Belmont City Council
July 26, 2022

ATTACHMENT G
Standard NPDES Stormwater Permit Provisions
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CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD

SAN FRANCISCO BAY REGION
Standard Provisions and Reporting Requirements
for
NPDES Stormwater Discharge Permits
I. STANDARD PROVISIONS – PERMIT COMPLIANCE
A. Duty to Comply

1. The Permittees (hereinafter individually referred to as Discharger) must comply with all of the terms, requirements, and conditions of this Order.

Any noncompliance constitutes a violation of the Clean Water Act (CWA) and the California Water Code and is grounds for enforcement action; permit termination, revocation and reissuance, or modification; denial of a permit renewal application; or a combination thereof. (40 C.F.R. § 122.41(a); California Water Code, §§ 13261, 13263, 13265, 13000, 13001, 13304, 13350, 13385.)

2. The Discharger shall comply with effluent standards or prohibitions established under Section 307(a) of the CWA for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if this Order has not yet been modified to incorporate the requirement. (40 C.F.R. § 122.41(a)(1).)
B. Need to Halt or Reduce Activity Not a Defense
It shall not be a defense for a Discharger in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this Order. (40 C.F.R. § 122.41(c).)
C. Duty to Mitigate
The Discharger shall take all reasonable steps to minimize or prevent any discharge in violationof this Order that has a reasonable likelihood of adversely affecting human health or the environment. (40 C.F.R. § 122.41(d).)
D. Proper Operation and Maintenance
The Discharger shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Discharger to achieve compliance with the conditions of this Order. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of backup or auxiliary facilities or similar 713
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systems that are installed by a Discharger only when necessary to achieve compliance with theconditions of this Order. (40 C.F.R. § 122.41(e).) E. Property Rights

1. This Order does not convey any property rights of any sort or any exclusive privileges. (40
C.F.R. § 122.41(g).)

2. The issuance of this Order does not authorize any injury to persons or property or invasionof other private rights, or any infringement of state or local law or regulations. (40 C.F.R. §122.5(c).)
F. Inspection and Entry
The Discharger shall allow the Water Board, State Water Board, U.S. EPA, and/or their authorized representatives (including an authorized contractor acting as their representative), upon the presentation of credentials and other documents, as may be requiredby law, to (33 U.S.C. § 1318(a)(4)(B); 40 C.F.R. § 122.41(i); California Water Code, § 13383):

1. Enter upon the Discharger's premises where a regulated facility or activity is located or conducted, or where records are kept under the conditions of this Order (33 U.S.C. § 1318(a)(4)(B)(i); 40 C.F.R. § 122.41(i)(1); California Water Code, § 13383);

2. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this Order (33 U.S.C. § 1318(a)(4)(B)(ii); 40 C.F.R. § 122.41(i)(2); CaliforniaWater Code, §13383);

3. Inspect and photograph, at reasonable times, any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this Order (33 U.S.C. § 1318(a)(4)(B)(ii); 40 C.F.R. § 122.41(i)(3); California Water Code, § 13383); and

4. Sample or monitor, at reasonable times, for the purposes of assuring Order compliance or as otherwise authorized by the CWA or the Water Code, any substances or parameters at any location. (33 U.S.C. § 1318(a)(4)(B); 40 C.F.R. § 122.41(i)(4); California Water Code, § 13383.) G. Bypass

1. Definitions
a. “Bypass” means the intentional diversion of waste streams from any portion of a treatment facility. (40 C.F.R. § 122.41(m)(1)(i).) b. “Severe property damage” means substantial physical damage to property, damage to the treatment facilities, which causes them to become inoperable, or substantial and permanent loss of natural resources that can reasonably be expected to occur inthe absence of a bypass. Severe property damage does not mean economic loss 714
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caused by delays in production. (40 C.F.R. § 122.41(m)(1)(ii).)

2. Bypass not exceeding limitations. The Discharger may allow any bypass to occur which does not cause exceedances of effluent limitations, but only if it is for essential maintenance to assure efficient operation. (40 C.F.R. § 122.41(m)(2).)

3. Prohibition of bypass. Bypass is prohibited, and the Water Board may take enforcement action against a Discharger for bypass, unless (40 C.F.R. § 122.41(m)(4)(i)):
a. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage (40 C.F.R. § 122.41(m)(4)(i)(A)); b. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass that occurred during normal periods of equipment downtime or preventive maintenance (40 C.F.R. § 122.41(m)(4)(i)(B)); and
c. The Discharger submitted notice to the Water Board as required under Standard Provisions notice requirements. (40 C.F.R.§ 122.41(m)(4)(i)(C).)

4. The Water Board may approve an anticipated bypass, after considering its adverse effects, if the Water Board determines that it will meet the three conditions listed in Standard Provisions – Permit Compliance Part I.G.3 above. (40 C.F.R. § 122.41(m)(4)(ii).)
H. Notice
a. Anticipated bypass. If the Discharger knows in advance of the need for a bypass, itshall submit prior notice, if possible at least 10 days before the date of the bypass. The notice shall be sent to the Water Board. As of December 21, 2020, all notices must be submitted electronically to the initial recipient defined in Standard Provisions – Reporting Part V.J of this Attachment G. Notices shall comply with 40 C.F.R. part 3, 40 C.F.R. section 122.22, and 40 C.F.R. part 127. (40 C.F.R. § 122.41(m)(3)(ii).)
b. Unanticipated bypass. The Discharger shall submit notice of an unanticipated bypass as required in Standard Provisions - Reporting Part V.E of this Attachment G(24-hour notice). The notice shall be sent to the Water Board. As of December 21, 2020, all notices must be submitted electronically to the initial recipientdefined in Standard Provisions – Reporting Part V.J of this Attachment G. Notices shall comply with 40 C.F.R. part 3, 40 C.F.R. section 122.22, and 40 715
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C.F.R. part 127.(40 C.F.R. § 122.41(m)(3)(ii).)
I. Upset
Upset means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond thereasonable control of the Discharger. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. (40 C.F.R. § 122.41(n)(1).)

1. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of Standard Provisions – Permit Compliance Part I.H.2 below are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. (40 C.F.R. § 122.41(n)(2).)

2. Conditions necessary for a demonstration of upset. A Discharger who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs or other relevant evidence that (40 C.F.R. § 122.41(n)(3)):
a. An upset occurred and that the Discharger can identify the cause(s) of the upset (40C.F.R. § 122.41(n)(3)(i));
b. The permitted facility was, at the time, being properly operated (40 C.F.R. §122.41(n)(3)(ii));
c. The Discharger submitted notice of the upset as required in Standard Provisions –
Reporting V.E.2.b below (24-hour notice) (40 C.F.R. §
122.41(n)(3)(iii)); and
d. The Discharger complied with any remedial measures required under Standard Provisions – Permit Compliance I.C above. (40 C.F.R. § 122.41(n)(3)(iv).)

3. Burden of proof. In any enforcement proceeding, the Discharger seeking to establish theoccurrence of an upset has the burden of proof. (40 C.F.R. § 122.41(n)(4).)
II. STANDARD PROVISIONS – PERMIT ACTION
A. General
This Order may be modified, revoked and reissued, or terminated for cause.

The filing of a request by the Discharger for modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any Order condition. (40 C.F.R. § 122.41(f).) B. Duty to Reapply
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If the Discharger wishes to continue an activity regulated by this Order after the expiration dateof this Order, the Discharger must apply for and obtain a new permit. (40 C.F.R. § 122.41(b).)
C. Transfers
This Order is not transferable to any person except after notice to the Water Board. The Water Board may require modification or revocation and reissuance of the Order to change the name of the Discharger and incorporate such other requirements as maybe necessary under the CWA and the Water Code. (40 C.F.R. §§ 122.41(l)(3), 122.61.) III. STANDARD PROVISIONS – MONITORING
A. Samples and measurements taken for the purpose of monitoring shall be representative ofthe monitored activity. (40 C.F.R. § 122.41(j)(1).) B. Monitoring must be conducted according to test procedures approved under 40 C.F.R. part 136 for the analyses of pollutants unless another method is required under 40 C.F.R. chapter 1, subchapter N. Monitoring must be conducted according to sufficiently sensitive test methods approved under 40 C.F.R. part 136 for the analysis of pollutants or pollutant parameters or as required under 40 C.F.R. chapter 1, subchapter N. For the purposes of this paragraph, a method is sufficiently sensitive when:

1. The method minimum level (ML) is at or below the level of the most stringent effluent limitation established in the permit for the measured pollutant or pollutant parameter, andeither the method ML is at or below the level of the most stringent applicable water quality criterion for the measured pollutant or pollutant parameter or the method ML is above the applicable water quality criterion but the amount of the pollutant or pollutant parameter in the facility’s discharge is high enough that the method detects and quantifies the level of the pollutant or pollutant parameter in the discharge; or

2. The method has the lowest ML of the analytical methods approved under 40 C.F.R. part 136 or required under 40 C.F.R. chapter 1, subchapter N for the measured pollutant or pollutant parameter.

In the case of pollutants or pollutant parameters for which there are no approved methods under40 C.F.R. part 136 or otherwise required under 40 C.F.R. chapter 1, subchapter N, monitoringmust be conducted according to a test procedure specified in this Order for such pollutants or pollutant parameters. (40 C.F.R. §§ 122.21(e)(3), 122.41(j)(4), 122.44(i)(1)(iv).) IV. STANDARD PROVISIONS – RECORDS
A. The Discharger shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this Order, and records of all data used to complete the application for this Order, 717
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for a period of at least three (3) years from the date of the sample, measurement, report or application. This period may be extended by request of theWater Board Executive Officer or U.S. EPA at any time. (40 C.F.R. § 122.41(j)(2);California Water Code § 13383(a))
B. Records of monitoring information shall include:

1. The date, exact place, and time of sampling or measurements (40 C.F.R. § 122.41(j)(3)(i));

2. The individual(s) who performed the sampling or measurements (40 C.F.R. §122.41(j)(3)(ii));

3. The date(s) analyses were performed (40 C.F.R. § 122.41(j)(3)(iii));

4. The individual(s) who performed the analyses (40 C.F.R. § 122.41(j)(3)(iv));

5. The analytical techniques or methods used (40 C.F.R. § 122.41(j)(3)(v)); and

6. The results of such analyses. (40 C.F.R. § 122.41(j)(3)(vi).) C. Claims of confidentiality for the following information will be denied (40 C.F.R. § 122.7(b)):

1. The name and address of any permit applicant or Discharger (40 C.F.R. § 122.7(b)(1));and

2. Permit applications and attachments, permits and effluent data. (40 C.F.R. § 122.7(b)(2).)
V. STANDARD PROVISIONS – REPORTING
A. Duty to Provide Information
The Discharger shall furnish to the Water Board, State Water Board, or U.S.

EPAwithin a reasonable time, any information which the Water Board, State Water Board, or U.S. EPA may request to determine whether cause exists for modifying, revoking andreissuing, or terminating this Order or to determine compliance with this Order. Upon request, the Discharger shall also furnish to the Water Board, State Water Board, or U.S. EPA copies of records required to be kept by this Order. (40 C.F.R. § 122.41(h); California Water Code, §13383.)
B. Signatory and Certification Requirements

1. All applications, reports, or information submitted to the Water Board, State Water Board, and/or U.S. EPA shall be signed and certified in accordance with Standard Provisions – Reporting Parts V.B.2, V.B.3, V.B.4, V.B.5, and V.B.6 below. (40 C.F.R. § 122.41(k).)

2. All permit applications shall be signed by either a principal executive officer or ranking elected official. For purposes of this provision, a principal executive officer of a federal agency includes: (i) the chief executive officer of the agency, or (ii) a senior executive officer having 718
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responsibility for the overall operations of a principal geographic unit of the agency (e.g., Regional Administrators of U.S. EPA). (40 C.F.R. § 122.22(a)(3)).

3. All reports required by this Order and other information requested by the Water Board, State Water Board, or U.S. EPA shall be signed by a person described in Standard Provisions – Reporting Part V.B.2 above, or by a duly authorized representativeof that person. A person is a duly authorized representative only if:
e. The authorization is made in writing by a person described in Standard Provisions – Reporting V.B.2 above (40 C.F.R. § 122.22(b)(1));
f. The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity such as the position of plant manager, operator of a well or a well field, superintendent, position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.) (40
C.F.R. § 122.22(b)(2)); and
g. The written authorization is submitted to the Water Board and State Water Board. (40 C.F.R. § 122.22(b)(3).)

4. If an authorization under Standard Provisions – Reporting Part V.B.3 above is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of Standard Provisions – Reporting Part V.B.3 above must be submitted to the Water Board and State Water Board prior to or together with any reports, information, or applications, to be signed by an authorized representative. (40 C.F.R. § 122.22(c).)

5. Any person signing a document under Standard Provisions – Reporting Parts V.B.2 or
V.B.3 above shall make the following certification:
“I certify under penalty of law that this document and all attachments were prepared undermy direction or supervision in accordance with a system designed to assure that qualifiedpersonnel properly gather and evaluate the information submitted. Based on my inquiry ofthe person or persons who manage the system or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowingviolations.” (40 C.F.R. § 122.22(d).)
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6. Any person providing the electronic signature for documents described in Standard Provisions – Parts V.B.1, V.B.2, or V.B.3 above that are submitted electronically shall meet all relevant requirements of this Standard Provisions – Reporting Part V.B, and shall ensure that all relevant requirements of 40 C.F.R. part 3 (Cross-Media Electronic Reporting) and 40 C.F.R. part 127 (NPDES Electronic Reporting Requirements) are met for that submission. (40 C.F.R § 122.22(e).) C. Monitoring Reports

1. Monitoring results shall be reported at the intervals specified in the this Order. (40 C.F.R. § 122.41(l)(4).)

2. Monitoring results must be reported on a Discharge Monitoring Report (DMR) form or forms provided or specified by the Water Board or State Water Board. As of December 21, 2020, all reports and forms must be submitted electronically to the initial recipient defined in Standard Provisions – Reporting Part V.J of this Attachment G and comply with 40 C.F.R. part 3, 40 C.F.R. section 122.22, and 40 C.F.R. part 127. (40 C.F.R.
§ 122.41(l)(4)(i).)

3. If the Discharger monitors any pollutant more frequently than required by this Order usingtest procedures approved under 40 C.F.R. part 136, or another method required for an industry-specific waste stream under 40 C.F.R. subchapter N, the results of such monitoring shall be included in the calculation and reporting of the data submitted in the DMR or reporting form specified by the Water Board or State Water Board. (40 C.F.R. § 122.41(l)(4)(ii).)

4. Calculations for all limitations, which require averaging of measurements, shall utilize an arithmetic mean unless otherwise specified in this Order. (40 C.F.R. § 122.41(l)(4)(iii).) D. Compliance Schedules
Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule of this Order, shall be submitted no later than 14 days following each schedule date. (40 C.F.R. § 122.41(l)(5).)
E. Twenty-Four Hour Reporting

1. The Discharger shall report any noncompliance that may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the Discharger becomes aware of the circumstances. A written report shall also be provided within five (5) days of the time the Discharger becomes aware of the circumstances. The written report shall contain a description of the noncompliance and its cause; the period ofnoncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is 720
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expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. (40 C.F.R. § 122.41(l)(6)(i).)
For noncompliance events related to combined sewer overflows, sanitary sewer overflows,or bypass events, these reports must include the data described above (with the exceptionof time of discovery) as well as the type of event (i.e., combined sewer overflow, sanitary sewer overflow, or bypass event), type of overflow structure (e.g., manhole, combined sewer overflow outfall), discharge volume untreated by the treatment works treating domestic sewage, types of human health and environmental impacts of the event, and whether the noncompliance was related to wet weather.

As of December 21, 2020, all reports related to combined sewer overflows, sanitary seweroverflows, or bypass events must be submitted to the Water Board and mustbe submitted electronically to the initial recipient defined in Standard Provisions – Reporting Part V.J of this Attachment G. The reports shall comply with 40 C.F.R. part 3, 40 C.F.R. section 122.22, and 40 C.F.R. part 127. The Water Board may also require the Discharger to electronically submit reports not related to combined sewer overflows, sanitary sewer overflows, or bypass events under this section. (40 C.F.R. § 122.41(l)(6)(i).)

2. The following shall be included as information that must be reported within 24 hours underthis paragraph (40 C.F.R. § 122.41(l)(6)(ii)):
a. Any unanticipated bypass that exceeds any effluent limitation in this Order. (40 C.F.R.
§ 122.41(l)(6)(ii)(A).)
b. Any upset that exceeds any effluent limitation in this Order. (40 C.F.R. § 122.41(l)(6)(ii)(B).)
c. Violation of a maximum daily discharge limitation for any of the pollutants listed by the Water Board in this Order [40 CFR Section (l)(6)(ii)(C) and 122.44(g)].

3. The Water Board may waive the above-required written report under this provision on a case by case basis if an oral report has been received within 24 hours. (40
C.F.R. § 122.41(l)(6)(iii).)
F. Planned Changes
The Discharger shall give notice to the Water Board as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required under this provision only when (40 C.F.R. § 122.41(l)(1)):

1. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR section 122.29(b) (40 C.F.R. § 122.41(l)(1)(i));or
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2. The alteration or addition could significantly change the nature or increase the quantity ofpollutants discharged. This notification applies to pollutants that are not subject to effluent limitations in this Order. (40 C.F.R. § 122.41(l)(1)(ii).)
G. Anticipated Noncompliance
The Discharger shall give advance notice to the Water Board of any planned changes in the permitted facility or activity that may result in noncompliance with this Order’s requirements. (40 C.F.R. § 122.41(l)(2).) H. Other Noncompliance
The Discharger shall report all instances of noncompliance not reported under Standard Provisions – Reporting Parts V.C, V.D, and V.E above at the time monitoring reports are submitted. The reports shall contain the information listed in Standard Provision – Reporting
V.E above. For noncompliance events related to combined sewer overflows, sanitary sewer overflows, or bypass events, these reports shall contain the information described in StandardProvision – Reporting Part V.E above and the applicable required data in appendix A to 40
C.F.R. part 127. The Water Board may also require the Discharger to electronicallysubmit reports not related to combined sewer overflows, sanitary sewer overflows, or bypass events under this section. (40 C.F.R. § 122.41(l)(7).)
I. Other Information
When the Discharger becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Water Board, State Water Board, or U.S.

EPA, the Discharger shall promptly submit such facts or information. (40 C.F.R. § 122.41(l)(8).)
J. Initial Recipient for Electronic Reporting Data
The owner, operator, or the duly authorized representative is required to electronically submit NPDES information specified in appendix A to 40 C.F.R. part 127 to the initial recipient definedin 40 C.F.R. section 127.2(b). U.S. EPA will identify and publish the list of initial recipients on its website and in the Federal Register, by state and by NPDES data group [see 40 C.F.R. section 127.2(c)]. U.S. EPA will update and maintain this listing. (40 C.F.R. § 122.41(l)(9).)
VI. STANDARD PROVISIONS – ENFORCEMENT
A. The Water Board is authorized to enforce the terms of this permit under several provisions of the Water Code, including, but not limited to, sections 13385, 13386, and13387.

B. The CWA provides that any person who violates Section 301, 302, 306, 307, 308, 318 or 405 of the CWA, or any permit condition or limitation implementing any such Sections in a permit issued under Section 402, or any 722
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requirement imposed in a pretreatment program approved under Sections 402(a)(3) or 402(b)(8) of the CWA is subject to a civil penalty not to exceed
$25,000 per day for each violation. The CWA provides that any person who negligently violatesSections 301, 302, 306, 307, 308, 318, or 405 of the CWA, or any condition or limitation implementing any of such Sections in a permit issued under Section 402 of the CWA, or any requirement imposed in a pretreatment program approved under Section 402(a)(3) or 402(b)(8)of the CWA, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than one (1) year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more
than $50,000 per day of violation, or by imprisonment of not more than two (2) years, or both. Any person who knowingly violates such Sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than three (3) years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than six (6) years, or both. Any person who knowingly violates Section 301, 302, 303, 306, 307, 308, 318 or 405 of the CWA, or any permit conditionor limitation implementing any of such Sections in a permit issued under Section 402 of the CWA, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than
$250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in Section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions [40 CFR Section 122.41(a)(2)] [California Water Code Sections 13385 and 13387].

C. Any person may be assessed an administrative penalty by the Water Board for violating Section 301, 302, 306, 307, 308, 318 or 405 of the CWA, or any permit condition or limitation implementing any of such Sections in a permit issued under Section 402 of the CWA. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with themaximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for ClassII violations are not to exceed $10,000 per day for each day during which the violation continues,with the maximum amount of any Class II penalty not to exceed $125,000 [40 CFR Section 122.41(a)(3)].

D. The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be 723
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maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000, or by imprisonment for not more than two (2) years, or both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than four (4) years, or both [40 CFR Section122.41(j)(5)].

E. The CWA provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this Order, including monitoring reports or reports of compliance or noncompliance shall, uponconviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than six months per violation, or by both [40 CFR Section 122.41(k)(2)].

IV. CONTINUATION OF EXPIRED PERMIT
A. This Order continues in force and effect until the effective date of a new permit or the Water Board rescinds this Order. (40 C.F.R. section 122.6(d).) Only those dischargers authorized to discharge under the expiring Order are covered by the continued Order.
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ATTACHMENT H
Provision C.3.j.ii.(2)
Numeric Implementation Retrofit Requirements
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Table H-1. Numeric Retrofit Requirements
County Permittee 2019 US
Census
Bureau
Population
Estimate
MRP 3
Provision
C.3.j
Retrofit
Assignment
(acres)
County
Total
(acres)
Alameda Alameda
77,624

4.66 58.42
Alameda Alameda County
147,218

5.00 Alameda Albany
19,696

1.18 Alameda Berkeley
121,363

5.00 Alameda Dublin
64,826

3.89 Alameda Emeryville
12,086

0.73 Alameda Fremont
241,110

5.00 Alameda Hayward
159,203

5.00 Alameda Livermore
90,189

5.41 Alameda Newark
49,149

2.95 Alameda Oakland
433,031

5.00 Alameda Piedmont
11,135

0.67 Alameda Pleasanton
81,777

4.91 Alameda San Leandro
88,815

5.00 Alameda Union City
74,107

4.45 Contra Costa Antioch
111,502

5.00 57.32
Contra Costa Brentwood
64,474

3.87 Contra Costa Clayton
12,265

0.74 Contra Costa Concord
129,295

5.00 726
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Contra Costa Contra Costa
County
185,589

5.00 Contra Costa Danville
44,510

2.67 Contra Costa El Cerrito
25,508

1.53 Contra Costa Hercules
26,276

1.58 Contra Costa Lafayette
26,638

1.60 Contra Costa Martinez
38,297

2.30 Contra Costa Moraga
17,783

1.07 Contra Costa Oakley
42,543

2.55 Contra Costa Orinda
19,926

1.20 Contra Costa Pinole
19,250

1.16 Contra Costa Pittsburg
72,588

4.36 Contra Costa Pleasant Hill
34,839

2.09 Contra Costa Richmond
110,567

5.00 Contra Costa San Pablo
30,990

1.86 Contra Costa San Ramon
75,995

4.56 Contra Costa Walnut Creek
70,166

4.21 Santa Clara Campbell
41,793

2.51 46.09
Santa Clara Cupertino
59,276

3.56 Santa Clara Los Altos
30,089

1.81 Santa Clara Los Altos Hills
8,423

0.51 Santa Clara Los Gatos
30,222

1.81 Santa Clara Milpitas
84,196

5.00 727
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Santa Clara Monte Sereno
3,427

0.21 Santa Clara Mountain View
82,739

4.96 Santa Clara Palo Alto
65,364

3.92 Santa Clara San Jose
1,021,795

5.00 Santa Clara Santa Clara
130,365

5.00 Santa Clara Santa Clara County
98,110

5.00 Santa Clara Saratoga
30,153

1.81 Santa Clara Sunnyvale
152,703

5.00 San Mateo Atherton
7,137

0.43 43.31
San Mateo Belmont
26,941

1.62 San Mateo Brisbane
4,671

0.28 San Mateo Burlingame
30,889

1.85 San Mateo Colma
1,489

0.20 San Mateo Daly City
106,280

5.00 San Mateo East Palo Alto
29,314

1.76 San Mateo Foster City
33,901

2.03 San Mateo Half Moon Bay
12,932

0.78 San Mateo Hillsborough
11,387

0.68 San Mateo Menlo Park
34,698

2.08 San Mateo Millbrae
22,394

1.34 San Mateo Pacifica
38,546

2.31 San Mateo Portola Valley
4,568

0.27 728
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San Mateo Redwood City
85,925

5.00 San Mateo San Bruno
42,807

2.57 San Mateo San Carlos
30,185

1.81 San Mateo San Mateo
104,430

5.00 San Mateo San Mateo County
64,832

3.89 San Mateo South San
Francisco

67,789

4.07 San Mateo Woodside
5,458

0.33 Solano Fairfield
117,133

5.00 11.78
Solano Suisun City
29,663

1.78 Solano Vallejo
121,692

5.00 Total
5,917,090.00

216.92
Table H-1. The retrofit assignment is three acres per 50,000 population, prorated, with a minimum expectation of 0.20 acres and a maximum expectation of five acres. The population data in this table is from the 2019 U.S. Census Bureau Population Estimate. 729
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ATTACHMENT I
Applicable C.3 Requirements from
Previous Permit, Order No. R2­2015­0049
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C.3. New Development and Redevelopment
C.3.b. Regulated Projects
ii. Regulated Projects are defined in the following categories:
(1) Special Land Use Categories
(a) New Development or redevelopment projects that fall into one of the categories listed below and that create and/or replace 5000 square feet or more of impervious surface (collectively over the entire project site). This category includes development projects of the following four types on public or private land that fall under the planning and building authority of a Permittee:
(i) Auto service facilities, described by the following Standard Industrial Classification (SIC) Codes: 5013, 5014, 5541, 7532- 7534, and 7536-7539;
(ii) Retail gasoline outlets;
(iii) Restaurants (SIC Code 5812); or
(iv) Stand-alone uncovered parking lots and uncovered parking lots that are part of a development project if the parking lot creates and/or replaces 5,000 square feet or more of impervious surface.

This category includes the top uncovered portion of parking structures, unless drainage from the uncovered portion is connected to the sanitary sewer along with the covered portions of the parking structure.
(b) For redevelopment projects in the categories specified in Provision C.3.b.ii.(1)(a)(i)-(iv), specific exclusions are:
(i) Interior remodels; and
(ii) Routine maintenance or repair such as:
· roof or exterior wall surface replacement, and/or
· pavement resurfacing within the existing footprint.
(c) Where a redevelopment project in the categories specified in Provision C.3.b.ii.(1)(a)(i)-(iv) results in an alteration of 50 percent or more of the impervious surface of a previously existing development that was not subject to Provision C.3, the entire project, consisting of all existing, new, and/or replaced impervious surfaces, must be included in the treatment system design (i.e., stormwater treatment systems must be designed and sized to treat stormwater runoff from the entire redevelopment project).
(d) Where a redevelopment project in the categories specified in Provision C.3.b.ii.(1)(a)(i)-(iv) results in an alteration of less than 50 731
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percent of the impervious surface of a previously existing development that was not subject to Provision C.3, only the new and/or replaced impervious surface of the project must be included in the treatment system design (i.e., stormwater treatment systems must be designed and sized to treat stormwater runoff from the new and/or replaced impervious surface of the project).
(2) Other Development Projects
New development projects that create 10,000 square feet or more of impervious surface (collectively over the entire project site) including commercial, industrial, residential housing subdivisions (i.e., detached single-family home subdivisions, multi-family attached subdivisions (town homes), condominiums, and apartments), mixed-use, and public projects. This category includes development projects on public or private land that fall under the planning and building authority of a Permittee.

Detached single-family home projects that are not part of a larger plan of development are specifically excluded.
(3) Other Redevelopment Projects
Redevelopment projects that create and/or replace 10,000 square feet or more of impervious surface (collectively over the entire project site) including commercial, industrial, residential housing subdivisions (i.e., detached single-family home subdivisions, multi-family attached subdivisions (town homes), condominiums, and apartments), mixed-use, and public projects. Redevelopment is any land-disturbing activity that results in the creation, addition, or replacement of exterior impervious surface area on a site on which some past development has occurred. This category includes redevelopment projects on public or private land that fall under the planning and building authority of a Permittee.

Specific exclusions to this category are:

Interior remodels; and
Routine maintenance or repair such as:
roof or exterior wall surface replacement, and/or
pavement resurfacing within the existing footprint.
(a) Where a redevelopment project results in an alteration of 50 percent or more of the impervious surface of a previously existing development that was not subject to Provision C.3, the entire project, consisting of all existing, new, and/or replaced impervious surfaces, must be included in the treatment system design (i.e., stormwater treatment systems must be designed and sized to treat stormwater runoff from the entire redevelopment project).
(b) Where a redevelopment results in an alteration of less than 50 percent of the impervious surface of a previously existing 732
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development that was not subject to Provision C.3., only the new and/or replaced impervious surface of the project must be included in the treatment system design (i.e., stormwater treatment systems must be designed and sized to treat stormwater runoff from the new and/or replaced impervious surface of the project).
(4) Road Projects
Any of the following types of road projects that create 10,000 square feet or more of newly constructed contiguous impervious surface and that fall under the building and planning authority of a Permittee:
(a) Construction of new streets or roads, including sidewalks and bicycle lanes built as part of the new streets or roads.
(b) Widening of existing streets or roads with additional traffic lanes. (i) Where the addition of traffic lanes results in an alteration of more than 50 percent of the impervious surface of an existing street or road within the project that was not subject to Provision C.3, the entire project, consisting of all existing, new, and/or replaced impervious surfaces, shall be included in the treatment system design (i.e., stormwater treatment systems must be designed and sized to treat stormwater runoff from the entire street or road that had additional traffic lanes added). (ii) Where the addition of traffic lanes results in an alteration of less than 50 percent of the impervious surface of an existing street or road within the project that was not subject to Provision C.3, only the new and/or replaced impervious surface of the project must be included in the treatment system design (i.e.,
stormwater treatment systems must be designed and sized to treat stormwater runoff from only the new traffic lanes).

However, if the stormwater runoff from the existing traffic lanes and the added traffic lanes cannot be separated, any onsite treatment system shall be designed and sized to treat stormwater runoff from the entire street or road. If an offsite treatment system is installed or in-lieu fees paid in accordance with Provision C.3.e, the offsite treatment system or in-lieu fees must address only the stormwater runoff from the added traffic lanes. (c) Construction of impervious trails that are greater than 10 feet wide or are creek-side (within 50 feet of the top of bank).
(d) Specific exclusions to Provisions C.3.b.ii.(4)(a)-(c) include the following:
· Sidewalks built as part of new streets or roads and built to direct stormwater runoff to adjacent vegetated areas.
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· Bicycle lanes built as part of new streets or roads but are not hydraulically connected to the new streets or roads and that direct stormwater runoff to adjacent vegetated areas.
· Impervious trails built to direct stormwater runoff to adjacent vegetated areas, or other non-erodible permeable areas, preferably away from creeks or towards the outboard side of levees. · Sidewalks, bicycle lanes, or trails constructed with permeable surfaces.1
· Caltrans highway projects and associated facilities.

C.3.e. Alternative or In-Lieu Compliance with Provision C.3.b. ii. Special Projects
(1) When considered at the watershed scale, certain land development projects characterized as smart growth, high density, or transit-oriented development can either reduce existing impervious surfaces, or create less “accessory” impervious areas and automobile-related pollutant impacts.

Incentive LID Treatment Reduction Credits approved by the Water Board may be applied to these Special Projects, which are Regulated Projects that meet the specific criteria listed below in Provision C.3.e.ii.(2). For any Special Project, the allowable incentive LID Treatment Reduction Credit is the maximum percentage of the amount of runoff identified in Provision C.3.d. for the Special Project’s drainage area, that may be treated with one or a combination of the following two types of non-LID treatment systems:

Tree-box-type high flowrate biofilters
Vault-based high flowrate media filters
The allowed LID Treatment Reduction Credit recognizes that density and space limitations for the Special Projects identified herein may make 100% LID treatment infeasible.
(2) Prior to granting any LID Treatment Reduction Credits, Permittees must first establish all the following:
(a) The infeasibility of treating 100% of the amount of runoff identified in Provision C.3.d for the Regulated Project’s drainage area with LID treatment measures onsite;
(b) The infeasibility of treating 100% of the amount of runoff identified in Provision C.3.d for the Regulated Project’s drainage area with LID treatment measures offsite or paying in-lieu fees to treat 100% of the 1 Permeable surfaces include pervious concrete, porous asphalt, unit pavers, and granular materials. 734
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Provision C.3.d runoff with LID treatment measures at an offsite or Regional Project; and
(c) The infeasibility of treating 100% of the amount of runoff identified in Provision C.3.d for the Regulated Project’s drainage area with some combination of LID treatment measures onsite, offsite, and/or paying in-lieu fees towards at an offsite or Regional Project.

For each Special Project, a Permittee shall document the basis of infeasibility used to establish technical and/or economic infeasibility.

Under Provision C.3.e.vi, each Permittee is required to report on the infeasibility of 100% LID treatment in each scenario described in Provision C.3.e.ii.(2)(a)-(c) above, for each of the Special Projects for which LID Treatment Reduction Credit was applied.
(3) Category A Special Project Criteria
(a) To be considered a Category A Special Project, a Regulated Project must meet all of the following criteria:
(i) Be built as part of a Permittee’s stated objective to preserve or enhance a pedestrian-oriented type of urban design.
(ii) Be located in a Permittee’s designated central business district, downtown core area or downtown core zoning district,
neighborhood business district or comparable pedestrianoriented commercial district, or historic preservation site and/or district.
(iii) Create and/or replace one half acre or less of impervious surface area.
(iv) Include no surface parking, except for incidental surface parking.

Incidental surface parking is allowed only for emergency vehicle access, Americans with Disabilities Act (ADA)
accessibility, and passenger and freight loading zones. (v) Have at least 85% coverage for the entire project site by permanent structures. The remaining 15% portion of the site is to be used for safety access, parking structure entrances, trash and recycling service, utility access, pedestrian connections, public uses, landscaping, and stormwater treatment.
(b) Any Category A Special Project may qualify for 100% LID Treatment Reduction Credit, which would allow the Category A Special Project to treat up to 100% of the amount of runoff identified in Provision C.3.d. for the Project’s drainage area with either one or a combination of the two types of non-LID treatment systems listed in Provision C.3.e.ii.(1) above.
(4) Category B Special Project Criteria
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(a) To be considered a Category B Special Project, a Regulated Project must meet all of the following criteria:
(i) Be built as part of a Permittee’s stated objective to preserve or enhance a pedestrian-oriented type of urban design.
(ii) Be located in a Permittee’s designated central business district, downtown core area or downtown core zoning district,
neighborhood business district or comparable pedestrianoriented commercial district, or historic preservation site and/or district.
(iii) Create and/or replace greater than one-half acre but no more than 2 acres of impervious surface area.
(iv) Include no surface parking, except for incidental surface parking.

Incidental surface parking is allowed only for emergency vehicle access, ADA accessibility, and passenger and freight loading zones.
(v) Have at least 85% coverage for the entire project site by permanent structures. The remaining 15% portion of the site is to be used for safety access, parking structure entrances, trash and recycling service, utility access, pedestrian connections, public uses, landscaping, and stormwater treatment.
(b) For any Category B Special Project, the maximum LID Treatment Reduction Credit allowed is determined based on the density achieved by the Project in accordance with the criteria listed below. Density is expressed in Floor Area Ratios (FARs2
) for commercial development
projects, in Dwelling Units per Acre (DU/Ac) for residential development projects, and in FARs and DU/Ac for mixed-use development projects.
(i) 50% Maximum LID Treatment Reduction Credit
· For any commercial Category B Special Project with an FAR of at least 2:1, up to 50% of the amount of runoff identified in Provision C.3.d. for the Project’s drainage area may be treated with either one or a combination of the two types of non-LID treatment systems listed in Provision C.3.e.ii.(1) above. · For any residential Category B Special Project with a gross density3 of at least 50 DU/Ac, up to 50% of the amount of runoff identified in Provision C.3.d. for the Project’s drainage area may be treated with either one or a combination of the 2 Floor Area Ratio – The ratio of the total floor area on all floors of all buildings at a project site (except structures, floors, or floor areas dedicated to parking) to the total project site area. 3 Gross Density – The total number of residential units divided by the acreage of the entire site area, including land occupied by public right-of-ways, recreational, civic, commercial and other non-residential uses. 736
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two types of non-LID treatment systems listed in Provision C.3.e.ii.(1) above.
· For any mixed use Category B Special Project with an FAR of at least 2:1 or a gross density of at least 50 DU/Ac, up to 50% of the amount of runoff identified in Provision C.3.d. for the Project’s drainage area may be treated with either one or a combination of the two types of non-LID treatment systems listed in Provision C.3.e.ii.(1) above.
(ii) 75% Maximum LID Treatment Reduction Credit
· For any commercial Category B Special Project with an FAR of at least 3:1, up to 75% of the amount of runoff identified in Provision C.3.d. for the Project’s drainage area may be treated with either one or a combination of the two types of non-LID treatment systems listed in Provision C.3.e.ii.(1) above. · For any residential Category B Special Project with a gross density of at least 75 DU/Ac, up to 75% of the amount of runoff identified in Provision C.3.d. for the Project’s drainage area may be treated with either one or a combination of the two types of non-LID treatment systems listed in Provision C.3.e.ii.(1) above.
· For any mixed use Category B Special Project with an FAR of at least 3:1 or a gross density of at least 75 DU/Ac, up to 75% of the amount of runoff identified in Provision C.3.d. for the Project’s drainage area may be treated with either one or a combination of the two types of non-LID treatment systems listed in Provision C.3.e.ii.(1) above.
(iii) 100% Maximum LID Treatment Reduction Credit
· For any commercial Category B Special Project with an FAR of at least 4:1, up to 100% of the amount of runoff identified in Provision C.3.d. for the Project’s drainage area may be treated with either one or a combination of the two types of non-LID treatment systems listed in Provision C.3.e.ii.(1) above.
· For any residential Category B Special Project with a gross density of at least 100 DU/Ac, up to 100% of the amount of runoff identified in Provision C.3.d. for the Project’s drainage area may be treated with either one or a combination of the two types of non-LID treatment systems listed in Provision C.3.e.ii.(1) above.
· For any mixed use Category B Special Project with an FAR of at least 4:1 or a gross density of at least 100 DU/Ac, up to 737
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100% of the amount of runoff identified in Provision C.3.d. for the Project’s drainage area may be treated with either one or a combination of the two types of non-LID treatment
systems listed in Provision C.3.e.ii.(1) above.
(5) Category C Special Project Criteria (Transit-Oriented Development) (a) Transit-Oriented Development refers to the clustering of homes, jobs, shops and services in close proximity to rail stations, ferry terminals or bus stops offering access to frequent, high-quality transit services.

This pattern typically involves compact development and a mixing of different land uses, along with amenities like pedestrian-friendly streets. To be considered a Category C Special Project, a Regulated Project must meet all of the following criteria:
(i) Be characterized as a non-auto-related land use project. That is, Category C specifically excludes any Regulated Project that is a stand-alone surface parking lot; car dealership; auto and truck rental facility with onsite surface storage; fast-food restaurant, bank or pharmacy with drive-through lanes; gas station, car wash, auto repair and service facility; or other auto-related project unrelated to the concept of Transit-Oriented
Development.
(ii) If a commercial development project, achieve at least an FAR of 2:1.
(iii) If a residential development project, achieve at least a gross density of 25 DU/Ac.
(iv) If a mixed use development project, achieve at least an FAR of 2:1 or a gross density of 25 DU/Ac.
(b) For any Category C Special Project, the total maximum LID Treatment Reduction Credit allowed is the sum of three different types of credits that the Category C Special Project may qualify for, namely: Location, Density and Minimized Surface Parking Credits. (c) Location Credits
(i) A Category C Special Project may qualify for the following Location Credits:
a. 50% Location Credit: Located within a ¼ mile radius of an existing or planned transit hub.
b. 25% Location Credit: Located within a ½ mile radius of an existing or planned transit hub.
c. 25% Location Credit: Located within a planned Priority Development Area (PDA), which is an infill development
area formally designated by the Association of Bay Area 738
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Government’s / Metropolitan Transportation Commission’s FOCUS regional planning program. FOCUS is a regional
incentive-based development and conservation strategy for the San Francisco Bay Area.
(ii) Only one Location Credit may be used by an individual Category C Special Project, even if the project qualifies for multiple Location Credits.
(iii) At least 50% or more of a Category C Special Project’s site must be located within the ¼ or ½ mile radius of an existing or planned transit hub to qualify for the corresponding Location Credits listed above. One hundred percent of a Category C Special Project’s site must be located within a PDA to qualify for the corresponding Location Credit listed above.
(iv) Transit hub is defined as a rail, light rail, or commuter rail station, ferry terminal, or bus transfer station served by three or more bus routes (i.e., a bus stop with no supporting services does not qualify). A planned transit hub is a station on the MTC’s Regional Transit Expansion Program list, per MTC’s Resolution 3434 (revised April 2006), which is a regional priority funding plan for future transit stations in the San Francisco Bay Area.
(d) Density Credits: To qualify for any Density Credits, a Category C Special Project must first qualify for one of the Location Credits listed in Provision C.3.e.ii.(5)(c) above.
(i) A Category C Special Project that is a commercial or mixed-use development project may qualify for the following Density Credits:
a. 10% Density Credit: Achieve an FAR of at least 2:1.
b. 20% Density Credit: Achieve an FAR of at least 4:1.
c. 30% Density Credit: Achieve an FAR of at least 6:1.
(ii) A Category C Special Project that is a residential or mixed-use development project may qualify for the following Density Credits:
a. 10% Density Credit: Achieve a gross density of at least 30 DU/Ac.
b. 20% Density Credit: Achieve a gross density of at least 60 DU/Ac.
c. 30% Density Credit: Achieve a gross density of at least 100 DU/Ac.
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(iii) Commercial Category C Projects do not qualify for Density Credits based on DU/Ac and residential Category C Projects do not qualify for Density Credits based on FAR. Mixed use Category C Projects may use Density Credits based on either DU/Ac or FAR, but not both.
(iv) Only one Density Credit may be used by an individual Category C Special Project, even if the project qualifies for multiple Density Credits.
(e) Minimized Surface Parking Credits: To qualify for any Minimized Surface Parking Credits, a Category C Special Project must first qualify for one of the Location Credits listed in Provision C.3.e.ii.(5)(c) above.
(i) A Category C Special Project may qualify for the following Minimized Surface Parking Credits:
a. 10% Minimized Surface Parking Credit: Have 10% or less of the total post-project impervious surface area dedicated to at-grade surface parking. The at-grade surface parking must be treated with LID treatment measures.
b. 20% Minimized Surface Parking Credit: Have no surface parking except for incidental surface parking. Incidental surface parking is allowed only for emergency vehicle
access, ADA accessibility, and passenger and freight
loading zones.
(ii) Only one Minimized Surface Parking Credit may be used by an individual Category C Special Project, even if the project qualifies for multiple Minimized Surface Parking Credits. (6) Any Regulated Project that meets all the criteria for multiple Special Projects Categories (i.e., a Regulated Project that may be characterized as a Category B or C Special Project) may only use the LID Treatment Reduction Credit allowed under one of the Special Projects Categories (i.e., a Regulated Project that may be characterized as a Category B or C Special Project may use the LID Treatment Reduction Credit allowed under Category B or Category C, but not the sum of both.). iii. Implementation Level
(1) Provisions C.3.e.i-ii supersede any Alternative Compliance Policies previously approved by the Executive Officer.
(2) The definitions of FAR and gross density applicable to Provisions C.3.e.ii.(4) and (5) are effective July 1, 2022, and shall apply to all Special Projects granted final discretionary approval on or after July 1, 2022. 740
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(3) For all offsite projects and Regional Projects installed in accordance with Provision C.3.e.i-ii, the Permittees shall meet the Operation & Maintenance (O&M) requirements of Provision C.3.h.
iv. Reporting – Annual reporting shall be done in conjunction with reporting requirements under Provision C.3.b.iv.(2).

Any Permittee choosing to require 100% LID treatment onsite for all Regulated Projects and not allow alternative compliance under Provision C.3.e, shall include a statement to that effect in each Annual Report. v. Reporting on Special Projects
(1) Permittees shall track any identified potential Special Projects, including those projects that have submitted planning applications but that have not received final discretionary approval.
(2) In each Annual Report, Permittees shall report to the Water Board on these tracked potential Special Projects using Table 3.1 found at the end of Provision C.3. All the required column entry information listed in Table

3.1 shall be reported for each potential Special Project. Any Permittee with no Special Projects shall so state.

For each Special Project listed in Table 3.1, Permittees shall include a narrative discussion of the feasibility or infeasibility of 100% LID treatment onsite, offsite, and at a Regional Project. The narrative discussion shall address each of the following:
(a) The infeasibility of treating 100% of the amount of runoff identified in Provision C.3.d for the Regulated Project’s drainage area with LID treatment measures onsite.
(b) The infeasibility of treating 100% of the amount of runoff identified in Provision C.3.d for the Regulated Project’s drainage area with LID treatment measures offsite or paying in-lieu fees to treat 100% of the Provision C.3.d runoff with LID treatment measures at a Regional Project.
(c) The infeasibility of treating 100% of the amount of runoff identified in Provision C.3.d for the Regulated Project’s drainage area with some combination of LID treatment measures onsite, offsite, and/or paying in-lieu fees towards a Regional Project.

Both technical and economic feasibility or infeasibility shall be discussed, as applicable. The discussion shall also contain enough technical and/or economic detail to document the basis of infeasibility used. (3) Once a Special Project has final discretionary approval, it shall be reported in the Provision C.3.b. Reporting Table in the same reporting year that the project was approved. In addition to the column entries contained in the Provision C.3.b. Reporting Table, the Permittees shall provide the following supplemental information for each approved Special Project:
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(a) Submittal Date: Date that a planning application for the Special Project was submitted.
(b) Description: Type of project, number of floors, number of units (commercial, mixed-use, residential), type of parking, and other relevant information.
(c) Site Acreage: Total site area in acres.
(d) Gross Density in DU/Ac: Number of dwelling units per acre. (e) Density in FAR: Floor Area Ratio.
(f) Special Project Category: For each applicable Special Project Category, list the specific criteria applied to determine applicability.

For each non-applicable Special Project Category, indicate n/a. (g) LID Treatment Reduction Credit: For each applicable Special Project Category, state the maximum total LID Treatment Reduction Credit applied. For Category C Special Projects also list the individual Location, Density, and Minimized Surface Parking Credits applied. (h) Stormwater Treatment Systems: List all proposed stormwater treatment systems and the corresponding percentage of the total amount of runoff runoff identified in Provision C.3.d. for the Project’s drainage area that will be treated by each treatment system. (i) List of Non-LID Stormwater Treatment Systems: List all non-LID stormwater treatment systems approved. For each type of non-LID treatment system, indicate: (1) the percentage of the total amount of runoff identified in Provision C.3.d. for the Special Project's drainage area, and (2) whether the treatment system either meets minimum design criteria published by a government agency or received certification issued by a government agency, and reference the applicable criteria or certification.

C.3.i. Required Site Design Measures for Small Projects and Detached Single-Family Home Projects
i. Task Description – The Permittees shall require all development projects, which create and/or replace > 2,500 ft2to < 10,000 ft2 of impervious surface, and detached single-family home projects,4 which create and/or replace 2,500 square feet or more of impervious surface, to install one or more of the following site design measures:
· Direct roof runoff into cisterns or rain barrels for reuse. 4 Detached single-family home project – The building of one single new house or the addition and/or replacement of impervious surface to one single existing house, which is not part of a larger plan of development.
742
Municipal Regional Stormwater Permit NPDES Permit No. CAS612008 Order No. R2-2022-2018 Attachment I
Attachment I - 14
· Direct roof runoff onto vegetated areas.
· Direct runoff from sidewalks, walkways, and/or patios onto vegetated areas. · Direct runoff from driveways and/or uncovered parking lots onto vegetated areas.
· Construct sidewalks, walkways, and/or patios with permeable surfaces.1 · Construct bike lanes, driveways, and/or uncovered parking lots with permeable surfaces.1
This provision applies to all development projects that require approvals and/or permits issued under the Permittees’ planning, building, or other comparable authority.
ii. Reporting – On an annual basis, discuss the implementation of the requirements of Provision C.3.i, including ordinance revisions, permit conditions, development of standard specifications and/or guidance materials, and staff training.
743

Task Order for CCN 579 - San Juan Pump Station Slope Repair Project - Staff Report.docx

STAFF REPORT
Meeting Date: July 26, 2022
Agency: City of Belmont
Staff Contact: Nima Mazhari, Public Works, [email protected], (650) 730-5706 Agenda Title: Task Orders for CCN 579 – San Juan Pump Station Slope Repair Project Agenda Action: Resolution
Recommendation
Adopt a resolution 1) authorizing the City Manager to execute a Task Order with Atlas Technical Consultants LLC (Atlas) to provide geotechnical and structural construction support services for the San Juan Pump Station Slope Repair Project for an amount not to exceed $15,000, and 2) authorizing the City Manager to execute a Task Order with Moore Iacofano Goltsman, Inc. (MIG) to provide environmental construction support services for the San Juan Pump Station Slope Repair Project for an amount not to exceed $38,880.

Strategic Focus Area
Infrastructure and Mobility
Background
On February 2019, during a period of prolonged and intense rainfall, 1,200 square feet of the East Laurel Creek bank below the San Juan Pump Station failed. The bank became saturated and one tree that was helping to stabilize the slope was uprooted. The slope has been tarped since the incident to avoid further slippage. The creek bank adjacent to the pump station is steeply sloped along the edge of the pump station.

Subsequent to the slope failure, staff had negotiated a task order with Atlas and another task order with MIG to develop the plans and specifications for the project. The plans and specifications were recently approved and coordinated with the Regional Water Quality Control Board, Army Corps of Engineers and the California Department of Fish and Wildlife for the slope stabilization.

In February 2022, Council authorized the City Manager to execute a contract to the lowest responsible bidder for an amount not to exceed $275,000 plus a 15% contingency. This council action was only for the construction related costs and did not include construction management consultant costs during the construction period, thus the need for council to approve these added task orders as the original authorized costs will be exceeded. After this project is awarded to the lowest responsible bidder, City staff recommends using the design geotechnical engineering consultant (Atlas) to provide assistance for the geotechnical and structural construction activities. City staff also recommends using the design biological resources consultant (MIG) to provide monitoring and reporting assistance before, during, and after construction related environmental work per the permit requirements. 744

Task Order for CCN 579 - San Juan Pump Station Slope Repair Project - Staff Report.docx Analysis
The proposed slope stabilization project includes shoring and restoration of an approximately 60-footlong section of the East Laurel Creek bank/slope adjacent to the San Juan Sewer Pump Station. To stabilize the bank and protect the pump station site, the project will install a retaining wall, recontour the bank, and the asphalt surface will be configured to drain away from the bank to the existing catch basins.

Staff has negotiated a task order with (1) Atlas to provide construction support for geotechnical services during the course of construction for the San Juan Pump Station Slope Repair Project. The scope of work includes the following major items:
• Bid and Construction Support Services;
o Preparation of any needed addendums
o Attendance at meetings, site inspections
o Review of contractor submittals and request for information and preparation of any needed changes orders.
• Preparation of As-Built record drawings in AutoCAD
Additionally, staff has negotiated a task order with (2) MIG, Inc. to provide construction support for environmental services during the course of construction for the San Juan Pump Station Slope Repair Project. The scope of work includes the following major items:
• Prepare and Conduct Biological Training Program
• Preparation of Wildlife Exclusion Fencing Plan
• Perform pre-construction survey and habitat assessment of protected species • Perform Biological and Archeological Construction Monitoring • Preparation of Post-Construction and As-Built Reports Alternatives

1. Take no action.

2. Refer back to staff for more information.

Attachments
A. Resolution
Fiscal Impact
☐ No Fiscal Impact
☒ Funding Source Confirmed:

The two task orders, totaling an amount not to exceed $53,880, have been budgeted in the Sewer Collections Fund, Project 7036, Account 503-3-730-7036-8331 San Juan Pump Station Slide Repair.

Source: Purpose: Public Outreach:

Staff Statutory/Contractual Requirement Posting of Agenda 745

RESOLUTION NO. 2022 –
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELMONT 1)

AUTHORIZING THE CITY MANAGER TO EXECUTE A TASK ORDER WITH

ATLAS TECHNICAL CONSULTANTS LLC TO PROVIDE GEOTECHNICAL AND

STRUCTURAL CONSTRUCTION SUPPORT SERVICES FOR AN AMOUNT NOT TO EXCEED $15,000, AND 2) AUTHORIZING THE CITY MANAGER TO EXECUTE A TASK ORDER WITH MOORE IACOFANO GOLTSMAN, INC. TO PROVIDE

CONSTRUCTION SUPPORT SERVICES FOR THE SAN JUAN PUMP STATION SLOPE REPAIR PROJECT FOR AN AMOUNT NOT TO EXCEED $38,880 WHEREAS, Atlas Technical Consultants LLC was selected to provide the City with on-call geotechnical design services; and,
WHEREAS, Moore Iacofano Goltsman Inc., was selected to provide the City with oncall environmental services; and, WHEREAS, it is recommended to install a retaining wall, recontour the bank, and plant native, riparian vegetation in the repair area; and,
WHEREAS, the total estimate for the construction support services is $53,880 and will be funded from Account 503-3-730-7036-8331 San Juan Pump Station Slide Repair.

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 Atlas Technical Consultants LLC for the construction support services for the San Juan Pump Station Slope Repair Project for an amount not to exceed $15,000.

SECTION 2. The City Manager is authorized to negotiate and execute a Task Order with Moore Iacofano Goltsman Inc. for the construction support services for the San Juan Pump Station Slope Repair Project for an amount not to exceed $38,880. * * *
746

ADOPTED July 26, 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
747

RPLG Labor Relations TO Amend -Staff Report

STAFF REPORT
Meeting Date: July 26, 2022
Agency: City of Belmont
Staff Contact: Laura Kirby, Acting Human Resources Director, [email protected] Agenda Title: Labor Relations Consulting Services
Agenda Action: Resolution
Recommendation
Adopt a resolution authorizing the City Manager to execute an amendment to Task Order No. 2 with Renne Public Law Group (RPLG) to provide labor relations consulting services in an amount of $80,000 for a total not-to-exceed amount of $130,000.

Strategic Focus Area
Fiscal and Organizational Sustainability
Background
The City issued Task Order No. 2 to Renne Public Law Group (RPLG) to provide advice and assistance with labor negotiations in fiscal years 2021 and 2022 and associated employer-employee relations in an amount not-to-exceed $50,000.

Analysis
RPLG served as the City’s lead negotiator in the labor contract negotiations that concluded in fiscal year 2022 with the Belmont Police Officer’s Association (BPOA), American Federation of State, County and Municipal Employees (AFSCME), and Mid Management Confidential Employees Association (MMCEA). The negotiation services needed to successfully complete these labor contract negotiations exceeded the amount initially executed by approximately $40,000.

Additional services are anticipated to implement the negotiated Memorandum of Understandings (MOU’s) between the City and the labor unions. Staff is requesting that the City Council authorize an amendment to Task Order No. 2 in an amount of $80,000, for a total not-to-exceed amount of $130,000, which will encompass work to date as well as any additional services needed to implement the MOU’s.

Alternatives

1. Solicit services from an alternative firm.

2. Take no action.

Attachments
A. Scope of Services
Fiscal Impact
748

RPLG Labor Relations TO Amend -Staff Report
☐ No Fiscal Impact
☒ Funding Source Confirmed:

There are funds available in the General Fund under the Human Resources department (Account 101-1-401-8351) in the current fiscal year budget that is anticipated to be sufficient for this purpose.

Source: Purpose: Public Outreach:

Staff Discretionary Action Posting of Agenda
749

RESOLUTION NO. 2022 –

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELMONT

AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO TASK ORDER NO. 2 OF THE MASTER LEGAL SERVICE AGREEMENT WITH RENNE PUBLIC LAW GROUP (RPLG) FOR $80,000, FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $130,000
WHEREAS, The City initiated a task order to its Master Services Agreement with Renne Public Law Group for employer-employee relations in April 2022; and, WHEREAS, Additional consultation services are required of RPLG to facilitate negotiated contract provisions and ongoing labor relations issues; and, WHEREAS, City Council approval is required to encumber additional funds necessary to utilize the RPLG consulting services.

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

SECTION 1. The City Manager is authorized to execute an amendment to Task Order No. 2 with RPLG in amount not to exceed $130,000.
* * *
ADOPTED July 26, 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
750

PTSC Update & Recommended Improvements for Parking Restrictions - Staff Report

STAFF REPORT
Meeting Date: July 26, 2022
Agency: City of Belmont
Staff Contact: Elizabeth Wada, Public Works, (650) 595-7486, [email protected] Agenda Title: Recommended Parking Changes at Various Locations Agenda Action: Resolution
Recommendation
Adopt a resolution approving the establishment of 1) no parking zones(red zones) along Academy Avenue and Court and 2) passenger pick up and drop off zone (white zone) in front of 1314 Old County Road.

Strategic Focus Area
Infrastructure and Mobility
Background
The Parking and Traffic Safety Committee (PTSC) received the following requests from the members of the community:

Academy Ave: The upper portion Academy Ave and Court consists of one-way streets and hairpin turns.

A request was received to paint red curb in front of 1312 Academy Ave so that emergency vehicles have safer traffic flow and access to the properties along Academy at the tight turns. 1314 Old County Road: There is limited parking and no pedestrian crosswalks to access the business (San Carlos Children’s Theatre) located at 1314 Old County Road. The theatre offers morning and afterschool programs, therefore triggering a request for a passenger (white curb) loading zone for the safety of the children being dropped off to attend classes.

Residents and businesses within a 300-foot radius of the requests were notified of and invited to the PTSC meeting held on June 23, 2022. No objections were received before or at the meeting to the proposed changes.

Analysis
Staff performed an investigation and reviewed existing traffic and parking pattern in the subject neighborhoods. The main concerns were to balance elimination of the parking with traffic safety and parking needs for the neighborhoods. It was determined that the establishment of a “No Parking” zone along Academy Ave. and Ct. will be sufficient to ensure that emergency vehicle access is improved and at the same time providing spaces for neighbors to park. Additionally, the creation of the passenger loading zone provides a safe drop off zone for the activities at the fronting business. The PTSC recommends approval of the parking changes per below exhibits.
751

PTSC Update & Recommended Improvements for Parking Restrictions - Staff Report Academy Ave: Paint red curb along Academy Ave at the locations shown in Figure 1 below.

Figure 1: Academy Ave red curb locations
1314 Old County Road: Paint white curb (loading zone) and install signage at the red boxed location shown in Figure 2 below.

Figure 2: Location of new white curb (loading zone)
The Public Works Department has an operational budget for these types of requests, so no additional funds 752

PTSC Update & Recommended Improvements for Parking Restrictions - Staff Report are needed for the work that would be completed by the City forces.

Alternatives

1. Take no action

2. Refer to staff for further information
Attachments
A. Resolution
Fiscal Impact
☐ No Fiscal Impact
☒ Funding Source Confirmed: Expenditures have been incorporated in the Street Maintenance Fund for the PTSC recommended improvements.

Source: Purpose: Public Outreach:

Staff Discretionary Action Other*
*Notices were sent out to residents and businesses within a 300’ radius of the proposed changes regarding the items being on the PTSC agenda. The public PTSC meeting was also listed on the City’s website Calendar events and City Manager’s Weekly Update.
753

RESOLUTION NO. 2022 –

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELMONT

APPROVING ESTABLISHMENT OF NO PARKING ZONES ALONG ACADEMY

AVENUE AND PAINTING WHITE CURB (LOADING ZONE) AND INSTALLING SIGNAGE IN FRONT OF 1314 OLD COUNTY ROAD (SAN CARLOS CHILDREN’S THEATRE).

WHEREAS, the Parking and Traffic Safety Committee (PTSC) received a request to establish no parking zones along Academy Ave; and,
WHEREAS, the PTSC received a request to establish loading zone (white curb) and install signage in front of 1314 Old County Road; and,
WHEREAS, residents and businesses within a 300-foot radius of the requests were notified of and invited to the PTSC meeting held on June 23, 2022.

WHEREAS, the PTSC recommends to establish no parking zones along Academy Ave; and,
WHEREAS, the PTSC recommends to paint white curb and install signage in front of 1314 Old County Road; and,
NOW, THEREFORE, the City Council of the City of Belmont resolves as follows:

SECTION 1. Approves establishment of a no parking zones along Academy Ave as shown in Figure 1 of the staff report.

SECTION 2. Approves painting the existing curb white and installing signage in front of 1314 Old County Road as shown in Figure 2 of the staff report. * * *
ADOPTED July 26, 2022 by the City of Belmont City Council by the following vote:

Ayes:

Noes:

Absent:

Abstain:
754

ATTEST:

City Clerk Mayor
APPROVED AS TO FORM:

City Attorney
755

STAFF REPORT
Meeting Date: July 26, 2022
Agency: City of Belmont
Staff Contact: Grace Castaneda, Finance Director, [email protected] Jennifer Rose, Housing, Economic Development, Finance Manager, [email protected]
Karen Clark, Administrative Assistant, [email protected] Agenda Title: Locally Controlled Hotel Guest Tax Measure Agenda Action: Resolution
Recommendation

1. Adopt a resolution calling a municipal election on a measure increasing the hotel room tax by updating the rate to 14% of the rent paid by the guest; and,

2. Designate by motion a subcommittee of two council members to prepare the written argument in favor and rebuttal.

Strategic Focus Area
Fiscal and Organizational Sustainability
Background
The Belmont City Council has identified long-term financial stability as a City-wide strategic focus area.

The City continues to evaluate existing revenue sources and explore opportunities to diversify new potential sources of locally-controlled revenue that can support critical City services such as fixing potholes, repairing streets and sidewalks, maintaining 9-1-1 emergency response times, keeping public areas healthy safe and clean, and maintaining senior services.

Over the last year, the City has engaged over 1,000 residents through Your Voice, Your Belmont and residents have told us they want more local control over local funds so Belmont can be self-reliant into the future and keep tax dollars here in Belmont. The funding from this proposed hotel tax could not be taken by Sacramento.

Residents also identified funding priorities including fixing potholes and repairing streets and sidewalks, maintaining 9-1-1 emergency response times, keeping public areas healthy safe and clean and maintaining senior services including health, nutrition and transportation programs.

Due to recent changes in state law, Belmont lost nearly $2 million and delays to Ralston Road improvements, other street repairs and fixing potholes will need to be delayed without additional local funding.

A local hotel tax is also part of the City’s design and plan to reduce the impact on local taxpayers and allows visitors to Belmont to pay their fair share for City services so that residents do not have to shoulder

Locally Controlled Hotel Guest Tax Measure - Staff Report 756
all of the costs.

Belmont City Code Section 23-65 requires hotel guests and individuals renting all or portions of private residents for less than 30 days (e.g. short-term rentals through AirBnB, VRBO, etc.) to pay a transient occupancy tax (TOT) equal to 12% of the rent paid by the guest. The current TOT rate was approved by 75% of Belmont voters in the November 2018 general election. As a general tax, the rate can only be increased via a ballot measure approved by a majority of Belmont voters.

Before the COVID-19 pandemic, TOT generated nearly $4 million in locally controlled General Fund revenue annually, with 99% coming from Belmont’s ten hotels and the remainder coming from private residences renting out properties.

TOT rates in San Mateo County currently range from 12% to a high of 15%. Belmont and at least one other city in San Mateo County is currently considering a ballot measure for November that would increase their TOT rates to 14%. The table below shows current and proposed rates in San Mateo County:
(1) San Carlos rate will automatically increase to 14% on 1/1/2023 (2) Millbrae considering a municipal election November 2022 to increase from 12% to 14% The City Council conducted a study session on May 10, 2022, to consider the proposed rate and fiscal impact of a TOT update and directed staff to proceed with implementation of a tax measure pending completion of a community opinion survey. The City engaged Godbe Research to conduct a public opinion survey to gauge local resident receptivity to increasing the TOT rates charged to visitors to the City of

Locally Controlled Hotel Guest Tax Measure - Staff Report

10.0% 11.0% 12.0% 13.0% 14.0% 15.0%
Redwood City
Pacifica
Menlo Park
Foster City
East Palo Alto
Burlingame
Daly City
Belmont
Millbrae (2)
San Carlos (1)
South SF
San Mateo
San Bruno
Brisbane
Half Moon Bay
Transient Occupancy Tax Rates in San Mateo County
757
Belmont. The survey was conducted in June 2022 using a sample of likely November 2022 voters and, among other things, asked respondents about their potential interest in a 2% TOT increase and local priorities. Overall, the survey results indicated solid community support at 72%, above the margin of error, of a general-purpose transient occupancy tax increase to 14%. A report of the key survey findings can be found on the City website at www.belmont.gov/TOTupdate.

Analysis
The proposed ballot measure includes the following key components:
• Increase the local transient occupancy tax from 12% of the amount paid by the hotel guest to 14%. • All funds generated by the increase would be placed in the City's General fund to be used for unrestricted general revenue purposes, including street, sidewalk and pothole repairs, 9-1-1 emergency response times and crime prevention, keeping public areas healthy, safe and clean, and maintaining senior services.
• This measure would give Belmont local control over local funds for local needs – requiring local tax dollars to be spent for Belmont residents and not taken by Sacramento. • This tax is only paid by hotel and other lodging facility guests, not Belmont residents who are not staying in hotels or short-term rentals, which reduces the impact on local taxpayers, so they do not shoulder all of the cost and allows visitors to pay their fair share for services.

While Belmont’s TOT generated nearly $4 million in General Fund revenue before the COVID-19 pandemic, the pandemic continues to impact the travel and tourism industry and corresponding TOT revenue. As reflected in the FY 2023 budget, the General Fund balance is projected to fall by $4.3 million over the next five years, representing a 25% reduction in available fund balance. Increasing the rate to 14% would generate an anticipated $0.6 million annually in additional General Fund revenue based on pre-pandemic TOT collection levels.

Public Outreach
At the direction of the City Council, staff has provided information pertaining to the TOT update directly to hotel operators and has shared information with the Belmont and San Mateo County Chambers of Commerce. After the municipal election is scheduled, the City will conduct a public information effort that will likely include informational materials, website updates, and communications.

Next Steps
In order to proceed, Council must adopt a resolution calling for an election on the measure and approving the submission of the proposed ordinance. The adoption of the proposed resolution would accomplish this and will direct the City Attorney to prepare the impartial analysis. The resolution also calls on the Council to designate a subcommittee of two Councilmembers to oversee preparation of the argument in favor of the measure and a rebuttal if necessary. The key steps include:

Locally Controlled Hotel Guest Tax Measure - Staff Report 758

Locally Controlled Hotel Guest Tax Measure - Staff Report

DATE ACTION
July 26th Adopt a resolution calling municipal election and introduce ordinance for ballot measure

NO MUNICIPAL ADVOCACY AFTER CALLING ELECTION
August 29th Ballot measure arguments (for and against) due to County November 8th Election
December 8th Certification of election results within 30 days The analysis and arguments (for/against) do not require City Council action.

Election Costs
The City is required to hold a municipal election in November 2022 that will include a mayoral race and two council seats. The San Mateo County Elections Office has quoted a municipal election cost that includes the mayor race, two council seats an up to two ballot measures, ranging from $69,700 to $83,600.

The cost of adding a ballot measure to the November 2022 election is already projected in this quote and included in the fiscal year 2023 adopted budget.

Environmental Determination
In accordance with CEQA Guidelines Sec. 15378(b)(4), submission of the tax to the voters is categorically exempt from CEQA because it involves the creation of a government funding mechanism which does not involve any commitment to any specific project.

Alternatives

1. Direct staff to develop an alternative revenue measure.

2. Take no action.

Attachments
A. Resolution
B. Draft Ordinance
C. Presentation
Fiscal Impact
☐ No Fiscal Impact
☒ Funding Source Confirmed:

Funding for the November 2022 municipal election, which includes the mayoral election and two City Council district elections, isincluded in the City Clerk’s election budget for fiscal year 2023.

Source: Purpose: Public Outreach:

Staff Discretionary Action Posting of Agenda
759

RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELMONT CALLING A

MUNICIPAL ELECTION ON A MEASURE INCREASING THE HOTEL ROOM TAX

BY SETTING THE RATE AT FOURTEEN PERCENT OF THE RENT PAID BY THE GUEST
WHEREAS, the City of Belmont continues to have millions of dollars in unmet infrastructure needs, including streets, storm drains, parks and community facilities; and, WHEREAS, Belmont needs reliable sources of local revenue where local control is exercised over local funds to help the City to be self-reliant, requiring that all funds be spent for Belmont residents, and no funds can be taken by Sacramento; and, WHEREAS, recent changes to state law have cost the City of Belmont nearly two million dollars and will delay improvements to Ralston Avenue and delay repairing potholes throughout the City if this measure is not approved; and,
WHEREAS, the City has a plan designed to reduce the impact on local taxpayers so they do not shoulder all of the cost and allows visitors to pay their fair share for services; and, WHEREAS, resident identified City service funding priorities including fixing potholes and repairing streets and sidewalks, maintaining 9-1-1 emergency response times, keeping public areas healthy safe and clean and maintaining senior services including health, nutrition and transportation programs; and,
WHEREAS, State actions continue to negatively affect city property tax revenues by delaying or diverting payments; and,
WHEREAS, General Fund balance reserves are currently being used to replace revenue shortfalls and maintain City services and quality of life, but the long-term use of fund balance to maintain services is not sustainable; and,
WHEREAS, current and projected City revenues are insufficient to consistently maintain the City’s general fund at or above the City’s General Fund policy target of 33% and minimum balance policy of $5 million over a ten-year forecast; and, WHEREAS, the General Fund balance is projected to fall by $4.3 million over the next five years, representing a 25% reduction in available fund balance; and, WHEREAS, the City has implemented a number of cost saving strategies, however, the magnitude of the revenue shortfall greatly exceeds any additional savings that could practically be achieved through further cost cutting measures while maintaining City services and quality of life; and,
WHEREAS, Belmont citizens expect and deserve essential services including 9-1-1 emergency response, pothole and road repair, maintenance of parks, open space, and sports fields, senior and youth programs, and maintenance of police patrols and crime prevention at a level 760

sufficient to protect and promote public health, safety, and welfare, and provide residents with a high quality of life; and,
WHEREAS, the City of Belmont, with the help and support of its citizens, has made significant progress in improving its financial position, but continues to need reliable sources of local revenue where local control is exercised over local funds that cannot be taken by Sacramento; and,
WHEREAS, hotel guests use City services, including roads, 9-1-1 emergency response and parks; and,
WHEREAS, the City of Belmont currently requires persons renting rooms or structures for 30 consecutive days or less for dwelling, lodging or sleeping purposes (“hotel guests”) to pay a transient occupancy tax (“hotel room tax”) of twelve percent of the amount charged by the operator; and,
WHEREAS, on June 8, 2021, the City Council adopted Resolution No. 2021-055 finding among other things that maintaining city services and continuing to invest in infrastructure is critical to protecting public safety and welfare and enabling Belmont residents to have a high quality of life, and that the continuing volatility and decline of state administered revenues imperils the General Fund’s ability to maintain city services and basic infrastructure which if not adequately addressed in the immediate future will place the public at increasingly greater risk of harm and increase the exposure of the City to potential liability; and, WHEREAS, on June 14, 2022, the City Council adopted Resolution No. 2022-057 finding among other things that diversification of the city’s revenue sources, expansion of the city’s revenue base, and greater local control over revenue is urgently needed to provide a back stop against further state takeaways and achieving long term fiscal and organizational stability, and, to maintain city services and infrastructure at an adequate and sustainable level and thereby protect the public from harm and the City from overwhelming potential liability; and, WHEREAS, the City Council has determined to submit to the citizens of Belmont for their approval a ballot measure setting the City’s hotel room tax rate at fourteen percent of the amount paid by the hotel guest; and,
WHEREAS, Revenue and Taxation Code Section 7280 and California Constitution Article XIIIC authorize the City to levy a transient occupancy tax for unrestricted general revenue purposes if the ordinance proposing that tax is approved by the voters of the City; and, WHEREAS, under California Constitution Article XIIIC and Belmont’s current general municipal election cycle at which councilmembers are elected, Belmont voters may only vote on a general tax measure proposed by the Council once every two years in November of evennumbered years unless the City Council unanimously declares an emergency.

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

SECTION 1. Resolutions No. 2021-055 and No. 2022-057 are incorporated herein by reference.
761

SECTION 2. Call for Municipal Election.
(a) A municipal election in the City of Belmont is called for November 8, 2022 for the purpose of submitting to the electorate a ballot measure approving an ordinance increasing the City’s transient occupancy tax by setting the rate at fourteen percent of the rent paid by the transient, to continue from the effective date until changed, and to be used for unrestricted general revenue purposes of the City.
(b) The polls for the election shall be open at 7:00 a.m. on the day of the election and shall remain open continuously from that time until 8:00 p.m. that same day, when the polls shall be closed, except as provided in Elections Code Section 14401. The City Clerk is authorized to give further notice of the election, as required by law.

SECTION 3. Consolidation with Statewide General Election (a) The City Council orders the municipal election consolidated with the statewide general election on Tuesday, November 8, 2022.
(b) In accordance with Elections Code Section 10403, the City Council requests the County of San Mateo Board of Supervisors consolidate the municipal election with the statewide election.
(c) The question to be presented to the voters is as follows:

City of Belmont Hotel Room Tax Measure
Shall a City of Belmont ordinance providing funding, that cannot be taken by the State, for general city services including:

Fixing potholes, repairing streets and sidewalks;
Maintaining 9-1-1 emergency response times;
Keeping infrastructure projects/ upgrades on-time/ on-budget; Maintaining senior services, and
Keeping public areas healthy, safe and clean;
by raising the transient occupancy (“hotel”) tax to 14%, paid only by guests, until ended by voters, providing an additional $600,000 annually, with independent audits, be adopted?
YES
NO
This question requires the approval of the majority of qualified electors casting votes. (d) The City Council acknowledges that the consolidated election will be held and conducted in the manner prescribed in Election Code Section 10418. 762

SECTION 4. Conduct of Election
In accordance with Elections Code Section 10002, the City Council requests the County of San Mateo Board of Supervisors authorize the County Clerk to render all services necessary for the conduct of the election regarding the general tax measure and agrees to reimburse the County of San Mateo for the costs of conducting this election.

SECTION 5. Proposed Ordinance
(a) The ordinance authorizing the transient occupancy tax to be approved by the voters is as set forth in Attachment 1 hereto.
(b) The City Council hereby approves the ordinance, the form thereof, and its submission to the voters of the City at the November 8, 2022 election. (c) The ordinance increases the transient occupancy tax rate to fourteen percent of the rent paid by the transient. The City of Belmont will collect the tax from operators. The proposed tax is for general city purposes and will be deposited in the city’s general fund. (d) The City Council requests the County of San Mateo Board of Supervisors to order the County Clerk to set forth in the voter information portion of all sample ballots to be mailed to the qualified electors of the City the full text of the Ordinance and to mail with the sample ballots to the electors printed copies of the full text of the Ordinance, together with the primary arguments for and against the measure, and to provide absent voter ballots for the election for use by qualified electors of the City who are entitled thereto in the manner provided by law.

SECTION 6. Publication of Synopsis
The City Clerk is directed to publish a synopsis of the measure in the manner required by Elections Code Section 12111 at least one week before the election.

SECTION 7. Submission to County Officials
The City Clerk is directed to file a certified copy of this Resolution, with Attachments, with the County of San Mateo Board of Supervisors and the County Elections Official no later than close of business on August 12, 2022.

SECTION 8. Impartial Analysis
The City Clerk is directed to transmit a copy of the measure to the City Attorney who is directed to prepare an impartial analysis of the measure in accordance with Elections Code Section 9280.

SECTION 9. Ballot Arguments
(a) Ballot arguments for or against the measure may be submitted in accordance with this resolution and applicable provisions of the law.
763

(b) The City Council will designate by motion a subcommittee of two councilmembers to prepare a written argument not exceeding 300 words in favor of the measure. If a qualified argument against measure is submitted, the subcommittee may prepare a rebuttal argument not exceeding 250 words. At the discretion of the subcommittee, the argument in favor and rebuttal, if any, may also be signed by other members of the City Council, bona fide associations of citizens, or by individual voters who are eligible to vote. Arguments and rebuttals shall otherwise conform to and comply with all applicable provisions of the Elections Code and be submitted by the deadline required by the County of San Mateo Elections Official. * * *
ADOPTED July 26, 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
764

Attachment 1
To Resolution 2022-
An Ordinance of the City of Belmont Increasing the Hotel Room Tax by Setting the Rate at Fourteen Percent of Rent Paid by Hotel Guests
765

ORDINANCE NO. ______

AN ORDINANCE OF THE CITY OF BELMONT INCREASING THE HOTEL ROOM

TAX BY SETTING THE RATE AT FOURTEEN PERCENT OF RENT PAID BY GUESTS WHEREAS, the Citizens of Belmont find that maintaining essential services such as pothole and road repair, 9-1-1 emergency response, parks, open space, and sports fields maintenance, senior and youth programs, and neighborhood police patrols and crime prevention are critical to protecting the safety and welfare of Belmont residents and to providing residents with a high quality of life, and,
WHEREAS, the City of Belmont has millions of dollars in unmet infrastructure needs, including streets, storm drains, parks and community facilities; and, WHEREAS, the City of Belmont, with the help and support of its citizens, has made significant progress in improving its financial position, but continues to need reliable sources of local revenue where local control is exercised over local funds that cannot be taken by Sacramento; and,
WHEREAS, hotel guests use City services, including roads, 9-1-1 emergency response and parks; and,
WHEREAS, the City of Belmont currently requires persons renting rooms or structures for 30 consecutive days or less for dwelling, lodging or sleeping purposes (“hotel guests”) to pay a transient occupancy tax (“hotel room tax”) of twelve percent of the rent paid by the transient; and,
WHEREAS, Belmont needs a reliable source of revenue where local control is exercised over local funds that cannot be taken by Sacramento and can only be spent for Belmont; and, WHEREAS, Belmont needs reliable sources of local revenue where local control is exercised over local funds to help the City to be self-reliant; and, WHEREAS, recent changes to state law have cost the City of Belmont nearly two million dollars and will delay improvements to Ralston Avenue and delay repairing potholes throughout the City; and,
WHEREAS, the City has a plan designed to reduce the impact on local taxpayers so they do not shoulder all of the cost and allows visitors to pay their fair share for services; and, WHEREAS, resident identified City service funding priorities including fixing potholes and repairing streets and sidewalks, maintaining 9-1-1 emergency response times, keeping public areas healthy safe and clean and maintaining senior services including health, nutrition and transportation programs; and,
WHEREAS, this ordinance will increase the hotel room tax rate by setting the rate at fourteen percent of the amount paid by the hotel guest, which will remain in effect until changed and will be collected by the City, and cannot be taken by Sacramento.

NOW, THEREFORE, THE PEOPLE OF THE CITY OF BELMONT DO ORDAIN AS 766

FOLLOWS:

SECTION 1. RECITALS
The People of the City of Belmont find that all Recitals contained in this ordinance are true and correct.

SECTION 2. CITY COUNCIL APPROVAL.

The City Council of the City of Belmont approved this ordinance for placement on the November 8, 2022 ballot by Resolution 2022-____.

SECTION 3. BCC CHAPTER 23, ARTICLE IV, SECTION 23-65 AMENDED Belmont City Code Chapter 23 (Taxation), Article IV (Transient Occupancy Tax), Section 23-65 (Imposition; amount; where payable) is amended to read:

Sec. 23-65 Imposition; amount; where payable.

For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of fourteen percent of the rent paid by the transient. Said tax constitutes a debt owed by the transient to the city which is extinguished only by payment to the operator or to the city or to a rental agent in accordance with Section 23-83. The transient shall pay the tax to the operator of the hotel at the time the rent is paid. If the rent is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the transient's ceasing to occupy space in the hotel. If for any reason the tax due is not paid to the operator of the hotel, the tax administrator may require that such tax shall be paid directly to the tax administrator.

SECTION 4. SEVERABILITY.

If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. The People of the City of Belmont hereby declare that they would have passed this Ordinance and each section or subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.

SECTION 5. EXPENDITURE OF REVENUES
(a) The revenues from the increase in the transient occupancy tax imposed by this ordinance may be spent for unrestricted general purposes of the City of Belmont. (b) The revenues from the portion of the transient occupancy tax imposed before the effective date this ordinance may be spent for unrestricted general revenue purposes of the City of Belmont.

SECTION 6. AMENDMENT
(a) The tax adopted herein may be extended or increased only by a vote of the people of the City 767

of Belmont in accordance with California Constitution Article XIIIC, Section 2(b). (b) Except as provided in subsection (a), the provisions herein may amended by ordinance adopted by the City Council.

SECTION 7. EFFECTIVE.
(a) This ordinance relates to the levying and collecting of the City transient occupancy tax and shall be in full force and effect 10 days after the certification by the City Council of the election returns indicating passage of the ordinance in the election of November 8, 2022, by the margin of votes required by California Constitution Article XIIIC, Section 2(b) for general tax measures. (b) Notwithstanding Section 7(a), Section 3 of this ordinance becomes operative no earlier than January 1, 2023.
* * *
This ordinance was submitted to the People of the City of Belmont at the November 8, 2022 election and was adopted by the following vote of the People:

YES:

NO:

ATTEST:

City Clerk Mayor
768
Hotel Guest Tax Measure
July 26, 2022
769
2 BACKGROUND

BALLOT MEASURE REVIEW

NEXT STEPS

QUESTIONS & COMMENTS
770

TRANSIENT OCCUPANCY
(HOTEL ROOM GUEST)

TAX BACKGROUND
& ANALYSIS
771 3

TRANSIENT OCCUPANCY

TAX REVENUES
July 26, 2022 Hotel Guest Tax Measure 4
FY 2018-21 (ACTUAL) &
FY 2022-31 (PROJECTED)
$3.58 $3.79
$1.32
$2.25
$2.80
$3.23
$3.98 $4.06
$4.34 $4.41 $4.48 $4.54 $4.61
$0.00
$0.50
$1.00
$1.50
$2.00
$2.50
$3.00
$3.50
$4.00
$4.50
$5.00
2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 Millions
Estimated recovery to prepandemic levels
772

TRANSIENT OCCUPANCY

TAX RATES IN SAN MATEO
COUNTY
July 26, 2022 Hotel Guest Tax Measure 5

10.0% 11.0% 12.0% 13.0% 14.0% 15.0%
Redwood City
Pacifica
Menlo Park
Foster City
East Palo Alto
Burlingame
Daly City
Belmont
Millbrae
San Carlos
South SF
San Mateo
San Bruno
Brisbane
Half Moon Bay
San Carlos: Increases 1/1/23
Millbrae: Council considering
resolution recommending Nov 22
ballot placement on 7/26/22
Belmont increase to 14%
would generate $0.6M in
locally-controlled General
Fund revenue (compared to
pre-pandemic levels)
773

TRANSIENT OCCUPANCY TAX

BALLOT MEASURE
July 26, 2022 Hotel Guest Tax Measure 6

YOUR VOICE, YOUR BELMONT
• Over the last year, through Your Voice, Your Belmont the City engaged over 1,000 residents on local City service needs and priorities.
• Residents identified the following City service funding priorities:
 fixing potholes and repairing streets and sidewalks;
 maintaining 9-1-1 emergency response times;
 keeping public areas healthy safe and clean;
 maintaining senior services including health, nutrition and transportation programs.

Community Feedback on City Service Needs & Priorities
774

TRANSIENT OCCUPANCY TAX

BALLOT MEASURE
July 26, 2022 Hotel Guest Tax Measure 7

LOCALLY-CONROLLED FUNDING NEEDS
• The State continues to threaten to take away property tax revenues, the General Fund’s top revenue source.
• Residents told us that they want local control over local funding to allow the City to be self-reliant for the services Belmont residents rely on that cannot be taken by the State.
• Residents continue to prioritize maintaining our local streets and roads and ensuring that these capital projects can be completed on time.
775

TRANSIENT OCCUPANCY TAX

BALLOT MEASURE
July 26, 2022 Hotel Guest Tax Measure 8

PROPOSED ELEMENTS
 Update the TOT rate from 12% to 14%;
 This would be a locally-controlled general tax, all revenues go to the General fund to be used for general City services, including street and pothole repairs, 9-1-1 emergency
response times and crime prevention, keeping public areas healthy, safe and clean, and maintaining senior services;  All revenue would be kept local and cannot be taken by Sacramento;
 TOT revenues would be paid by hotel and other lodging facility guests, not by Belmont residents who are not typically staying in such lodging facilities.
776

TRANSIENT OCCUPANCY TAX

BALLOT MEASURE
July 26, 2022 Hotel Guest Tax Measure 9

COUNCIL ACTIONS
 Resolution calling for a municipal election on a measure increasing the hotel room tax (TOT) by setting the rate at fourteen percent of the rent paid by the guest
 Draft Ordinance increasing the hotel room tax (TOT) by setting the rate at fourteen percent of rent paid by hotel guests 777

NEXT STEPS
10778

TRANSIET OCCUPANCY TAX

NEXT STEPS
July 26, 2022 Hotel Guest Tax Measure 11
• July 2022: City Council Consideration of Draft TOT Ordinances; Call for Election on Ordinances
• August-September 2022: Council Committee to oversee prep of written argument in favor of ballot measure, along with rebuttals to any written arguments filed
• Fall 2022: Outreach and Education to business community, hotel representatives and Chamber of Commerce
• November 8, 2022: Voter Election
779

QUESTIONS &

COMMENTS
12780

Housing Element Study Session - Staff Report2023-2030

STAFF REPORT
Meeting Date: July 26, 2022
Agency: City of Belmont
Staff Contact: Jennifer Rose, Housing & Economic Development Manager, [email protected] Agenda Title: Review of Draft General Plan Housing Element 2023-2030 and Draft Environmental Impact Report
Agenda Action: Discussion & Direction
Recommendation
Receive presentation introducing the Draft General Plan Housing Element 2023-2030 and Draft Environmental Impact Report, consider Planning Commission recommendations and public comments, and provide direction for submittal to the State Department of Housing and Community Development (HCD).

Strategic Focus Area
Economic Development and Housing
Background
Since 1969, California has required that all local governments (cities and counties) adequately plan to meet the housing needs of everyone in the community. State law requires California’s local governments to adopt a housing element as part of their “general plan” that demonstrates how the local government will meet state mandated housing planning requirements. The Belmont General Plan, last comprehensively updated in 2017, serves as a local "blueprint" for how Belmont will grow and develop and includes the following required elements: land use; housing; circulation; parks, recreation and open space; conservation; safety; and noise. The Housing Element must be updated on a regular schedule and is subject to specific regulatory requirements and process established by the state Housing Element Law (Government Code Sections 65580-65589.11). Belmont’s Housing Element was last updated/adopted in 2015 as part of the Housing Element Law’s 5th housing element planning cycle covering the period from January 1, 2015 through December 31, 2022. The 6th housing element planning cycle covers the period from January 1, 2023, through December 31, 2030.

California’s Housing Element Law acknowledges that in order for the private market to adequately address the housing needs and demand of Californians, local governments must adopt plans and regulatory systems that provide opportunities for—and do not unduly constrain—housing development. As a result, housing policy in California rests largely on the effective implementation of local general plans and, in particular, local housing elements. In addition, the State Department of Housing and Community Development (HCD) must review and certify that each jurisdiction’s housing element meets all the requirements of the law.

This Housing Element update for the 6th housing element planning cycle is more challenging that previous cycles for several reasons:
781

Housing Element 2023-2030
1) Belmont’s Regional Housing Needs Allocation (RHNA) is significantly higher than the previous cycle, requiring the City to plan for 1,785 new housing units compared to 468 units in the previous housing cycle.
2) The housing element of the general plan must include a detailed inventory of land suitable and available for residential development to meet Belmont’s regional housing need by income level.

Changes in state law governing the selection of housing inventory sites make it harder to identify sites that can count towards meeting the RHNA. Additional analysis and justification is required for smaller or non-vacant sites, or sites that were identified in previous housing elements that have not yet been developed with new housing units.
3) Federal and State Law requires all public agencies, including the City of Belmont, to demonstrate that general plan housing elements “affirmatively furthers fair housing” (AFFH). New statutory obligations require the housing element to include detailed analysis of existing and future policies, plans, programs, rules, and practices, to ensure Belmont is taking meaningful action to combat discrimination, overcome patterns of segregation, and foster inclusive communities. This is a significant new requirement that was not a part of past housing elements.

Belmont has been able to collaborate with other jurisdictions in San Mateo County to complete our Housing Element through the 21 Elements regional collaborative, with additional support from a Housing Element Project Manager and an environmental consulting firm preparing a Programmatic Environmental Impact Report pursuant to the California Environmental Quality Act (CEQA).

Analysis
The proposed Housing Element update covers the period 2023-2030 and includes the following components:

1. Housing Needs Assessment: Analyze demographic and housing trends and conditions in both Belmont and all of San Mateo County.

2. Housing Constraints Analysis: Analyze and address existing and potential governmental and nongovernmental constraints to the development of housing.

3. Goals, Policies and Programs: Establish policies and programs to address the identified housing needs. Each proposed program or policy action much have a quantified housing objective and specific implementation timeline.

4. Evaluation of Past Performance: Assess progress in implementing the policies and programs from the prior Housing Element.

5. Housing Resources, Sites Inventory, and Methodology: Present information on resources and funding available to support the creation of housing, especially affordable housing; identify a detailed inventory of housing sites available for development of new housing units, ensuring that there is sufficient capacity to address the RHNA for all housing income levels.

6. Affirmatively Further Fair Housing (AFFH): New to this housing cycle, housing element law now requires the housing element to include an analysis of fair housing outreach and capacity, integration and segregation, access to opportunity, disparate housing needs, and current fair housing practices.
782

Housing Element 2023-2030

7. Community Outreach and Engagement: Demonstrate implementation of a thorough community engagement effort, with a particular focus on outreach to traditionally underrepresented groups.

Full drafts of the Housing Element 2023-2030 and CEQA Environmental Impact Report can be found on the City’s website (www.belmont.gov/housingelement). The following is a summary of key findings identified in the draft documents.

Summary of Housing Needs
• Population Growth. Belmont’s population continues to steadily grow, increasing by 6.7% from 2000-2020. Belmont’s population includes an increasing number of seniors over the age of 65, and an increasing number of youths under 18. People of color comprise a proportion of Belmont’s population that is lower than the overall proportion in San Mateo County. • Housing Demand is High. While the number of new homes in Belmont has increased 0.6% from 2010 to 2020, that increase is below the growth rate for San Mateo County. The number of new homes has not kept pace with demand, resulting in longer commutes, high housing prices, and increased displacement or homelessness.
• Housing is Expensive. Home prices increased 123.6% from 2010 to 2020, with a majority of homes valued above $1 million. Rental housing prices increased by 76.8% from 2009 to 2019. A typical apartment rent requires a household salary minimum of $90,040 per year. • Residents are Cost Burdened. In Belmont, 18% of households are cost burdened, spending more than 30% of their income on housing, and 15% of households are severely cost burdened, spending more than 50% of their income on housing.
• Special Housing Needs. In Belmont, 9.0% of residents have a disability of some kind and may require accessible housing. Additionally, 5.2% of Belmont households are larger households with five or more people, who likely need larger housing units with three bedrooms or more. 6.7% of households are female-headed families, which are often at greater risk of housing insecurity.

Summary of Housing Constraints Analysis
• High Cost of Housing Development. This biggest constraint concerning the development of housing – especially that which is affordable – is the very high cost of development, and the lack of financing to support that development. While these nongovernmental constraints are generally out of the City’s control, they can be partially mitigated in Belmont by leveraging local financial resources and assets towards development and preservation of affordable and special needs housing units.
• Governmental Constraints. Potential government constraints to housing include zoning regulations, development standards, infrastructure requirements, permit and development impact fees, and the development approval processes. While government policies and regulations are intended to serve public objectives and further the public good, the City recognizes that its actions can potentially constrain the availability and affordability of housing to meet the community’s future needs.
• Development Review Process. Helping developers to utilize various streamlined development review opportunities can also help reduce development timelines and costs, and the City has identified an action to enhance information and outreach related to SB 35 streamlined ministerial review.
783

Housing Element 2023-2030
• Constraints for Special Needs Housing. The Housing Element includes policies and programs that address potential constraints to provision of housing for special needs groups and ensure there is opportunity for more special needs housing to be created.

Summary of AFFH Findings
• Fair Housing. Nine fair housing inquiries and two fair housing complaints were made by Belmont residents between 2017 and 2021, including refusal to rent based on national origin and a complaint based on disability for failure to make reasonable accommodations. The Housing element includes a program to conduct education and outreach to both landlords and tenants about fair housing requirements and enforcement options.
• Demographics. Racial and ethnic minority populations in Belmont—with the exception of Asians—are more likely to be living in poverty and be housing cost burdened compared to the non-Hispanic White population. They are also slightly more likely to be denied a mortgage loan.

On the positive side, residents living Belmont—regardless of race and ethnicity—have strong access to highly resourced neighborhoods.
• Special Needs. Nine percent of Belmont’s residents have a disability, which is on par with the county and the Bay area overall.
• Access to Education. According to TCAC’s educational opportunity map, all census tracts in Belmont have schools with the most positive educational outcomes. Belmont offers a strong educational environment citywide. Students with disabilities in the Belmont-Redwood Shores district score comparatively well compared to students with disabilities in other districts.

Educational outcomes vary for some racial and ethnic groups, and the school district could improve proficiency gaps and differences in suspension rates.
• Cost of Housing. Belmont’s largest challenge lies in housing affordability. In two census tracts, between 40% and 60% of renter households face housing burden. Yet compared to surrounding cities, Belmont offers better rental affordability, according to the HCD Location Affordability Index. Just 18% of Belmont’s owner-occupied units are priced below $1 million, compared to 44% for the county and 65% for the Bay area overall.

Summary of Resources and Housing Sites Methodology
• Financial Resources. The draft housing element identifies potential City and County funding resources that can support development of new affordable housing. The housing element also includes an extensive list of various Federal and State resources for affordable housing activities, including but not limited to new construction, acquisition, rehabilitation, and homebuyer assistance.
• Housing Opportunity Sites. A key component of the housing element is identification of sites suitable and available for residential development, including vacant sites and sites having potential for redevelopment, and providing analysis of the development capacity that could potentially be achieved for each site. Several new housing laws have modified the requirements for the sites inventory. Examples of recent changes include:
o Sites included in previous housing elements must now allow development of affordable housing by-right (AB 879 and AB 1379).
784

Housing Element 2023-2030
o Jurisdictions must conduct an assessment of fair housing and prepare the sites inventory through the lens of affirmatively furthering fair housing, ensuring housing units have reasonable access to community resources, transportation, education, and jobs (AB 686). o The sites inventory must include sufficient sites to accommodate no-net loss of affordable units required by RHNA (SB 166). When a housing site is developed at income levels higher than identified in the Housing Element, the City must either identify and rezone an alternative site, or demonstrate that the sites inventory contains an alternative site to meet the RHNA. This requirement is commonly referred to as a housing sites “buffer”. o The Safety Element of the General Plan must now be updated to include analysis of the housing sites inventory to include new information related to fire hazards, evacuation routes, flood hazards, and climate adaptation (SB 1035). While the sites inventory includes vacant single-family residential lots that were identified in previous housing elements, no new housing sites have been identified adjacent to wildland urban interface (WUI) hazard areas.
o Sites that allow multi-family housing must now allow transitional or supportive housing by-right, as well as low-barrier navigation centers (AB 2162 and AB 101).

Additional draft housing opportunity sites considerations:
• The sites inventory does not include any housing opportunity sites that are currently developed with residential units so as not to encourage housing displacement. • In 2017, the City completed a comprehensive update of the Belmont General Plan, and also adopted the Belmont Village Specific Plan (BVSP) and created the new Corridor Mixed Use (CMU) zoning district, all of which have greatly expanded the availability of sites suitable for new housing development. A majority of the identified housing opportunity sites currently allow residential development.
• Belmont has a development pipeline of more than 900 units either under construction or in development review; the sites inventory includes and specifically identifies these pipeline project sites. These housing developments are all eligible to count towards the next RHNA planning cycle. • Analysis of completed or pipeline projects demonstrates that sites less than one half acre in size can typically be developed using an average of 59 dwelling units per acre, and sites larger than one half acre will typically develop at 113 dwelling units per acre. • Nearly all pipeline projects have relied on local and State density bonuses. Elimination of a maximum density metric in the village zoning districts has proven to be an effective strategy for provision of housing units.
• To support development of housing sites along the El Camino Real and Old County Road corridors, the City has identified several zoning ordinance amendments that would extend certain zoning regulations from the Village Corridor Mixed Use (VCMU) district to both the Village Station Core (VSC) and Corridor Mixed Use (CMU) zoning districts. Further discussion of the proposed zoning amendments can be found below.

Summary of CEQA Draft Environmental Impact Report (EIR) Findings:
• The Draft Programmatic EIR completed an analysis of the proposed project, which requires analysis of the maximum possible buildout of housing on all housing opportunity sites. Maximum building assumes up to 3,300 new dwelling units and 8,250 new residents. It is extremely unlikely that all housing sites will be built out to maximum capacity during the eight-year planning period. 785

Housing Element 2023-2030
• The Draft EIR identified three areas of resource analysis as having potential impacts where mitigation measures would be appropriate:
o Aesthetics. Recommended mitigation requiring transitional heights for sites on El Camino Real and Old County Road adjacent to neighborhoods.
o Air Quality. Mitigation addresses construction emissions and roadway health risks. o Noise. Mitigation addresses ground-borne vibrations during project construction activities. • Resources determined to have less than significant impacts include biological resources, cultural resources, energy, geology and soils, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use and planning, population and housing, public services and recreation, transportation, tribal cultural resources, utilities and service systems, and wildfire.

Summary of Proposed Land Use and Zoning Changes
Belmont’s updated regulatory framework (General Plan, BVSP, and CMU zoning, adopted in 2017), has been instrumental in facilitating increased housing development activity. Belmont has permitted 700 new housing units thus far during the current housing cycle, exceeding the current RHNA of 468 units (note that the City has not yet met the RHNA for very-low or moderate income units). These permitted housing units are eligible to count towards the next RHNA cycle and are included on this sites inventory.

A majority of the identified housing opportunity sites (124 of the total 144) currently allow development of housing – inclusion of these sites on the housing element inventory does not change their permitted land use. The City is only proposing a land use change for the 20 parcels currently zoned Service Commercial which currently do not allow housing.

Given the significant RHNA increase, housing staff identified several zoning amendments that could 1) help facilitate increased housing development; 2) create a buffer of housing sites to ensure the City is not required to take actions to comply with the “no net loss” statutory requirements; and 3) demonstrate the City’s commitment to eliminate potential barriers to development of housing. The proposed amendments are summarized below, and further policy discussion of these zoning amendments can be found in the “policy considerations” section of this report.
• General plan and zoning ordinance amendments to rezone a total of 20 parcels from Service Commercial (SC) to Corridor Mixed Use (CMU), to allow housing development on these sites.

These parcels are located in two project site clusters located along Old County Road – one at Dale View Avenue, and one at Mountain View Avenue/Marine View Avenue. • Proposed amendments to the Corridor Mixed Use district (CMU) to align with the Village Corridor Mixed Use (VCMU) district:

Zoning Requirement Current Proposed
Building Height 45 feet; up to 55 feet with
community benefits
50 feet; up to 65 feet with
community benefits
Floor Area Ratio 1.75; up to 2.2 with community
benefits

2.0; up to 2.5 with
community benefits
Maximum Density 45 du/acre; up to 60 du/acre
with community benefits
Eliminate maximum density
786

Housing Element 2023-2030
• Proposed amendments to the Village Station Core district (VSC) to align with the Village Corridor Mixed Use (VCMU) district:

Zoning Requirement Current Proposed
Building Height 45 feet; up to 60 feet with
community benefits
50 feet; up to 65 feet with
community benefits
Floor Area Ratio 1.5 FAR; up to 2.0 with
community benefits

2.0 FAR; up to 2.5 with
community benefits
• The proposed Housing Element update would also trigger amendments to the Belmont General Plan and BVSP to ensure consistency in growth forecasts and population. These updates will be required based on Belmont’s regional housing needs allocation (RHNA).

City Council Policy Considerations
In response to comments received from the community, the City analyzed potential amendments to the identified land use and zoning amendments, and assessed potential impacts on the sites inventory and RHNA compliance. Staff presented these policy considerations to the Planning Commission at a study session on July 19, 2022 for discussion and direction, and has included their recommendations in the analysis below. Staff is seeking City Council input on these policy considerations to include as amendments to the draft housing element.

1. Building Height. The most common concern expressed by community members relates to the maximum building height changes proposed in the Corridor Mixed Use (CMU) and Village Station Core (VSC) zoning districts, which were intended to align these districts with the zoning regulations in the Village Corridor Mixed Use (VCMU) where the City has seen successful housing development activity.

Staff Recommendation: Staff supported removing the proposed height modifications from the housing element work plan. Analysis of completed or pipeline development projects demonstrates that projects have been able to achieve necessary building heights either utilizing the City’s community benefits zoning, or via the State density bonus. Removing this action from the Housing Element programs is not likely to have a significant impact on the proposed sites inventory and City’s ability to meet the RHNA obligation.

Planning Commission Recommendation: After receiving over 40 public comments during the study session, the Planning Commission was unified in recommending that the City eliminate the proposal to increase allowable building heights in the CMU and VSC zoning districts.

2. Service Commercial Sites. The Housing Element identifies two housing site clusters along Old County Road that could be rezoned from Service Commercial (SC) to Corridor Mixed Use (CMU) to allow multi-family residential development. Old County Road currently has a mix of both commercial/industrial uses and higher density multi-family residential uses. Allowing new multifamily or mixed-use development would be a compatible and appropriate land use. 787

Housing Element 2023-2030
Staff Recommendation: Rezoning the housing sites cluster at Old County Road and Dale View Avenue (3 parcels) creates capacity for up to 45 new housing units. Rezoning the larger housing sites cluster at Mountain View Avenue/Marine View Street (17 parcels) would create capacity for up to 584 new housing units. The maximum capacity for these housing sites is projected using average densities, and staff notes that it is unlikely all of these sites would be developed with housing. While staff supported removal of the three Dale View Avenue parcels from the housing sites inventory, the remaining parcels at Mountain View Avenue/Marine View Avenue are a known potential housing site based on discussions with the property owner and potential housing developers. Staff recommended keeping these known potential housing sites on the inventory, and keeping the program/action to rezone these sites to Corridor Mixed Use.

Planning Commission Recommendation: The public testimony received during the Planning Commission study session was heavily focused on this zoning amendment and the community concerns about adding new housing development to the Old County Road corridor. A majority of the Planning Commissioners recommended that all of the Service Commercial zoned properties be removed from the draft housing sites inventory.

Removal of all twenty Service Commercial zoned sites from the draft sites inventory would reduce the housing sites inventory capacity by 629 units. The following tables show a comparison of the housing sites capacity with and without the Service Commercial zoned parcels:

Draft Housing Sites Inventory (proposed)
Total Units* Very Low Low Moderate Above
Moderate  Pipeline
Proposed 3072 635 497 439 1501 935
RHNA 1785 488 281 283 733 n/a
Buffer 1,287 147 216 156 768
42% 23% 43% 36% 51%
*Total unit capacity was lower that the rounded EIR estimate 3,300 because the sites inventory has been revised to reflect actual pipeline development activity (less that the estimated maximum capacity on several sites).

Draft Housing Sites Inventory with Removal of Service Commercial Zoned Parcels Total Units Very Low Low Moderate Above
Moderate  Pipeline
Totals 2443 470 398 342 1233 935
RHNA 1785 488 281 283 733 n/a
Buffer 658 -18 117 59 500
27% -4% 29% 17% 41%
Staff notes that elimination of the SC zoned parcels reduces the very-low unit capacity to below the required RHNA allocation. The draft sites inventory could be revised to increase the very-low unit allocation and decrease other income allocations on remaining sites in order to meet the required RHNA income levels. The proposed housing sites methodology allocated very-low and low-income units based on the total RHNA allocation, meaning all sites are targeted to provide 788

Housing Element 2023-2030
27% very-low and 16% low-income units. Staff has two concerns about this scenario: 1) increasing the very-low-income unit requirement on remaining draft housing sites may be seen by HCD as a constraint to development; and, 2) it is very unlikely that development sites would meet the verylow-income allocations, meaning the City will still need to provide a sufficient low-income unit buffer to ensure ongoing compliance with the “no net loss” housing law provisions.

If it is the direction of the City Council to remove the service commercial sites, the remaining sites inventory methodology could be revised to increase the very-low-income unit allocation, and decrease the low- and moderate-income unit allocation.

3. Floor Area Ratio (FAR) and Maximum Density. In order to estimate the maximum development capacity of the draft housing sites inventory, staff relied on actual completed or pipeline development projects to determine the average project densities being built in Belmont. The draft sites inventory assumes that sites smaller than ½ acre could develop at an average density of 59 units per acre, and sites greater than ½ acre could develop at an average density of 113 units per acre. Many of these existing projects have relied on State and local density bonus programs to achieve higher units counts and zoning ordinance exceptions/waivers. A key component of the proposed sites inventory methodology and RHNA compliance is demonstrating that future development activity in Belmont will continue to occur consistent with existing housing development activity. Removal of government constraints to the development of housing is also a critical required component of the Housing Element, and making it feasible for developers of projects in the CMU and VSC zoning districts to achieve similar densities and FAR as current development activity (i.e., not requiring zoning exceptions/waivers) would qualify as removal of a potential housing constraint.

Staff Recommendation: As described above, elimination of the maximum density metric in the CMU zone and increased FAR in both the CMU and VSC districts are a critical component of the housing sites methodology that demonstrate Belmont’s ability to meet its RHNA obligation, and provide a sufficient buffer of available housing sites to comply with the “no net loss” requirements.

The proposed modifications would facilitate development of housing projects that are consistent with current pipeline development activity. Projects in the CMU and VSC zoning districts will still be required to comply with other zoning regulations that ensure high quality site and building design (form-based zoning standards). Staff strongly recommends maintaining the housing element program/action to increase the FAR in the CMU and VSC districts and eliminate the density metric in the CMU district.

Planning Commission Recommendation: The Planning Commission was unanimously supportive of the proposal to eliminate the maximum density metric in the CMU and increased the FAR in the CMU and VSC zoning districts, acknowledging the high-quality design of housing projects recently approved by the City that utilized those increased zoning metrics. The Planning Commission and several community members strongly encouraged the City to amend the CMU zoning regulations to incorporate the form-based urban design standards currently required by the Belmont Village Specific Plan for all of the village zoning districts to ensure that higher density development activity in the CMU district would be subject to the same standards. Staff supports this recommendation and with City Council concurrence can amend the housing element rezoning program to include this action.
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4. Buffer Sites. Staff has received several inquiries related to the number of “buffer sites” identified on the draft housing sites inventory. As described above, 124 of the identified 144 draft housing opportunity sites already allow residential development. Identifying these existing sites and locations where housing development can occur does not change the underlying land use or zoning designation, nor does it increase the capacity of units that could be built, it simply complies with the Housing Element requirements to demonstrate where and how housing units could be built in Belmont. The City used existing residential development projects to calculate typical or average development densities (59 units/acre on sites less than ½ acre, and 113 units/acre on sites larger than ½ acre). Those average densities were used to forecast residential development capacity in the City and demonstrate that Belmont’s existing land use and zoning regulations can accommodate a sufficient number of housing units to meet its RHNA obligation.

Staff Recommendation: Staff did not recommend modifying the projected development capacity identified in the draft housing sites inventory. It is extremely unlikely that all housing opportunity sites would be developed with housing during the planning period, and that not all projects achieve the maximum possible densities due to site specific constraints like access and circulation. If the City Council recommends removal of the Service Commercial zoned properties, that would reduce the number of potential buffer units (see this analysis in item #3 above). If residents or housing stakeholders have concerns about a specific housing opportunity site, the City has created an interactive housing sites map on the City’s website where those comments and concerns can be submitted.

Planning Commission Recommendation: The Planning Commission had mixed feedback on the proposed sites buffer analysis. While they generally supported staff’s proposed sites methodology and acknowledged that most of the draft housing sites already allow the housing development, several commissioners still expressed concerned about the large number of buffer units. During discussion it was acknowledged that removal of the Service Commercial zoned parcels would reduce the total unit capacity and reduce the corresponding sites buffer; the Commission recommended removal of the Service Commercial sites.

Timeline for Housing Element Adoption
Public Comment Period for Draft Housing Element
and CEQA EIR (45 Days) June 30th through August 15th 2022 HCD Review of Draft Housing Element (90 days) August 16th through November 15th 2022 Receive and Respond to HCD Comments (30 days) December 2022 Planning Commission and City Council Public Hearings
to Consider Revised Housing Element and Final EIR January 2023 Statutory Deadline for Housing Element Adoption January 31, 2023 Alternatives

1. Recommend modifications to the draft housing element or EIR, and direct staff to submit the draft documents to HCD for the required 90-day review.
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Attachments
All attachments are available on the city website www.belmont.gov/housingelement, and are directly linked below. If you need assistance or would like to review a copy of the draft documents at City Hall, please contact [email protected].

Draft Housing Element 2023-2030
Housing Needs (Belmont)
Housing Needs (San Mateo County)
Housing Constraints
Goals, Policies, & Programs
Review of 2015-2023 Housing Element Performance
Resources & Methodology
Appendix SITES – Draft Housing Opportunity Sites Table
AFFH Fair Housing Assessment
Appendix 1 - Resident Survey
Appendix 2 - Disparate Access to Educational Opportunities Appendix 3 - Segregation Report
Appendix 4 - State Fair Housing Laws & Regulations
Appendix 5 - Fair Housing Enforcement & Outreach Capacity Appendix 6 - Sites Inventory AFFH Supplement
Appendix 7 - Fair Housing Action Plan
Community Outreach Summary
Draft CEQA Environmental Impact Report
• Belmont Housing Element Draft Environmental Impact Report (DEIR) • Appendix AQ - California Emissions Estimator Model Outputs • Appendix BIO - Special-Status Plant Species Table
• Appendix NOP - Notice of Preparation and Comment Letters • Appendix NRG - Energy Fuel Consumption Calculations
• Appendix PS - Public Services and Recreation Contact Log • Appendix SITE - Draft Housing Opportunity Sites Table • Appendix TRA - VMT Impact Assessment Memorandum
Fiscal Impact
☒ No Fiscal Impact
☐ Funding Source Confirmed:

Source: Purpose: Public Outreach:

Staff Statutory/Contractual Requirement Posting of Agenda* *Additional community engagement activities included a Fair Housing workshop held in March 2022, a community workshop held on June 27, 2022, and a Housing Element information flyer mailed to every residential property in Belmont in early June 2022.
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