESSOR’S PARCEL NUMBERS: 044-172-190 AND 044- 172-200 (APPL. NO. 2020-0020)
WHEREAS, ROEM Development Corporation, applicant (or designee), on behalf of the property owner, DeMartini, Lloyd J. Trust, LLC; Winfield Development LLC, requests approval of entitlements for construction of a 125 affordable unit project in a multifamily building, site improvements, and associated landscape and frontage improvements at 800-803 Belmont Avenue; Assessor’s Parcel Numbers 044-172-190 and 044-172-200; and, WHEREAS, on May 10, 2022, the City Council, following notification in the prescribed manner, conducted a public hearing, at which hearing the Commission considered public testimony and a staff report on the aforementioned requested entitlements; and, WHEREAS, the City Council of the City of Belmont finds the project is subject to environmental review under provisions of the California Environmental Quality Act (CEQA); and, WHEREAS, the City Council of the City of Belmont considered the potential environmental impacts of the project, and in a separate action, certified a Final Environmental Impact Report prepared for the project; and,
WHEREAS, the project includes a request for a density bonus and additional height pursuant California Government Code Sections 65915 – 65918; and, WHEREAS, the project satisfies the requirements of Government Code Section 65915 for the provision of affordable housing and additional height; and, WHEREAS, the City Council hereby adopts the staff report dated May 10, 2022, and the facts contained therein as its own findings of facts; and, WHEREAS, on April 19, 2022, the Planning Commission following notification in the prescribed manner, conducted a public hearing at which hearing the Commission considered the Project, received public testimony and evidence, and adopted a resolution recommending City Council approve the requested Design Review, Conditional Use Permit, Grading Permit, Tree Removal Permit, Affordable Housing Plan, and Density Bonus and Height Increase subject to specific community benefits; and,
126
2 WHEREAS, the City Council did hear and use their independent judgment and considered all said reports, recommendations, and testimony herein above set forth.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Belmont approves the project Conditional Use Permit, Design Review, Grading Permit, Tree Permit, Affordable Housing Plan, Density Bonus and Height Increase subject to specific community benefits, findings below and the City Council’s approval of the Tentative Map, and the conditions of approval contained in Attachment E, attached hereto.

DESIGN REVIEW
The City Council has considered the request for a Design Review Permit for the proposed project and finds that it meets required findings as set forth in Section 13.5.2 of the Zoning Ordinance as follows:
a) City staff and consultants have provided technical review and conditions of approval are included, as applicable, regarding project-related traffic, parking, grading, drainage, stormwater runoff, sanitary sewer impacts, vehicular and pedestrian access, site circulation, site stability, structural encroachments, and construction impacts.

The project has been subject to technical review related to grading, storm water runoff, drainage, sanitary sewer impacts, transportation and traffic impacts including vehicular and pedestrian access, site circulation, and geotechnical analysis. Conditions of approval are included for the provision of sewer connection fees, and fair share costs for sewer impacts on the pump station. The project has been peer reviewed by geotechnical consultants and conditions of approval are included for final geotechnical clearance prior to issuance of building permit. The project is exempt from the City’s VMT and has satisfied provisions for exemption from the City’s TDM program because it is a 100 percent affordable housing project along high-quality transit within one-half mile of Belmont Caltrain. The project is also conditioned to pay traffic impact fees. Accordingly, this finding is affirmed. b) The project is consistent with the landscape standards under Sections 13.3.1 as applicable.

As identified in Table 2 of Attachment 9, the proposed project is consistent with Section 13.3.1 of the Belmont Zoning Ordinance. The project satisfies the City’s requirements for landscape area, tree planting, compliance with the City’s Water Efficient Landscape Ordinance, and planting requirements. The project exceeds the site landscaping requirements by landscaping 35 percent of the site, including 60 trees where 58 are required, and uses California native, non-invasive, drought tolerant, and deer resistant plantings. This finding is affirmed. c) The project is consistent with the development standards in the underlying zoning district.

As identified in Table 1 of Attachment 9, the project is consistent with the development standards of the Corridor Mixed-Use zoning district, as conditioned and pursuant to State Density Bonus Law and with community benefits. The project meets setback requirements, transitional yard setbacks, ground floor height requirements, and outdoor living requirements. 127
3 The height of the project is consistent with the height permitted under California Density Bonus Law. Further, with the provision of 100 percent affordable housing at the low-income level the project is consistent with density requirements pursuant to State Density Bonus Law with the provision of the community benefit of a 100 percent affordable housing project. This finding is affirmed.
d) The project is consistent with the objective design standards in Section 13.6 as applicable.

As shown in Table 5 in Attachment 9, the project is consistent with the Objective Design Standards of BZO Section 13.6, as conditioned. The project applies a consistent design theme to all elevations, and uses materials consistently across all of the units. The project includes building articulation, use of materials, window surrounds, roof articulation, trash enclosures, and building colors consistent with the Objective Design Standards in BZO Section 13.6. This finding is affirmed.

CONDITIONAL USE PERMIT
The City Council has considered the applicant’s request for a Conditional Use Permit required to allow for residential uses on the ground floor of the project and finds that it meets required findings as set forth in Section 10.7.3 of the Belmont Zoning Ordinance, as follows:
1) The location of the proposed use is compatible to other land uses in the general neighborhood and does not place an undue burden on existing transportation, utilities and services in the vicinity.

Land Use Compatibility
The project site is adjacent to commercial uses to the west and south and multi-family uses located to the south as well. Key considerations for review of land use compatibility with these surrounding land uses include operation of the project with respect to significant adverse and/or unusual noise and vibration, odors, light/glare, use of hazardous materials, conflicts related to project pedestrian/vehicle circulation, parking and traffic, and incompatibility of project aesthetics.

Noise & Vibration
The Project would not include the use of heavy equipment after construction of the residential building and, thus there would be no operational vibration impacts. Further, environmental review concluded that noise from construction would be mitigated to less than significant levels on adjacent properties during construction. Operational use would result in noise from vehicles arriving and departing the project site, trash pickup, and occasional gatherings in the open space areas serving the project site, and the entry colonnade to the building along El Camino Real; however, there is no plan to have amplified music in these open space areas, and the operational noise for residential development would not be expected to exceed noise ordinance standards. Further, the project is located along a high-quality transit corridor with access to multiple bus and train routes. This access would minimize automobile trips and noise generated from those trips. Therefore, operational noise from the residential use would be similar to existing uses and would not adversely affect the public health and general welfare. 128
4 Odors
The project would remove waste (trash, compost and recycling) on a regular schedule in accordance with the specifications of the waste hauler, and the trash area would be enclosed and covered, located in the courtyard of the project. As such, no adverse odors are expected from the operation of the project.

Light & Glare
A condition of project approval would require that exterior lighting conform to the requirements of BZO Section 2.72.1, which requires full cutoff lighting fixtures meeting adopted criteria of the Illuminating Society of North America (i.e., exterior lighting that would be downcast to prevent light spill to adjacent properties). Further, the project employs nonreflective surfaces in the form of stucco siding, stone veneer, and pre-cast concrete which reduces the likelihood of glare from reflections. Thus, as proposed and conditioned, the project would not result in any significant adverse light or glare impacts.

Hazardous Materials
No storage or transport of toxic, explosive or other hazardous materials is proposed for the project. Residential uses typically do not lend themselves to environmental hazards associated with transport, upset or emissions of hazardous materials or wastes. Hazardous materials impacts are largely associated with industrial, heavy commercial and some light commercial land uses.

Pedestrian & Vehicle Circulation
Vehicular and pedestrian access to the site would be provided from surrounding streets and sidewalks; access to the internal garage, encompassed by the building, is from Belmont Avenue. While Belmont Avenue is a private street, the project proponent has received consenting letters from neighboring property owners for access to the site. The project would include a decorative concrete walkway across Belmont Avenue at El Camino Real, consistent with Caltrans standards, removal and replacement of the curb, gutter, and sidewalk along El Camino Real, and installation of a five-foot (5’) wide sidewalk along Belmont Avenue. Direct pedestrian access from El Camino Real and Belmont Avenue to the building is facilitated from these connections.

A transportation impact study was submitted for the project and peer reviewed by a consultant working for the City, in consultation with the Department of Public Works. The peer review confirmed the conclusions of the transportation assessment that the transportation and traffic impacts would be less than significant with mitigation for safety through the installation of an island in El Camino Real to restrict left turn’s out of the facility. Pedestrian and vehicle incompatibilities would be minimized as a result of the separation between pedestrian access to the building located along El Camino Real and at Belmont Avenue close to El Camino Real, and vehicle access to the building at the rear of the site. Further, vehicle circulation would not place undue burden on vehicle circulation onsite because of the project’s consistency with site circulation provisions in the Belmont Zoning Ordinance. 129
5 Parking
The applicant would provide 152 vehicle spaces within a parking garage where a total of 63 parking spaces would be required for the project. The project includes an excess of Class 1 bicycle parking, and a vehicle loading space, satisfying the requirements of the Belmont Zoning Ordinance. The project also satisfies the requirements of the Belmont Zoning Ordinance for electric vehicle, accessible parking, and parking layout and dimensional requirements. Thus, adequate on-site parking would be provided for the project.

Traffic
The transportation impact study includes an evaluation of potential traffic impacts, which are based upon CEQA significance criteria (what constitutes a significant traffic impact). Senate Bill 743 required changes to how the significance of transportation impacts are determined under CEQA, specifying that Vehicle Miles Traveled (VMT) is the most appropriate metric to evaluate a project’s transportation impacts. Thus, the CEQA Guidelines no longer include automobile delay, as measured by “level of service” (LOS) and other similar metrics, as significant impact criteria for evaluation of environmental impacts under CEQA.

The Technical Advisory on Evaluating Transportation Impacts in CEQA published by the Governor’s Office of Planning and Research includes the following discussion pertaining to affordable housing project.

Less Than Significant Impact Near Transit Stations:

Proposed CEQA Guideline Section 15064.3, subdivision (b)(1), states that lead agencies generally should presume that certain projects (including residential, retail, and office projects, as well as projects that are a mix of these uses) proposed within ½ mile of an existing major transit stop or an existing stop along a high-quality transit corridor will have a less-than-significant impact on VMT.

The project would have a less than significant impact on VMT. The project satisfied the distance requirements under CEQA Guidelines Section 15064(b)(1) for proximity to high quality transit. The project is two-tenths (0.2) of a mile away from the existing high-quality transit stops for major regional transit services (SamTrans ECR, 397, and 398). Additionally, it is approximately one-half (0.5) mile from the Caltrain Belmont Station (near the intersection at El Camino Real and Middle Road). The development proposes two (2) short-term (Class 2) and 86 long term (Class 1) bicycle parking spaces to promote biking. Lastly, the project is required to pay traffic impact fees to offset less than significant traffic impacts. Compliance with regulatory provisions, being located along a high-quality transit corridor, and exceeding bicycle parking requirements indicates the project will have less than significant VMT impact.

Belmont’s TDM Program Report and Guidebook provide special considerations where TDM measures may not be required. These provisions apply to 100 percent affordable housing projects of any size, except that projects must provide on-site, secure bicycle parking at a rate 130
6 of one (1) bicycle parking spot per five (5) dwelling units, and applicants are encouraged to coordinate with Belmont City staff to include as many TDM measures as are feasible. The satisfies these requirements. The project includes safe and convenient pedestrian connections by improving the crosswalk at El Camino Real and Belmont Avenue, and includes a bicycle storage room in the building that exceeds the long-term Class 1 bicycle parking requirement by 59 spaces. Accordingly, the project satisfies the City of Belmont’s TDM Program Report and Guidebook for not requiring TDM measures.

The City adopted mitigation measures as part of the adoption of the environmental review for the updated of the General Plan (General Plan EIR). These mitigation measures require applicants to pay a proportionate share of the cost for the improvement of street intersections that are impacted by their project, and that new development and redevelopment projects construct or pay their fair share toward improvements for all travel modes. The City of Belmont collects these fees through a Traffic Impact Fee or TIF. As such, the City has conditioned the applicant to pay the fee as a condition of approval. The collection of fees in this way is consistent with the intent of the mitigation measures in the MMRP, and achieves the same purpose: a proportionate share payment towards improvements. The deposited fees would be held in an account dedicated towards improvements towards the impacted intersections. This account would be managed by the Department of Public Works. As such, subject to payment of the traffic mitigation fees, the applicant will have addressed the traffic impacts of the project.

Project Aesthetics
The basic visual character of the planning area generally consists of the residential, commercial, and office uses. Surrounding buildings are generally one to three stories in height comprised of a variety of materials like wood, stucco, and shingled exteriors and with a flat or sloping roofs. Colors are muted earth tones, comprised of light browns, beiges, and off-whites with decorative accent colors.

The proposed project would develop an underutilized portion of the property along El Camino Real. The proposed project is comprised of classical design with a front entry colonnade and symmetry along El Camino Real, while modeling the curve of Belmont Avenue as the project extends up the site. This design approach results in articulation of the façade and the roofline along the project frontages, which reduces the massing and bulk of the building. The materials used comprised of stucco, pre-cast concrete, and stone veneer are authentic with the architectural theme of the building. The colors are muted earth tones, and are consistently applied across the building. Accordingly, the project is consistent with the Objective Design Standards in the Belmont Zoning Ordinance.

The proposed street frontage and landscape plan includes sidewalks, short term bicycle parking, screening shrubs along the building frontages, open spaces, and street trees along the perimeter of the site. The proposed changes to the site and street frontages would result in a more urban appearance that would be compatible with the surrounding commercial, and office uses. Therefore, the site layout considers the location of buildings and open spaces in relation to the physical characteristics of the site, the character of the neighborhood, the appearance and harmony of the buildings with adjacent development, and the surrounding landscape. 131
7 Transportation, Utilities & Services
The proposed use will not place an undue burden on existing transportation, utilities and service facilities in the vicinity.

Transportation
No new roads would be extended to any contiguous undeveloped areas and no residents would be displaced by the project. The proposed project would not conflict with any adopted policies, plans or programs supporting alternative transportation given that the subject property is located within one half mile of public transit (there are existing bus stops on El Camino Real as well as the Belmont Caltrain station). Given the limited number of residents, the project would not be expected to overburden the local public transportation system.

As previously discussed, the Project would have impacts to the roadway system, which are fully mitigated pursuant to the technical requirements of the California Environmental Quality Act (CEQA). Further, the applicant would pay fair share costs for traffic improvements (benefiting other properties in the area), and improve pedestrian and bicycle access to the site and surrounding area.

Utilities & Service
The proposed use will not place an undue burden on existing utilities and service facilities in the vicinity. The project site is served for water supply by the Mid-Peninsula Water District (MPWD), which has provided a will serve letter for the project. The proposed design consists of one 6-inch sewer lateral that will serve the site and will connect to the existing 6-inch main in Belmont Avenue. The existing 6-inch main in Belmont Avenue will meet the City’s requirements for maximum depth of flow during the proposed conditions. Conditions of approval are included for the provision of sewer connection fees, and fair share costs for sewer impacts on the pump station. The project will not increase post-development storm drainage flows compared to pre-development amounts, and will install storm drain lines in El Camino Real. The project will not burden park and recreational facilities, as the applicant will be required to pay park impact fees. Lastly, the Project has been reviewed by all appropriate departments (Fire, Police, Public Works, Building, Parks and Recreation) to ensure that all service levels can be maintained to protect the public health, safety and welfare. Therefore, the project will not place an undue burden on utilities or services in the area. This finding is affirmed.
2) The site is of sufficient size to accommodate the proposed use together with all yards, open spaces, walls and fences, parking and loading facilities, landscaping and such other provisions required by this Ordinance.

Based on review of the submitted plans, sufficient room exists to accommodate the proposed project in conformance with all required development standards. In addition, subject to the City Council approval of an increase density in exchange for public benefits and height 132
8 consistent with California Density Bonus Law, the project would conform to mandated density and height requirements. Therefore, the subject property is of sufficient size to accommodate the Project. This finding is affirmed.
3) The site will be served by streets of capacity sufficient to carry the traffic generated by the proposed use.

A project transportation impact study has been prepared, which has been peer reviewed by a consulting Traffic Engineer working for the City, in consultation with the Department of Public Works. The transportation impact study concluded that the project would result in a less than significant impact to vehicle miles traveled and would be exempt from transportation demand management measures due to compliance with provisions in the City of Belmont’s TDM Program Report and Guidebook. The project fronts a private street along Belmont Avenue, and has obtained the necessary rights to access the property as conditioned. The project would be required to install a traffic median in El Camino Real that would eliminate left turns from Belmont Avenue as a project safety mitigation measures. Based upon the review of the project and implementation of the mitigation measures it was concluded that the site will be served by streets of capacity sufficient to carry the traffic generated by the proposed use. This finding is affirmed.
4) The proposed use, if it complies with all conditions upon which approval is made contingent, will not adversely affect other property in the vicinity or the general welfare of the City.

The conditional use permit controlling the development and continued use of the Project will require compliance with Project-specific conditions, mitigation measures, and the City’s regulations, as well as other regional, State and Federal regulations, all of which will prevent adverse effects to other property in the vicinity and protect the general welfare of the City. This finding is affirmed.

Further, the City Council has considered the applicant’s request for a Conditional Use Permit for multi-family dwellings on the ground floor, and finds that it satisfied the findings as set forth in Section 5A.1.3(m) of the Belmont Zoning Ordinance.

Pursuant to Belmont Zoning Ordinance Section 5A.1.3(m), multi-family dwellings on the ground floor are conditionally permitted, with a determination by the Planning Commission that a single use building is appropriate for the site and is setback at least 10 feet from the front and street side lot lines.

The project is setback 11 feet from Belmont Avenue and El Camino Real. This finding is affirmed.

In determining whether a single use building is appropriate for the site, the Commission shall consider whether:
1) The layout and street orientation of the project site, parking and circulation traffic pattern for the project are conducive for the operation of ground floor commercial, retail or restaurant uses.
133
9 The layout, street orientation, parking and circulation traffic patterns for the project site are not conducive to the operation of ground floor commercial, retail, or restaurant uses. Ground floor commercial, retail, or restaurant uses are associated with a high level of vehicle trips which be located an unimproved private street. Neighboring properties may restrict access to the site from this street. Installation of an entry to the site from El Camino Real, instead of Belmont Avenue, may not be feasible and may introduce traffic conflicts given intersection proximities to each other. Access to the site from El Camino Real would introduce conflicts between pedestrians and vehicles accessing the site. Therefore, the layout, orientation, parking and circulation traffic patterns are not conducive for the operation of ground floor commercial, retail, or restaurant uses. This finding is affirmed.
2) The project would be replacing an existing retail or restaurant use on site.

The project would not replace an existing retail or restaurant use on the site. The project would replace the existing Bel Mateo Motel and develop an underutilized portion of the site with residential uses available for low-income households. This finding is affirmed. 3) There are existing commercial, retail, or restaurant uses within ¼ mile of the project site that would meet the needs of the building occupants.

The Belmont Plaza Shopping Center is located tangential to the project site along El Camino Real, while restaurant and office uses are located 26 feet west of the western property line of the property along El Camino Real. These uses, as well as additional commercial, retail, and restaurant uses located along El Camino Real within ¼ mile of the project site would meet the needs of the building occupants. This finding is affirmed. 4) The project would provide 30% or more units of affordable housing.

The project provides 100% affordable housing to households at the low-income and below levels. This finding is affirmed.

GRADING PERMIT
a) The project will not endanger the stability of the site or adjacent properties, or pose a significant ground movement hazard to adjacent properties.

The City's Building Division and Public Works Department have reviewed the grading plans for the project, and have determined that the plan is in conformity with the California Building Code and the City of Belmont Grading Ordinance (Chapter 9 of the City Code). In addition, the City’s standard requirements of a subdivision and grading application require the preparation of a site-specific geotechnical investigation, independent peer review of the investigation and incorporation of the findings of the independent peer review into project design.

Atlas Consultants prepared an independent peer review of the geotechnical investigations proposed as part of the project and concurs the report prepared by Earth Systems as a 134
10 feasibility geotechnical investigation adequately identifies the geotechnical considerations guiding development of the project. Atlas Consultants adds that the project geotechnical consultant shall:

1. The geotechnical consultant should review the geotechnical aspects of the completed project civil and architectural drawings and provide a professional certification letter to the City. In addition, the consultant should review the completed structural plans and calculations for the new residential buildings for conformance to his geotechnical recommendations, provide supplemental recommendations as necessary, and also provide a professional certification letter to the City to that effect.

2. Following the approval of the project, the Geotechnical Engineer of Record (GEOR) should be retained to observe the geotechnical and foundation aspects of the construction.

The consultant’s Certified Engineering Geologist should observe rock cut excavations and shoring (if applicable) during construction to confirm that excavation and slope conditions are as anticipated per their geotechnical report. The GEOR should also observe foundation excavations and based on their observations, confirm that adequate embedment has been achieved in materials judged to be competent supporting material consistent with that anticipated from the geotechnical study. The consultant should provide written documentation in a final construction report to the City for the following activities:
a. Earthwork and excavation operations, including cut excavations and shoring, (e.g., soil nailing), subgrade preparation, earthwork construction, and site drainage and subdrainage installations, as applicable;
b. Recording of test locations and results of field and laboratory compaction tests where testing is determined to be appropriate by the project geotechnical engineer; c. Building foundations, including observation of foundation supporting materials, and confirmation of individual foundation embedment and/or supporting materials with respect to the geotechnical engineer's recommendations; and d. Site drainage, including finish grading around the new buildings and other site improvements, and discharge of collected surface and subsurface water to appropriate discharge facilities.

The project geotechnical reports and the City’s independent peer review requirements will, as a matter of City subdivision, grading and building permit procedures, be required of the project as conditions of project approval. This finding is affirmed. b) The proposed drainage improvements, landscaping, and erosion control measures would be adequate to control erosion or flooding and would not degrade riparian habitats, stream channel capacity or water quality.

The project has been reviewed and found acceptable by theCity’s Department of Public Works at this stage of the Development Review process. Detailed working drawings/improvement plans will be required to be submitted for review and approval as part of the building permit application process. The Department of Public Works has also reviewed the proposed drainage plans and facilities, and has provided conditions of approval. 135
11 In addition, the City requires the implementation of Best Management Practices (BMP’s) for new development and construction as part of its storm water management program, as levied through standard City conditions of project approval. For new development and construction projects, the City requires the implementation BMP’s to ensure the protection of water quality in storm runoff from the project site.

In brief, the measures address pollution control and management mechanisms for contractor activities, e.g. structure construction, material delivery and storage, solid waste management, employee and subcontractor training, etc. They also provide direction for the control of erosion and sedimentation as well as the establishment of monitoring programs to ensure the effectiveness of the BMP’s. The City also requires an agreement with the applicant that ensures the permanent and on-going maintenance of water quality control improvements by the applicant and/or project site owner(s).

Therefore, the proposed drainage improvements, and erosion control measures would be adequate to control erosion or flooding and would not degrade riparian habitats,stream channel capacity or water quality. This finding is affirmed.
c) The amount of grading proposed is necessary to allow reasonable use of the site.

A grading and drainage plan has been prepared by the project civil engineer, and grading estimates have been provided by the applicant for the project. Approximately 28,302 cubic yards of cut and of fill would be necessary for the construction of the project. The amount of grading proposed would allow for demolition, creating building pads, installation of required landscaping, storm water treatment measures, removal of any contaminated soils, and construction of proposed site improvements.

Lastly, the project grading and drainage plans have been reviewed by the Department of Public Works to ensure site stability, and a standard condition of project approval would require submittal of a construction management plan for review and approval by the Community Development Department in consultation with the Fire Department, Police Department, and Department of Public Works. Said plan would, at a minimum, establish a dust control and noise control coordinator, identification of a staging area on site, and approval of ahaul route.

Therefore, the amount of grading proposed is necessary to allow reasonable use of the site.

This finding is affirmed.
d) The proposed grading would result in a building site that is visually compatible with the surrounding land and accommodates any required off-street parking and wall landscaping.

The proposed grading is not excessive, and it does not appear that the project would be visually incompatible with the surrounding area, which is similarly developed with a mixture of commercial and residential uses. The grading would provide for the construction of site improvements, and off-street parking consistent with the parking requirements for this development project. This finding is affirmed.
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12 e) The proposed grading will meet the standards and specifications of Article IV of Chapter 9 in the City Code (Grading Ordinance).

Conditions of approval have been attached to the project to ensure that the final grading plan for the project will meet all of the standards contained in Article IV of Chapter 9 of the City Code (Grading Ordinance). This finding is affirmed.
f) The Director of Public Services and the applicant’s Geotechnical engineer shall find that the form of vehicular access and methods of excavation are the simplest and least intrusive possible to obtain the geologic information required by the city.

The Public Works Department has reviewed the grading plan, vehicular access, and methods of excavation and, as proposed and conditioned, found them to be adequate and complete.

Conditions of approval require the final grading and drainage plans be consistent with Public Works Department requirements for the design and construction of the site improvements.

This finding is affirmed.
g) The grading permit is conditioned on issuance of a hauling permit, if required.

A Hauling Permit is required as a condition of approval for this project. This finding is affirmed.
h) The design of the project preserves existing protected trees on the site and trees on adjoining property to the extent possible.

The project includes an arborist report which evaluated the trees located onsite, of which 25 are considered as “Protected Trees” based on the City’s Ordinance. The project proposes removing 25 protected trees as defined by Chapter 25 of the Belmont Municipal Code per the project plans and arborist report. These trees include one coast redwood and 24 eucalyptus trees. The project would retain two trees located towards the restaurant at the rear of the site.

The removal of the 25 trees is necessary to construct the project at the proposed scale. The arborist report notes that only the one redwood tree proposed for removal, located at adjacent to Belmont Avenue, near the Vans Restaurant is in good condition. All other trees are in fair to poor condition. Most of the eucalyptus trees proposed to be removed are located offsite. The project owner has obtained authorization from Davey-Glen, LLC to remove these trees.

The project includes the planting of a variety of tree types throughout the project site. The project includes, but is not limited to, 13 redbud and dogwood trees, 11 maidenhair trees, seven crape myrtles, and five London planes that are primarily planted around the perimeter of site and at the rear of the site in the landscape and open space area. The redbud is proposed to be 15-gallon tree while all others are 24-inch box trees. In total, the project includes 60 trees to be planted onsite. Other groundcover, shrubs and low plantings are proposed for the project site. Other groundcover, shrubs and low plantings are proposed for the projectsite. This finding is affirmed.
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13 TREE REMOVAL PERMIT
The City Council evaluated a Tree Removal Permit proposal for the project, and recommends conditionally approving the Permit based on the balancing of the Criteria for Permit Determination set forth in Section 25-7 (c) (1-2) of the City Code, as follows (1) Criteria Supporting Removal (2) Criteria Supporting Retention (A) The tree is: (i) in poor condition; (ii) at
the relative end of its life span of the
particular species; (iii) diseased or infested
beyond reasonable remediation; (iv) has poor
structural integrity; (v) is in danger of falling;
or, (vi) poses a safety hazard.

(B) The particular tree species is undesirable
due to characteristics such as invasiveness,
tendency toward limb failure, and fire
hazard.

(C) The tree is damaging or interfering with
existing structures, site improvements, or
utility services.

(D) Removal of the tree is needed in order to
construct improvements or otherwise allow
conforming use of the property.

(E) Proximity of the tree to existing or
proposed structures.
(A) The tree is located outside of the
developable area of the property.

(B) The tree and its location contribute
substantially to the aesthetic appeal of the
property or the neighborhood.

(C) The effect of the requested tree removal
on the remaining number, species, size and
location of existing trees on the site and in
the area, including trees mutually dependent
on each other for survival, structural integrity
or aesthetics.

Criteria Supporting Removals & Retention
The project includes the removal of 25 protected trees. The arborist report and the landscape plans submitted as part of the project indicate that the trees proposed for removal are either directly impacted by project construction or have low suitability for preservation. These trees include one coast redwood and 24 eucalyptus trees. The project would retain two trees located towards the former restaurant at the rear of the site. The removal of the 25 trees is necessary to construct the project at the proposed scale. The arborist report notes that only the one redwood tree proposed for removal, located at adjacent to Belmont Avenue, near the former and now vacant Vans Restaurant is in good condition. All other trees are in fair to poor condition. These positions would substantially interfere with the construction of both buildings and other improvements required for the project.
138
14 Based upon review of the arborist report, and the site and grading plans, the City Council finds that the proposed tree removal is necessary for the construction of the project. In addition, the Commission finds that adequate arrangements would be made for the protection of trees to be retained. Specifically, a condition of approval would require the project arborist to prepare an updated evaluation of tree protection measures (for trees to be retained), based on final approved plans, prior to issuance of permits.

Conditions of Permit
The project would exceed the replanting requirements set forth in Section 25-7 (d) (1) of the City Code, which require protected trees to be replaced at a 1:1 ratio. The applicant proposes to replant 60 trees. Thus, total protected tree replacement to removal would occur at more than a 2.4:1ratio.

Preferred Tree Species
The proposed replacement tree plantings would include preferred species trees (redbud, dogwood, Crape Myrtle, London Plane Trees) in conformance with Section 25-10 (a) of the City Code.

AFFORDABLE HOUSING PLAN
The City Council finds that the project’s Affordable Housing Plan (AHP) meets the required findings in Belmont Zoning Ordinance Section 29.6 (b) (1-3) as follows:
1) Affordable units must be comparable in exterior appearance and overall quality of construction to market-rate units in the same housing development. Interior finishes and amenities must equal those provided in the base model market-rate units.

The project is a 100 percent affordable project to households’ low income and below, with a design theme applied consistently throughout all units and elevations. Accordingly, all exterior finishes and amenities are applied equally across all of the units. To ensure that interior finishes are consistent, a project condition of approval will require verification of interior finishes after construction of the project, and before issuance of a certificate of occupancy. This finding is affirmed.
2) The number of bedrooms in the affordable units must be comparable to the average number of bedrooms in the market-rate units, and the affordable units must be reasonably dispersed within the residential project, with unit locations comparable to those of the market-rate units, or, subject to the approval of the community development director, may be clustered within the residential project when this furthers affordable housing opportunities.

The project is a 100 percent affordable project to households’ low income and below. The project provides 42 percent of units in the one-bedroom category, 32 percent in the twobedroom category, and 26 percent as three-bedroom units. Because the project is a 100 percent affordable project, units are dispersed throughout the building. This finding is affirmed. 139
15 3) The affordable units must have the same amenities as the market rate units, including the same access to and enjoyment of common open space, parking, storage, and other facilities in the residential project.

The project is a 100 percent affordable project. Accordingly, units have the same access to and enjoyment of common open spaces, parking, storage, and other facilities in the residential project. This finding is affirmed.

DENSITY BONUS AND COMMUNITY BENEFIT
The City Council finds that the applicant is entitled to a Density Bonus, in accordance with the Government Code Section Government Code Section 65915 (f), as follows:

The amount of density increase to which an applicant is entitled varies according to the amount by which the percentage of affordable housing units exceed the specified percentage for the income group; this amount is specified in Government Code Section 65915 (f). Legislation requires local governments to grant an 80 percent density bonus to housing projects in which all of the units (other than manager’s units) are restricted to very low-, low- and moderate-income residents, with a maximum of 20 percent restricted to moderate income units. If a 100 percent affordable project is located within a half mile of a major transit stop, the local government may not impose any maximum density limits at all, and the project is further entitled to receive a maximum height increase of up to three additional stories or 33 feet.

The applicant has submitted a complete application proposing a base project that included 100 percent of units affordable for low-income households and is located within one-half mile of a major transit stop, the Belmont Caltrain station. Thus, the City Council finds that the applicant is entitled to an 80 percent density bonus which equates to 56 additional dwelling units. The remaining seven units are covered under the City’s Community Benefits provisions.

The BZO height limit is 45 feet. However, the maximum height of the project along El Camino Real is 65 feet. The height in excess of 45 feet is comprised of the top two stories of the building and roof structure. Accordingly, this excess height comprised of the top two stories of the building is permitted pursuant to State Density Bonus Law.

The City Council further finds that the applicant is entitled to a Density Bonus, in accordance with the City’s Community Benefits provisions in Belmont Zoning Ordinance Section 5A.1.1 as follows:
1) Making such an award is in the City’s interest and will help implement the General Plan.

Allowing the 800-803 Belmont Avenue Residential Project seven units in excess of the maximum density permitted on the site enables the City to provide for and addresses its affordable housing requirements as established in the Housing Element of the General Plan.

Making the award is in the City’s interest because it achieves compliance with the City’s RHNA and catalyzes growth in proximity to transit. This finding is affirmed. 140
16 2) These benefits cannot be realized without granting an increased density.

Providing the affordable housing levels proposed by the project would not be possible without the increased density. To comply with the 45 du/ac or 60 du/ac requirement, the project would have to be reduced by 59 units and 37 units, respectively. With a reduction of 59 or 37 units, the project would require additional financing which may result in the project not being constructed. This finding is affirmed.
3) That the increase granted is the minimum necessary to realize these benefits and that no adverse impacts or land use incompatibilities will be created that are judged unacceptable.

The increase in density of seven additional units is the minimum to provide the required needed number of units for the project.

The project will not result in adverse impacts or land use incompatibilities as a result of the increased density. As discussed in the environmental review section of this staff report, the project would result in the demolition of resource that is eligible for listing on the local register.

However, this impact would occur regardless of the density of the project. All other impacts have been mitigated to less than significant levels. The project, as conditioned, will be required to implement the recommendations of the Phase I environmental site assessment, ensuring the safety of construction workers and future residents. Traffic analysis for the project included mitigation measure to install a raised median in El Camino Real for safety. With installation of this median, the project would not have adverse impacts or land use compatibilities that are unacceptable. This finding is affirmed.

Public Benefit
Section 31.4.1(f)(2) of the Belmont Zoning Ordinance specifies acceptable community benefits for an increase in density above the prescribed amounts. The primary community benefit provided by the project is the provision of affordable housing well in excess of the City’s requirement. The provision of a 100 percent affordable housing project at the lowincome level satisfies the requirements of community benefits identified under BZO Section

31.4.1(f)(2).
* * *
141
17 ADOPTED May 10, 2022 by the City Council of the City of Belmont by the following vote:

Ayes:

Noes:

Absent:

Abstain:

ATTEST:
_______________________________ __________________________________________ City Clerk Mayor
APPROVED AS TO FORM:
__________________________________________
City Attorney
142
ATTACHMENT E (EXHIBIT “A”)
Conditions of Approval for the 800-803 Belmont Avenue Residential Project (APPL NO. PA2020-0020)
These Conditions of Approval apply to the City approval of the following entitlements requested by ROEM Development Corporation, the Applicant, for the 800-803 Belmont Avenue Residential Project: Parcel Map, Design Review, Conditional Use Permit for residential uses on the ground floor, Density Bonus pursuant to Government Code Section 65915, Affordable Housing Plan, Parcel Map, Grading Permit, and Tree Permit. The Project also includes requests for: 1) Additional density in exchange for Specified Public Benefits under Belmont Zoning Ordinance (BZO) Section 31.4.1(F); for properties at 800-803 Belmont Avenue; APNs: 044-172-190 and 044-172-200; (Appl. No. PA2020-0020: City Approvals).

I. COMPLY WITH THE FOLLOWING CONDITIONS OF THE COMMUNITY DEVELOPMENT DEPARTMENT:

A. The following conditions shall be shown on plans submitted for a building permit and/or site development permit or otherwise met prior to issuance of the first building permit (i.e., foundation permit) and shall be completed and/or installed prior to occupancy and remain in place at all times that the use occupies the premises except as otherwise specified in the conditions:

Planning Division

1. The Land Owner is hereby notified, as required by Government Code §66020, that the approved plans, the conditions of approval, and the adopted City fee schedule found at www.belmont.gov constitute written notice of the description of the dedications, reservations, amount of fees and other exactions related to the project. As of the date of project approval, the 90-day period has begun in which Developer may protest any dedications, reservations, fees or other exactions imposed by the City. Failure to file a protest within the 90-day period in compliance with all of the requirements of Government Code §66020 will result in a legal bar to later challenging the dedications, reservations, fees or other exactions.

2. Indemnification. Land Owner hereby agrees to and shall indemnify, defend, and hold harmless City, any City agencies and their respective elected and appointed councils, boards, commissions, officers, agents, employees, volunteers, and representatives (collectively, for the purposes of this condition, "City") from any and all loss, liability, fines, penalties, forfeitures, costs, and damages (whether in contract, tort, or strict liability, including but not limited to personal injury, death at any time, and property damage) and from any and all third party claims, demands, and actions in law or equity (including attorneys' fees and litigation expenses) directly or indirectly arising or alleged to have arisen out of or in any way related to: (a) the approval of the City Approvals; (b) any development or use of the Property under the City Approvals; and (c) any actions or inactions by the Land Owner or its contractors, subcontractors, agents, or employees in connection with the construction or improvement of the 143
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Property and the Project as defined in the development agreement; excepting to the extent arising from the intentional acts or willful misconduct of City, its elected and appointed representatives, officers, agents, employees, contractors or subcontractors.

This indemnification and hold harmless agreement applies to all damages and claims for damages suffered or alleged to have been suffered by reason of the operations referred to in this condition, regardless of whether or not City prepared, supplied, or approved plans or specifications for the Property, but does not apply to damages and claims for damages caused by City with respect to public improvements and facilities after City has accepted maintenance responsibility for them.

3. A Final Map meeting the requirements of the state Subdivision Map Act, and the City’s Subdivision Ordinance shall be approved and recorded, prior to issuance of Grading or Building Permits.

4. The approval or conditional approval of a Tentative Map shall be valid for a period of twenty-four (24) months from the date of approval by the City Council. Such approval or conditional approval may be extended for a period not to exceed two (2) additional years by the City Council upon written request, providing such request is made prior to the expiration of the approval or conditional approval period.

5. Any failure to record a Final Map within two (2) years from the approval or conditional approval of the Vesting Tentative Map, or any extension thereof granted, shall terminate the Vesting Tentative Map, however the applicant may re-apply for the Vesting Tentative Map consistent with and subject to the terms of the project approvals.

6. A Final Map shall be prepared in conformance with the approved Vesting Tentative Map and presented to the City Clerk after a certificate has been executed by the City Engineer, and the registered civil engineer or licensed land surveyor who prepared the map, certifying compliance with all conditions of approval.

7. The Final Map shall meet all requirements of a Vesting Tentative Map, as set out in the California Subdivision Map Act and the City of Belmont Subdivision Ordinance, and when improvements or dedications are required, shall be accompanied by a guaranty of title, any separate instruments of dedication or deeds and improvement agreement.

8. Prior to the recordation of the Final Map, the subdivider shall submit one set of reproducible Mylar drawings and specifications of all “as built” improvements, all engineering calculations, soils report and other information required by the City Engineer and Building Official. The City shall retain the information for the life of the structure.

9. Except as modified by these conditions of approval, or as required by subsequent project review, the Building Permit Plans shall be consistent with the approved Planning Plans, date stamped March 23, 2022 and inclusive of the architectural drawings (Sheets SD-0.1 through SD-5.1); Civil Engineering Plans (Sheets TM-1 144
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through TM-8, and C1.0 through C.5.1 and RW1 through RW4) Landscape Plans (Sheets L1 through 7), and Lighting Plans (Sheets E1.0 through E2.0).

10. The plans submitted for a Building Permit shall include: a) a plan sheet that includes all project conditions of approval; b) boxed-out floor plans demonstrating that the apartment building would not exceed the maximum floor area permitted for the project; c) individual floor plans for each of the unit types and sub types (studio, one-bedroom, and two-bedroom); and d) floor plans for each level of the building that include a numbering and lettering system identifying each of the types of units and a table reflecting the total number of units in each category.

11. Exterior building materials shall be consistent with Elevation Drawing and submitted materials – DSD-5.1, dated March 23, 2022, except for minor modifications approved by the Community Development Department, or as modified via an approved Design Review Amendment.

12. Prior to issuance of building permit, the applicant and/or designee shall demonstrate that stone veneer used in the project is a minimum of two inches in depth.

13. Fees. The applicant/developer agrees to pay all regulatory, connection, and impact fees including plan check, building permit, General Plan Maintenance, Park Impact, and Sewer Connection Fees, as specified by each respective City Ordinance or the City's Master Fee Schedule.

14. Final details for the installation of public streetscape improvements (i.e., specific design of all proposed street furniture, ADA-compliant decorative tree grates, lighting standards, etc.) shall be reviewed and approved by the Community Development Department in consultation with the Public Works and Park and Recreation Departments, prior to their installation.

15. All public improvements (frontage, streetscape, landscaping, lighting, short term bicycle parking, and areas open to the public) shall be installed or constructed, prior to final Building Permit inspection.

16. The applicant shall enter into a regulatory housing agreement with the City, prior to issuance of building permit. The agreement shall be consistent with the City’s Inclusionary Housing Ordinance.

17. Affordable Housing
A. Prior to issuance of grading permit, tree removal permit, or demolition permit, whichever occurs first, the applicant shall record the fully executed Affordable Housing Agreement. Conformed copies of the recorded agreement shall be provided to the City Attorney and Community Development Department, prior to issuance of a building permit.

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B. Affordable housing shall be provided in accordance with the approved Affordable Housing Plan, including the number, location, level of affordability, and type of units. Minor amendments to unit location and type may be approved by the Community Development Director.

C. Interior finishes and amenities of the affordable units shall be equal across units. A Planning inspection verifying interior finishes in the affordable units shall occur after construction of the project, and before issuance of a certificate of occupancy.

D. Affordable units shall be provided equal access to project parking, and on-site amenity areas.

18. Prior to issuance of building permit, the applicant or designee shall submit a photometric plan demonstrating the project meets minimum required standards for safety for review and approval by the Belmont Community Development Department and Police Department. Exterior lighting shall conform to the requirements of BZO Section 2.72.1, which requires full cutoff lighting fixtures meeting adopted criteria of the Illuminating Society of North America (i.e., exterior lighting that would be downcast to prevent light spill to adjacent properties).

19. Installation of roof mounted mechanical equipment shall be consistent with Elevation Drawings dated March 23, 2022. Roof mounted equipment shall be placed behind parapets so as not to be visible from surrounding streets.

20. The applicant shall demonstrate that the final landscape plan has been reviewed and approved by the Mid-Peninsula Water District (MPWD), and is consistent with MPWD’s Water Efficient Landscape Ordinance (WELO), prior to installation of landscaping. A post installation certification from MPWD is also required prior to final building permit inspection. Contact the MPWD Water Conservation Administrative Specialist at (650) 591-8941 or [email protected] for more information

21. Geotechnical Conditions:

A. Geotechnical Plan Review - Before submittal to the City, the Project Geotechnical Consultant shall review and approve all geotechnical aspects of the project building and grading plans (i.e., site preparation and grading, building set-backs, site drainage improvements and design parameters for foundations, retaining walls and access driveway/garage) to ensure that their recommendations have been properly incorporated. The consultant shall ensure that the geotechnical design recommendations comply with the most current seismic design parameters of the California Building Code.

The results of the geotechnical plan review and updated geotechnical design recommendations shall be summarized by the Project Geotechnical Consultant in a letter and submitted to the city for review and approval prior to issuance of building permits.
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B. Geotechnical Field Inspection –The geotechnical consultant should inspect, test(as needed), and approve all geotechnical aspects of the project construction. The inspections should include, but not necessarily be limited to: site preparation and grading, site surface and subsurface drainage improvements, and excavations for foundations and retaining walls
prior to the placement of steel and concrete. The results of these inspections and the as-built conditions of the project should be described by the geotechnical consultant in a certification letter and submitted to the City Engineer for review prior to final (granting of occupancy).

22. The project shall comply with the Mitigation Monitoring and Reporting Program adopted as part of the certified final environmental impact report.

General Plan EIR and Environmental Conditions of Approval Air Quality:

23. Pursuant to GP EIR Mitigation Measure AQ-1, the applicant shall require their contractors, as a condition of contract, to further reduce construction-related exhaust emissions by ensuring that all off-road equipment greater than 50 horsepower (hp) and operating for more than 20 total hours over the entire duration of construction activities shall operate on an EPA-approved Tier 4 or newer engine. Exemptions can be made for specialized equipment where Tier 4 engines are not commercially available within 200 miles of the project site. The construction contract must identify these pieces of equipment, document their unavailability, and ensure that they operate on no less than an EPA- approved Tier 3 engine. ARB regulations will result in the percentage of Tier 4 engines increasing over the next several years.

24. Pursuant to GP EIR Mitigation Measure AQ-2, the applicant shall require their contractors, as a condition of contract, to reduce construction-related exhaust emissions by ensuring that all off-road equipment greater than 50 horsepower (hp) and operating for more than 20 total hours over the entire duration of construction activities shall operate on renewable diesel (such as Diesel high performance renewable). Renewable diesel is currently commercially available in San Francisco Bay Area.

25. Pursuant to GP EIR Mitigation Measure AQ-3, the applicant shall require their contractors, as a condition of contract, to reduce construction-related fugitive ROG emissions by ensuring that low-VOC coatings that have a VOC content of 10 grams/liter (g/L) or less are used during construction. The project applicant will submit evidence of the use of low-VOC coatings to BAAQMD prior to the start of construction.

26. Pursuant to GP EIR Mitigation Measure AQ-4, the applicant shall require their contractors, as a condition of contract, to reduce construction-related fugitive dust by implementing BAAQMD’s basic control measures at all construction and staging areas. The following measures are based on BAAQMD’s current CEQA guidelines. 147
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A. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and un- paved access roads) will be watered two times per day.

B. All haul trucks transporting soil, sand, or other loose material offsite will be covered.

C. All visible mud or dirt track-out onto adjacent public roads will be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.

D. All vehicle speeds on unpaved roads, driveways, or driving surfaces shall be limited to 15 mph.

E. All roadways, driveways, and sidewalks to be paved will be completed as soon as possible. Building pads will be laid as soon as possible after grading unless seeding or soil binders are used.

F. Post a publicly visible sign with the telephone number and the name of the person to contact at the lead agency regarding dust complaints. This person will respond and take corrective action within 48 hours. The phone number of the District will also be visible to ensure compliance.

27. Air Quality AQ-5: For all projects developed within the Planning Area, developer(s) shall provide education for residential and commercial tenants concerning green consumer products. Prior to receipt of any certificate of final occupancy, the project sponsors shall work with the City of Belmont to develop electronic correspondence to be distributed by email to new residential and commercial tenants that encourages the purchase of consumer products that generate lower than typical VOC emissions.

Examples of green products may include low-VOC architectural coatings, cleaning supplies, and consumer products, as well as alternatively fueled landscaping equipment.

Biological Resources:

28. To minimize potential impacts on nesting raptors, the applicant shall either: 1) Avoid construction activities (i.e., tree pruning, tree removal, tree protection work, demolition, grading, and construction) during the active nesting season (between February 1, and August 31); or 2) Conduct pre-construction surveys for nesting raptors and provide appropriate buffer zones, if construction has the potential to impact nesting birds.

Note: Pre-construction surveys shall be conducted by a qualified biologist or ornithologist in order to ensure that no raptor nests will be disturbed during project implementation. This survey will be conducted no more than 15 days prior to the initiation of construction activities during the early part of the breeding season (February through April) and no more than 30 days prior to the initiation of these activities during the late part of the breeding season (May through August). During this survey, the biologist will inspect all trees in and immediately adjacent to the impact areas for raptor nests. If an active raptor nest is found close enough to the construction area to be disturbed by these activities, the ornithologist, in consultation with the California Department of Fish and Wildlife Service, will determine the extent of a construction-free buffer zone to be established around the nest. 148
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29. The applicant shall implement the Recommendations identified on page eight of the Arborist Report, prepared for the project by Traverso Tree Service, dated March 11, 2020; the project arborist shall review the final building and grading plans, and confirm in writing any changes to the design recommendations. The guidelines shall be included on a plan sheet submitted with the building permit application.

A. Prior to issuance of a grading or building permit, the applicant shall submit written confirmation from the Project Arborist that all tree protection measures, and preconstruction treatments have been installed and inspected, and that they meet the arborist’s specifications.

B. Any approved grading, construction, demolition, or other work within the tree protection zone shall be monitored by the project arborist.

C. Tree protection devices are to remain until all site work has been completed within the work area. Fences or other protection devices may not be relocated or removed without permission of the Project Arborist.

D. If unplanned or unapproved tree injuries or tree removals occur during project construction, the applicant shall contact City Planning Staff. Additional permits may be required.

E. After completion of exterior construction work and before final building permit inspection, the applicant shall submit a final written report/letter from the Project Arborist. Said report/letter shall provide an evaluation of the construction impacts to the subject tree’s health or structural stability and shall identify any additional provisions that may be required to these address impacts. The applicant shall be responsible to implement these recommendations. A final report may be required on the effectiveness of the measures.

Cultural and Archaeological Resources:

30. Human Remains
If any human remains are discovered or recognized in any location on a project site, there shall be no further excavation or disturbance of the site, or any nearby area reasonably suspected to overlie adjacent human remains until:

A. The San Mateo County Coroner/Sheriff has been informed and has determined that no investigation of the cause of death is required; and B. If the remains are of Native American origin:
i. The descendants of the deceased Native Americans have made a recommendation to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains, and any associated grave goods as provided in Public Resources Code Section 5097.98; or
ii. The Native American Heritage Commission was unable to identify a descendant, or the descendant failed to make a recommendation within 24 hours after being notified by the commission.

31. In the event that paleontological, archaeological, and/or cultural resources are encountered during construction activities, all construction activity in the area of the find shall be halted, and the Community Development Director shall be notified; an 149
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archaeologist shall examine the find and make appropriate recommendations. A plan for the mitigation of impacts to the resources will be prepared and submitted to the City of Belmont for approval. Additional CEQA review may be required depending upon the evaluation of the find.

Greenhouse Gases:

32. A minimum of 10% of the construction materials shall be acquired (sourced) within 100 miles of the planning area. Documentation shall be provided before the final building permit inspection.

33. A minimum of 50% of the construction waste generated by this project shall be recycled or salvaged for use. Documentation shall be provided before the final building permit inspection. Sample forms located at www.hcd.ca.gov/CALGreen.html may be used to assist in documenting compliance.

34. Prior to issuance of a building permit, the applicant shall provide documentation (i.e., construction contracts or signed agreements) demonstrating that all contractors and subcontractors agree to operate all off-road equipment greater than 50 horsepower (hp) and operating for more than 20 total hours over the entire duration of work on renewable diesel (such as Diesel high performance renewable).

Noise:

35. Building sound insulation requirements need to include the provision of forced-air mechanical ventilation for all residential units so that windows could be kept closed at the occupant’s discretion to control noise.

36. Assuming wood siding wall construction, windows and doors, units facing El Camino Real shall have the following minimum ratings:

A. STC 30 or greater for units having direct line-of-sight to El Camino Real along the western building façade.

37. Prior to the issuance of building permits, mechanical equipment shall be selected and designed to reduce impacts on surrounding uses to meet the City’s requirements. A qualified acoustical consultant shall be retained by the project applicant to review mechanical noise as the equipment systems are selected in order to determine specific noise reduction measures necessary to reduce noise to comply with the City’s 45 dBA Leq noise limit at any receiving property line. The Project Noise Consultant shall conduct an acoustic analysis of all mechanical and HVAC equipment proposed with the final building permit plans. The results of the analysis and design recommendations to ensure compliance with the City’s Noise Ordinance shall be summarized by the Consultant in a letter submitted with the building permit plans. The consultant’s recommendations shall be incorporated into the building plans, prior to issuance of a building permit. Noise reduction measures could include, but are not limited to, selection of equipment that emits low noise levels and/installation of noise barriers such as enclosures and parapet walls to block the line of sight between the noise source and the nearest receptors.
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Transportation:

38. Prior to issuance of a building or grading permit, the Applicant shall prepare a construction management plan (CMP) for review and approval by the Public Works Department in consultation with the Community Development Department and Police Department. For properties located at or in close proximity to the City borders, the plan shall be routed to adjacent jurisdictions. The CMP shall include a response to construction-related conditions and requirements identified by reviewing City departments, and outside agencies for inclusion in the Plan. The plan shall include at least the following items:

A. Schedule: A project construction schedule shall be provided that includes the approximate date and expected time frame for each stage of construction. At minimum, the schedule shall include:
• Excavation & Shoring (as applicable)
• Below Grade & Foundation Construction
• Above Grade Construction & Framing
• Exterior & Interior Finish Work
• Public Frontage Improvements
• Offsite & Utility Improvements
B. Site & Logistics Plan: Site and logistics plan(s) shall be provided for each phase of project construction. Said plan(s) shall include:
• Location of Construction Fencing & Access Control for The Site • Proposed Circulation Pattern, including Access & Egress, for Each Phase of Construction
• Location of Dewatering Tanks, Construction Trailer, Temporary Power Pole, & Restrooms
• Erosion & Dust Control Plans
• Security & Lighting Plans
• Location of Construction Staging Areas for Materials, Equipment, & Vehicles • Crane Plane (Location, Height, & Radius), as applicable • Construction Worker Parking
C. Traffic Control Plan: Routes for construction-related traffic (hauling, deliveries, works, etc.) shall be identified in consultation with the Department of Public Works. Grading, hauling, and construction delivery traffic shall be timed to avoid peak hour school and work commute traffic. The CMP shall identify the maximum size of construction equipment /trucks, during construction, expected temporary street closure and the use of flag personnel during construction, and the location of construction worker parking/car-pooling. Comprehensive traffic control measures shall be identified, including: any required detour signage, lane closures, and sidewalk closures. A 24 Hour Written notice must be given to the Public Works and Police Departments prior to lane closures. Trained flag persons shall be positioned at both ends of blocked traffic lanes to ensure safe movement of vehicles, and pedestrians. The proposed traffic control plan may require review by a traffic engineer, to ensure an adequate intersection/driveway turning radius would 151
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be provided for large vehicles, and/or when other large projects are in construction at the same time.

D. Noticing: The CMP shall include notice to property owners within 300 feet of the project site two weeks prior to grading, and identification of haul route(s) and staging area for the project. The notice shall also include a process for responding to, and tracking, complaints pertaining to construction activity, including identification of an on-site complaint manager. 24-hour advance written notice shall also be provided to adjacent property owners, adjacent businesses, and Public Works and Police Department personnel prior to all major deliveries, detours, and lane closures.

E. Road Conditions: Documentation of road pavement conditions shall be provided to the Public Works Department for all routes that will be used by construction vehicles, both before and after project construction. Roads found to have been damaged by construction vehicles shall be repaired to the level at which they existed prior to project construction.

F. Response to CMP Conditions: A response shall be provided to CMP conditions from other City departments, and outside agencies.

Building Division

1. Plans submitted for building permit and all construction shall conform to the approved plans on file in the Planning Division for Appl. No. 2020-00200.

2. The applicant shall obtain all required permits.

3. This project is subject to the School Facilities Fee. Proof of payment must be presented to the City of Belmont before the permit will be issued. Contact the Sequoia Union School District directly for further information.

4. Pursuant to the Belmont Department Ordinance #2011-1, Section 1003.2.9.2(A), the building shall include a fire sprinkler system and the plan will be a deferred submittal.

5. Retaining walls shall be designed by a civil engineer or structural engineer.

6. The Belmont City Code requires a soils and engineering geology report for all new or substantially altered foundations. Provide such a report and a letter from the geotechnical engineer confirming that the foundation plan has been reviewed and that it has been determined that the recommendations in the soils report are properly incorporated into the plans.

7. The building permit plans shall show the location of all transformers, fire standpipes, and back- flow preventers.
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8. All construction and related activities which require a City building permit shall be allowed only during the hours of 8:00 am. to 5:00 p.m. Monday through Friday, and 10:00 a.m. to 5:00 p.m. on Saturdays. No construction activity or related activities shall be allowed outside of the aforementioned hours or on Sundays and the following holidays: New Year's Day, President's Day, Memorial Day, 4th of July, Labor Day, Thanksgiving Day and Christmas Day. All gasoline powered construction equipment shall be equipped with an operating muffler or baffling system as originally provided by the manufacturer, and no modification to these systems ispermitted.

9. The applicant shall post hours of operation and phone numbers for noise complaints.

10. The applicant shall provide space for recycling containers.

11. The applicant shall provide list of construction and demolition recycling service providers.

12. Contractors and subcontractors shall make a good faith effort to contact construction and demolition recycling providers.

13. The applicant shall notify all contractors and subcontractors of Belmont expectations of maximizing diversion of solid waste.

14. The applicant shall investigate opportunities for salvaging material forreuse.

15. Building plans shall specify that the 2019 California Code of Regulations and all applicable City of Belmont Ordinances will be employed during this project.

16. Roof covering. Roofs shall have at least a Class B roof covering, Class B roof assembly or an approved non-combustible roof covering. For roof coverings where the profile allows a space between the roof covering and roof decking, the space at the eave ends shall be fire-stopped to preclude entry of flames or embers.

II. COMPLY WITH THE FOLLOWING CONDITIONS OF THE BELMONT FIRE DEPARTMENT:

THE FOLLOWING IDENTIFIED ITEMS ARE REQUIRED AS CONDITIONS OF

APPROVAL AND SHALL BE PRINTED ON ANY PLANS SUBMITTED FOR BUILDING PERMIT

1. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Said numbers shall be either internally or externally illuminated in all new construction and in all alterations greater than 50% of the original structure. Numbers shall be as follows:
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A. Minimum of one-half inch (1/2″) stroke by six inches (6″) high.

B. When the structure is thirty-six (36) to fifty (50) feet from the street or fire department access a minimum of one-half inch (1/2″) stroke by nine inches (9″) high is required.

C. When the structure is more than fifty (50) feet from the street or fire apparatus access, a minimum of one-inch (1”) stroke by twelve inches (12″) high is required.

2. Building plans will clearly show fire control room and adhere to the following:

A. Minimum 35 square feet in size
B. Durable signage shall be provided on the exterior side of the access door to identify the fire control room.

C. Shall be provided at grade with a means to access the room directly from the exterior.

3. Please note a separate Fire Service Underground plan submittal (separate from fire sprinkler permit) will be required. A civil drawing of the underground pipe will not be accepted.

4. Building plans will clearly show location of proposed knox boxes.

5. Building plans will clearly show allowable building area, height, and stories in accordance with Section 504 and 506 of the CBC. Please note the restrictions of using the sprinkler increase multiple times for R occupancies in the footnotes.

6. Building plans will clearly show appropriate fire separation distances in accordance with Section 602 of the CBC. Fire Separation distances will be shown to property lines and middle of public ways.

7. Please thoroughly review Chapter 7 of the CBC and show appropriate details.

8. With submittal of building plans, please include a Fire Safety plan in accordance with Chapter 33 of the CFC. Further details of what the plan should consist of can be found in Chapter 33 of the CFC, Chapter 33 of the CBC, and 2013 NFPA 241. Plan should acknowledge and lay out a proposed timeline for water supply, access, standpipe construction, means of egress construction, debris removal, site security, and other aspects covered in the applicable sections listed.

III. COMPLY WITH THE FOLLOWING CONDITIONS OF THE BELMONT POLICE DEPARTMENT:

1. All activities shall be subject to the requirements of the Belmont NoiseOrdinance.

2. No debris boxes or building materials shall be stored on the street unless permitted. 154
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3. Flag person(s) shall be required for closures positioned at both ends of any closure.

4. 24-hour written notice to the Police Department is required before any lane closure.

5. Signage plan required for closures/detours – plan must be approved by PD Traffic Unit.

6. Security lighting should be provided in all pathways, walkways, and underground areas.

7. Any burglar alarm shall be registered with the PD per BCC 18-50 et. seq.

8. The applicant shall provide a security plan to the Police Department plan for the construction period, prior to issuance of a building permit. Said plan shall, at minimum, include: lighting, surveillance, physical security of property, and securing of any tools, equipment and/or materials left on site. The Police Department shall also be provided 24-hour emergency contact information for the contractor and owner. Provide information to Belmont PD – Attn: Sgt. Hussey or [email protected].

9. No Trespassing signs, per 602 PC, are required to be posted around the property to discourage unauthorized entry and aid in criminal prosecutions for trespassing/theft.

10. A minimum roadway width of 12 ft. must be maintained at all times for emergency access on all abutting roadways.

11. The property address must be clearly posted at all times during and after construction, visible and legible from entire roadway frontage(s).

12. The applicant and/or designees shall ensure the Police Department has access to any secured emergency access easements/gates/pathways.

IV. COMPLY WITH THE FOLLOWING CONDITIONS OF THE PUBLIC WORKS DEPARTMENT:

A. The following conditions shall be shown on plans submitted for a building permit and/or site development permit or otherwise met prior to issuance of the first building permit (i.e., foundation permit) and shall be completed and/or installed prior to occupancy and remain in place at all times that the use occupies the premises except as otherwise specified in the conditions.

Public Improvements

1. Street widening, improvements, and dedications shall be in accordance with City Standards and specifications as required by the Department of Public Works. 155
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2. New sidewalk, curb and gutter shall be installed in accordance with the Department of Public Works approved standards.

3. The unused driveway shall be removed and replaced with sidewalk, curb and gutter in accordance with Department of Public Works approved standards.

4. A commercial driveway approach shall be installed in accordance with Department of Public Works approved standards.

5. The parcel map shall be recorded prior to issuance of any building permit.

6. Proposed Belmont Avenue is a privately maintained street and all street improvements, sidewalk, curb & gutter, lighting and related storm drain system within the development and Belmont Avenue frontage would be privately owned and maintained by HOA or project management company. This should be noted on the plan.

7. The developer shall provide a maintenance agreement with neighboring property owners identifying responsibility of future maintenance on Belmont Avenue prior to recordation of parcel map and issuance of building permit. Applicant should consider obtaining consent for the proposed construction of improvements and use from any private property owners with rights of ingress and egress over the affected roadway. This consent may best be done within a section of the maintenance agreement.

8. Applicant shall submit recorded public access easement on the entire Belmont Avenue right of way prior to or concurrent with approval of Parcel Map.

9. At the time of parcel map approval, the developer shall submit a grading plan and a drainage study prepared by a registered Civil Engineer. The drainage study shall analyze the existing and ultimate conditions and facilities. The study shall be reviewed and approved by the City Engineer and the developer shall satisfy the conclusions and recommendations of the approved drainage study prior to any building occupancy permit issuance.

10. Prior to Parcel Map recordation, applicant shall pay for project related fees and submit required bonds for the improvements.

11. Prior to Parcel map recordation, developer shall pay project fair share for storm and sewer downstream improvements impacted by the development flow.

12. Prior to building permit issuance, the developer shall obtain design approval and bond for all necessary public improvements, including but not limited to the following:

A. Remove and replace all curb, gutter, ADA ramp and sidewalk along project frontage on El Camino Real.
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B. Construct a driveway access at Belmont Avenue/El Camino Real intersection.

C. Reconstruct Belmont Avenue frontage with new pavement, curb & gutter on both side of street, and lighting and sidewalk along project frontage.

D. Install a new driveway approach, ADA curb ramp with sidewalk transition at the Belmont Avenue / El Camino Real intersection.

E. Grind and overlay and re-stripe curb to median curb width of El Camino Real frontage per Caltrans standard.

F. Install adequate City streetlights along its frontages on Belmont Avenue and El Camino Real.

G. Relocate the existing joint pole at the northwest corner of the development on Belmont Avenue, remove the service pole along El Camino Real and underground any service line serving the development.

H. Extension of the existing utilities and installation of new utilities, including but not limited to, water, sewer and storm drain main lines, services and related facilities.

I. Construct storm drain main line on Belmont Avenue and El Camino Real frontage connecting to Anita Avenue/El Camino Real intersection.

J. Install a median at El Camino Real/Belmont Avenue intersection restricting left turn movement onto El Camino Real.

Plans for all public improvements shall be prepared on Mylar (24”x 36” sheets) and developer shall submit a digital format of the Record Drawings (AutoCAD format is preferred) upon completion of improvements.

13. The developer shall execute a secured public improvement agreement. The agreement shall be secured for an amount of 100% of the engineer’s estimate of the construction cost for faithful performance and 100% of the engineer’s estimate of the construction cost for labor & materials. All improvements must be in accordance with the City of Belmont standard detail and specs and built to the City Engineer’s satisfaction and accepted by the City prior to issuance of any certificate of occupancy for the project.

14. GENERAL FEE – Project will be required to pay all applicable fees prior to recordation of parcel map including but not limited to the following:

A. Sewer Connection fee: $1,503,101.25 ($12,025.71/U)
B. Transportation Impact fee: $682,500.00 ($5,460/U)
C. Sewer fair share fee: $30,525.00
Fees will be adjusted to the most current adopted fee schedule at the time of payment.

15. Prior to parcel map approval, developer shall execute an encroachment permit agreement with the City for El Camino Real sidewalk frontage and entire curb to curb width of Belmont Avenue.
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16. Prior to building permit issuance, the developer shall dedicate adequate right of way for pedestrian purposes crossing the driveways.

17. Prior to building permit issuance, the applicant shall dedicate 5-foot minimum public utility easement (PUE) along Belmont Avenue and El Camino Real frontages.

18. Prior to building permit issuance, the applicant shall dedicate Public Access Easement (PAE), Emergency Vehicle Access easement (EVAE), and Public Utility Easement (PUE) on the entire width of Belmont Avenue right of way.

19. Prior to issuance of any building permits, developer shall obtain approval from the City Engineer of the sewer and storm drain studies for this development. These studies shall identify the development's effect on the City's present Master Plans and the impact of this development on the trunk lines. If the results of the study indicate that this development contributes to the over-capacity of the trunk line, it is anticipated that the developer will be required to mitigate the overflow or shortage by construction of a parallel line or pay a mitigation charge, if acceptable to the City Engineer.

20. The owner/applicant shall submit a sanitary sewage plan. Flows from the proposed development shall be estimated and their impact on the existing City collection system analyzed. Mitigation measures may be required to upgrade the City system. Using City’s Sanitary Master Plan and following City’s recently adopted guidelines, submit analysis of the existing sanitary sewer main as to its current capacity whether it is functioning below, at or above capacity and at what percent full, with & without the project:

A. To reflect the latest sewer model, the developer will be provided an Excel spreadsheet with existing flows and projected future flow estimation. The developer needs to update the existing sewer analysis using existing flow data from this Excelspreadsheet. It is of great importance to include peaking factors for the appropriate sewer basin in the estimation of future flows.

B. For the existing and proposed flows the following characteristics should apply:
i. For existing sewer mains 12 inches in diameter and smaller, peak flow d/D shall not exceed 70%.
ii. For existing sewer mains larger than 12-inch, peak flow d/D shall not exceed 85%.
iii. For sewer mains 12 inches in diameter and smaller, peak flow d/D shall not exceed 50%.
iv. For sewer mains larger than 12 inches in diameter, peak flow d/D shall not exceed 75%.

21. Prior to Parcel map recordation, developer shall provide a photometric study for Belmont Avenue and El Camino Real demonstrating adequate lighting is provided. The applicant shall include El Camino Real/Belmont Avenue intersection in the study. 158
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22. Prior to start of any construction, the developer shall submit traffic control and site logistic plans for any impact to the right-of-way for each phase of operation, including pedestrian and bicycle detour plans as applicable. The traffic control plan shall comply with the most recent version of the California Manual of Uniform Traffic Control Devices (CA MUTCD) and the City’s Traffic Control Plan requirements. The developer shall also submit a construction schedule and monitoring plan for City Engineer review and approval. The construction schedule and monitoring plan shall include, but not be limited to, construction staging area, parking area for the construction workers, personal parking, temporary construction fencing, construction information signage and establish a neighborhood hotline to record and respond to neighborhood construction related concerns. The developer’s contractor is also required to submit updated monthly construction schedules to the City Engineer for the purpose of monitoring construction activities and work progress.

23. Prior to the issuance of a foundation building permit, the applicant must submit evidence to the Public Works Department of approval by the State of California for the performance of any work within the State right-of-way. If the City is required to be a party to the permit application and a fee is required, the applicant shall reimburse the City for its cost.

24. For material delivery vehicles equal to, or larger than two-axle, six-tire single unit truck (SU) size or larger as defined by FHWA Standards, the applicant shall submit a truck hauling route that conforms to City of Belmont Truck Route, for the approval of the Director of Public Works or designee. The project sponsor shall require contractors to prohibit trucks from using “compression release engine brakes” on residential streets. The haul route for this project shall be as approved by the Director of Public Works or designee.

A letter from the applicant confirming the intention to use this hauling route shall be submitted to the Department of Public Works, and approved, prior to the issuance of any City permits. All material hauling activities including but not limited to, adherence to the approved route, hours of operation, staging of materials, dust control and street maintenance shall be the responsibility of the applicant. All storage and office trailers will be kept off the public right-of-way. Tracking of dirt onto City streets and walks will not be allowed. Entry and exit from the site will use rock or rumble strips to prevent tracking.

The applicant must provide an approved method of cleaning tires and trimming loads on-site. Any job-related dirt and/or debris that impacts the public right-of-way shall be removed immediately. No wash down of dirt into storm drains will be allowed. Use of a sweeper is permissible as long asit operates dry (no water used, only vacuum). All material hauling activities shall be done in accordance with applicable City ordinances and conditions of approval. Violation of such may be cause for suspension of work.

Grading and Drainage

25. The owner/applicant shall submit C3 & C6 stormwater Pollution Prevention checklist, impervious calculation checklist, and BMP measures checklist prior to design review approval.
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26. The owner/applicant shall obtain required permits and pay applicable fees to the Regional Water Quality Control and the City (including the Silicon Valley Clean Water District if underground water isto be discharged to the sewer) for the discharge of underground water during construction. Testing of the water quality shall be submitted with the permit applications. The drainage plan shall identify how the post-construction underground water is discharged and treated before entering the storm system. Discharge permit may be required by the Regional Water Quality Control Board depending on the daily flow amount. All discharge shall conform to the requirements in Provision C15 of the City’s MRP permit.

Utilities

27. The owner/applicant shall submit a sanitary sewage plan. Flows from the proposed development shall be estimated and their impact on the existing City collection system analyzed. Mitigation measures may be required to upgrade the City system.

Subdivisions

28. The owner/applicant shall pay planned drainage fees in accordance with City ordinances.

NPDES Stormwater Controls (General)

29. Commercial/industrial facilities having vehicle/equipment cleaning needs and new residential complexes of 25 units or greater shall either provide a roofed, bermed area for washing activities or discourage vehicle/equipment washing by removing hose bibs (faucets) and installing signs prohibiting such uses. Vehicle/equipment washing areas shall be paved, designed to prevent run- on to or runoff from the area, and plumbed to drain to the sanitary sewer. A sign shall be posted indicating the location and allowed uses in the designated wash area. The applicant shall contact the local permitting authority and/or sanitary district with jurisdiction for specific connection and discharge requirements.

MRP Regulated Project:

30. Project shall comply with all requirements of the Municipal Regional Stormwater NPDES Permit Provision C.3. Please refer to the San Mateo Countywide Water Pollution Prevention Program’s (SMCWPPP) C.3 Stormwater Technical Guidance Manual for assistance in implementing LID measures at the site. [Optional:
http://www.flowstobay.org/bs_new_development.php]

31. [Redevelopment Projects that result in an alteration of 50% or more of the existing impervious surface] Treatment controls shall be designed and sized to treat run‐off from the entire redevelopment project (including all existing, new, and/or replaced impervious areas) using flow or volume based sizing criteria specified in Provision C.3.d of the Municipal Regional Stormwater Permit.
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Source Control Conditions[Staff must require all applicable source controlsfor C.3 Regulated Projects]:

32. [Select those that apply] Trash storage areas (including recycling or food compactor areas or similar areas), wash areas, loading docks, repair/maintenance bays, and equipment or materialstorage areas shall be completely covered and bermed to ensure that no stormwater enters the covered area. Covered areas shall be sloped so that spills and washwater flow to area drains connected to the sanitary sewer system, subject to the local sanitary sewer agency’s authority and standards.

33. Interior level parking garage floor drains, and any other interior floor drains, shall be connected to the sanitary sewer system, subject to the local sanitary sewer agency’s authority and standards.

34. Efficient irrigation systems shall be used throughout all landscaped areas in accordance with the Model Water Efficient Landscape Ordinance.

35. On‐site storm drain inlets shall be clearly marked with the words “No Dumping! Flows to Bay,” or equivalent using thermoplastic material or a plaque.

36. Swimming pools, hot tubs, spas and fountains shall have a connection to the sanitary sewer, subject to the local sanitary sewer agency’s authority and standards. This connection could be a drain in the pool to the sanitary sewer or a cleanout located close enough to the pool so that a hose can readily direct the pool discharge into the sanitary sewer cleanout.

37. Boiler drain lines, roof top equipment with drain lines, and/or equipment for washing and/or steam cleaning activities shall be connected to the sanitary sewer system, subject to the local sanitary sewer agency’s authority and standards.

38. Projects with architectural copper should, if possible, purchase copper materials that have been pre‐patinated at the factory. Whether patination is done offsite or onsite, applicant should consider coating the copper materials with an impervious coating that prevents further corrosion and runoff. If patination is done on‐site, implement one or more of the following:

A. Discharge the rinse water to landscaping. Ensure that the rinse water does not flow to the street or storm drain. Block off storm drain inlet if needed.

B. Collect rinse water in a tank and pump to the sanitary sewer. Contact your local sanitary sewer agency before discharging to the sanitary sewer.

C. Collect the rinse water in a tank and haul off‐site for proper disposal. 161
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Site Design Conditions[At least one site design measure must be implemented for C.3 Regulated Projects]:

39. Direct roof runoff onto vegetated areas. Stormwater treatment of the roof runoff is not required if the vegetated area is designed as a self‐retaining area, as described in Section

4.3 of the C.3 Technical Guidance

40. Maximize permeability by clustering development and preserving open space.

41. Use micro‐detention, including distributed landscape‐based detention.

Infiltration Measures(Bioinfiltration and Infiltration Basins) or Infiltration Devices (Dry Wells and Infiltration Trenches)[Apply the following Conditions of Approval if applicant demonstrated during the Planning Phase that it isfeasible to infiltrate 80% of the average annual runoff volume]:

42. In‐situ infiltration rate shall be determined or confirmed by means of percolation testing for all infiltration treatment measures and devices.

43. Infiltration treatment measures or devices shall be designed in accordance with the infiltration guidance in Appendix E of the C.3 Technical Guide.

Biotreatment Measures:
[Apply the following Conditions of Approval ONLY when the applicant has demonstrated that it is infeasible to infiltrate or harvest and use 80% of the average annual runoff volume.]

44. Biotreatment measures (including bioretention areas, flow‐through planters and non‐ proprietary tree well filters) shall be sized to treat run‐off from 100% of the applicable drainage area (all impervious areas and applicable landscaped areas) using flow or volume based sizing criteria as described in the Provision C.3.d of the MRP, or using the simplified sizing method (4% rule of thumb), described in the C.3 Technical Guidance and based on the flow‐based sizing criteria in Provision C.3.d.i.(2)(c). Alternative biotreatment measure that are not in the C.3 Technical Guidance concept shall be pre‐approved by the Planning Department.]
Installation Conditions:

MRP Non‐Regulated Projects (including individualsingle‐family home projects) SourceControlConditions[Municipalstaffshall considerrequiring applicable source controlsfor non‐regulated projects]:

45. Trash storage areas (including recycling or food compactor areas or similar areas) , wash areas, loading docks, repair/maintenance bays, and equipment or material storage areas shall be completely covered and bermed to ensure that no stormwater enters the covered area. Covered areas shall be sloped to drain to area drains connected to the sanitary sewer system, subject to the local sanitary sewer agency’s authority and standards. 162
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46. Interior level parking garage floor drains, and any other interior floor drains, shall be connected to the sanitary sewer system, subject to the local sanitary sewer agency’s authority and standards.

47. Efficient irrigation systems shall be used throughout all landscaped areas in accordance with the Model Water Efficient Landscape Ordinance [or comparable local ordinance].

48. On‐site storm drain inlets shall be clearly marked with the words “No Dumping! Flows to Bay,” or equivalent using thermoplastic material or a plaque.

49. Swimming pools, hot tubs, spas and fountains shall have a connection to the sanitary sewer, subject to the local sanitary sewer agency’s authority and standards. This connection could be a drain in the pool to the sanitary sewer or a cleanout located close enough to the pool so that a hose can readily direct the pool discharge into the sanitary sewer cleanout.

50. Boiler drain lines, roof top equipment with drain lines, and/or equipment for washing and/or steam cleaning activities shall be connected to the sanitary sewer system, subject to the local sanitary sewer agency’s authority and standards.

51. Provide a designated, indoor area for vehicle and equipment repair.

52. Projects with architectural copper should, if possible, purchase copper materials that have been pre‐patinated at the factory. Whether patination is done offsite or onsite, applicant should consider coating the copper materials with an impervious coating that prevents further corrosion and runoff. If patination is done on‐site, implement one or more of the following:

A. Discharge the rinse water to landscaping. Ensure that the rinse water does not flow to the street or storm drain. Block off storm drain inlet if needed.

B. Collect rinse water in a tank and pump to the sanitary sewer. Contact your local sanitary sewer agency before discharging to the sanitary sewer.

C. Collect the rinse water in a tank and haul off‐site for proper disposal.

B. The following conditions shall be met prior to the issuance of the first building permit (i.e., foundation permit) and/or site development permits except as otherwise specified in the conditions.

Public Works Permits

53. The property owner/applicant shall apply for and obtain temporary encroachment permits from the Department of Public Works for work in the City public right-of-way, easements or property in which the City holds an interest, including driveway, sidewalk, sewer connections, sewer clean-outs, curb drains, storm drain connections, placement of a debris box.
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54. The property owner/applicant shall apply for and obtain a permanent encroachment agreement from the Department of Public Works, with approval by the City Council, for a structure, retaining wall, awning, or other features constructed in the public right-ofway, easement or on property in which the City holds an interest.

55. Property owner/applicant shall apply for and obtain a grading permit from the Department of Public Works. The grading permit fee is based on the total amount of earth moved including cut and fill.

Other Agency Permits

56. Construction activity resulting in a land disturbance of one acre or more, or less than one acre but part of a larger development shall obtain the Construction Activities Storm Water General Permit (General Permit) from the State Water Quality Control Board (http://www.scrcb.ca.gov/stormwtr/construction.html or (916) 341-5537). The State requires a completed Notice of Intent to comply (NOI) package and a Storm Water Pollution Prevention Plan (SWPPP) prepared in accordance with Section A of the General Permit prior to the commencement of soil disturbing activities. The State will issue a Waste Discharge Identification (WDID) number within 10 business days after it receives a complete NOI package (original signed NOI, vicinity map, and check). Applicant shall also submit copies of the NOI and SWPPP to the City for review and approval. Throughout the project life, the SWPPP shall be revised as necessary to accommodate site changes during to construction.

57. Verify location of utility meters, valves, back flow preventers, and hydrants with appropriate utility company. Show relationship of each to site improvements, such as retaining walls.

Public Improvements
Grading and Drainage

58. The owner/applicant shall submit a grading plan prepared by a California-registered Civil Engineer in accordance with City Grading Ordinance, Chapter 9, Section 3 of the City Code, with a grading permit application, for approval by the Department of Public Works and Building Division prior to any grading or clearing being performed on-site.

A. The applicant should note that if the proposed grading meets one or more of the criteria outlined in Section 9-23 of the City Code, a Planning Commission review will be required. Caution: If the total grading quantity changes after Planning Commission approval, a new grading approval may be required. The applicant may choose to complete the grading plan and calculations early in the planning process to limit delays in scheduling this review. (See Section 9-28 of City Code for review process). The plan shall incorporate the following restrictions:
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i. All soils stockpiled on the site during construction shall be covered or otherwise protected from wind and water erosion.
ii. During construction, erosion and sedimentation control plans shall be implemented in order to retain sediments on-site.
iii. Site grading and finished construction shall be designed and executed in such a manner as to avoid diverting runoff onto other properties
iv. Restrictions and recommendation of the Geologic and Soils report as approved by the City’s Geologist.

59. The owner/applicant shall submit a dust control plan for approval by the Department of Public Works. To reduce dust levels, exposed earth surfaces shall be watered as necessary.

The application of water shall be monitored to prevent runoff into the storm drain system.

Spillage resulting from hauling operations along or across any public or private property shall be removed immediately. Dust nuisances originating from the contractor’s operations, either inside or outside of the right-of-way shall be controlled. The measures shall also include:

A. Water all active construction sites at least twice daily.

B. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard.

C. Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites.

D. Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites.

E. Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets.

F. Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more).

G. Enclose, cover, water twice daily, or apply non-toxic soil binders to exposed stockpiled materials.

H. Install sandbags or other erosion-control measures to prevent silt runoff to public roadways.

I. Replant vegetation in disturbed areas as quickly as possible.

J. Watering should be used to control dust generation during the break-up of pavement.

K. Cover all trucks hauling demolition debris from the site.

L. Use dust-proof chutes to load debris into trucks whenever feasible.

M. Water or cover stockpiles of debris, soil, sand or other materials that can be blown by the wind.

N. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be in proper running order prior to operation.
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O. Diesel powered equipment shall not be left inactive and idling for more than five minutes, and shall comply with applicable BAAQMD rules.

P. Use alternative fueled construction equipment, if possible.

Q. All vehicle speeds on unpaved roads shall be limited to 15 mph.

R. Post a visible sign with the telephone number and person to contact at the Lead Agency regarding dust complaints. This person shall respond and take corrective action within 24 hours. The Air District phone number shall also be visible to ensure compliance with applicable regulations.

60. The proposed development may add or replace the impervious surface area of the property.

The applicant shall provide calculations showing the total impervious area of the completed project with the building permit application. Calculations shall be submitted to the Department of Public Works for review and approval.

61. Storm drainage calculations shall be required for all storm drains and overland flows.

Drainage shed maps shall be submitted showing all upstream acreage and run-off coefficients for each tributary area. Overland flow paths and site release points shall be clearly identified. Calculations shall be submitted to the Department of Public Works for review and approval.

62. A written report prepared by a Geotechnical Engineer shall be submitted in accordance with Section 9-36 of the City Code.

Utilities

63. Applicant must possess a valid sewer lateral certificate issued under City Ordinance Section 21-213 before receiving a final building permit for:

A. Improvements valued by the building official at $200,000 or more, or B. Work associated with a change in water service (e.g. change in meter size or adding a second meter).

64. Applicant shall install the sanitary sewer connection in accordance with Department of Public Works approved standards and pay the applicable sewer connection fee.

65. If PG&E is requiring the developer to put in the gas and/or electrical connection, then the developer must submit plans for the encroachment to the Department to Public Works.

Subdivisions

66. The subdivision agreement shall provide for payment of all grading permit fees and inspection charges including the reviews by the City’s Consultant Geologist in accordance with the City’s Grading Ordinance.

67. The subdivision agreement shall provide for payment of all City inspection and plan check charges associated with the installation of public and private improvements including, but not limited to, streets, sanitary sewers, storm drains and street lights. A cash 166
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deposit shall be made in accordance with the fee schedule, against which the City will assess its costs. A refund or additional charge will be made at the conclusion of construction.

68. All utilities to each lot including, but not limited to, electric power, telephone, cable television, and street lights, shall be provided underground.

69. The owner/applicant shall provide a street light plan for subdivision streets that includes an evaluation of the need for the construction of additional street lighting on all adjacent streets.

70. Storm drainage, sanitary sewer, and emergency vehicle access easements shall be provided to the City as necessary.

71. The developer shall provide documentation from Mid-Peninsula Water District, PG&E, Pacific Bell, and AT&T Broadband cable TV that these utilities will provide service to the development.

72. The developer shall post maintenance bonds for all improvementsto be dedicated to the City for a period of one year after the date of acceptance by the City.

73. The owner/applicantshall provide field survey data to permit retracing all survey monuments set to establish the street right-of-way both public and private. A copy of the final subdivision map including property liens, final contours, street improvements, parking, sewer and storm drains shall be provided using AutoCad drawing files (scale 1”= 2’).

74. The owner/applicant shall provide a traffic control plan for all construction staging and storage areas.

75. The owner/applicant shall analyze the existing storm drain system from the property boundary to the outfall. On-site and off-site drainage facilities such as catch basins and storm drain pipes shall be designed to collect runoff from a storm of 10-year return frequency.

Should any deficiency in this system be found that would be affected by increased runoff from the project site, the owner/applicant shall improve the downstream system or contribute a proportionate share of the cost for improvements as determined by the Public Works Department.

76. The owner/applicant shall analyze the existing sewer system from the property boundary to the nearest pump station or main trunk line to determine its capacity to handle increased sewer flows from this development. Should any deficiency in this system be found, the owner/applicant shall improve the downstream system or contribute a proportionate share of the cost for improvements as determined by the Public Works Department.

77. The owner/applicant shall provide an evaluation of the need for the construction of additional street lighting on all streets fronting the property.

78. Applicant shall provide receptacles for recycling. Containers shall segregate glass, plastic and aluminum containers and paper. Property manager shall ensure these materials are 167
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recycled, such as by adding them to the regular recycle stream for on-site pick up by Recology or by returning them for redemption.

79. The owner/applicant shall provide a plan showing all the site improvements and utility trench locations. The plan shall indicate the location of all the protected trees and protection fences on site. No utility trench shall encroach within the protection fence areas.

80. Location of monument signs must be determined by a licensed engineer who will certify that line of sight will not be blocked and there is sufficient sight distance at the intersection.

Engineer shall provide analysis to the City for review.

NPDES Stormwater Controls (General)

81. The applicant shall submit an erosion and sedimentation control plan describing Best Management Practices (BMPs) to be used to prevent soil, dirt, and debris from entering the storm drain system. The plan shall include the following items:

A. A site plan showing the property lines, existing and proposed topography, and slopes; areas to be disturbed, locations of cut/fill and soil storage/disposal area; areas with existing vegetation to be protected; existing and proposed drainage patterns and structures; watercourses or sensitive areas on-site or immediately downstream of project; and designated construction access routes, staging areas and washout areas.

B. Erosion and sediment controls to be used during construction, selected as appropriate from the California Regional Water Quality Control Board, San Francisco Bay Region Erosion and P.O. Box 791, Oakland, CA 94604-0791.

C. Methods and procedures to stabilize denuded areas and install and maintain temporary erosion and sediment control continuously until permanent erosion controls have been established.

D. Provision for preventing erosion and trapping sediment on-site, such as sediment basins or traps, earthen dikes or berms, fiber rolls, silt fence, check dams, storm drain inlet protection, soil blankets or mats, covers for soil stock piles and/or other measures.

E. Provisions for installing vegetative cover in disturbed areas, including areas to be seeded, planted, and/or mulched, and types of vegetation proposed.

F. Provision for diverting on-site runoff around exposed areas and diverting offsite runoff around the project site (e.g., swales and dikes).

G. Notes, specifications, and/or attachments describing the construction, operation and maintenance of erosion and sediment control measures, including inspection frequency; methods and schedule for grading, excavation, filling clearing of vegetation and storage and disposal of excavated or cleared material; types of vegetative cover and mulch, including methods and schedules for planting and fertilization; and provisions for temporary and permanent irrigation.

82. All plans shall conform to the requirements of the City NPDES stormwater discharge permit and the San Mateo Stormwater Pollution Prevention Plan (STOPPP). The project plans shall include permanent storm water quality protection measures. The project plans 168
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shall identify Best Management Practices (BMPs) appropriate to the uses to be conducted on-site to effectively prohibit the discharge of pollutants with storm water run-off. A Maintenance and Operation Agreement shall be prepared by applicant incorporating the conditions of this section.

83. The developer shall provide to the first residents/occupants/tenants practical information materials (as furnished by the City) on good housekeeping for hazardous products, proper use and disposal of hazardous products, and prohibited discharge practices.

84. All landscaping shall be maintained and shall be designed with efficient irrigation systems to reduce runoff, promote surface filtration, and minimize the use of fertilizers, herbicides and pesticides.

85. The property owner/association shall implement a trash management and litter control program including emptying trash receptacles in common areas, noting trash disposal violations by homeowners or business, and notifying violators.

86. Streets and parking lots must be swept immediately prior to and once during the storm season. Records of street cleaning shall be reported to the Department of Public Works on an annual basis on or before June 30 of each year.

MRP Regulated Project:

87. Applicant shall prepare a Stormwater Management Plan (SWMP) that includes, at a minimum, exhibit(s) showing drainage areas and location of Low Impact Development (LID) treatment measures; project watershed; total project site area and total area of land disturbed; total new and/or replaced impervious area; treatment measures and hydraulic sizing calculations; a listing of source control and site design measures to be implemented at the site; hydromodification management measures and calculations, if applicable; NRCS soil type; saturated hydraulic conductivity rate(s) at relevant locations or hydrologic soil type (A, B, C or D) and source of information; elevation of high seasonal groundwater table; a brief summary of how the project is complying with Provision C.3 of the MRP; and detailed Maintenance Plans for each site design, source control and treatment measure requiring maintenance.

88. LID treatment measures to be shown on final improvement or grading plans shall not differ materially from the LID treatment measures presented on the project’s Tentative Map, approved on 3/20/2017, without written approval from the Planning Department.

Source Control Conditions [Staff must require all applicable source controls for C.3 Regulated Projects]:

89. Projectshall incorporate landscaping that minimizesirrigation and runoff, promotes surface infiltration, minimizes the use of pesticides and fertilizers, and incorporates other appropriate sustainable landscaping practices such as Bay‐Friendly Landscaping. 169
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90. Roof drains shall drain away from the building and be directed to landscaping or a stormwater treatment measure.

Site Design Conditions[At least one site design measure must be implemented for C.3 Regulated Projects]:

91. Self‐treating areas must be designed to store and infiltrate the rainfall that lands on the self‐ treating area. Refer to Section 4.2 of the C.3 Technical Guidance.

92. Self‐retaining areas must be designed to store and infiltrate the rainfall run‐off volume described in the MRP Provision C.3.d (80% capture volume), for rainfall that lands on the self‐retaining area and the impervious surface that drains to the self‐retaining area. Refer to Section 4.3 of the C.3 Technical Guidance.

Infiltration Measures(Bioinfiltration and Infiltration Basins) or Infiltration Devices (Dry Wells and Infiltration Trenches)[Apply the following Conditions of Approval if applicant demonstrated during the Planning Phase that it isfeasible to infiltrate 80% of the average annual runoff volume]:

93. All infiltration devices shall be located and designed to ensure no damage will occur to surrounding improvementsfrom underground water.

94. Soil media within the bioinfiltration measure shall consist of 18 inches of biotreatment soil consistent with the Attachment L of the MRP.

95. Other parameters of final design shall be consistent with the design guidelines presented in the latest version of the C.3 Technical Guidance.

Biotreatment Measures:
[Apply the following Conditions of Approval ONLY when the applicant has demonstrated that it is infeasible to infiltrate or harvest and use 80% of the average annual runoff volume.

96. Plant species used within the biotreatment measure area shall be consistent with Appendix A of the C.3 Technical Guidance.

97. Biotreatment soil mix for biotreatment measures shall have a minimum percolation rate of 5 inches per hour and a maximum percolation rate of 10 inches per hour, and shall be in conformance with Attachment L of the MRP, which is included in Appendix K of the C.3 Technical Guidance.

98. Design of biotreatment measures shall be consistent with technical guidance for the applicable type of biotreatment measure provided in Chapter 6 of the C.3 Technical Guidance.
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Operation & Maintenance (O&M) Conditions:

99. A Maintenance Plan for every stormwater treatment control [and/or HM] measure or applicable site design measure, inclusive of maintenance and inspection checklists and Maintenance Inspection Report Forms, shall be submitted to the City for review and approval prior to issuance of a grading permit. A copy of the final, approved Maintenance Plan(s) shall be made a part of the Maintenance Agreement [and the Conditions, Covenants and Restrictions (CC&Rs)] recorded for the property. A copy of the final, approved Maintenance Plan(s) shall also be on file at the municipality’s Public Services Department.

C. The following conditions shall be met prior to occupancy except as otherwise specified in the conditions.

Public Works Permits
100. The property owner/applicant shall apply for and obtain an administrative permanent encroachment agreement from the Department of Public Works, for placement of nonstandard materials (i.e., brick pavers) within the public right-of-way. 101. After the City permits are approved but before beginning construction, the owner/applicantshall hold a preconstruction conference with Building and Public Works Department staff and other interested parties. The developer shall arrange for the attendance of the construction manager, contractor, and all subcontractors who are responsible for grading and erosion and sedimentation protection controls. 102. Failure to comply with any permit condition may result in a “Stop Work” order or other penalty.
103. All construction and related activities which require a City permit shall be allowed only during the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday and 10:00 a.m. to 5:00 p.m., Saturdays. No construction activity or related activities shall be allowed outside of the aforementioned hours or on Sundays and the following holidays: New Year’s Day, President’s Day, Memorial Day, 4th of July, Labor Day, Thanksgiving Day and Christmas Day. All gasoline powered construction equipment shall be equipped with an operating muffler or baffling system as originally provided by the manufacturer, and no modification to these systems is permitted.

Other Agency Permits
104. A portion of the proposed work is within the State of California right-of-way. The applicant should contact the California Department of Transportation (Caltrans) to obtain an encroachment permit for this portion of the work.

Public Improvements
105. "As-built" drawings for any public improvement including streets, sewers, etc. shall be submitted to the City in AutoCAD on CD ROM.
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Grading and Drainage
106. Grading shall be performed in accordance with the City Grading Ordinance, Chapter 9 of the City Code. Soil or other construction materials shall not be stockpiled in the public right-of-way unless an encroachment permit is obtained from the Department of Public Works. Grading shall neither be initiated nor continued between November 15 and April 15. Grading shall be done between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday unless otherwise specifically authorized by the Director of Public Works. The Stormwater Pollution Prevention Program Best Management Practices (BMPs) for construction shall be implemented to protect water quality. 107. The owner/applicant shall ensure that applicable Best Management Practices (BMPs) from the San Mateo Stormwater Pollution Prevention Program (STOPPP) are followed to prevent discharge of soil or any construction material into the gutter, stormdrain system or creek.

NPDES Stormwater Controls (General)
108. The owner/applicant shall ensure that all construction personnel follow standard BMPs for stormwater quality protection during construction of project. These includes, but are not limited to, the following:

A. Store, handle and dispose of construction materials and wastes properly, so as to prevent their contact with stormwater.

B. Control and prevent the discharge of all potential pollutants, including solid wastes, paints, concrete, petroleum products, chemicals, washwater or sediment, and non-stormwater discharges to storm drains and watercourses.

C. Use sediment controls, filtration, or settling to remove sediment from dewatering effluent.

D. Do not clean, fuel, or maintain vehicles on-site, except in a designated area in which runoff is contained and treated.

E. Delineate clearing limits, easements, setbacks, sensitive or critical areas, buffer zones, trees, and drainage courses with field markers or fencing.

F. Protect adjacent properties and undisturbed areas from construction impacts using vegetative buffer strips, sediment barriers or filters, dikes, mulching or other measures as appropriate.

G. Perform clearing and earth moving activities only during dry weather (April 15 through November 14).

H. Limit and time applications of pesticides and fertilizers to prevent polluted runoff.

I. Limit construction access routes and stabilize designated access points.

J. Do not track dirt or other materials off-site; clean off-site paved areas and sidewalks using dry sweeping methods.
109. If construction is not complete by the start of the wet season (November 15 through April 15), prior to November 15 the developer shall implement a winterization program to minimize the potential for erosion and sedimentation. As appropriate to the site and status of construction, disturbed soils through temporary or permanent seeding, 172
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mulching, matting, tarping or other winterization requirements shall include inspecting/maintaining/cleaning all soil erosion and sedimentation controls prior to, during, and immediately after each storm event; stabilizing physical means; rocking unpaved vehicle access to limit dispersion of mud onto public right-of- way; covering/tarping stored construction materials, fuels, and other chemicals. Plans to include proposed measures to prevent erosion and polluted runoff from all site conditions. As site conditions warrant, the Department of Public Works may direct the developer to implement additional winterization requirements.

Source Control Conditions [Staff must require all applicable source controls for C.3 Regulated Projects]:
110. Fire sprinkler test water shall discharge to onsite vegetated areas, or, alternatively shall be discharged to the sanitary sewer system, subject to the local sanitary sewer agency’s authority and standards.
111. Air conditioning condensate shall drain to landscaping, or alternatively may be connected to the sanitary sewer system, subject to the local sanitary sewer agency’s authority and standards.

Operation & Maintenance (O&M) Conditions:
112. Property Owner shall be responsible for conducting all servicing and maintenance as described and required by the treatment measure(s) [and HM measure] Maintenance Plan(s). Maintenance of all site design and treatment control [and/or HM] measuresshall be the owner’s responsibility [or HOA’s responsibility]. 113. Approved Maintenance Plans shall be kept on‐site and made readily available to maintenance crews. Maintenance plans shall be strictly adhered to. 114. By April 1 each year, Maintenance Inspection and Servicing Reports for the stormwater treatment systems [and HM] shall be submitted to the municipality for the previous calendar year (January 1 through December 31).
115. Site accessshall be granted to representatives of the City, the San Mateo County Mosquito and Vector Control District, and the Water Board, at any time, for the sole purpose of performing operation and maintenance inspections of the installed stormwater treatment systems [and HM controls]. A statement to that effect shall be made a part of the Maintenance Agreement and/or CC&Rs recorded for the property. 116. Property Owner shall be required to pay for all municipal inspections of installed stormwater treatment systems as required by the Regional Water Quality Control Board or the municipality.
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Installation Conditions:
117. Applicant shall coordinate installation of stormwater treatment measures with the municipality and shall arrange to have a municipal Special Inspector or designated third party inspector present at the time of installation. Applicant shall be responsible for all fees associated with special stormwater inspections during construction. 174
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Attachment F – FEIR and MMRP
The 800-803 Belmont Avenue Residential Project Final Environmental Impact Report (FEIR), comprised of the Draft Environmental Impact Report (DEIR), appendices, response to comments, and mitigation monitoring and reporting program is available online at:
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Attachment H – Affordable Housing Evaluation
Background & Overview
The City of Belmont has adopted Affordable Housing requirements in order to: 1) meet theCity's regional share of housing needs; 2) implement the goals and objectives of the general plan and housing element; and 3) mitigate the impacts of residential and nonresidential projects on the need for affordable housing.
1992 - the City adopted regulations for density bonuses (BZO Section 26), which were subsequently amended in 2014. These regulations are intended to specify how compliance with Government Code Section 65915 ("State Density Bonus Law") will be implemented to encourage the production of affordable housing.
2017 – the City adopted inclusionary affordable housing requirements (BZO Section 29). These regulations require the on-site development of affordable housing for residential projects of 25 units or more, and the payment of affordable impact fees for commercial projects, and residential projects of 24 units or less.
2020 – Planning staff consulted with the City Attorney and created application materials and guidelines conforming to Government Code Section 65915, and the latest affordable housing case law. The Affordable Housing Guidelines and Checklist includes the submittal requirements and procedures for review of projects that include affordable housing, and guidance for justification of Waivers without numeric density standards (i.e., Waiver justifications for districts where residential density/intensity is measured using floor area ratio, not dwelling units per acre).

Project Review
The proposed project includes a total of 125 units, 100-percent of which are affordable at the low income and below levels. The applicant is not requesting Waivers or Concessions. As the project would include more than 25 residential housing units, and a Density Bonus pursuant to Government Code Section 65915, and BZO Sections 26 (Density Bonus) and 29 (Affordable Housing), the applicant was required to submit an Affordable Housing Agreement, an Affordable Housing Plan, and Waiver Justifications.

Affordable Housing Agreement
Belmont Zoning Ordinance (BZO) Section 26.9 requires affordable housing agreements to be executed by the City Manager, to the satisfaction of the City Attorney before project approval.

BZO Section 29.85 (b)(2) provides the content for the agreement (see below), and BZO Section (b)(1) requires that the agreement be recorded before approval of a parcel map or final map, or before issuance of building permit, whichever occurs first.

BZO Section 29.8(b) (2) - The affordable housing agreement must specify the number, type, location, size, and phasing of all affordable units, provisions for income certification and screening of potential purchasers or renters of units, and resale control mechanisms, including the financing of ongoing administrative and monitoring costs, consistent with the approved affordable housing plan and any affordable housing guidelines, as determined by the city manager or designee.
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Staff Response. An Affordable Housing Agreement meeting the standards identified in BZO Section 26.9(2) will be submitted to the City Manager and City Attorney. Planning Staff and the City Attorney will review the Agreement for consistency with the proposed Affordable Housing Plan, and BZO Section 29.8(b)(2). A condition of project approval will require the recordation of the Affordable Housing Agreement, prior to issuance of a Building Permit for the project.

Affordable Housing Plan
An affordable housing plan (AHP) means a plan containing all of the information specified in and submitted in conformance with section 29.8(a) specifying the manner in which affordable units will be provided in conformance with this section and the affordable housing guidelines. For the purpose of this project, the AHP is comprised of the project plans.

BZO 29.85(a)(5) - Any affordable housing plan shall be processed concurrently with all other permits required for the development project. Before approving the affordable housing plan, the decision-making body shall find that the affordable housing plan conforms to BZO Section 29.6 (b) (1-3).

Staff Response. The applicant prepared an affordable housing plan that was incorporated into the project plan submittals. The affordable housing plan is evaluated for consistency with BZO Section 29.6 (b) (1-3), as follows:

BZO 29.6 - Provision of Affordable Units
(b) Standards for Affordable Units.
(1) Affordable units must be comparable in exterior appearance and overall quality of construction to market-rate units in the same housing development. Interior finishes and amenities must equal those provided in the base model market-rate units.

Staff Response. Compliant: The project is a 100 percent affordable project to households in the low-income category and below. The design theme is applied consistently throughout all units and elevations. Accordingly, all exterior finishes and amenities are applied equally across all of the units. To ensure that interior finishes are consistent, a project condition of approval will require verification of interior finishes after construction of the project, and before issuance of a certificate of occupancy.
(2) The number of bedrooms in the affordable units must be comparable to the average number of bedrooms in the market-rate units, and the affordable units must be reasonably dispersed within the residential project, with unit locations comparable to those of the market-rate units, or, subject to the approval of the community development director, may be clustered within the residential project when this furthers affordable housing opportunities.

Staff Response. Compliant: The project is generally consistent with the number of bedrooms for affordable units. The project is a 100 percent affordable project to households’ low income and below. The project provides 42 percent of units in the one-bedroom category, 32 percent in the two-bedroom category, and 26 percent as three-bedroom units. One-bedroom units are available to extremely and very low-income households while the majority of three-bedroom units are 223
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available to low-income households. The project does not include bedrooms in market rate units.

Therefore the project’s allocation of bedroom units by income category is acceptable. Further, given that the project is a 100 percent affordable project, units are dispersed throughout the building.

Proposed Unit Mix 30% AMI 50% AMI 80% AMI Subtotal Percent One-Bedroom 36 16 52 42%
Two-Bedroom 6 34 40 32%
Three-Bedroom 5 27 32 26%
Manager’s Unit
(Three-Bedroom)
1 (included in 3-
bd units)
Total 36 27 61 125
Percent 29% 22% 49%
(3) The affordable units must have the same amenities as the market rate units, including the same access to and enjoyment of common open space, parking, storage, and other facilities in the residential project.

Staff Response. Compliant: The project is a 100 percent affordable project. Accordingly, units have the same access to and enjoyment of common open spaces, parking, storage, and other facilities in the residential project.

Density Bonus
Definition
BZO Section 26.5 (a) – defines a density bonus for a housing development as a density increase over the otherwise maximum allowable residential density under the applicable zoning and land use designation on the date the application is deemed complete.

Review Criteria
Government Code Section 65915(b) indicates that local jurisdictions may not impose any maximum density limits at all, and the project is further entitled to receive a maximum height increase of up to three additional stories or 33 feet if a project is a 100 percent affordable project and is located within one-half mile of a major transit stop. The proposed project is a 100 percent affordable project and is within one-half mile of the Belmont Caltrain Station, a major transit stop. For the subject project, the applicant has requested a density bonus of 80 percent above base density, consistent with California Density Bonus Law.

Staff Response. The applicant has submitted a complete application proposing a project that includes 100 percent of units of affordable housing as follows: 29 percent for Extremely LowIncome Households; 22 percent for Very Low-Income households; and 49 percent of LowIncome households. Thus, the applicant is entitled to no maximum density, but has requested an 80 percent density bonus, which equates to 54 additional dwelling units (see discussion below).

Overview
Density bonus and incentive justifications are derived from a hypothetical base project. The plans and materials for the base project establish a fully compliant residential development that includes a specific layout, amenities, and maximum dwelling units per acre. The base project 224
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Density and Bonus Units (1.46 acres)
Density Permitted Per BZO: Base Project Density 66 units Density Bonus of 80 Percent Pursuant to § 65915(f): 118 units Project Density 125 units
Density Bonus Subject to Community Benefit 7 units
A. AHP Submittal Letter
Exhibits:
density bonus are as follows:
standard, unless permitted under State Density Bonus Law. The base project and calculated applicable development standards, without any discretionary permits to waive or modify a (du/ac) for the project site, without any discretionary permits, and fully complied with all Exhibits A). To this end, the base project conformed with the maximum allowable density The applicant submitted base project information in accordance with the City’s Guidelines (see Density Bonus Calculation
also includes a percentage of affordable units that entitle applicants to a state density bonus. 225

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1650 Lafayette Street | Santa Clara, California 95050 | T 408.984.5600 | F 408.984.3111 | www.ROEMcorp.com April 21, 2021

City of Belmont
Planning and Zoning
1 Twin Pines Lane
Belmont, CA 94002
RE: 800-803 Belmont Ave Entitlement Request Resubmittal Dear Carlos,

We are pleased to submit, what we hope to be, our final request for entitlements for a 125-unit affordable rental housing development located at 800-803 Belmont Avenue. As requested, please find the following summary below.

Project History and Summary
ROEM Development Corporation first discovered 803 Belmont in 2016. The owners of 803 Belmont originally were under contract with Summer Hill Homes in 2016, but the development fell through. Then in 2018, they went under contract with Warmington Residential which was also unsuccessful for similar reasons as Summer Hill. In January of 2019, after both other developers pulled out of their contracts, ROEM went under contract for 803 Belmont. In August 2019, ROEM received a 44-day extension to the due diligence period to assure that an old covenant was no longer enforceable. September of that same year, ROEM applied for $6 million of funding from the County of San Mateo and received $250,000. The 803 Belmont site only allowed us to build 75 units. In October, ROEM was able to get under contract with 800 Belmont, adding 50 units to the total project. Due Diligence was finished in December of 2019, but by this time, it was discovered that ROEM would need to get three 60-day and one 9-month extension. 803 Belmont agreed to this extension, but 800 Belmont would not agree to these terms. This forced ROEM to terminate the contract with 800 Belmont. When the City of Belmont discovered this, they called 800 Belmont and informed them that the city wanted affordable housing in the area and pushed for them to renegotiate and find a solution. In February 2020, 800 Belmont agreed to the extensions. In April 2020 ROEM applied for Apple’s Affordable Housing Fund. We requested $10,000,000 to be paid back through residual receipts over a 19- year period. The project was denied financing from Apple.

Project Description:

The 800-803 Belmont Avenue project is located in Belmont, California, San Mateo County. The project site is known as the Bel-Mateo Motel and a vacant parcel with frontage on El Camino Real. The site is situated on two parcels with a combined size of approximately 1.5-acres. The site is within short walking distance (+/-0.5 miles) of the Belmont Caltrain station. The site is zoned Corridor Mixed-Use, allowing up to 90 units per acre when providing community benefits in tandem with the state density bonus. Retail is not required with a conditional use permit.

Onsite amenities will include, but are not limited to the following as required by CTCAC regulations: fitness center, resident club room, homework/computer room, resident services office, and a children’s play structure. The project will have a minimum of 125 units, with the unit breakdown below. There are 159 parking spaces proposed within 3 levels of garage parking.
- 1 Bedroom: 52 units (540 square feet)
- 2 Bedroom: 40 units (815 square feet)
- 3 Bedroom: 33 units (935 square feet) (1 designated manager's unit) 226