CITY OF BELMONT
CITY COUNCIL AND BELMONT FIRE
PROTECTION DISTRICT BOARD OF
DIRECTORS
www.belmont.gov
1. ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. REPORT FROM CLOSED SESSION
4. SPECIAL PRESENTATIONS
5. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
CITY COUNCIL REGULAR MEETING AGENDA
Tuesday, February 13, 2024
7:00 PM
City Council Chambers
City Hall, One Twin Pines Lane, Belmont, California
The meeting will be broadcast live to Belmont residents on Comcast Cable Channel 27, streamed live via the City’s website at www.Belmont.gov. The public may also attend the meeting in the Chambers and address the Council from the Chambers.
PUBLIC COMMENT:
To maximize time for live public comment, we encourage members of the public to provide comments by joining the Committee meeting via Zoom : For web, visit https://belmont-gov.zoom.us/ select “Join” and enter Meeting ID: 95745673035. Use the Raise Hand feature to request to speak. You may rename your profile if you wish to remain anonymous.
For dial- in comments, call *67 1-(669) 900-6833 (your phone number will appear on the live broadcast if *67 is not dialed prior to the phone number), enter Meeting ID: 95745673035, and press *9 to request to speak. All public comments are subject to a 3-minute time limit unless otherwise determined by the Committee Chair.
If you wish to submit written public comment, you may send an email to [email protected] before the council considers the item. Please indicate the agenda item topic or agenda item number you wish to comment on in your email’s subject line. Any public comment regarding agenda items that are received from the publication of the agenda through the meeting date will be made part of the meeting record but will not be read during the Council meeting.
This portion of the meeting is reserved for persons wishing to address the Body on any City matter not on the agenda. The period for public comment at this point in the agenda is limited to 15 minutes, with a maximum of 3 minutes per speaker. Speakers who requested but did not receive an opportunity to speak during this comment period will be given an opportunity to address the Body later in the meeting. State law prohibits the Body from 1 6. COUNCILMEMBER ANNOUNCEMENTS
7. CONSENT BUSINESS
A. Fiscal Year 2024-25 Budget Calendar
B. Service Agreement with Maze & Associates for Audit and Related Services C. Annual Investment Policy
D. Monthly Financial Reports - December 2023
E. San Juan Blvd Sewer Capacity Improvement Project Task Order F. State Legislative Platform and Advocacy for the City acting on non-agenda items.
Consent business items are considered to be routine in nature and will be enacted by one motion. There will be no separate discussion on these items unless a member or staf request specific items to be removed for separate action.
The City Attorney will read the title of ordinances to be adopted.
Recommendation: Adopt motion approving Fiscal Year 2024-25 Budget Calendar Attachment(s):
Staff Report
Proposed FY 2024-25 Budget Calendar
Recommendation: Adopt a resolution authorizing the City Manager to execute a service agreement for audit and related services with Maze & Associates through fiscal year 2027-28 Attachment(s):
Staff Report
Resolution
Maze & Associates' Fee Proposal
Recommendation: Receive the City of Belmont Investment Policy as submitted by the Finance Director/City Treasurer
Attachment(s):
Staff Report
Investment Policy
Recommendation: Motion to approve December 2023 Monthly Financial Reports Attachment(s):
Monthly Financial Reports - December 2023
Recommendation: Adopt a resolution authorizing the City Manager to execute a Task Order with Schaaf and Wheeler Consulting Civil Engineers for an amount not to exceed $130,320 for design, bid, and construction support services for the San Juan Blvd Sewer Capacity Improvement Project
Attachment(s):
Staff Report
Resolution
Schaaf and Wheeler Design Proposal
Recommendation: Motion to adopt the updated City's Legislative Platform for 2024 Attachment(s):
Staff Report
2 G. Cannabis Regulatory Permit
8. PUBLIC HEARINGS
A. Animal Control Regulations Amendment
B. Hillside Road Improvement Plan & Single-Family Design Review; 2800 Block of Monte Cresta Drive
9. GENERAL BUSINESS
2024 Suggested Updated Legislative Platform
Recommendation: Motion to adopt an ordinance to amend regulations in the Belmont City Code to allow and regulate commercial cannabis businesses and reorganize massage business regulations
Attachment(s):
Cannabis Permit Ordinance
Recommendation: Conduct public hearing and motion to adopt an ordinance adopting by reference the animal control regulations in San Mateo County Ordinance Code Chapter 6.04 and replacing similar regulations in Belmont City Code Chapter 5, Article 1 Attachment(s):
Animal Control Ordinance
Recommendation: 1) Conduct Public Hearing and consider Planning Commission recommendations.
2) Adopt a Resolution approving a Hillside Road Improvement Plan, Single-Family Design Review, Floor Area Transfer, Conditional Use Permit, Grading Permit, Tree Removal Permit, and City Code Exceptions.
Attachment(s):
Staff Report
Resolution
Conditions of Project Approval
300-500 Foot Radius Map
Summary and Response to Public Comments
Neighborhood Outreach
Seismic Hazards Map Act Response & Peer Review Letters
Planning Commission Staff Report & PC Reso 23-0025
Cross Slope Analysis & Exception Request
Geotechnical Studies, Responses & Peer Reviews
Biological Assessment 2017, updated 2022
Arborist Report 2018
Certificate of Compliance Final Determination
San Mateo Consolidated Fire Department (SMCFD) and Public Works Department (DPW) Recommendation Letters
Financial Analysis
Categorical Exemption (CE) Evaluation
1988 San Juan Hills Area Plan EIR
Storm Drain Tech Memo
Project Plans
General Business items are considered separately, typically in the order listed. The chair will call for public 3 A. Annual Mobility Update
10. BRIEF VERBAL REPORTS FROM MEMBERS AND STAFF
11. MATTERS OF INTEREST/CLARIFICATION
12. ADJOURNMENT
comment on each item when the body considers the item.
Recommendation: Informational item, no action required
Attachment(s):
Staff Report
PTSC Committee Improvements Table
PPT Presentation
A. Verbal report from Councilmembers on Intergovernmental (IGR) and Subcommittee Assignments
B. Verbal report from City Manager
Items in this category are for discussion and direction to staf only. However, Council/Board may take final action on an item if there is no need for additional staf analysis.
If you need assistance to participate in this meeting, please contact the City Clerk at (650) 595-7413. Notification in advance of the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
Meeting information can also be accessed via the internet at:www.belmont.gov. All staf reports will be posted to the web in advance of the meeting, and any writings or documents provided to a majority of the City Council/District Board or Commission regarding any item on this agenda will be made available for public inspection in the City Clerk's Of ice, One Twin Pines Lane, during normal business hours and at the Council Chambers at City Hall, Second Floor, during the meeting. 4
FY 2024-25 Budget Calendar
STAFF REPORT
Meeting Date: February 13, 2024
Agency: City of Belmont
Staff Contact: Grace Castaneda, Finance Director, [email protected] Agenda Title: Fiscal Year 2024-25 Budget Calendar
Agenda Action: Motion
Recommendation
Adopt motion approving Fiscal Year 2024-25 Budget Calendar.
Strategic Focus Area
Fiscal and Organizational Sustainability
Background
As part of the annual budget development process, the City Council adopts a budget calendar establishing dates leading to review and approval of the annual budget.
Analysis
The attached proposed Fiscal Year (FY) 2024-25 Budget Calendar calls for a series of work sessions ultimately resulting in the adoption of the budget on June 11, 2024.
Alternatives
1. Take no action.
Attachments
A. Proposed FY 2024-25 Budget Calendar
Fiscal Impact
☒ No Fiscal Impact
☐ Funding Source Confirmed:
Source: Purpose: Public Outreach:
Staff Discretionary Action Posting of Agenda
5 City of Belmont
FY 2024-25 Budget Calendar
Day Event Responsibility ✓
Tuesday,
2/13/2024
Adopt motion approving Budget Calendar Finance ✓
Tuesday,
2/27/2024
FY 2023-24 Mid-Year Budget Review and
Adoption
Finance & All
Departments
✓
March 2024
(Date TBD)
Council Priority Workshop
▪ FY 2024-25 Strategic Planning & Financial
Forecast
▪ Priorities and policy considerations
All Departments &
Finance
✓
Monday,
3/11/2024
Issue budget priorities, Master Revenue
Schedule, and detailed budget instructions and
forms to City departments
Finance
Wednesday,
3/27/2024
Submit proposed initiatives, operating and
capital requests, and revenue estimates to
Finance
All Departments
Wednesday,
4/3/2024-
Friday, 4/12/2024
Conduct departmental budget meetings City Manager,
Finance, & All
Departments
Monday,
4/15/2024
Begin compilation of FY 2024-25 Budget and
preparation of budget message
City Manager,
Finance
Friday, 5/10/2024 Distribute proposed FY 2024-25 Budget Finance Tuesday,
5/14/2024
▪ Introduce the proposed FY 2024-25 Budget
and department presentations
▪ Set public hearing on adopting the FY 2024-
25 Budget and setting non-Prop. 218 fees
and charges – June 11, 2024
All Departments ✓
June 2024
(Date TBD)
Audit Committee reviews proposed FY 2024-25
Budget
City Manager,
Finance
✓
Tuesday,
6/11/2024
▪ Present Audit Committee recommendation
▪ Public Hearing (City Council and Fire
Protection District)
▪ Adopt resolutions implementing FY 2024-25
Budget
City Manager,
Finance
✓
(✓) Check denotes Council or Council Standing Committee Action 6
Audit Service Agreement
STAFF REPORT
Meeting Date: February 13, 2024
Agency: City of Belmont
Staff Contact: Grace Castaneda, Finance Director, [email protected] Agenda Title: Service Agreement with Maze & Associates for Audit and Related Services Agenda Action: Resolution
Recommendation
Adopt a resolution authorizing the City Manager to execute a service agreement for audit and related services with Maze & Associates through fiscal year 2027-28.
Strategic Focus Area
Fiscal and Organizational Sustainability
Background
Maze & Associates has served as the City’s independent external auditor and has provided ancillary services to the City, such as advising on the implementation of new accounting pronouncements from the Government Accounting Standards Board (GASB). With Maze & Associates’ thorough and efficient services, the City is able to produce the Annual Comprehensive Financial Report (ACFR) in an expedited manner and receive the Excellence in Financial Reporting Award from the Government Finance Officers Association consecutively since 1998.
With the current agreement with Maze & Associates expiring for activities through fiscal year 2023-24, and in keeping with good business practices of periodically soliciting for audit services, staff issued a Request for Proposals (RFP) for a new multi-year audit contract. The RFP was issued in December 2023, and five firms responded. After an internal evaluation, Maze and Associates was selected as the finalist by the Audit Committee as the top-scoring firm.
Analysis
The Audit Committee performed their due diligence in evaluating the detailed scoring and evaluation of all five firms by staff. The firms were evaluated based on experience, staffing plan, audit methodology, technical abilities, timeliness, and cost. While each firm met the minimum qualifications to perform the engagement based on these criteria, the Audit Committee concluded that Maze & Associates was most highly qualified. Maze & Associates’ proposal shows the firm’s extensive experience, both with the City and with other local government agencies throughout California. Their proposed fee in each year of the contract is the lowest amongst all the firms who responded to the RFP.
Along with the Audit Committee’s recommendation to retain Maze & Associates, staff worked with the audit firm to subject their engagement plan for a periodic partner rotation, which has been the current practice and is consistent with AB 1345, requiring periodic lead audit partner or coordinating audit partner 7
Audit Service Agreement
rotation.
Following their review of the firm evaluations, the Audit Committee unanimously selected Maze and Associates as the highly qualified firm to be the City’s external auditor for services through fiscal year 2027-28, based on the criteria outlined above. The contract consists of a three-year engagement with the option for two one-year extensions.
Alternatives
1. With direction, select an alternative auditing services firm
2. Take no action.
Attachments
A. Resolution
B. Maze & Associates’ Fee Proposal
Fiscal Impact
☐ No Fiscal Impact
☒ Funding Source
Confirmed:
Funding for each year of the agreement will be incorporated as part of the annual budget development process for the respective entities – City of Belmont and Belmont Fire Protection District, and Belmont-San Carlos Fire Department, and will be contingent on Council appropriation.
The professional services agreement with Maze & Associates is for fiscal years 2023-24 through 2027-28. The fees amongst all entities for the respective years are:
2023-24 2024-25 2025-26 2026-27 2027-28
$97,595 $100,822 $104,146 $107,573 $111,102
Source: Purpose: Public Outreach:
Staff Statutory/Contractual Requirement Posting of Agenda 8
RESOLUTION NO. 2024 –
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELMONT
AUTHORIZING AN AGREEMENT WITH MAZE & ASSOCIATES FOR AUDIT AND RELATED SERVICES FOR AN AMOUNT NOT TO EXCEED $97,595 FOR FISCAL YEAR (FY) 2023-24, $100,822 FOR FY 2024-25, $104,146 FOR FY 2025-26, $107,573 FOR FY 2026-27, AND $111,102 FOR FY 2027-28
WHEREAS, the City of Belmont is required by federal, state, and local statutes to have an annual audit performed of its books and records; and, WHEREAS, the City of Belmont is obligated under bond covenants to have an annual audit of its financial statements performed by a certified public accountant; and, WHEREAS, Maze & Associates has performed such services in a satisfactory manner; and,
WHEREAS, the Audit Committee recommends a new contract with Maze & Associates to provide audit and related services.
NOW, THEREFORE, the City Council of the City of Belmont resolves as follows:
SECTION 1. The City Manager is authorized to negotiate and execute an audit and related services agreement with Maze & Associates for an amount not to exceed $97,595 for fiscal year (FY) 2023-24, $100,822 for FY 2024-25, $104,146 for FY 2025-26, $107,573 for FY 2026-27, and $111,102 for FY 2027-28. Funding for each year of the agreement will be incorporated as part of the annual budget development process and is contingent on City Council appropriation.
* * *
9
ADOPTED February 13, 2024 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
10 COST PROPOSAL
Maze & Associates Certification
Whitney Crockett, Audit Partner ([email protected]), and Vikki Rodriguez, CEO ([email protected]) are authorized to represent, sign for and contractually obligate Maze & Associates, a Professional Corporation, located at 3478 Buskirk Avenue, Suite 217, Pleasant Hill, CA, 94523, T(925)-228-2800. The proposal is a firm and irrevocable offer for 90 days.
Total Cost of Audit
Our Estimated All-Inclusive Maximum Prices for the services for the fiscal years ending June 30, 2024, 2025, and 2026, with the option of providing services for each of the two subsequent fiscal years are detailed at the end of this section. Our Total All-inclusive Maximum Prices for the services are firm fixed fees. If the City would like to extend further or add additional services, we can provide separate pricing as requested.
What Our Price Includes
Our price includes all the basic audit work and reports, statements and other deliverables specified in your request for proposal. Our price also includes the items below at no additional cost:
1) Year-round support and telephone consultation on pertinent issues affecting your City, 2) Copies of our journal entries and our leadsheets used to support the amounts in your financial statements,
3) Free full day of training at our annual MazeLive event, 4) Active Partner involvement in your work every year,
5) Our typed Interim Audit Checklist,
6) Our typed Annual Closing Checklist,
7) Our typed interim Accounting Issues Memorandum,
8) Overviews and summaries of upcoming pronouncements and regulation affecting the audited financial statements.
9) Direct dump of general ledger data into our ProSystems trial balance software which is fully linked to financial statement formats.
Additional Services
Any additional services will be performed and billed only after the City’s prior authorization at our standard billing rates.
31 11
COST PROPOSAL (Continued)
Fees and Billings
Our fees are firm fixed prices. In determining our fees, we understand that the City’s records will be in condition to be audited; that is, transactions will be properly recorded in the general ledger and subsidiary records, these accounting records and the original source documents will be readily available to use, we will be furnished with copies of bank reconciliations and other reconciliations and analyses prepared by the City and City personnel will be reasonably available to explain procedures, prepare audit correspondence and obtain files and records.
We do not post separate rate structures for municipal audit work. We view this work as being every bit as important and valuable as the work we perform for other clients and we put our best people on it.
Any consulting work you request will be performed at the same rates as our audit work.
Cost Proposal Attachments
We have always completed our work in the time budgeted and for the agreed upon fee. We have never requested additional fees for work within the scope of the audit after our work was completed. As always, we finish what we start, regardless of the accuracy of our budgets.
Our proposed schedule of charges for labor and expenses that we propose to charge the City for this project for fiscal year ending June 30, 2024 follows:
Hours
Standard
Hourly Rates
Quoted
Hourly
Rates Total
Partners 73.50 $325 $325 $23,890
Supervisory staff 209.00 125 125 26,125
Staff 568.00 100 100 56,800
Other -- Administrative 9.75 80 80 780
Sub-total 860.25 107,595
Out of pocket expenses (a) Included
Continuing Client Discount (10,000)
Total $97,595
32 12
COST PROPOSAL (Continued)
Our proposed total maximum all-inclusive price for the audit by deliverable based on the workplan outlined in the Proposal is as follows:
All-Inclusive Maximum Price
by Report 2023-2024 2024-2025 (1) 2025-2026 (1) 2025-2026 (1) 2025-2026 (1) Total a)
Audit City Annual
Comprehensive Financial
Report including Management
Letter, Memorandum on
Internal Control, and Required
Communications $67,670 $69,700 $71,791 $73,945 $76,163 $359,269 b)
San Mateo County Measure A
Compliance Report 2,690 2,771 2,854 2,940 3,028 14,283
c)
San Mateo County Measure W
Compliance Report 2,690 2,771 2,854 2,940 3,028 14,283
d)
Measure I Report on Revenues
and Expenditures 2,690 2,771 2,854 2,940 3,028 14,283
e)
GANN Limit Calculation
Agreed Upon Procedures
Report for the City 870 896 923 951 980 4,620
f)
GANN Limit Calculation
Agreed Upon Procedures
Report for the Belmont Fire
Protection District 870 896 923 951 980 4,620
g)
Single Audit Report (1 major
program, if required) (2) 6,055 6,237 6,424 6,617 6,816 32,149 h)
Preparation of the Annual
Cities Financial Transactions
Report to the State Controller
Report for the City 6,868 7,074 7,286 7,505 7,730 36,463 i)
Preparation of the Annual
Street Report to the State
Controller Report for the City 2,975 3,064 3,156 3,251 3,349 15,795 j)
Preparation of the Annual
Special Districts Financial
Transactions Report to the
State Controller Report for the
Belmont Fire Protection
District 1,913 1,970 2,029 2,090 2,153 10,155
k)
Preparation of the Annual
Special Districts Financial
Transactions Report to the
State Controller Report for the
Belmont Joint Powers
Financing Authority 1,913 1,970 2,029 2,090 2,153 10,155 Optional
SCHEDULE OF PROFESSIONAL FEES
FOR THE AUDIT OF FINANCIAL SERVICES BY REPORT
33 13
COST PROPOSAL (Continued)
Total Maximum All-Inclusive Price (Continued)
l)
Successor Agency to the City
of Belmont Redevelopment
Agency Footnote Disclosures 000000
m)
Audit Belmont-San Carlos Fire
Department Basic Financial
Statements including
Memorandum on Internal
Control and Required
Communications 5,010 5,160 5,315 5,474 5,638 26,597
n)
Preparation of the Annual
Special Districts Financial
Transactions Report to the
State Controller Report for the
Belmont-San Carlos Fire
Department 1,913 1,970 2,029 2,090 2,153 10,155
o)
Audit Transportation
Development Act Program
(per project, if required) 3,468 3,572 3,679 3,789 3,903 18,411 p)
Preparation/production of
ACFR and other audit reports
including web-ready PDF
version
q) Continuing Client Discount (10,000) (10,000) (10,000) (10,000) (10,000) (50,000) Total $97,595 $100,822 $104,146 $107,573 $111,102 $521,238 Notes:
(1) Our policy is to attempt to keep our clients fees constant after inflation. Therefore, the fees for years subsequent to 2024 have been adjusted for the future CPI increase of 3%. (2) Additional major programs will cost $6,055 each in fiscal year 2024. (included in ACFR a above)
34 14
Annual Investment Policy
STAFF REPORT
Meeting Date: February 13, 2024
Agency: City of Belmont
Staff Contact: Grace Castaneda, Finance Director, [email protected] Agenda Title: Annual Investment Policy
Agenda Action: Motion
Recommendation
Receive the City of Belmont Investment Policy as submitted by the Finance Director/City Treasurer.
Strategic Focus Area
Not Applicable
Background
In past years, the State of California Government Code Section 53646 required the Treasurer to render to the Council, at a public meeting, an annual investment policy. Although Council’s approval is no longer required by statute, the City, consistent with best practice, annually reviews and accepts its Investment Policy to provide transparency and disclosure.
Analysis
The Investment Policy, as recommended, affirms the Finance Director’s/City Treasurer’s fiduciary responsibility to safeguard public assets. The policy places a high priority on insuring safety of principal first and foremost, and then ensuring that the liquidity needs for payment of City obligations are met, prior to considering yield on investments.
Alternatives
1. With direction, refer the presented Investment Policy back to the Finance Director/City Treasurer.
Attachments
A. Investment Policy
Fiscal Impact
☒ No Fiscal Impact Acceptance of the City’s Investment Policy has no direct fiscal impact.
☐ Funding Source Confirmed:
Source: Purpose: Public Outreach:
Staff Discretionary Action Posting of Agenda
15 1
CITY OF BELMONT
INVESTMENT POLICY
TO: Belmont City Council
Belmont City Manager
FROM: Grace Castaneda, Finance Director/City Treasurer
RE: Annual Investment Policy
DATE: February 13, 2024
1.0 Policy:
It is the policy of the City of Belmont to invest public funds in a manner which will maximize security, followed by meeting the daily cash flow demands of the entity and then provide the highest investment return consistent with, and conforming to, all state and local statutes governing the investment of public funds.
2.0 Scope:
This investment policy applies to all investments as defined by the State of California Government Code accounted for in the City of Belmont’s Annual Comprehensive Financial Report.
3.0 Prudence:
Investments shall be made with judgment and care – under circumstances then prevailing – which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived.
3.1 The standard of prudence to be used by investment officials shall be the “prudent person” standard and shall be applied in the context of managing an overall portfolio. Investment officers acting in accordance with written procedures and the investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security’s credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments.
16 2
4.0 Objectives:
The primary objectives, in priority order, of the City of Belmont’s investment activities shall be:
4.1 Safety: Safety of principal is the foremost objective of the investment program. Investments of the City of Belmont shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. To attain this objective, diversification is required in order that potential losses on individual securities do not exceed the income generated from the remainder of the portfolio. Funds invested with the California Local Agency Investment Fund administered by the California State Treasurer meet this requirement for diversification.
4.2 Liquidity: The City of Belmont’s investment portfolio will remain sufficiently liquid to enable the City of Belmont to meet all operating requirements as reasonably anticipated.
4.3 Return on Investments: The City of Belmont’s investment portfolio shall be designed with the objective of attaining a rate of return throughout budgetary and economic cycles, commensurate with the City of Belmont’s investment risk constraints and the cash flow characteristics of the portfolio.
5.0 Delegation of Authority:
No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the Finance Director/City Treasurer. The Finance Director/City Treasurer shall be responsible for all investment transactions undertaken and shall establish a system of internal controls to regulate the activities of authorized personnel.
6.0 Ethics and Conflicts of Interest:
Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Employees and investment officials shall disclose to the Belmont City Clerk any material financial interests in financial institutions that conduct business within this jurisdiction.
17 3
7.0 Reporting:
The Finance Director/City Treasurer shall provide to the City Council monthly investment reports which provide a clear picture of the status of the current investment portfolio.
Schedules in the monthly report should include the following:
- A listing of individual securities held at the end of the reporting period by authorized investment category.
- Final maturity of all investments listed.
- Coupon, discount, or earnings rate.
- Par value and market value.
8.0 Investment Policy Adoption:
The City of Belmont’s investment policy shall be accepted by the City Council.
The policy shall be reviewed annually, and any modifications made thereto must be approved by the City Council.
18 FISCAL YEAR 2023-24
MONTHLY FINANCIAL REPORT - DECEMBER 31, 2023
HIGHLIGHTS
PERFORMANCE AT
A GLANCE REPORT • General Fund balance increased
compared to prior YTD
FUND RECAP AT A GLANCE
REPORT
Notable Fund Balance Increase compared to prior YTD:
•General Fund
•Development Services
•Belmont Fire Protection District
•Street Improvement
•Fleet & Equipment Management
• Sewer Collection System
• Sewer Treatment
Notable Fund Balance Decrease compared to prior YTD:
• Planned Park
• Storm Drainage Enterprise
CASH DISBURSEMENTS &
PURCHASE ORDER
ACTIVITY REPORT
•Amounts equal to and above $50,000
BUDGET VARIANCE
REPORT
• Management Discussion & Analysis
• Tax Trends
This report contains financial information which has not been reviewed or audited by an independent auditor, does not reflect the application of generally accepted accounting principles in all instances and is subject to future revision. This report has not been prepared with a view to informing an investment decision in any of the City’s bonds, notes or other obligations. Any projections, plans or other forward‐looking statements included in this report are subject to a variety of uncertainties that could cause any actual plans or results to differ materially from any such statement. The information herein is not intended to be used by investors or potential investors in considering the purchase or sale of the City’s bonds, notes or other obligations and investors and potential investors should rely only on information filed by the City on the Municipal Securities Rulemaking Board’s Electronic Municipal Market Access System for municipal securities disclosures and website, maintained on the World Wide Web at https://emma.msrb.org/ These financial reports are designed to provide a general overview of the City of Belmont’s interim finances. Questions concerning any information provided in these reports should be addressed to [email protected] or for additional information regarding the City’s financial activities, including past award winning audited financial statements, transparency efforts and best practices please visit the City at www.belmont.gov. 19 City of Belmont
Performance at a Glance
Results for the Period Ended December 31, 2023
(000's)
6/30/2014 $8,204 Audited
6/30/2015 $9,049 Audited
6/30/2016 $9,177 Audited
6/30/2017 $11,128 Audited
6/30/2018 $11,325 Audited
6/30/2019 $14,846 Audited
6/30/2020 $13,637 Audited
6/30/2021 $13,398 Audited
6/30/2022 $18,013 Audited
6/30/2023 $26,586 Audited
12/31/2023 $29,448 Unaudited
* excludes Measure I
\0
Fund Balance ‐ YTD Fund Deficits
As shown on the Fund Recap at a Glance (page 3) Recreation, Street Maintenance and Facilities Management Fund have deficits and are expected to be elminated in a future period.
The General Fund balance is $29.4 million, an increase of $2.9 million compared to the amount at the prior fiscal year end. Budgeted operating transfers $2.4 million from the General Fund to various funds will not be recorded until at the end of the fiscal year based on actual results.
General Fund
General Fund Balance Trends*
$0
$2
$4
$6
$8
$10
$12
$14
$16
$18
$20
$22
$24
$26
$28
$30
$32
General Fund Balance Trend
(in millions)
June December
$0 $20 $40 $60 $80
Budget
Expenditures
Actual
Expenditures
Budget
Revenues
Actual
Revenues
All Funds Revenues & Expenditures
YTD Comparison (in millions)
33%
58%
1%5% 3%
Capital Improvement Plan
Streets Sewer
Technology Recreational Facilities
Parks & Open Space
2 20
Audited Unaudited PY YTD
Fund Fund Balance YTD YTD PY YTD YTD YTD PY YTD Fund Balance Fund Balance Fund Name 06/30/23 Budget Actual (Under) % Actual Budget Actual Under % Actual 12/31/23 12/31/22 (1) (2) Over (3) (Over) (1)+(2)‐(3)
GENERAL FUND
101 General $26,586 $14,786 $15,040 $254 102% $19,649 $15,371 $12,178 $3,194 79% $11,061 $ 29,448 26,494 102 Measure I 3,937 1,155 886 (269) 77% 817 3,629 1,520 2,109 42% 426 3,302 3,315
SPECIAL REVENUE FUNDS
205 Recreation 583 1,685 865 (820) 51% 858 1,841 1,770 71 96% 1,578 (322) (717) 206 Library Maintenance & Operation 815 159 170 11 107% 162 522 188 334 36% 175 796 820 207 Athletic Field Maintenance 366 61 59 (2) 96% 68 176 49 127 28% 29 376 413208 City Tree 284 8 27 19 352% 5 43 49 (6) 115% 21 262 280209 Senior Services Donation 92 3 2 (1) 57% 1 3 0 3 0% 0 94 91 210 Development Services 1,538 2,624 3,784 1,160 144% 2,311 3,267 2,694 572 82% 2,377 2,627 1,013212 General Plan Maintenance 1,592 265 290 24 109% 410 562 415 147 74% 71 1,467 1,637 223 Belmont Fire Protection District 20,198 8,615 9,905 1,290 115% 8,753 6,417 9,400 (2,983) 146% 7,045 20,702 17,856 225 Police Grants and Donations 30 0 1 0 178% 0 3 0 2 13% 2 30 31 227 Supplemental Law Enforcement 7 88 127 39 145% 104 64 62 2 97% 88 72 16 231 Street Maintenance 0 1,950 627 (1,322) 32% 608 1,303 1,218 85 94% 1,150 (591) (540) 232 RMRA Street Project 606 350 300 (50) 86% 256 659 1 659 0% 7 905 248 233 Measure W 1,809 192 167 (25) 87% 323 475 0 475 0% 0 1,976 1,773 234 Street Improvements 1,903 624 615 (9) 99% 899 1,564 71 1,492 5% 747 2,447 1,053 237 Traffic Impact 97 814 2 (812) 0% 2 0 0 0 N/A 0 98 201 239 Public Art 404 154 7 (147) 5% 3 0 0 0 N/A 0 411 397275 Affordable Housing Successor 9,448 242 225 (18) 93% 3,001 1,969 130 1,839 7% 280 9,543 9,174 277 Inclusionary Housing 2,572 302 4 (298) 1% 1 0 0 0 N/A 0 2,575 2,453 Total Special Revenue 42,343 18,134 17,176 (958) 95% 17,767 18,866 16,048 2,818 85% 13,570 43,470 36,197
CAPITAL PROJECT FUNDS
308 General Facilities 734 7 13 6 184% 6 301 5 295 2% 5 741 722310 Infrastructure 2,395 22 44 22 198% 278 707 208 498 29% 814 2,231 2,263 312 Comcast PEG Program 405 4 7 3 186% 3 60 0 60 0% 0 412 397 341 Planned Park 1,701 20 28 8 139% 423 356 336 20 94% 373 1,393 2,030 342 Park Impact 641 1,354 24 (1,329) 2% 284 328 0 328 0% 151 666 459 343 Open Space 97 0 2 2 N/A 4 35 0 35 0% 24 99 144399 Capital Improvement Projects ‐ 18,885 7,029 (11,855) 37% 0 18,924 3,371 15,554 18% 0 3,659 0704 Special Assessment Districts 315 3 6 3 186% 2 0 0 0 N/A 0 321 309 Total Capital Projects 6,288 20,295 7,153 (13,141) 35% 1,001 20,711 3,920 16,790 19% 1,367 9,521 6,323
DEBT SERVICE & OTHER FUNDS
406 Library Bond Debt Service 286 338 348 10 103% 347 340 535 (195) 157% 531 99 86 501‐505 Sewer Collection System 31,482 9,982 8,526 (1,456) 85% 8,236 11,041 6,010 5,032 54% 5,243 33,998 28,407 507 Sewer Treatment 27,391 1,617 1,647 30 102% 1,607 2,050 2,118 (67) 103% 2,275 26,919 25,304525 Storm Drainage Enterprise 2,173 670 581 (88) 87% 609 1,613 1,011 602 63% 810 1,744 2,385530 Solid Waste Management 1,868 317 276 (41) 87% 244 283 264 20 93% 257 1,880 1,742 570 Worker's Compensation 1,761 445 551 107 124% 409 366 686 (320) 188% 648 1,627 1,291571 Liability Insurance 3,686 424 (49) (473) ‐11% (111) 562 630 (68) 112% 600 3,008 2,665572 Self Funded Vision 0 0 0 0 N/A 0 0 (4) 4 N/A (5) 4 5 573 Fleet & Equipment Management 8,394 2,332 2,406 74 103% 2,274 2,629 2,367 262 90% 2,253 8,433 7,429 574 Facilities Management (603) 1,731 1,437 (294) 83% 881 1,303 1,305 (2) 100% 1,230 (471) (347) 575 Benefit Prefunding 1,234 742 735 (6) 99% 702 679 802 (123) 118% 814 1,168 967 Total Debt & Other 77,673 18,597 16,458 (2,139) 88% 15,197 20,867 15,722 5,145 75% 14,657 78,409 69,932 Total All Funds $156,826 $72,966 $56,712 ($16,254) 78% $54,431 $79,444 $49,388 $30,055 62% $41,081 $164,150 $142,261 Fund Types:
Variance
City of Belmont
Fund Recap at a Glance
Results for the Period Ended December 31, 2023
(000's)
General Fund ‐ Used to account for and report all financial resources not accounted for and reported in another fund.
Special Revenue Funds ‐ Used to account for and report the proceeds of specific revenue sources that are restricted or committed to expenditure for specific purposes other than debt service or capital projects.
Capital Projects Funds ‐ Used to account for and report financial resources that are restricted, committed, or assigned to expenditure for capital outlays, including the acquisition or construction of capital facilities and other capital assets.
Debt Service & Other Funds ‐ Includes funds used to account for and report financial resources that are restricted, committed, or assigned to expenditure for principal and interest; funds used to finance and account for special activities and services performed by a designated department for other departments in the City on a cost reimbursement basis; and funds to account for operations financed and operated in a manner similar to a private business enterprise with the intent that the cost of providing goods and services is primarily financed through user charges; and funds used to account for assets held by the City as an agent.
Variance
Revenues Expenditures
3 21
City of Belmont
Budget Variance Report
General Fund / All Other Funds
Results for the Period Ended December 31, 2023
(000's)
General Fund All Other Funds
Year to Date (YTD) Annual PY YTD Year to Date (YTD) Annual PY YTD Budget Actual Variance % Budget Actual Budget Actual Variance % Budget Actual
REVENUES
Taxes $10,986 $10,263 ($723) 93% a $21,971 $11,924 $10,735 $10,496 ($240) 98% a $21,471 $10,075 Licenses and permits 594 433 (161) 73% b 1,188 494 1,032 1,387 355 134% 2,064 1,180 Intergovernmental 168 243 75 145% 336 3,400 5,002 4,866 (135) 97% d 10,003 1,508 Charge for services 2,174 2,212 39 102% 4,347 2,282 22,464 18,152 (4,311) 81% e 44,928 17,711 Fines and forfeits 80 63 (17) 79% 160 ‐ 60 ‐ ‐ N/A ‐ ‐ 606 1,810 1,204 299% 1,212 1,481 1,082 3,150 2,067 291% 2,165 1,443 Miscellaneous 179 15 (163) 9% c 357 8 169 380 212 225% 337 (82) Other financing sources ‐ ‐ ‐ N/A ‐ ‐ ‐ ‐ ‐ N/A ‐ 2,947 Operating transfers in ‐ ‐ ‐ N/A ‐ ‐ 17,696 3,241 (14,456) 18% f ‐ 35,393 Total Revenues 14,786 15,040 254 102% 29,572 19,649 58,180 41,672 (16,508) 72% 116,361 34,782
EXPENDITURES
General government 3,855 3,221 (634) 84% 7,709 2,880 4,020 4,561 540 113% g 8,041 4,325 Public safety 7,869 7,741 (128) 98% 15,738 7,174 6,458 9,439 2,980 146% h 12,917 7,135 Streets and utilities ‐ ‐ ‐ N/A ‐ ‐ 25,168 10,260 (14,908) 41% 50,337 9,587 Culture and recreation 1,280 1,204 (77) 94% 2,560 1,007 4,859 3,517 (1,342) 72% 9,719 3,350 Urban redevelopment ‐ ‐ ‐ N/A ‐ 4,795 2,441 (2,354) 51% 9,591 1,946 Debt service ‐ ‐ ‐ N/A ‐ ‐ 3,307 3,765 457 114% i 6,614 3,677 Operating transfer out 2,367 12 (2,355) 1% 4,735 15,464 3,228 (12,235) 21% 30,927 Total Expenditures 15,371 12,178 (3,194) 79% 30,743 11,061 64,073 37,211 (26,862) 58% 128,145 30,020 ($585) $2,862 ($1,171) $8,588 ($5,892) $4,462 ($11,785) $4,762 Management Discussion and Analysis
(Items with unfavorable budget variance more than $0.1 million) General Fund
Revenues
Other Funds
Revenues
Other Funds
Expenditures
e) Charge for Services ‐ Various in lieu/impact fees and sewer connection fee budgeted for are not materialized in the current reporting period. a) Taxes ‐ The budget variance is primarily due to the timing of receipts. In addition, the majority of Sales Tax and Transient Occupancy Taxes (TOT) received in July are related to June activities, which are subject to an account adjustment.
b) Licenses and permits ‐ The budget variance is primarily due to the timing of receipts and an accounting adjustment. c) Miscellaneous ‐ The budget variance is primarily due to the timing of the annual Crystal Springs Uplands School (CSUS) Public Service Fee, which will be received in a future reporting period.
Use of money and property
EXCESS OF REVENUES OVER/
(UNDER) EXPENDITURES
a) Taxes ‐ The budget variance is primarily due to the timing of receipts. In addition, the majority of Sales Tax received in July are related to June activities, which are subject to an accounting adjustment. d) Intergovernmental ‐ The revenue will be received in a future reporting period.
Trends
** July Sales Tax & TOT revenues received were for June activities and accrued to the previous FY. July revenues will be received in August.
g) General Government ‐ The annual insurance premiums and OPEB contributions were paid in July. h) Public Safety ‐ First quarter payments of $1.7M to BSCFD and $2.3M to San Mateo Consolidated Fire Department were made in July. i) Debt Service ‐ Semi‐annual debt service on bonds were paid in August and January. f) Operating Transfers In – Budgeted operating transfers are recorded at the end of the fiscal year based on actual results. ‐$650
‐$450
‐$250
‐$50
$150
$350
$550
$750
$950
Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
Thousands
Sales Taxes & TOT ‐ Monthly Comparison
Sales Taxes FY 23 Sales Taxes FY 24 TOT FY 23 TOT FY 24 $0 $2,000
$4,000
$6,000
$8,000
$10,000
$12,000
$14,000
FY 14 FY 15 FY 16 FY 17 FY 18 FY 19 FY 20 FY 21 FY 22 FY 23 Thousands
Major General Fund Taxes ‐ 10‐year Trends
Prop Tax Sales Taxes TOT
4 22
City of Belmont
Disbursements & Purchase Order Activity Report
Results for the Period Ended December 31, 2023
Vendor Description Date No. Amount
ADP PAYROLL 11/25/2023 TAXES 12/1/23 DAJ000008671 123,220.73 ADP PAYROLL 12/09/2023 TAXES 12/15/23 DAJ000008673 112,797.36 ADP PAYROLL 12/23/2023 TAXES 12/29/23 DAJ000008677 106,752.11 CALPERS COB CONTRIBUTIONS PPE 11/17/23 12/7/23 DAJ000008643 133,705.81 CALPERS COB HEALTH PREMIUM‐JANUARY 12/11/23 DAJ000008645 187,497.20 CALPERS COB CONTRIBUTIONS PPE 12/01/23 12/20/23 DAJ000008665 128,740.59 CITY OF BELMONT EMPLOYEES PAYROLL 12/09/2023 12/15/23 DAJ000008674 472,004.54 CITY OF BELMONT EMPLOYEES PAYROLL 12/23/2023 12/29/23 DAJ000008676 460,402.81 EYEP SOLUTIONS FORTINET SUPPORT 12/15/23 EFT00033883 77,981.66 GOOD CITY COMPANY PLANNING SERVICES 12/15/23 EFT00033903 79,281.84 PAVEMENT ENGINEERING INC DAVEY GLEN ROAD IMPROVEMENTS PROJECT 12/1/23 EFT00033813 63,100.00 SAN MATEO CONSOLIDATED FIRE DEPARTMENT FY23/24 Q3 CONTRIBUTIONS AND OCTOBER CONTRACTED SERVICES 12/8/23 EFT00033832 2,302,334.25 SAN MATEO COUNTY ‐ HEALTH FY23/24 ANIMAL CONTROL COSTS 12/15/23 1204297 157,314.00 SILICON VALLEY CLEAN WATER COB QTRLY CASH SHARE 12/8/23 EFT00033822 347,981.60 Total Disbursements in Excess of $50,000 4,753,114.50 $ Total Count 14
Vendor Description Date No. Amount
NONE
Total Purchase Orders Issued in Excess of $50,000 $ ‐ Total Count ‐
Disbursements Amounts Equal to $50,000 and Above
Purchase Order Amounts Equal to $50,000 and Above
5 23
Beginning Balance Ending Balance
November 30, 2023 Receipts Disbursements December 31, 2023 City of Belmont $ 107,113,448.82 $ 15,959,130.26 $ (3,263,437.79) $ 119,809,141.29 Belmont Fire Protection District 15,982,380.79 7,151,550.65 (2,601,288.81) 20,532,642.63 Total $ 123,095,829.61 $ 23,110,680.91 $ (5,864,726.60) $ 140,341,783.92 -
Deposit Investments Pool Total
City of Belmont & Belmont Fire Protection District $ 1,885,288.56 $ 138,456,495.36 $ 140,341,783.92 -
Respectfully Submitted,
s/b Grace Castaneda
Grace Castaneda
City Treasurer
I certify that this report accurately reflects all investments of City of Belmont and Belmont Fire Protection District, and is in conformance with the adopted Investment Policy mandated by Government Code 53646. Furthermore, I certify to the best of my knowledge, sufficient investment liquidity and anticipated revenues are available to meet the Agency's budgeted expenditure requirement for the next six months.
CITY OF BELMONT
TREASURER'S REPORT
December-23
Balance Summary
Agency Receipts and Disbursements Summary
treasurer report 12-2023.xlsx
24 Investment Type Issuer
Maturity
Date Par Amount Current Market Value Interest Total
Investment
Period Rate
Pricing
Source Manager
Deposit
General Account Wells Fargo $ 1,885,288.56 $ 1,885,288.56 Bank Bank Investments:
L.A.I.F.-POOL State of California Daily 132,764,712.77 130,946,863.67 434,693.80 90 days 3.929% LAIF LAIF L.A.I.F.-BONDS State of California Daily 5,691,782.59 5,613,849.22 18,635.84 90 days 3.929% LAIF LAIF Total $ 140,341,783.92 $ 138,446,001.45 $ 453,329.64
s/b Grace Castaneda
S/B John Violet
Investment Detail
CITY OF BELMONT
TREASURER'S REPORT
December-23
Dec-22 Jan-23 Feb-23 Mar-23 Apr-23 May-23 Jun-23 Jul-23 Aug-23 Sep-23 Oct-23 Nov-23 Dec-23 L.A.I.F.-POOL 114,502,429 114,810,359 117,310,359 117,310,359 127,892,077 124,692,077 128,042,077 115,474,495 115,474,495 117,024,495 115,089,713 115,789,713 132,764,713 L.A.I.F.-BONDS 8,581,303 7,384,268 7,384,268 7,384,268 7,435,147 7,287,147 7,287,147 6,909,922 6,909,922 6,909,922 6,972,783 6,870,783 5,691,783 INTEREST RATE 2.173% 2.425% 2.624% 2.831% 2.870% 2.993% 3.167% 3.305% 3.434% 3.534% 3.670% 3.843% 3.929%
0.00%
0.50%
1.00%
1.50%
2.00%
2.50%
3.00%
3.50%
4.00%
4.50%
$0
$20,000,000
$40,000,000
$60,000,000
$80,000,000
$100,000,000
$120,000,000
$140,000,000
City of Belmont Investment Portfolio Trends
San Juan Blvd Sewer Capacity Improvement Project Task Order - Staff Report
STAFF REPORT
Meeting Date: February 13, 2024
Agency: City of Belmont
Staff Contact: Bozhena Palatnik, Public Works, (650) 595-7463, [email protected] Agenda Title: San Juan Blvd Sewer Capacity Improvement Project Task Order Agenda Action: Resolution
Recommendation
Adopt a resolution authorizing the City Manager to execute a Task Order with Schaaf and Wheeler Consulting Civil Engineers for an amount not to exceed $130,320 for design, bid, and construction support services for the San Juan Blvd Sewer Capacity Improvement Project.
Strategic Focus Area
Infrastructure and Mobility
Background
As part of the Sanitary Sewer Master Plan, the engineering consultant developed a hydraulic model evaluating current and future flow characteristics observed in the Belmont sanitary sewer system. Capacity evaluation was performed, results of the model were analyzed considering existing needs along with anticipated new development, and a capital improvement program (Sewer CIP) was developed for existing (2023), near-term future (2028), and long-term future (2043) Peak Wet Weather Flow (PWWF) conditions.
The first 2 capital improvement projects (CIPs) identified as a top priority involve capacity deficient sanitary sewer gravity pipes feeding into the City’s largest sanitary sewer lift station – San Juan. Below is more information regarding these CIPs.
1. Upsizing of 325 linear feet of 8-inch inlet pipe leading to the San Juan Lift Station to 15-inch.
2. Upsizing of 1,506 linear feet of 6-inch pipe between East Laurel Creek Rd and Marburger Avenue to 10-inch and upsizing downstream 668 linear feet of 6-inch pipe in the same area to 12-inch.
The project will also involve manhole upgrade/replacement along the pipe alignment.
Upon completion of this project, City will work on designing subsequent and related upgrades for the San Juan lift station and force main project that were identified in the new 5-year CIP.
Analysis
City staff reached out to on-call consultants seeking design service for the project improvements, and Schaaf and Wheeler responded with the most comprehensive proposal that included the following tasks:
26
San Juan Blvd Sewer Capacity Improvement Project Task Order - Staff Report
1. Data collection, site visits, and review of existing conditions.
2. Utility investigation, surveying, potholing, and coordination.
3. Preparation of 65%, 95% and 100% plans and specifications in accordance with the City’s standards.
4. Providing support services to City during bidding phase including responding to Requests for Information (RFIs) from bidders and evaluating bids received.
5. Providing construction phase support services including but not limited to review of submittals, contract change order preparation and/or review, responding to RFIs, and as-built preparation.
This project is on a critical path for completion prior to next year’s wet season. The design is expected to take 2.5 months followed by construction, which is tentatively scheduled to start in July and finish by October 2024 before the start of the rainy season.
Alternatives
1. Take no action.
2. Refer back to staff for further information.
Attachments
A. Resolution
B. Proposal from Schaaf and Wheeler Consulting Civil Engineers Fiscal Impact
☐ No Fiscal Impact
☒ Funding Source Confirmed: San Juan Sewer Main Capacity Improvements Project# 7086 (Account #399-3-730-7086-9030)
Source: Purpose: Public Outreach:
Staff Statutory/Contractual Requirement Posting of Agenda 27
RESOLUTION NO. 2024 –
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELMONT
APPROVING SAN JUAN BLVD SEWER CAPACITY IMPROVEMENT PROJECT -
DESIGN TASK ORDER WITH SCHAAF AND WHEELER CONSULTING CIVIL
ENGINEERS
WHEREAS, as part of the Sanitary Sewer Master Plan 5-year Capacity Improvement Plan, two (2) projects were identified involving capacity deficient sanitary sewer gravity pipes feeding into the City’s San Juan sanitary sewer lift station; and, WHEREAS, staff solicited proposals from qualified civil engineering firms under existing on-call agreements; and,
WHEREAS, staff selected Schaaf and Wheeler Consulting Civil Engineers to design this project for an amount not to exceed $130,320; and, WHEREAS, $170,000 is budgeted in fiscal year 2023-24 under San Juan Sewer Main Capacity Improvements Project Account #399-3-730-7086-9030.
NOW, THEREFORE, the City Council of the City of Belmont resolves as follows:
SECTION 1. The City Manager is authorized to execute a Task Order with Schaaf and Wheeler Consulting Civil Engineers for an amount not to exceed $130,320 for design, bid, and construction support services for the San Juan Blvd Sewer Capacity Improvement Project.. * * *
ADOPTED February 13, 2024 by the City of Belmont City Council by the following vote:
Ayes:
Noes:
Absent:
Abstain:
28
ATTEST:
City Clerk
Mayor
APPROVED AS TO FORM:
City Attorney
29 Schaaf & Wheeler
CONSULTING CIVIL ENGINEERS
1171 Homestead Rd., Ste. 255
Santa Clara, CA 95050
(408) 246-4848
January 31, 2024
PROPOSAL FOR
City of Belmont
San Juan Boulevard Sewer Capacity Improvement Project
30 Table of Contents
Schaaf & Wheeler
Table of Contents
Cover Letter.................................................................................................................................1 Firm Qualifications .....................................................................................................................2 About Schaaf & Wheeler ...........................................................................................................2 Relevant Project Examples .......................................................................................................3 Proposed Team.........................................................................................................................6 Scope of Services .......................................................................................................................7 Task 1: Project Management and Coordination ........................................................................7 Task 2: Data Collection and Review..........................................................................................7 Task 3: Site Visits......................................................................................................................7 Task 4: Utility Coordination........................................................................................................7 Task 6: 65% Design ..................................................................................................................8 Task 7: 95% Design ..................................................................................................................8 Task 8: Final Design..................................................................................................................8 Task 9: Bid Support Services ....................................................................................................8 Task 10: Construction Support..................................................................................................8 Assumptions..............................................................................................................................9 Cost Proposal............................................................................................................................10 Proposed Schedule ..................................................................................................................11 Appendix: Resumes
31 (408) 246-4848
Schaaf & Wheeler 1
Schaaf & Wheeler
CONSULTING CIVIL ENGINEERS
4699 Old Ironsides Dr., Ste. 350
Santa Clara, CA 95054
Cover Letter
January 31, 2024
Bozhena Palatnik, PE, Sr. Civil Engineer
Public Works Department
City of Belmont
One Twin Pines Lane
Suite 385 Belmont, CA 94002
Subject: Proposal for San Juan Boulevard Sewer Capacity Improvement Project Dear Ms. Palatnik,
Schaaf & Wheeler is pleased to submit the enclosed proposal to provide sanitary sewer improvement design services to the City of Belmont. Our firm is positioned to provide design services for the gravity sewer capacity improvements on San Juan Boulevard that meet the City’s desired schedule.
Our firm has provided sewer rehabilitation services to the City and surrounding public agencies for almost 40 years. Our extensive knowledge and experience working with the City will ensure that the project is completed successfully.
I will be the project manager, bringing more than 20 years of experience providing wastewater rehabilitation services throughout the Bay Area, including several projects for the City. Charles D. Anderson, PE will be the principal-in-charge, with more than 30 years overseeing water resources engineering projects in California.
The enclosed proposal presents our team qualifications and project scope. We welcome the opportunity to meet with the City to discuss our proposal further. Should you need additional information, please contact me at (707) 528-4848 or [email protected].
Sincerely,
Schaaf & Wheeler
Benjamin L. Shick, PE
Vice President
32 Firm Qualifications
Schaaf & Wheeler 2
Firm Qualifications
About Schaaf & Wheeler
Firm Name: Schaaf & Wheeler
Type of Organization: Corporation – Incorporated in California since 1985, in business 39 years
Primary Contact: Benjamin L. Shick, PE
(707) 528-4848; [email protected]
Offices: HQ: 4699 Old Ironsides Drive, Suite 350, Santa Clara, CA 95054 870 Market Street, Ste. 1278, San Francisco, CA 94102
2200 Range Avenue, Ste. 201, Santa Rosa, CA 95403
3 Quail Run Circle, Ste. 101, Salinas, CA 93907
10232 Donner Pass Road #4, Truckee, CA 96161
Professional
Registrations and
Affiliations:
Certified State of California Small Business Enterprise Certification No. 40527
Schaaf & Wheeler is a civil engineering firm focused in water resources. With almost 40 years of commitment to solving flood control, stormwater, wastewater, potable water, and recycled water problems, Schaaf & Wheeler is recognized by public and private sector clients for its valueadded engineering. We are certified as a small business enterprise by the State of California and operate from five locations: Santa Clara, San Francisco, Santa Rosa, Salinas, and Truckee.
Schaaf & Wheeler has 10 areas of focus within the water resources discipline:
▪ Hydrology and hydraulics analyses, including site evaluations and modeling; ▪ Flood control analyses, including floodplain studies and channel design, filing of letters of map revision, and FEMA coordination;
▪ Watershed assessments, erosion and sediment control, and bioengineered channel stabilization;
▪ Water quality, including design or review of best management practices (BMPs) for stormwater treatment and hydromodification flow control facilities; ▪ Stormwater management and drainage services, including master planning, engineering, and design of urban storm drain systems and pump stations; ▪ Wastewater system master planning, engineering, and design of conveyance systems, including lift stations;
▪ Potable water system master planning, modeling, engineering; and design of supply, storage, collection and distribution systems, including tanks and booster stations; ▪ Recycled water systems planning, engineering, and design; including reclamation feasibility studies and customer retrofits;
▪ Construction management, construction site observation, construction inspection services, value engineering, construction cost analysis, and constructability reviews; and
▪ Project management, including management of subconsultants, containment of schedule and cost, and communications with client and stakeholders. 33 Firm Qualifications
Schaaf & Wheeler 3
Relevant Project Examples
Schaaf & Wheeler has served municipal clients continuously throughout our 39-year history. We have assembled a team of specialists with extensive experience in sewer rehabilitation. The below relevant experience highlights projects similar in size and scope to the City’s requested services.
Client & Contact:
Bozhena Palatnik, Senior
Civil Engineer
City of Belmont
Department of Public Works
One Twin Pines Ln, Ste. 385
Belmont, CA 94002
(650) 595-7463
[email protected]
Contract Value: Various
Team Members:
Benjamin L. Shick, PE; Glen
M. Anderson, PE; Curran L.
Price, PE; Jonathan F.
Ondracek, EIT
Sanitary Sewer Rehabilitation Projects:
2015, 2016, 2017, 2019, and 2023
The City of Belmont selected Schaaf & Wheeler to evaluate, prioritize, and design the rehabilitation and replacement of their high priority gravity sewer lines throughout the City. Our most recent projects have included the 2017 sewer rehabilitation project, which involved 2.5 miles of sewer rehabilitation throughout the City, mostly in tightly congested areas and in backyard easements.
The 2019 project consisted of over 11,000 linear feet of sewer rehabilitation and replacement within sewer easements with limited and difficult access throughout the City. The 2023 sewer project included addressing condition related issues within streets with upcoming pavement rehabilitation projects.
Construction methods include pipe bursting, open trench excavation, and CIPP lining.
Client & Contact:
Bozhena Palatnik, Senior
Civil Engineer
City of Belmont
Department of Public Works
One Twin Pines Ln, Ste. 385
Belmont, CA 94002
(650) 595-7463
[email protected]
Contract Value: ~$284,815
Construction Cost: $4.15M
Team Members:
Benjamin L. Shick, PE;
Charles D. Anderson, PE;
Curran L. Price, PE
North Road Pump Station Rehabilitation Project:
2017 – 2018
The City of Belmont conducted pump station and force main condition assessments, which identified the need to rehabilitate and upsize the North Road Pump Station to address a lack of room to expand and multiple utilities.
Schaaf & Wheeler was hired to design the installation of a new wet well, pumps, associated equipment, and force main along El Camion Real. Schaaf & Wheeler’s team performed detailed utility investigations, potholing, geotechnical investigations, and permitting coordination during preliminary design.
After confirming the feasibility of the proposed project, Schaaf & Wheeler prepared detailed design documents for a new
pump station, new force main, re-routing of existing sewer and storm drain infrastructure, and rehabilitation of existing manholes.
Schaaf & Wheeler obtained a Caltrans Encroachment Permit for the project, obtained approval from Caltrain for work within their parking lot, and coordinated the project with SamTrans.
Our design met all local, state, and federal requirements. 34 Firm Qualifications
Schaaf & Wheeler 4
Client and Contact:
Chris Good
Town of Corte Madera
300 Tamalpais Drive
Corte Madera, CA 94925
(415) 927-5794
[email protected]
Contract Value: $299,384
Constrution Cost: $2.1M
Team Members:
Benjamin L. Shick, PE; Curran
Price, PE; Jonathan Ondracek,
EIT
Sanitary District No. 2, 2020 Sewer
Rehabilitation Project
Schaaf & Wheeler contracted with the Town of Corte
Madera to design sewer repair and replacement on
Harbor Dr, Echo Dr, Yolo St, Channel Dr, Edgemear
Way, Baja Ct, and Madera Del Presidio Dr.
The project consists of sanitary sewer spot repairs,
replacement of the sewer using open trench and
bursting, re-alignment of the sewer, replacement of all lower laterals, replacement of manholes, rehabilitation of manholes. This project occurred in an area that is
relatively flat with high groundwater and bay mud.
Key Elements:
▪ 3,000+ LF of sanitary sewer main replacement
▪ 4,000+ LF of lateral replacement
▪ Manhole inspections and rehabilitation design
▪ Utility investigations & potholing
▪ Surveying
▪ Geotechnical Investigation
▪ CCTV Sewer Inspections
Client and Contact:
Chris Good
Town of Corte Madera
300 Tamalpais Drive
Corte Madera, CA 94925
(415) 927-5794
[email protected]
Contract Amount: $342,263
Construction Cost: $2.64M
Team Members:
Benjamin L. Shick, PE; Curran L.
Price, PE; Jonathan F. Ondracek,
EIT
Sanitary District No. 2, 2021 Sewer
Rehabilitation Project
Schaaf & Wheeler contracted with the Town of Corte
Madera (Sanitary District No. 2) to design sewer
rehabilitations and replacement on El Camino Dr,
Granada Dr, Estrada Ln, Paloma Dr, Sonora Way,
Endeavor Dr, and Endeavor Cove.
Key Elements:
▪ 3,900+ LF of sanitary sewer main replacement
▪ 4,400+ LF of lateral replacement
▪ Manhole rehabilitation and replacement
▪ Utility investigations and potholing
▪ Surveying
▪ Geotechnical investigation in area underlain with
Bay Mud
▪ CCTV sewer inspections
The project consists of sanitary sewer spot repairs,
replacement of the sewer using open trench and pipe
bursting, re-alignment of the sewer, replacement of all lower laterals, replacement of manholes, and
rehabilitation of manholes.
The project occurred in an area that is relatively flat with high groundwater and poor soils (underlain with
deep layer of Bay Mud).
35 Firm Qualifications
Schaaf & Wheeler 5
Client and Contact:
Ahmed Aly, Public Works
City of Mill Valley
26 Corte Madera Avenue
Mill Valley, CA 94941
(415) 384-4755
[email protected]
Contract Amount: $129,495
Construction Cost: $1.06M
Team Members:
Benjamin L. Shick, PE; Curran L.
Price, PE; Jonathan F. Ondracek,
EIT ; Daniel J. Schaaf, PE
Sanitary Sewer Repair Projects: 2019 – 2020
The City of Mill Valley identified 21 “Hot Spot” locations with considerable maintenance issues. Most of the “Hot
Spot” sewer lines are located on steep hillsides and
backyard easements where access is limited and
difficult.
Schaaf & Wheeler assessed each location to determine
the cause of the issues, assessed the condition of the
pipe and connecting manholes, and provided capital
improvement recommendations along with estimates of
probable construction costs.
Subsequently, Schaaf & Wheeler conducted additional
surveys, investigations, and inspections at each project location to develop detailed bid documents for the
recommended improvements.
The proposed construction methods include open
trench replacement, spot repairs, pipe bursting, and
cured-in-place pipe rehabilitation. The bid documents
included detailed plan and profiles of pipes to be
rehabilitated and replaced, construction details,
photographs and descriptions of existing site
improvements, details and descriptions for construction site access issues and restrictions, and technical
specifications.
Client and Contact:
Laura Webb
City of San Mateo
330 West 20th Ave
San Mateo, CA 94403
(650) 522-7322
[email protected]
Contract Value: $1,323,790
Constrution Cost: $6,486,711
Team Members:
Benjamin L. Shick, PE; Curran
Price, PE; Jonathan Ondracek, EIT;
Christian Encarnacion, EIT
Sanitary Sewer Rehabilitation Design, Basin E:
2020 – Present
Schaaf & Wheeler provided the City of San Mateo with
CCTV inspection and cleaning, assessment, and
design for the Basin E sewer system.
The project consisted of cleaning, inspecting, and
assessing 286,417 LF of sewer mains and 1,387
manholes and designing the recommended
improvements.
The design included over 33,000 LF of sanitary sewer
rehabilitation, 187 spot repairs, and replacement, and
rehabilitation of over 200 manholes. The project is
located within easements, street right-of-way, and
within Caltrans jurisdiction (El Camino Real and US101). Schaaf & Wheeler completed 60%, 90%, and 100% design submittals, which included a presentation
and review meeting with the City and application of
comments.
The project is currently under construction.
36 Firm Qualifications
Schaaf & Wheeler 6
Proposed Team
Schaaf & Wheeler has assembled a dedicated team of in-house engineers to complete the proposed project for the City. A summary of the management team is included below, with resumes of the full team included in the Appendix.
Benjamin L. Shick, PE: Project Manager
Ben has more than 20 years of experience in infrastructure planning and design of wastewater, potable water systems, and stormwater. Ben has served as project manager and project engineer of sewer replacement and rehabilitation, gravity sewers, sewage lift stations, stormwater pumping stations, floodplain investigation, shoreline protection studies, drainage studies, channel design and modeling, water rights permitting, wetland analysis and design, small bridge design for public agencies throughout the Bay Area.
As project manager, Ben will be responsible for day-to-day project management for the entire length of the project. He will assign project tasks and focus and maintain the project schedule and budget as well as undertake ultimate responsibility for the quality of all work products. Ben will hold regular team meetings to make sure issues are resolved effectively and to allocate resources to critical tasks. He will work closely with the City staff and City’s project manager to make sure contractual and procedural issues are identified and resolved.
Charles D. Anderson, PE: Principal-in-Charge
Chuck is an owner and president of Schaaf & Wheeler. He has over 30 years of experience in hydrology and hydraulics, flood protection solutions, floodplain evaluation, flood insurance studies, stormwater management, design of wastewater and water supply, conveyance, and pumping infrastructure design. Chuck has engineered several bayfront protections including floodwalls, levees, and tidal gates; designed storm drain pump stations, and authored drainage master plans. He often interacts with FEMA, having completed numerous flood insurance studies (FIS) and letters of map revision (LOMRs) on behalf of public and private clients. His San Mateo Bayfront Levee Improvement project has won several state and regional awards.
As principal-in-charge, Chuck will be responsible for contract negotiation and will work with Ben to maintain the project schedule and budget. He will work with City staff to make sure contractual issues are resolved. He will also provide peer review as part of his QA/QC services.
Principal-in-Charge
Charles D. Anderson, PE
Project Manager
Benjamin L. Shick, PE
Project Engineer
Curran L. Price, PE
Project Engineer
Jonathan Ondracek
Project Engineer
Christian Encarnacion
37 Scope of Services
Schaaf & Wheeler 7
Scope of Services
This Scope of Work includes the preparation of bid documents, bid support services, and construction support services for the gravity sewer capacity improvement projects on San Juan Boulevard as identified in the Sanitary Sewer Master Plan Update, January 2024. The scope includes CIP Projects CCIP 1 and CCIP 2, which includes a total of approximately 2,500 linear feet of new 10-inch to 15-inch gravity sewer mains within San Juan Boulevard from the San Juan Pump Station to just east of Marburger Avenue.
This scope includes review of existing available data, preparation of project basemapping based on existing data, development of bid documents, bid support, and construction support services.
Task 1: Project Management and Coordination
Schaaf & Wheeler will schedule and attend a formal project kick-off meeting with the City of Belmont as soon as possible following a Notice to Proceed. This meeting’s purpose is to understand the City’s goals and to ensure that proposed work products thoroughly meet the City’s needs. Agenda topics will include gathering relevant available existing data, verifying City standards, and identifying known issues and concerns. We will also discuss the project schedule and costs to make certain all team members and client stakeholders are coordinated.
Schaaf & Wheeler will provide project management and internal design reviews for the duration of the project, including attendance at two design review meetings, and routine coordination with the City. Schaaf & Wheeler’s project manager has developed an estimated schedule and fee for each project task, which are included in this proposal.
Task 2: Data Collection and Review
Schaaf & Wheeler will collect existing available information from the City, including as-builts, reports, CCTV data, utility mapping, hydraulic modeling data and reports, and any other pertinent data available from the City.
Task 3: Site Visits
Schaaf & Wheeler will perform site visits throughout the project limits to verify existing conditions, inspect manholes, identify visible utilities, identify construction impacts, and take field measurements.
Task 4: Utility Coordination
Schaaf & Wheeler will coordinate with the utility companies to obtain their service maps and to coordinate the project. Utility maps will be used to develop the project basemap, this scope does not include any additional detailed utility investigations. The City’s desired project schedule does not allow for detailed utility investigation such as utility location and/or potholing. Utility investigations will be required by the Contractor prior to construction. Adjustments to the plans may be necessary during construction to avoid utility conflicts, which may result in construction contract change orders.
38 Scope of Services
Schaaf & Wheeler 8
Task 5: 65% Design
Schaaf & Wheeler will initiate the detailed design effort which will include project basemapping, layouts of sewer lines, lateral locations based on CCTV data, utility locations based on utility basemaps and site visits, construction details, construction cost estimate, and a construction schedule. This scope assumes the following:
▪ All improvements will be prepared under one set of construction documents. ▪ The detail and accuracy of the existing City’s sewer basemaps will be sufficient to develop construction documents for the project. Sewer re-alignment, easement research, and easement acquisition are not included within this scope of services.
Topographic surveying is not included within this scope of services.
Task 6: 95% Design
After receiving and reviewing comments from the City, Schaaf & Wheeler will prepare the 95% construction documents. Construction documents will include detailed plans, technical specifications, and engineer’s estimates.
The 95% plans will include detailed plan and profiles for all pipe segments. The location of all laterals will be identified based on CCTV data and will be shown on the plans.
Task 7: Final Design
After receiving and reviewing comments from the City Schaaf & Wheeler will prepare the final construction documents. Construction documents will include bid-ready plans, technical specifications, City front-end specifications, and engineer’s estimates.
Task 8: Bid Support Services
Schaaf & Wheeler will provide bid support services which may include attendance at the pre-bid meeting, responding to questions from bidders, prepare addenda, and evaluation of bids.
Task 9: Construction Support
Schaaf & Wheeler will be available to assist the City as desired throughout the construction process. Construction support assistance may include:
▪ Pre-construction meeting attendance;
▪ Review and approve shop drawings and submittals;
▪ Review contractor’s request for information (RFIs) and furnish additional drawings and/or specifications for supplementing, clarifying, and/or correcting purposes; ▪ Attend meetings and site visits when necessary (up six online or telephone meetings and two on site meetings/visits are included);
▪ Assist with the review of construction, and other activities, as required; ▪ Prepare, review, and recommend approval of change orders as required; ▪ Provide one set of reproducible record drawings that reflect the changes to the work during construction based upon Contractor markups, drawings and other data furnished by the Contractor, City, and Consultants. The record drawings will also be provided in AutoCAD format.
39 Scope of Services
Schaaf & Wheeler 9
Assumptions
The tasks, approach, schedule, and proposed fees included within this proposal assumes the following:
▪ Topographic surveying is not included within this scope of services due to project time constraints. Project plans will be developed based on existing available data provided by the City and field measurements.
▪ This scope does not include detailed utility investigations and potholing. ▪ This scope excludes geotechnical investigations and assistance. ▪ This scope excludes easement research and obtaining title reports. ▪ This scope excludes hydraulic modeling to confirm required pipe sizes and potential impacts to the downstream sewer system and pump station. Pipe sizes and locations identified in the Sanitary Sewer Master Plan Update, January 2024 will be used. 40 Cost Proposal
Schaaf & Wheeler 10
Cost Proposal
41 Proposed Schedule
Schaaf & Wheeler 11
Proposed Schedule
42 Appendix: Resumes
Schaaf & Wheeler
Appendix: Resumes
43 Resumes
Schaaf & Wheeler
Benjamin L. Shick, PE has more than 20 years of experience in water resources infrastructure planning and design of wastewater conveyance systems, water supply and distribution systems, stormwater systems, and pump stations.
Ben has conducted floodplain investigation, shoreline protection studies, drainage studies, channel design and modeling, water rights permitting, wetland analysis and design, small bridge design, infrastructure design, surveying, construction management, and construction quality control testing. He has been involved with all project phases, from initiation to construction document preparation and construction support.
Selected Project Experience
Wastewater Systems
2023 Sanitary Sewer
Rehabilitation Project
City of Belmont
Frontage Road Force Main
Replacement
City of Mill Valley
Basin C Sewer Rehabilitation
City of San Mateo
Basin E Sewer Rehabilitation
City of San Mateo
West Valley Logistics
Sanitary Sewer Pump Station
City of Fontana
El Camino Drive Sewer
Rehabilitation
Town of Corte Madera
FY 2020/21 Sewer
Assessment and Design
City of Mill Valley
2020 Sewer Repair and
Replacement Project
San Rafael Sanitary District
Sanitary Sewer Improvement
Project
City of Morgan Hill
Old County Road and El
Camino Sewer and Storm
Drain Improvements
City of Belmont
2020 Sewer Rehabilitation
Project
Town of Corte Madera
Woodland Avenue Sewer
Improvements
San Rafael Sanitary District
2019 Sewer Repair Project
City of Mill Valley
El Camino Sewer
Rehabilitation
City of San Mateo
FY 2019/20 Force Main
Appurtenance Project
Ross Valley Sanitary District
North Road Sanitary Sewer
Pump Station and Force
Main
City of Belmont
East San Mateo Sanitary
Sewer Pump Station
City of San Mateo
Ocean Colony Pump Station
and Force Main Design
City of Half Moon Bay
Sewer Main and Water Main
Replacement
Mid-Peninsula Water District
& City of Belmont
Sanitary Sewer Lift Station
Rehabilitation Design
City of San Mateo
Wastewater Pump Stations
Assessment
Delta Diablo
Sanitary Sewer Rehabilitation
and Replacement
Rehabilitation Projects
City of Belmont
Sanitary Sewer Rehabilitation
Project
City of San Mateo
Benjamin L. Shick, PE
Vice President
Education
BSCE, Montana State
University-Bozeman
MSCE, Montana State
University-Bozeman
Licenses
Registered Civil Engineer
California C68813
Affiliations
American Society of Civil
Engineers
Floodplain Management
Association
Software
AutoCAD, WaterCAD, HECRAS, HEC-HMS, GeoRAS,
MOUSE, ArcGIS 9.0
44 Resume
s
Schaaf & Wheeler
Force Main Appurtenance
Projects
Ross Valley Sanitary District
On-Call Mechanical
Engineering Services for
Stormwater Pump Stations
City of Alameda
Sewer and Pump Station
Maintenance Services
City of Half Moon Bay
Pump Station Improvements
Project
City of Oakland
Northside & Rabello Sanitary
Sewer Pump Station Bypass
& Meter Relocation
City of Santa Clara
Sanitary Sewer Pump Station
Evaluation and Design
Town of Hillsborough
Sanitary Sewer Pump Station
Evaluation
Ross Valley Sanitary District
Pump Station Review and
Recommendations
Sewer Authority Mid-
Coastside
Cabrillo Avenue Sewer Main
Abandonment and
Replacement
City of Santa Clara
Citywide Sanitary Sewer
Pump Station Rehabilitation
City of Fontana
Rehabilitation Design of 32
Sanitary Sewer Pump Station
City of Alameda
Mariner’s Island #5 and #6
Pump Station Replacement
City of San Mateo
Sanitary Sewer Pump Station
Evaluation
City of Santa Clara
Citywide Sanitary Sewer
Pump Station Study
City of San Mateo
El Camino Real Sanitary
Sewer Improvement Project
BRE Properties, Inc./City of
Santa Clara
Kingridge Sanitary Sewer
Improvement Project
City of San Mateo
Alameda Sanitary Sewer
Pump Station Assessment
City of Alameda
E. Garrison Sanitary Sewer
Pump Station and Sewer
Main Replacement
Marina Coast Water District
Calabazas Creek Sewer
Siphon Design
City of Santa Clara (2009)
Stormwater Planning and
Design
Laurel Ave Storm Drain
Improvement Project
City of Larkspur
2022 Storm Drain
Improvements
Town of Corte Madera
Large Full Trash Capture
Device Project
City of Hayward
Storm Drain Pump Station
Assessment
City of Larkspur
MCSTOPP Full Trash
Capture Device Project
City of San Rafael
Old County Road Storm
Drain Improvements
City of Belmont
NEI Stormwater Pump
Station Design
City of Tracy
Storm Drain Pump Station
Improvements
City of Alameda
Los Gamos Storm Drain
Alternatives
City of San Rafael
Storm Drain Rehabilitation
Design
City of Belmont
Livermore Flood Damage
Assistance
City of Livermore
Grass Valley Culvert
Rehabilitation and
Replacement
Colantuono, Highsmith &
Whatley, PC
Mechanical Engineering
Services
City of Alameda
Cove Stormwater Pump
Station and Collection
System Evaluation
Marin County
Woodside Storm Drain
Rehabilitation, Phase I and II
Town of Woodside
16th Avneue Storm Drain
Study
City of San Mateo
Sears Point Stormwater
Pump Station Design
Ducks Unlimited
Ageno-Brisa Storm Drain
Design
City of Livermore
Design for Replacement of
Pump Station Hatches
City of Belmont
Ukiah Storm Drain
Maintenance and
Rehabilitation Study
City of Ukiah
Kingridge Storm Drain
Rehabilitation
City of San Mateo
Storm Drain Rehabilitation
Design
City of Belmont
Stormwater Master Plan
City of Los Altos
Storm Drain Improvement
Design
City of Belmont
Storm Drain Capital
Improvement Program
City of Belmont
45 Resumes
Schaaf & Wheeler
Charles D. Anderson, PE has more than 30 years of experience in the areas of flood control and drainage, water supply and distribution, wastewater collection and pumping, surface water hydrology, and groundwater. As a project manager, he is involved in all phases of project management and implementation, from project feasibility to construction document preparation and construction support for a wide range of public and private clients.
He has completed numerous flood insurance studies (FIS) and letters of map revision (LOMRs) for FEMA. Chuck’s projects generally have multidisciplinary teams that help policy makers arrive at reliable decisions for protecting communities from flood risk and the threat of climate change, most particularly sea level rise.
Chuck demonstrates expertise in watershed and stochastic hydrology, open channel hydraulics, closed conduit hydraulics, pump station design, and storm drainage as well. His background also includes pipeline design, storage tank design, pump station design, hydraulic network modeling, wastewater collection includes septic systems, sanitary sewer design, pump station design, sanitary sewer modeling, and master planning.
Selected Project Experience
Wastewater System Planning
and Design
Sierra Point Sewage Pump
Station
City of Brisbane/Wilsey Ham
Sanitary Sewer Pump Station
Assessements
City of Alameda
Rehabilitation of So. San
Francisco Sewage Pump
Stations 1, 2, 3, 4, 6, 7 and 8
City of South San Francisco
South Trunk Relief Line
City of San Mateo
Sanitary Sewer Disposal
System and Leachfields for
Coyote Creek Golf Club
Castle & Cooke
Purissima Sanitary Pumping
Station
Los Altos Hills
O’Keefe Road Sanitary Pump
Station Relocation
Biggs Cardosa Inc.
Mariner’s Island No. 2
Sanitary Sewer Pump Station
City of San Mateo
Stormwater System Planning
and Design
Diridon Station Area
Infrastructure Analysis
HMH Engineers
Warren Avenue Storm Drain
Assessment
City of San Mateo
Storm Drain Master Plans
Half Moon Bay, Santa Clara,
Milpitas, Alameda, Livermore,
and San Mateo
Laguna Area Storm Drain
Analysis
City of Burlingame
Esplanade Storm Drain
Outfall Replacement
Cotton Shires/City of Pacifica
Storm Drain Infrastructure
Program Management
City of Belmont
East Laurel Creek Culvert
Repair and Erosion Control
City of Belmont
Education
BCE, Georgia Institute of
Technology
MSCE (Water Resource
Engineering), Stanford
University
Licenses
Registered Civil Engineer,
California C43776
Hawaii 15647
Nevada 11518
Washington 39715
Affiliations
American Council of
Engineering Consultants
American Society of Civil
Engineers
Floodplain Management
Association
Charles D. Anderson,
PE President
46 Resume
s
Schaaf & Wheeler
Floodplain Management and
Infrastructure
West Channel Enhancement
Google, Inc.
San Francisquito-Adobe
Creek Flood Study
Wood Rogers/Valley Water
Miller Creek Floodplain
Forensics and Testimony
Marin County/SMART
San Felipe Road Floodplain
Giacalone Management, Inc.
Foster City Levee
Improvments
City of Foster City
Annual Levee Inspection
City of San Mateo
Millbrae and Burlingame
Shoreline Area Protection
and Enhancement Project
San Mateo County Flood and
Sea Level Rise Resiliency
District (OneShoreline) Downtown West Los Gatos
Creek Restoration
Google, Inc.
Berryessa/Penitencia
Watershed Flood Study
Wood Rogers/Valley Water
Palo Alto Flood Basin Sea
Level Rise Impact Study
Valley Water
Lower Penitencia Creek
Improvements
Wood Rogers/Valley Water
Colma Creek Floodplain
Analaysis
City of South San Francisco
Guadalupe River Bridge
Hydraulics at Railyard Place
Biggs Cardosa Associates
Upper Llagas Creek Flood
Protection Project
Woodard & Curran/Valley
Water
Permanente Creek Flood
Protection Project
Mott MacDonald/Valley
Water
Storm Water Detention
Basins at Truckee River
Reno-Sparks Indian Colony
San Francisquito Creek
Hydrology Study Peer
Review
Valley Water
Christopher Ranch Flood
Study (Uvas Creek)
Christopher Ranch
Bayfront Canal Redwood City
Flooding Issues
Stanford Real Estate
Old Mountain View Alviso
Road Bridge Replacment
Hydraulic Study
Biggs Cardosa Associates
Highway 101
Pedestrian/Bicycle
Overcrossing at Adobe Creek
Biggs Cardosa Associates
Wrigley-Ford Creek Long
Term Monitoring
HT Harvey & Associates
North Gilroy Neighborhood
District Urban Services Area
Amendment
EMC Planning Group
Silicon Valley BART
Extension Floodplain
Analysis
Santa Clara Valley
Transportation Authority
Bayfront Levee Improvement
Project
City of San Mateo
San Tomas Aquino Creek
Flood Study
Valley Water
Recertification of Uvas,
Stevens and Lower
Penitencia Creek Levees
Valley Water
Stormwater Pump Stations
Chrysler Pump Station
Rehabilitation (230 cfs)
City of Menlo Park
Coyote Point and Poplar
Avenue Pump Station
Rehabilitation (350 cfs each)
City of San Mateo
Matadero Creek Storm Water
Pump Station (390 cfs)
City of Palo Alto
Design of Gippetti Pump
Stations, Stormwater and
Sewer Pump Stations
RJA & Assoc.
City of Sunnyvale WPCP
Master Plan and Primary
Treatment Design
HDR, Inc.
Northside Pump Station
Upgrades (180 cfs)
City of Alameda
San Francisquito Creek
Storm Water Pump Station
(300 cfs)
City of Palo Alto
Baylands Storm Water Pump
Station No. 1
City of Sunnyvale
Railroad Avenue OC
Pumping Plant for Route 4 in
Pittsburg
Mark Thomas &
Company/Caltrans
Freedom Circle Stormwater
Pump Station (70 cfs)
City of Santa Clara
Nelo-Victor Stormwater
Pump Station Rehabilitation
(200 cfs)
City of Santa Clara
Rambo Pump Station
(150 cfs)
City of Santa Clara
North First Street Pump
Station for Highway 237 in
San Jose
Mark Thomas &
Company/Caltrans
Gianera Pump Station
City of Santa Clara
47 Resumes
Schaaf & Wheeler
Curran L. Price, PE has over 15 years of experience in infrastructure and capital improvement design including wastewater facilities, water pipelines, flood control, and slope stabilization projects.
Curran has been involved with all phases from project conception to document preparation and construction support. Curran is adept at preparing plans and specifications, performing calculations, cost estimates, and site inspections.
Curran has provided engineering services for sewer mains and water pipelines in Caltrans and railroad right of ways. Curran has completed the design of over 100 constructed projects.
Selected Project Experience
Wastewater Systems
Shalako Pump Station
Rancho Cordova
Prologis Sanitary Sewer
Pump Station
Brisbane
Sewer Siphon Cleaning and
Inspection, Phase 2
City of Sunnyvale
Lower Linda Mar
Rehabilitation and Repair
Project
City of Pacifica
East Blithedale Rehabilitation
Project
City of Mill Valley
Frontage Road Force Main
Replacement
City of Mill Valley
Redwood Highway Sewer
Rehabilitation Project
Town of Corte Madera
2020 Sewer Rehabilitation
Project
Town of Corte Madera
Woodland Avenue Sewer
Improvement Project
San Rafael Sanitation District
Pump Station Rehabilitation
City of Alameda
Sanitary Sewer Rehabilitation
Projects
City of Belmont
North Road Pump Station
Rehabilitation
City of Belmont
Ocean Colony Sanitary
Sewer and Force Main
Rehabilitation Project
City of Half Moon Bay
Force Main Appurtenance
Project
Ross Valley Sanitary District
Shoreway Road Sanitary
Sewer Replacement
City of Belmont
Sanitary Sewer and Manhole
Rehabilitation Project
City of San Mateo
Basin E Sanitary Sewer
Rehabilitation
City of San Mateo
Sewer Pump Station
Improvements Project
Town of Hillsborough
Sanitary Sewer Pump Station
Rehabilitation Project
City of Oakland
Sanitary Sewer Main
Emergency Repair
City of Half Moon Bay
Sanitary Sewer Pump Station
Evaluation
City of Half Moon Bay
Trunk Main Replacement
Phase 4
Sonoma
Agua Caliente Creek
Replacement of Sewer Trunk
Main with Double Barrel
Siphon
Sonoma
Sanitation Local Hazard
Mitigation Plan
Sonoma & Guerneville
Education
BSCE, California State
Polytechnic University,
Pomona
Licenses
Registered Professional
Engineer, California
C74913
Certificates
NAASCO PACP, LACP,
MACP #U-815-07000537
Affiliations
Redwood Empire ASCE
Curran L. Price, PE
Associate Engineer
48 Resume
s
Schaaf & Wheeler
Lateral Sewer Replacement
Program
Occidental
Gloria Meekland Sewer and
Water Replacement
Santa Rosa
Water Delivery Systems
Sanitary Sewer and Water
Rehabilitation Project
City of Belmont & Mid-
Peninsula Water District
McGill Road Recycled Water
Pipeline
Sonoma
Fifth Street East Recycled
Water Pipeline
Sonoma Sesimic
Hazards Mitigation
for 48-inch Pipeline at
Russian River Crossing
Forestville Alternative
Pipe Material for
Corrosion Resistance,
Collector 6 Chlorine Lines
Forestville
Storm Water, Hydrology and
Hydraulics, and Floodplain
Management
San Pablo Creek Culvert
Repair Project
City of Orinda
2023 Storm Drain
Rehabilitation Project
City of Larkspur
Stormwater Drainage
Improvement, Stone Valley
Middle School
Alamo
Floodplain Storage Analysis
for Z-Best Compost Facility
Santa Clara County
El Camino Real and Old
County Road Rehabilitation
Project
City of Belmont
Storm Drain Improvement
Project
City of Belmont
Storm Drain Master Plan
City of Alameda
Storm Drain Master Plan
City of Carmel
Storm Drain Rehabilitations
for Detriorated Culverts
Town of Woodside
Cove Stormwater Pump
Station Evaluation
Marin County Crest Stormwater Pump
Station Evaluation
Marin County
Flood Study Green Valley
Creek Crossing
Graton
Other Projects Shoring Systems Design for Water Pipelines at 405 Freeway
Los Angeles Soil Nail Wall Design for
Hyrum Water Tanks
Provo, Utah
Excavation Design for
Transbay Transit Center
San Francisco Project Management of
Soil
Nail, MSE, and Soldier Pile
Walls Rambla Vista Dr.
Malibu Perimeter
Wall Design for
Protection from Liquifiable
Soils
Kaiser Hospital, Redwood
City
49 Resumes
Schaaf & Wheeler
Jonathan F. Ondracek, EIT has experience in modeling and design for stormwater and wastewater infrastructure projects. He is proficient in running hydraulic models to solve drainage issues and conduct level surveys for small design projects. Jonathan has 7 years of experience working on drainage issues, and sanitary sewer projects with the City of Fort Wayne, Indiana. He also has 7 years of experience working throughout the Bay area on a variety of projects such as: sanitary sewer pump station rehabilitation projects, storm drain improvements, roadway improvements, and sanitary sewer rehabilitation projects.
Selected Project Experience
Wastewater System Planning
and Design
On-Call Sanitary Sewer
Design
City of San Mateo
Mill Valley Citywide Sanitary
Sewer Assessment and CIP
City of Mill Valley
2019 Sewer Repair Project
City of Mill Valley
2021 Sewer Repair and
Replacement Project
City of Mill Valley
2024 Sanitary Sewer System
Improvements Project
City of Mill Valley
2020 Sewer Pipe Repair and
Replacement
City of San Rafael
2023 Sewer Pipe Repair and
Replacement
City of San Rafael
Rich & Industrial Sewer
Improvement Project
Town of Corte Madera
2021 Sewer Rehabilitation
Project
Town of Corte Madera
2020 Sewer Rehabilitation
Project
Town of Corte Madera
Citywide Sanitary Sewer
Assessment and Capital
Improvement Plan
City of Mill Valley
Port of Oakland Seaport
CCTV Inspection
Port of Oakland
Tamarind Pump Station
Improvement
City of Fontana
2020 Inflow and Infiltration
Sewer Repair Project
City of Morgan Hill
FY 2019/20 Force Main
Appurtenance Project
Ross Valley Sanitation
District
Sewer Pump Station
Improvements – Phase 2
Town of Hillsborough
North Road Pump Station
and Force Main
Rehabilitation Project
City of Belmont
Building M101 Sanitary
Sewer Lateral Repair
Port of Oakland
Industry Pump Station
Improvement
City of Fontana
Shoreway Sewer
Replacement Project
City of Belmont
Sanitary Sewer Easement
Rehabilitation Project
City of Belmont
El Camino Real Sanitary
Sewer Rehabilitation Project
City of San Mateo
East San Mateo Sanitary
Sewer Lift Station
Rehabilitation Project
City of San Mateo
Laurie Meadows and
Woodbridge Lift Station
Project
City of San Mateo
Education
BSCE, Purdue University,
Indiana
Licenses
Registered EIT Indiana
Affiliations
Dale Carnegie Management
Training
Software
AutoCAD Civil3d, AutoCAD
LT, EPASWMM 5, Mike
Urban, ArcGIS
Jonathan F.
Ondracek, EIT
Assistant Engineer
50 Resume
s
Schaaf & Wheeler
Northside and Rabello Flow
Meter and Force Main
Appurtenance Project
City of Santa Clara
Pump Station Facilities
Repair Project Antioch Pump
Station Project
County of Contra Costa
West Valley Logistics Center
Sanitary Sewer Pump Station
Project
City of Fontana
Basin E Sanitary Sewer
Rehabilitation Project
City of San Mateo
Heatherwood Storm Water
Pump Station Rehabilitation
Project
City of Larkspur
2023 Storm Damage Repair
Project
City of Livermore
2023 Storm Damage Repairs
Project Arroyo Mocho
City of Livermore
Stormwater Systems
Planning and Design
Storm Drain Pump Station
Electrical Upgrades
City of Alameda
Athlone Pump Station
Investigation
City of Atherton
Belmont Storm Drain
Improvement Project
City of Belmont
Little Wolf Creek Culvert
Rehabilitation Pipe
Replacement Project
City of Grass Valley
MCSTOPPP/ San Rafael
Trash Capture Project
City of San Rafael
Laurel Avenue Storm Drain
Improvements Project
City of Larkspur
Sandy Tatum Learning
Center First Tee Harding
Park Project
City of San Francisco
Pilarcitos Avenue/Kehoe
Watercourse Outfall Repair
Project
City of Half Moon Bay
Hydrology & Hydraulics
Los Gamos and Oleander
Drainage Study
City of San Rafael
51 Resumes
Schaaf & Wheeler
Christian Encarnacion has four years of experience providing engineering services. Recently, Christian has worked in wastewater systems rehabilitations and stormwater system rehabilitation projects.
Christian has reviewed CCTV for wastewater and stormwater systems for different projects and have proposed recommended repairs.
Christian has also been involved with all related project phases from project initiation to construction document preparation and construction support.
In the past, he worked as a project engineer for Technology, Engineering & Construction Inc, where he performed site inspections and designed plans for submission to public agencies and clients.
Christian has helped clients resolve violations and permitting concerns.
He also worked as an intern for the City of Milpitas Public Works Department, Christian developed asset inventory for the water, sewer, and storm systems for the City’s Emergency Master Plan. He managed the City’s water service lines by inspecting city as-builts, details, and standards and analyzed pipeline failures. He also drafted a design for backbone pipelines to assist with the installation of about 4,000 ft of water pipes.
Selected Project Experience
Wastewater Systems
Basin E Sewer Rehabilitation
City of San Mateo
Basin C Sewer Rehabilitation
City of San Mateo
Madera Gardens Storm and
Sewer Rehabilitation Project
Town of Corte Madera
West Valley Logistics Center
Sanitary Sewer Pump Station
City of Fontana
Lower Linda Mar
Rehabilitation and Repair
Project
City of Pacifica
Crystal Springs County
Sanitation District CCTV and
Assessment
County of San Mateo
Tidewater Hatch
Replacement
City of Oakland
Stormwater Planning and
Design
San Clemente Creek Pump
Station Outfall Pipe Repair
and Rehabilitation
Town of Corte Madera
Storm Drain Pump Station
Assessment
Town of Corte Madera
Azalea and Vasco Storm
Drain Disconnect
City of Mill Valley
Kingridge Storm Drain
Improvements
City of San Mateo
Christian Encarnacion,
Assistant Engineer
Education
BS, Civil and Environmental
Engineering
San Jose State University
Certifications
EIT 171857
Cal/OSHA 10-Hour
Construction
Software
AutoCAD
52
Legislative Advocacy Jan 2023 Update 2024 State Legislative Platform Update - Staff Report 2.13.24
STAFF REPORT
Meeting Date: February 13, 2024
Agency: City of Belmont
Staff Contact: Afshin Oskoui, City Manager, (650) 595-7410, [email protected] Agenda Title: State Legislative Platform and Advocacy for the City Agenda Action: Motion
Recommendation
Motion to adopt the updated City’s Legislative Platform for 2024.
Strategic Focus Area
Fiscal and Organizational Sustainability
Background
Review of Current Legislative Platform
The City has retained the Renne Public Policy Group (RPPG) for the last four years to provide guidance and advocacy services when appropriate on state legislation that may affect the City’s operations or finances, as directed. The City established a Legislative Platform as part of this partnership and annually reviews and provides suggested updates, as appropriate, to Belmont City Council.
The objective in pursuing a legislative program for the City is to keep the City Council, staff and residents abreast of proposed legislation that may have the potential to impact the City. The City’s Legislative Platform contains broad policy statements pertaining to a variety of issues important to us. Additionally, it provides a policy framework for the City to respond to issues in a timely manner, including correspondence from the Mayor or City Manager to the Legislature and/or Congress.
By implementing and maintaining an active legislative advocacy program/platform, the City can ensure the City Council and staff continue to be fully apprised of evolving state initiatives that may affect the City’s key priorities, programs, or operation. As part of a multi-layered approach, it is intended that the Legislative Platform document be updated at least once prior to the start of every two-year legislative session, with annual review and update as needed to ensure that RPPG and city staff continue to engage on polices that matter most to Belmont.
Analysis
2024 Legislative Platform
In accordance with the adopted Council strategic priorities and in advance of the 2024 Legislative session RPPG worked with City staff to conduct a review of the 2023 Belmont Legislative Platform. This resulted in minor suggested amendments in the area of Governmental Transparency and Public Access. These suggested changes were presented to the Council for review and discussion on January 23, 2024. 53
State Legislative Advocacy 2024 State Legislative Platform Update - Staff Report 2.13.24 At that meeting, among other revisions the Council discussed the suggested modification to include a monitor and evaluate statement pertaining to the use and regulation of Artificial Intelligence (AI). After Council discussion, RPPG and staff have expanded the statement with additional language to include workforce training. The Council directed the addition rooted in the desire to ensure that residents in Belmont continue to be able to live and work in the City as technology evolves toward a fully integrated AI future that will change the ebb and flow of the workforce. The draft legislative platform is provided herewith for further review, discussion, and consideration for adoption.
Alternatives
1. Provide direction and postpone for future discussion.
Attachments
A. Redlined Draft revisions and comments to 2023 Legislative Platform Fiscal Impact
☒ No Fiscal Impact
☐ Funding Source Confirmed:
Source: Purpose: Public Outreach:
Staff Council Vision/Priority Posting of Agenda
54 Belmont Legislative Platform 2024
City of Belmont
STATE AND FEDERAL LEGISLATIVE PLATFORM
2023 LEGISLATIVE PLATFORM UPDATE
Platform Overview
The Legislative Platform contains broad policy statements pertaining to a variety of issues that impact the City of Belmont—reflecting the mission, vision and values of the City to enrich the quality of life for our community with services that provide for a safe, fulfilling and vibrant life.
The Legislative Platform provides a policy framework for the City to respond to state and federal legislative issues important to the City in a timely manner. Outlining policy guidelines will also serve to provide direction to City staff and legislative consultants to engage on state legislation on behalf of the City in real time—including correspondence from the Mayor or City Manager to the Legislature and/or Congress.
The City’s primary legislative focus include: protecting local government control, improving public safety, maintaining local government revenue, obtaining funding for environmental sustainability, transportation, recreational, technology and infrastructure improvements.
Furthermore, our focus remains committed to finding ways to work collaboratively with federal, state and local partners to further our City’s ability to achieve its strategic goals.
Legislative Issues
Local Control
The City values its ability and authority to exercise local control and to protect and enhance the quality of life for Belmont’s residents. Support Legislation that enhances local control of resources and that allows cities to address the needs of local constituents within a framework of regional cooperation. Encourage the use of federal and state incentives for local government action rather than mandates (funded or unfunded).
Oppose preemption of local authority whether by state or federal legislation or ballot propositions. Support efforts to streamline regulations that simplify the job of running a city and oppose efforts that erode the city’s authority to control its own affairs.
Governmental Transparency and Public Access
Support legislation that balances increased public trust, confidence, and access to public meetings while realizing the fiscal and operational constraints of local government.
Support legislation that would increase civic participation and engagement, including the continued allowance of legislative subcommittees, advisory committees, and commissions to 55 Belmont Legislative Platform 2024
participate virtually (post-COVID-19 state of emergency) without physical location posting requirements under the Ralph M. Brown Act.
Monitor and Evaluate proposed policies related to the use of technology in government operations including the use of artificial intelligence pertaining to ethical considerations, privacy, and emerging technologies, and cybersecurity measures. Monitor and Evaluate funding opportunities for local governments to bolster economic development with workforce training to evolve with emergent technologies, as well as protect local communications infrastructure and capabilities.
Fiscal and Administrative Initiatives
Support fiscal sustainability and ‘best in class’ administrative initiatives to ensure the delivery of superlative city services. Monitor initiatives which seek changes in fiscal relationships at the local, state and federal level, and support legislation that guarantees ongoing revenue sources for local government.
Support opportunities that allow the City to compete for its fair share of regional, state and federal funding, and that maintain funding streams. Opportunities may include competitive grant and funding programs. Pursue funding opportunities for public facilities and services including capital improvement projects, public works projects, homeland security, library, parks and social service facilities.
Support legislative, administrative and/ or funding mechanisms that enable the City to better provide core services and respond to the needs of its residents. Options may include regional service delivery, flexibility around seasonal workforce, project specific workforce or other innovate tools to adapt to changing fiscal conditions and resident’s needs.
Support long term statutory solutions to adequately reimburse cities from the Vehicle License Fee (VLF) Swap of 2004 as well as short term, temporary adjustments.
Oppose efforts to decrease, restrict, eliminate, seize, divert, supplant, or otherwise restrict local revenues. Oppose any efforts at the state level to eliminate, restrict, or redirect revenues currently dedicated to local government for state purposes.
Housing and Land Use
Support incentive-based housing legislation to encourage expanding affordable housing supply including development of fiscal tools and incentives to assist local governments in their efforts to encourage housing, finance the infrastructure to support housing, establish an ongoing state commitment to funding affordable housing, and fund and support affordable housing programs, including supportive housing programs and necessary infrastructure.
56 Belmont Legislative Platform 2024
Support funding programs that promote the development and enhancement of safe, affordable, and accessible housing within the City for all economic segments of the population, including workforce housing.
Support reforms and improvements to housing element law to provide clear processes and flexibility to allow regional cooperation and establish realistic housing goals and performance standards—including modifications in criteria to meet the State’s Regional Housing Needs Assessment (RHNA) goals.
Support legislation that provides incentives (tax benefits, grants, loans, credits for affordable units) to local agencies, private developers and non-profit groups in order to rehabilitate residential units and commercial properties.
Monitor and evaluate housing proposals that take a “one-size-fits-all” approach. Specifically, advocate for modifications in proposals to recognize and incentivize communities like Belmont that are good actors in addressing community-housing needs.
Oppose state mandated attempts to usurp local discretion over matters relating to local housing and land use policies.
Advocate for recognition and use of inclusionary housing requirements as a condition of development and other tools in an effort to incorporate affordable housing into market rate development.
Support funding opportunities provided to local jurisdictions through statewide bond efforts.
Support efforts to provide dedicated funding and technical assistance to local governments to adopt and implement plans and process improvements and for the administration and ongoing compliance of state housing programs.
Review and evaluate legislation that would directly tie production mandates to the regional housing needs assessment process.
Transportation
Support state and federal legislation that enhances the safety of the City’s streets for automobile, bicycle and pedestrian traffic, including issues related to speed enforcement, traffic congestion reduction programs and regional transportation improvements.
Support protection of dedicated transportation-related tax revenues and enhance the ability of local agencies to finance local transportation programs and facilities (e.g. Gas Tax, State bond funds).
57 Belmont Legislative Platform 2024
Support efforts to maximize the State’s purchasing power to lower materials costs for local streets and road repair.
Support federal and state funding and policy goals to enhance multi-modal transportation efforts.
Support and advocate for clear investments to make public transportation an accessible, affordable, and sustainable alternative to driving, especially efforts to enhance local multi modal transportation options.
Environmental Sustainability
Support cost-effective, sustainable and responsible environmental policy programs in the areas of energy efficiency, greenhouse gases, climate change, wastewater, solid waste removal and stormwater, among others. Support measures that expand markets for recyclable materials and maintain local authority and flexibility to regulate solid waste and recyclables.
Oppose waste and resource recovery measures imposing state-mandated costs when there is no guarantee of local cost recovery or offsetting benefit.
Community Services
Support funding for ADA facility and park upgrades. Promote legislation that provides for increased services to or funding for youth and at-risk populations such as the frail elderly, homeless, disabled and other challenged populations.
Support funding for vital regional and community services including access to parks, open space, bike lanes, after school programming, youth services, senior services, food programs, facilities that provide critical community services, protect natural resources, promote resource management, and strengthen safety and security. Oppose efforts that erode funding for these vital regional and community services.
Infrastructure Maintenance and Rehabilitation
Support legislation and policies that promote investing in the maintenance and rehabilitation of aging infrastructure (streets, stormwater, wastewater, parks and facilities). Support the lowering of the threshold for voter-approved capital financing and opportunities for innovative public financing.
Support legislation and funding opportunities that would help the City fund improvements for parks, open space, green infrastructure, and fuel mitigation and reduction.
Support legislation and funding opportunities that enhance the capacity of local government to enact climate change adaptation and mitigation, promote disaster risk reduction and community resilience, and/or advance sustainability through capital improvement to City facilities.
Utilities
58 Belmont Legislative Platform 2024
Support efforts that maintain the ability to retain existing fees on telecommunications services and for public, educational and governmental channels. Oppose efforts to restrict the authority of cities to zone and plan for the deployment of telecommunications infrastructure. Support the ability of cities to maintain and manage the public right-of-way and receive compensation for its use.
Support California PUC efforts to require enhanced, more effective and timely notification for planned and unplanned repairs resulting in power outages to customers. Monitor California PUC regulatory system for impacts to overall safety, health, and quality of life of the residents of Belmont.
Public Safety
Support legislative efforts to improve local law enforcement, fire suppression and prevention, hazardous materials mitigation, rescue, emergency medical services, and disaster preparedness.
Including legislation and grant funding opportunities for innovate fire suppression technology.
Support legislation that promotes and strengthens law enforcement and first-responder access to mental health services, including peer support, training, family resources, suicide prevention, and other promising practices for wellness programs.
Support forward thinking legislative, administrative and funding polices that promote civic engagement, community partnerships and public education.
Support legislative efforts to grant state and federal funding to supplement local law enforcement to increase staffing, equipment and capital improvements to maintain public safety.
Evaluate legislation on implementation of best practices regarding law enforcement procedures and policies.
59
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY OF BELMONT AMENDING REGULATIONS IN THE
BELMONT CITY CODE TO ALLOW AND REGULATE CERTAIN COMMERCIAL
CANNABIS ACTIVITIES AND REORGANIZE MASSAGE BUSINESS REGULATIONS THE CITY COUNCIL OF THE CITY OF BELMONT DOES ORDAIN AS FOLLOWS:
SECTION 1. CHP 13 RENAMED, REORGANIZED, AND AMENDED
Belmont City Code Chapter 13 is renamed “Regulated Businesses” and reorganized by adding Article I entitled “Business Operation Permits” before Section 13-1 to read:
Chapter 13 – Regulated Businesses
Article I –General Provisions
Sec 13-1 Purpose
This chapter sets minimum qualification and operational performance standards upon regulated business owners and operators to promote legitimate business activities, discourage illegitimate activity, and to mitigate the potential for avoidable negative effects related to the business’s presence and operation. Compliance with this chapter does not relieve or lessen regulated business owners and operators of responsibility for negative health, safety or welfare impacts or nuisances caused by or related to the presence or operation of the business, whether occurring on or off the premises.
Sec. 13-2 Definitions
The definitions in this section apply to the words and phrases use in this chapter unless the context clearly indicates otherwise.
Applicant means all business owners and operators of a regulated business.
Applicant representative means the person designated in an application as the primary operator of the regulated business.
Business entity means any organization or enterprise whether or not operated for profit, including but not limited to a proprietorship, partnership, firm, business trust, joint venture, syndicate, corporation or association.
Business Owner means any of the following persons:
(1) Any person who has a direct or indirect investment in a business entity that owns, manages, or operates a regulated business unless the person demonstrates to the satisfaction of the registration authority that the person who has no control over or right to influence directly or indirectly the management or operation of the business. (2) Any person who is a member of a limited liability company that owns, manages, or operates a regulated business.
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(3) Any person who is a general partner of a general or limited partnership that owns, manages or operates a regulated business.
(4) A sole proprietor of a regulated business.
Convicted and conviction means a plea or finding of guilty or plea of no contest.
Investment means any financial interest in or security issued by a business entity, including, but not limited to, common stock, preferred stock, rights, warrants, options, debt instruments, and any partnership or other ownership interest owned directly, indirectly, or beneficially.
Premises includes any structure or portion of structure or exterior or outdoor area in close proximity to a regulated business which is subject to lawful possession or control by a responsible person.
Operator includes any person who has the right to direct and control some or all business operations, whether independently or in concert with others.
Registration Certificate means a certificate issued by the registration authority to a regulated business upon registration.
Registration Authority means the chief of police, his or her authorized representatives, or the person designated by the city manager.
Regulated business means a business regulated by this chapter.
Responsible person means
(1) a person in possession of real property comprising the premises; (2) a registration certificate holder under this chapter; (3) each person upon whom a duty, requirement or obligation is imposed by this chapter; (4) each person who is otherwise responsible for the operation, management, or policy of a regulated business; and
(5) an employee who is in apparent charge of the premises.
Sec. 13-3 Regulated Businesses
This chapter regulates the following businesses:
(a) Massage businesses as defined in article two.
(b) Cannabis businesses as defined in article three.
Sec. 13-4 Registration Certificate Required
It is unlawful for any person to establish or operate a regulated business within the City unless the business is registered and holds a valid City registration certificate in good standing under this chapter.
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Sec. 13-5 Application for Registration
(a) An application to register a regulated business, together with the required application fee, must be filed with the City Clerk who will forward the application to the registration authority. A new or renewal application may not be processed without the required application fee.
(b) A registration application must be filed:
(1) for new registration at least 45 days before the proposed operation of the regulated business;
(2) for registration renewal at least 45 days before the expiration of the current registration.
(c)(1) If the registration authority determines the application is incomplete or that additional information is necessary to determine whether registration of the business complies with this chapter, the registration authority must promptly inform the applicant in writing to cure the incompleteness or provide additional information required within 30 days or such time as the registration authority determines to be reasonable under the circumstances.
(2) If the applicant does not cure all incompleteness or provide all additional information requested within the time specified by the registration authority, the registration authority may deny the application.
(d) An applicant whose application is denied for incompleteness is not eligible to reapply for 90 days.
Sec. 13-6 Application requirements
(a) Form. An application to register or renew registration must be on a form approved by the registration authority. The registration authority may develop a form for mandatory use.
The application must include the information and documents in subsection (b) and any additional information or documents that the registration authority determines appropriate to carry out the intent and purpose of this chapter.
(b) Applicant contents. A registration application must include the following. (1) Applicant information. The legal name and address of the applicant and the applicant’s representative if applicable.
(2) Business information.
(A) Legal name of the regulated business and if a business entity proof of registration in good standing with the California Secretary of State and Franchise Tax Board; (B) The form of business under which the regulated business will be operating (i.e., corporation, general or limited partnership, limited liability company, or other form) and state of organization;
62
(C) If the regulated business is an entity, corporate formation and organization documentation (i.e., articles of incorporation, management agreement, partnership agreement, etc.)
(D) Address and telephone number of the regulated business; (E) A complete list of all of the regulated business’s current and anticipated employees and any independent contractors anticipated to periodically supply or participate in the operation of the regulated business;
(F) A complete list of all person who currently hold a financial interest or held a financial interest in the regulated business in the previous 24 months; (3) Real Property. For the physical location from which the regulated business will operate in the City, provide the following.
(A) The address of the location and assessor’s parcel number for the unit of real property comprising the location.
(B) Documentary evidence of the applicant’s legal right to occupy and use the location which may include a deed granting a fee simple interest or lease agreement. (C) A current preliminary title report for the unit of real property comprising the location. (D) A chain of title report showing all conveyances for the previous five years and all instruments reflected in the chain of title for the previous five years for the unit of real property comprising the location.
(4) Business Owners.
(A) Legal names, and if a business entity, the principal place of business and state of corporate organization, of all owners of the regulated business; for a general partnership, the names of the individual partners; for a limited partnership, limited liability company, or a corporation, the name of the entity.
(B) Residential address and telephone number of all business owners who are natural persons.
(C) Business address and telephone number of all business owners; (5) Background application. For each owner of a regulated business, a background check application with the following information. The registration authority may accept:
(A) the owner’s business, occupation, and employment history if a natural person for the seven years preceding the date of the application,
(B) the inclusive dates of any employment history,
(C) the name and address of any regulated business or similar business owned or operated by the owner wherever located,
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(D) Applicant must complete a California Department of Justice Live Scan BCIA 8016 form and submit to a live scan fingerprinting process through the Belmont Police Department or an authorized law enforcement agency unless the applicant currently holds a valid CAMTC license and the registration authority in its sole discretion approves processing the application without a separate Live Scan submission; (E) If the business owner is a natural person, a current driver's license or identification issued by a state or federal governmental agency or other authenticable photographic identification bearing a bona fide seal by a foreign government; (F) Any arrest or conviction within the previous seven years for violation of local, state or federal law;
(G) Any administrative or civil proceeding in which a license, permit, or other permission to operate a business was suspended or revoked or in which a civil penalty or fine was imposed or stipulated to in the previous seven years.
(6) Real Property Owners. Provide the following for each real property owner:
(A) If a natural person, their residential address and telephone number. (B) Business address and telephone number.
(C) A statement that the real property owner acknowledges their responsibilities under this chapter and consents to the applicant operating the regulated business on the property. (D) A complete and accurate description of the nature and extent of any financial interest in the regulated business.
(7) Attestations. From each business owner and real property owner, a signed statement:
(A) attesting under penalty of perjury that all of the information contained in the application is complete, true and accurate to the best of their knowledge; (B) acknowledging that all business and property owners are jointly and severally responsible for the lawful operation of the business and conduct of the business's employees, agents, and independent contractors engaged in business activity on the premises; and,
(C) acknowledging that failure to comply with any local, state, or federal law, or the provisions of this chapter may result in revocation of the business's registration certificate. (b) Signature. The application must be signed by all business owners and the signatures notarized. Signatures for business entities must conform to the following requirements unless alternative requirements are approved by the city attorney. (1) For a general partnership, the application must be signed by each of the partners. (2) For a limited partnership, the application for any registration must be signed by each of the general partners.
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(3) For a limited liability company that has elected to be managed by its members, the application must be signed by each member or by an officer authorized by the articles of organization or the operating agreement to bind the company. In the case of a limited liability company that has elected to be managed by a manager or managers, the application must be signed by the manager or managers or by an officer authorized by the articles of organization or the operating agreement to bind the company. (4) For a corporation, the application must be signed by two officers of the corporation, one from each of the following categories.
(A) the chairperson of the board, the president, or a vice president, and (B) the secretary, assistant secretary, chief financial officer, or assistant treasurer. (c) Addresses. Address information required by this section must be a physical address and may not be a USPS Post Office box or private mail box.
Sec. 13-7 Registration
(a) Registration certificate. Registration is specific to the ownership and the location of the business. The registration authority effectuates registration by issuing a registration certificate to the applicant representative.
(b) Term. Registration is valid for a period ending on June 30th that is greater than one year and up to two years from the date the registration authority issues a registration certificate unless revoked, surrendered, or expires by change of ownership or location.
Suspension of a registration certificate does not extend the term of registration. (c) Change of ownership. Registration expires upon the addition of any new owner of the regulated business. The new ownership must apply for registration, pay a new application fee, and secure a new registration certificate from the registration authority. (d) Change of location. Registration expires upon a business changing its location. (e) Not transferable. Registration and a registration certificate are not transferable to another person or location.
(f) Renewal. Registration may be renewed subject to the same requirements as registration, except as expressly otherwise provided in this chapter. A registration holder is solely responsible to timely submit a complete renewal application. Failure to timely submit a renewal application may result in the expiration of the registration before the renewal application is granted or denied.
(g) Other approvals. Registration required by this chapter is in addition to any other license or permit required under any other provisions of the Belmont City Code or Belmont ordinances, including but not limited to a business license, zoning administrator permit, conditional use permit, building permit, occupancy certification or permit, or any other permit or license required by law. The issuance of a registration certificate does not modify the requirements of any other permit or approval and is not a substitute for obtaining any other permit, license or approval otherwise required. The issuance of a registration certificate may not be construed as a factor in favor of the issuance of any other permit, license, or 65
approval necessary under this Code for the operation of a regulated business. (h) A regulated business whose registration has expired under subsections (b), (c) or (d) must immediately cease all business operation.
Sec. 13-8 Registration certificate issuance or denial
(a) Determination. Within 45 days of receiving a complete application, the registration authority must register the regulated business and issue a registration certificate to the owner unless he or she finds one or more grounds for denial under this section. (b) Mandatory grounds for denial. The registration authority may not issue a registration certificate and must deny the application for registration if:
(1) The application fee has not been fully paid;
(2) The application, once complete, does not conform to the requirements of this chapter; (3) The regulated business is disqualified from registration under Section 13-9; (4) Registration or operation of the regulated business at the proposed location, as conditioned, is not consistent with state and local laws, rules, and regulations, or any final administrative decision or court order; or
(5) Another ownership group is or was operating a regulated business at that location and any one of the following conditions exist:
(A) the City has initiated administrative, civil, or criminal proceedings against one or more members of that ownership group for violation of this chapter and the proceedings, including any appeal, are not final;
(B) the regulated business registration is currently suspended; (C) the regulated business registration was revoked within seven years from the date of the pending application, or;
(D) the ownership surrendered its registration certificate or any land use permit or other approval necessary to operate a regulated business on the premises within seven years from the date of the pending application while an enforcement proceeding was pending against one or more owners for conduct arising out of operation of the business. (c) Permissive grounds. The registration authority may deny a registration application if:
(1) There are outstanding health, safety, zoning or nuisance violations associated with a condition or use of the property or the operation of an existing regulated business; (2) An owner held an approval to operate a business located in another jurisdiction that if presently located in the City would be a regulated business and within the last seven years the owner either surrendered the approval while an enforcement proceeding was pending or had the approval revoked;
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(3) An owner holds an approval to operate a business located in another jurisdiction that if presently located in the City would be a regulated business and enforcement proceedings are pending in that jurisdiction based on conduct that if committed in relation to a regulated business located in the City of Belmont would be grounds to deny or revoke registration.
The registration authority must make an independent determination based on substantial evidence as to whether the conduct occurred; or,
(4) Another ownership group is or was operating a regulated business at that location and conduct occurred on the premises that would be grounds to deny or revoke a registration certificate or any land use permit or other approval necessary to operate a regulated business on the premises within seven years from the date of the pending application. The registration authority must make an independent determination based on substantial evidence as to whether the conduct occurred. If the registration authority finds the conduct occurred, the authority may deny the application unless the authority determines that the conduct likely will not reoccur.
(d) Written decision. If the registration authority denies the application, he or she must notify the applicant of the reasons for the denial in writing, the right of appeal under this chapter, and that the failure to request a timely appeal will waive the applicant’s to right to contest the decision.
(e) Location. For purposes of subsection (b), location of a regulated business includes:
(1) the parcel which the business is located, or a contiguous parcel owned in whole or part by an owner of the parcel on which the business is located, and (2) any unit within the same condominium subdivision.
Sec. 13-9 Registration disqualification
(a) A massage business is disqualified from registration as provided in section 13-35. (b) A cannabis business is disqualified from registration as provided in section 13-54.
Sec. 13-10 Registration revocation or suspension
(a) The registration authority must revoke the registration of a Massage Business found to be disqualified under 13-35(a) and a Cannabis Business found to be disqualified under 13- 54(a).
(b) The registration authority must either revoke or suspend the registration for a Massage Business found to be disqualified under 13-35(b) or a Cannabis Business found to be disqualified under 13-54(b).
(c) The registration authority must revoke a registration under subsection (b) unless he or she finds based on substantial evidence that the circumstance or conduct giving rise to the disqualification is not likely to be repeated.
(d) The registration authority may either revoke or suspend the registration for a regulated business determined to have violated the reporting or operating requirements in this chapter for the particular type of regulated business. When imposing a suspension, the registration 67
authority may also impose operating conditions to discourage or prevent similar violations in the future.
(e) The remedies in this section are in addition to and cumulative of other remedies at law. (f) Before suspending or revoking the registration of a regulated business under this section, the registration authority must provide the ownership notice and an opportunity to be heard in accordance with procedures in this chapter.
Sec. 13-11 Notice of proposed registration decision
(a) This section applies to existing registrations only. (b) The registration authority must serve a notice of intent to suspend or revoke a registration or condition or deny a registration renewal at least 14 calendar days before the effective date of the proposed decision. The notice must contain:
(1) A summary of the facts and evidence establishing the grounds for the condition, suspension, or revocation.
(2) A statement that the owner may request a meeting on the proposed registration decision by submitting a request in writing to the registration authority within seven calendar days of the date of service of the notice or appeal the registration decision as provided in Section 13-12 and that the failure to either request a meeting or timely appeal waives the right to contest the decision.
(c) The owner may request a meeting with the registration authority to present information as to why the proposed licensing decision should be modified or set aside by submitting a written request to the registration authority within seven calendar days of the date of service of the notice. The owner may appear at the meeting with or by a representative. (d) Upon receipt of a timely request, the registration authority must schedule a meeting within five calendar days, or as soon as reasonably possible thereafter. (e) The registration authority must render a written decision before the effective date of the proposed registration decision, or as soon as reasonably possible thereafter, confirming, modifying or setting aside the proposed registration decision unless the registration authority and the owner mutually agree in writing to extend the time to render a decision. The final decision must inform the owner of the right to appeal the decision to the city manager.
Sec. 13-12 Appeal to city manager
(a) An owner wishing to contest a registration decision denying a new registration or renewal, imposing modifications or conditions on a registration, or suspending or revoking a registration must timely appeal the matter to the city manager as set forth in this section. An owner who fails to submit a complete and timely notice of appeal waives the right to contest the registration decision.
(b) A written notice of appeal contesting the decision (“notice of appeal”) must be submitted to the city clerk within 14 calendar days after service of the registration authority’s decision. The notice of appeal must specify and contain:
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(1) The name, address, and phone number of the appellant and the principal applicant or owner, and the name and location of the regulated business. (2) A detailed factual basis for the appeal. Grounds for the appeal not reflected in the notice of appeal
(3) A complete copy of the most recent application.
(4) A complete copy of the registration authority’s written decision. (c) Upon receipt of a complete and timely filed notice of appeal, the city manager must:
(1) hire or appoint a hearing officer and schedule a hearing not less than five business days, nor more than 14 calendar days from the date of the filing of the notice of appeal with the city clerk or as soon thereafter as reasonably possible, and (2) serve a notice of the hearing on the principal applicant or owner providing the date, time and place of the hearing.
(d) Notwithstanding subsection (c), appeals of the denial of a new registration may be heard by the city manager and may be decided based on written submissions without a hearing.
(e) A hearing under this section is informal. All relevant evidence may be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs. Relevant admissible evidence includes, but is not limited to, incident reports and witness affidavits. A formal oath is not required for witnesses to provide testimony. (f) The city bears the burden of proof at the hearing to establish facts sufficient to support the findings necessary for the registration decision.
(g) All parties may be represented by counsel, and may present oral and written evidence. (h) Oral hearings are to be open to the public to observe unless the hearing officer determines that closure of the hearing is necessary to protect a witness, receive sensitive or confidential information, or maintain order. The hearing officer may exclude any person who disrupts the hearing.
(i) The hearing officer’s duties include audio recording the proceedings and regulating the course of the proceeding. The hearing officer may limit the use of witnesses, testimony, evidence, rebuttal, and argument. The hearing official may allow the cross-examination of witnesses to the extent necessary to ensure a fair hearing and may limit cross-examination of witnesses as necessary to maintain proper decorum.
(j) In the event the applicant or owner or his or her counsel fails to appear or present any evidence at the hearing, the hearing officer must render a determination based on the evidence in the record and offered at the hearing by the registration authority. (k) The hearing officer must issue a written determination to the city manager within 10 calendar days following completion of the hearing. The determination must make written findings of fact and recommend a decision based upon the findings. The findings of fact must 69
be supported by the weight of the evidence. The determination must explain the reasons for the recommendation. The failure of the hearing officer to issue a timely decision does not prejudice the city’s right to act in the matter.
(l) Within five business days or as soon as reasonably practical thereafter of receiving the hearing officer's determination, the city manager must render a final registration decision based on the findings of fact contained in the hearing officer’s determination, or remand the matter to the hearing officer to clarify the findings, make additional findings, or take additional evidence. The city manager’s final licensing decision is conclusive as to the city and must inform the principal applicant or owner that the time limit to seek judicial review is governed by Code of Civil Procedure Section 1094.6.
(m) The city manager may establish rules or regulations governing the selection and duties of hearing officers.
Sec. 13-13 Operating Requirements
(a) Massage businesses must comply with the operating requirements in Section 13-36. (b) Cannabis businesses must comply with the operating requirements in Section 13-55.
Sec. 13-14 Inspection
The investigating and enforcing officials of the City, including but not limited to the police chief, health officer, building official and zoning administrator, or their designees, are authorized to enter the premises from time to time during regular business hours for the purpose of making reasonable inspections to observe and enforce compliance with the regulations, laws, and statutes and with the provisions of this chapter applicable to the regulated business, and to charge inspection fees established therefore.
Sec. 13-15 Reporting
(a) A registrant must report to the registration authority any of the following within 96 hours of the occurrence:
(1) arrests of any employees or owners of the regulated business for an offense other than a misdemeanor traffic offense;
(2) resignations, terminations, or transfers of an employee of the regulated business; (3) any event involving the regulated business or individuals employed or contracted by the business that may constitute a non-compliance with this chapter or state law governing the regulated business or person engaged in activities related to the regulated business; (4) any change in the ownership of the regulated business. (b) This section requires reporting to the registration authority even if the regulated business believes that the registration authority has or will receive the required information from another source. Reporting does not relieve the registrant of any other requirements of this chapter including a requirement to cease operating. 70
Sec. 13-16 Duties of real property owners
(a) The owner of real property on which a regulated business operates must manage their property in a manner to avoid violation of this chapter. (b) The owner of real property on which a regulated business operates must not create or allow others to create any nuisance condition on the property and must promptly abate any nuisance condition.
(c) A real property owner is liable for a nuisance condition or a violation of this chapter occurring on the real property where a regulated business operates regardless of any contract with any third party regarding the property or business. When there are multiple property owners, the property owners are jointly and severally liable.
Sec. 13-17 Violation
(a) It is unlawful for a responsible person to establish or operate, or to allow the establishment or operation of a regulated business in violation of this chapter. (b) Every building or place in which a regulated business is established or operated in violation of this chapter is a public nuisance that may be enjoined, abated, and prevented and for which damages may be recovered. Knowledge of a violation by a responsible person is not required for a violation to be a public nuisance, for civil damages to be imposed, or for the remedy of abatement.
Sec. 13-18 Enforcement
(a) A violation of this chapter is a misdemeanor offense that may be charged as an infraction at the discretion of the initiating enforcement official. (b) Violation of this chapter may be remedied by any means available to remedy a violation of this Code. The remedies are cumulative and non-exclusive. (c) Notwithstanding Section 30-12, administrative fines issued under chapter 30 for violation of this chapter may be issued in amount between $100 and $1,000 as determined by the registration authority for each offense.
(d) Every person violating this chapter is subject to a civil penalty of $1,000 for each day of each violation which may be recovered in a civil action. (e) An offense charged as a misdemeanor violation of this chapter is punishable by imprisonment in the county jail not exceeding six months, or by fine not exceeding $1,000, or by both.
Sec. 13-19 Mandatory duty
This chapter is not intended to create a mandatory duty on the part of the city to protect any person from any injury or damage arising out of the establishment or operation of a regulated business or the enforcement or non-enforcement of this chapter.
Article II – Massage Businesses
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Sec. 13-30 Purpose
(a) The City Council recognizes that commercial massage therapy is a professional pursuit which can offer the public valuable health and therapeutic services. The City Council further recognizes that, unless properly regulated, the practice of massage therapy and the operation of massage businesses may be associated with unlawful activity and pose a threat to the quality of life in the local community. Accordingly, the City Council’s objective in enacting this article is to protect the public health, safety, and welfare by providing for the orderly regulation of businesses providing massage therapy services, discouraging prostitution and related illegal activities carried on under the guise of massage therapy, and establishing certain sanitation, health, and operational standards for massage businesses. The City Council intends that this article reduce and prevent neighborhood blight, protect and preserve the quality of City neighborhoods and commercial districts, and enhance enforcement of criminal statutes relating to the conduct of operators and employees of massage businesses. (b) In enacting this article, the City Council is relying upon the uniform statewide regulations applicable to massage practitioners and establishments enacted by the State Legislature to restrict the commercial practice of massage in the City to those persons duly certified to practice by the California Massage Therapy Council.
Sec. 13-31 Massage Business Definitions
The definitions in this section apply to the words and phrases use in this article unless the context clearly indicates otherwise.
California Massage Therapy Council or CAMTC means the Massage Therapy Organization formed under Business and Professions Code section 4600.5.
Certified Massage Practitioner means any individual certified by the California Massage Therapy Council as a Certified Massage Therapist or as a Certified Massage Practitioner under Business and Professions Code sections 4600 et seq.
Health Officer means the person appointed by the City under the Health and Safety Code or his or her authorized representatives or designees.
Massage or massage therapy means and refers to any method of treating the external parts of the body for remedial, health, or hygienic purposes for any form of compensation by means of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, or stimulating the external parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances; or with or without supplementary aids, such as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, or other similar preparations commonly used in this practice; or by baths, including but not limited to Turkish, Russian, Swedish, Japanese, vapor, shower, electric tub, sponge, mineral, fomentation, or any other type of bath.
Massage business means any business that offers massage therapy in exchange for compensation, whether at a fixed place of business or at a location designated by the client through outcall massage services, and includes businesses that offer massage therapy as well as other goods or services. “Massage business” includes a Certified Massage Practitioner who is the sole owner, operator and employee of a massage business operating as a sole 72
proprietorship.
Massage business operator means any and all operators and owners of a massage business.
Outcall massage means the engaging in or carrying on of massage therapy for compensation in a location other than the business operations address set forth in the massage business’s City Registration Certificate.
Practitioner or massage practitioner mean any person who administers massage to another person, for any form of consideration whether for the massage, as part of other services or a product, or otherwise.
Reception and waiting area means an area immediately inside the front door of the massage business dedicated to the reception and waiting of massage business clients and visitors, and which is not a massage therapy room or otherwise used for the provision of massage therapy services.
School of massage means any school or institution of learning that is recognized as an approved school under Business and Professions Code Division 2, Chapter 10.5.
Sec. 13-32 Scope and exemptions
(a) The provisions of this article apply to all massage businesses and individuals performing massage within the City of Belmont, except those businesses and individuals in subsection (b).
(b) The provisions of this article do not apply to the following classes of businesses or individuals:
(1) Physicians, surgeons, chiropractors, osteopaths, nurses, physical therapists or other practitioners who are duly licensed to practice their respective professions in the State of California while engaged in activities within the scope of their state license, and persons working directly under the supervision of or at the direction of such licensed persons, working at the same location as the licensed person, and administering massage services subject to review or oversight by the licensed person acting within the scope of their state license.
(2) Barbers and beauticians who are duly licensed under the laws of the State of California while engaging in practices within the scope of their licenses, except that this provision applies solely to the massaging of the neck, face and/or scalp, hands or feet of the clients. (3) Hospitals, nursing homes, mental health facilities, or any other health facilities duly licensed by the State of California, and employees of these licensed institutions while acting within the scope of their employment.
(4) Accredited high schools, junior colleges, and colleges or universities whose coaches and trainers are acting within the scope of their employment. (5) Trainers of amateur, semi-professional or professional athletes or athletic teams while engaging in their training responsibilities for and with athletes; and trainers working in conjunction with a specific athletic event.
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(6) Individuals administering massages or health treatment involving massage to persons participating in single-occurrence athletic, recreational or festival events, such as health fairs, road races, track meets, triathlons and other similar events; provided, that all of the following conditions are satisfied:
(A) The massage services are made equally available to all participants in the event; (B) The event is open to participation by the general public or a significant segment of the public such as employees of sponsoring or participating corporations; (C) The massage services are provided at the site of the event and either during, immediately preceding or immediately following the event; (D) The sponsors of the event have been advised of and have approved the provisions of massage services;
(E) The persons providing the massage services are not the primary sponsors of the event.
Sec. 13-33 CAMTC certification and local registration required (a) Individuals. It is unlawful for any individual to practice massage therapy for compensation within the City unless that individual is a certified massage practitioner. (b) Businesses. It is unlawful for any person to operate a massage business within the City unless all individuals employed or contracted by the massage business to perform massage including a sole proprietor are certified massage practitioners and the business is registered and holds a valid regulated business registration certificate in good standing under this chapter.
Sec. 13-34 Application for massage business registration (a) A person desiring to register a massage business must submit a complete registration application to the registration authority and pay an application fee as provided in Section 13-
5. (b) In addition to the application requirements in Section 13-6, the application must include a list of all of the massage business’s employees and independent contractors who are performing massage and their CAMTC certification.
Sec. 13-35 Registration disqualification
(a) A massage business is disqualified from registration and possessing a Registration Certificate if:
(1) An individual providing Massage Therapy for the business does not currently possess a valid CAMTC-certification;
(2) An owner -
(A) is required to register under Penal Code section 290 (sex offender registration), 74
(B) was convicted of -
(i) Penal Code section 266i (pandering),
(ii) Penal Code Section 315 (keeping or residing in a house of ill-fame), (iii) Penal Code Section 316 (keeping disorderly house), (iv) Penal Code Section 318 (prevailing upon person to visit a place for prostitution), (v) Penal Code Section 647(a) (engaging in or soliciting lewd or dissolute conduct in public),
(vi) Penal Code Section 647 (b) (engaging in or soliciting prostitution), (vii) Penal Code Section 653.22 (loitering with intent to commit prostitution), (viii) Penal Code Section 653.23 (supervision of prostitute), (ix) any crime involving dishonesty, fraud, deceit, violence, or moral turpitude, (x) a felony offense involving the sale of a controlled substance, or (xi) an offense in any other state which if committed in this state, would have been punishable as an offense listed in this subdivision,
(C) made a material misrepresentation on the registration application, (D) within the last 5 years from the date of the pending application - (i) made a material misrepresentation in a registration application; (ii) had a registration certificate, a land use permit, or other approval revoked by the City,
(iii) while an administrative, civil or criminal proceeding was pending against the owner or the massage business for conduct arising out of the operation of the business, surrendered a registration certification, a land use permit, or other approval issued by the City and necessary to operate a business, or
(E) who is or was, or owned a business or property that is or was, subject to injunction under Penal Code sections 11225-11235;
(3) Registration or operation of the business at the proposed location, as conditioned, is not consistent with federal, state or local laws or regulations or this chapter. (b) The registration authority may disqualify a massage business from registration if authority finds that:
(1) An owner or any massage business personnel committed an act that violates Business and Professions Code Section 4609, subdivision (a);
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(2) An owner or any massage business personnel have a history of committing, permitting or failing to prevent significant violations of City of Belmont Ordinances in relationship to the operation of the business; or
(3) An owner had an approval from another jurisdiction to operate a business in that jurisdiction that if presently located in the City would be a massage business and within the last seven years either -
(A) the jurisdiction revoked the approval, or
(B) while an administrative, civil or criminal proceeding was pending against the business, an owner, or personnel of the business for conduct arising out of the operation of the business, surrendered the approval.
Sec. 13-36 Massage business operating requirements
(a) No person may perform or permit any Massage within the City unless all requirements of this section are met.
(b) CAMTC-certification must be worn by and clearly visible on the Massage Practitioner's person during working hours and at all times when the Massage Practitioner is inside a massage business or providing outcall massage. (c) A massage business may be open and provide massage only between the hours of 7:00 a.m. and 9:00 p.m. All massage services must cease and the business must ensure that all clients exit the premises by 9:00 p.m.
(d) A list of the services available, described in readily understandable language, and the cost must be posted in the reception area. Outcall service providers must provide such a list to clients in advance of performing any service. No owner, manager, operator, or responsible managing employee may permit, and no massage practitioner may offer or perform, any service other than those posted as required herein, nor may an operator or a massage practitioner request or charge a fee for any service other than those on the list posted or provided to the client in advance of any outcall services. (e) A copy of the CAMTC certificate for each Massage Practitioner employed in the business must be displayed in the reception area. CAMTC certificates of former employees or contractors must be removed as soon as those practitioners are no longer employed by or offering services through the massage business.
(f) For each Massage service provided, every massage business must keep a complete and legible written record of the following information: the date and hour that service was provided; the service provided; the name or initials of the employee entering the information; and the name of the Massage Practitioner administering the service. Such records must be open to inspection and copying by police officers, or other City officials charged with enforcement of this chapter. These records may not be used by any Massage Practitioner or operator for any purpose other than as records of service provided and may not be provided to other parties by the Massage Practitioner or operator unless otherwise required by law.
Such records must be retained on the premises of the massage business for a period of two years and be immediately available for inspection during business hours. 76
(g) Massage businesses must at all times be equipped with an adequate supply of clean sanitary towels, coverings, and linens. Clean towels, coverings, and linens must be stored in enclosed cabinets. Towels and linens must not be used on more than one client, unless they have first been laundered and disinfected. Disposable towels and coverings must not be used on more than one client. Soiled linens and paper towels must be deposited in separate, approved receptacles.
(h) Wet and dry heat rooms, steam or vapor rooms or cabinets, toilet rooms, shower and bath rooms, tanning booths, whirlpool baths and pools must be thoroughly cleaned and disinfected as needed, and at least once each day the premises are open, with a disinfectant approved by the Health Officer. Bathtubs must be thoroughly cleaned after each use with a disinfectant approved by the Health Officer. All walls, ceilings, floors, and other physical facilities for the business must be in good repair, and maintained in a clean and sanitary condition.
(i) Instruments utilized in performing massage must not be used on more than one client unless they have been sterilized, using approved sterilization methods. (j) All massage business operators and their employees, including Massage Practitioners, must wear clean, non-transparent outer garments. The garments must not expose their genitals, pubic areas, buttocks, or chest, and must not be worn in such manner as to expose the genitals, pubic areas, buttocks, or chest. For the purposes of this section, outer-garments means a garment worn over other garments and does not include garments like underwear, bras, lingerie or swimsuits.
(k) No person may, and the owner, operator, responsible managing employee, or manager must not permit a person to possess an open container of alcohol, consume an alcoholic beverage, unlawfully ingest controlled substances, or ingest cannabis on the premises of a massage business.
(l) A massage business may not operate as a school of massage, or use the same facilities as that of a school of massage.
(m) A massage business may not place, publish or distribute, or cause to be placed, published or distributed any advertising matter that depicts any portion of the human body that would reasonably suggest to prospective clients that any service is available other than those services listed in accordance with subsection (d), and a massage business may not employ language in the text of such advertising that would reasonably suggest to a prospective client that any service is available other than those services as described in compliance with the provisions of this chapter.
(n) Massage may not be given unless the client’s genitals are, at all times, fully covered. A massage practitioner may not, in the course of administering any massage, make physical contact with the genitals or private parts of any other person regardless whether the contact is over or under the person’s clothing.
(o) Where the business has staff available to assure security for clients and massage staff are behind closed doors, the entry to the reception area of the massage business must remain unlocked when the business is open for business or when clients are present. 77
(p) When a massage business is located in a building or structure with exterior windows fronting a public street, highway, walkway, or parking area, clear visibility of the interior reception and waiting area through those windows may not be obstructed during business hours by any means including curtains, blinds, tints, or placement of materials in the line if sight. For the purpose of this subsection, there is an irrefutable presumption that the visibility is impermissibly blocked if more than 10 percent of the interior reception and waiting area is not visible from the exterior window.
(q) All signs must conform with City regulations.
(r) Minimum lighting consisting of at least one artificial light rated at not less than 450 lumens must be provided and must be operating undimmed in each room or enclosure where massage services are being performed on clients, and in all areas where clients are present. (s) Ventilation must be provided in accordance with applicable building codes and regulations.
(t) Hot and cold running water must be provided at all times. (u) Adequate dressing, locker and toilet facilities must be provided for clients. (v) A minimum of one wash basin for employees must be provided at all times. The basin must be located within or as close as practicable to the area devoted to performing of massage services. Sanitary towels must be provided at each basin. (w) Pads used on massage tables must be covered with material acceptable to the Health Officer.
(x) All massage businesses must comply with all state and federal laws and regulations for handicapped clients.
(y) A Massage Practitioner must operate only under the name specified in his or her CAMTC certificate.
(z) A massage business must operate only under the name specified in its Registration Certificate.
(aa) A massage business must not allow any person to reside within the massage business or in attached structures owned, leased or controlled by the massage business. (bb)Other than custodial or maintenance staff, no persons are permitted within the premises of a massage business between the hours of 11:00 p.m. and 6:00 a.m.
Article III – Cannabis Businesses
Sec. 13-50 Purpose
This chapter establishes standards for operation of cannabis businesses that are permitted, but which have the potential to create significant effects on the community and surrounding properties
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Sec. 13-51 Cannabis business definitions
The definitions in this section apply to the words and phrases use in this article unless the context clearly indicates otherwise.
“Cannabis” means all the following:
(1) Cannabis as defined by Business and Professions Code Section 26001(f). (2) Any other strain or varietal of the genus Cannabis not included in Business and Professions Code Section 26001(f) that may exist, be discovered or developed, whether growing or not.
“Cannabis products” is defined in Business & Professions Code Section 26001. “Cannabis retail” means a use involving the retail sale of cannabis or cannabis products to customers at fixed located location or by delivery.
“Cannabis distribution” means a use involving the procurement, sale, and transport of Cannabis or Cannabis Products between businesses for resale. “Cannabis Business” means any business operating a cannabis retail or a cannabis distribution use, either as the sole use or in combinations with other uses, on or from property located within the City of Belmont and includes not-for-profit retail and distribution uses.
Sec. 13-51 Scope and exemptions
(a) This article applies to all cannabis businesses operating within the City of Belmont except as provided in subsection (b).
(b) This article does not apply to a cannabis business operating from a fixed location outside the City of Belmont whose only business contact with the City is the mobile delivery of cannabis to a consumer within the City.
Sec. 13-52 Registration required
It is unlawful for any person to operate a cannabis business within the City unless the business is registered and holds a valid regulated business registration certificate in good standing under this chapter.
Sec. 13-53 Cannabis Business Application Requirements
(a) A person desiring to register a cannabis business must submit a complete registration application to the registration authority and pay an application fee as provided in Section 13-
5. (b) In addition to the application requirements in Section 13-6, the application must include the following.
(1) A site plan depicting:
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(A) The building footprint;
(B) Boundary and property lines;
(C) On-site parking spaces and loading areas;
(D) Any changes to the site plan that have occurred since the original city building, fire, and planning division approval(s) and include a notation identifying the date the modification was approved by the city if such approval was required. (2) A detailed security plan including:
(A) Narrative and annotated drawings of security camera and alarm system layout incorporating the operating standards in Section 13-55; (B) Minimum number and training of security guards on duty; (C) Patron screening procedure and queuing, if any, for admission to the establishment; (D) Patron access points into the establishment and entry control protocol; (E) Procedure for removal of disorderly or intoxicated patrons from the premises; and (F) Procedure for ensuring dispersal of patrons from the establishment, on-site parking area, and public rights-of-way (e.g., sidewalk or street) within 50 feet of any entrance to the establishment.
Sec. 13-54 Cannabis business registration disqualification (a) A cannabis business is disqualified from registration and possessing a City registration certificate to operate at a particular location if:
(1) An owner of the business does not currently possess a valid state cannabis business license in good standing to operate the business at the location; (2) The application contains a material misrepresentation including false or misleading information, the application fails to include all required information, or a material fact is omitted;
(3) An owner of the business has been convicted of an offense that is substantially related to the qualifications, functions, or duties of the business or profession for which the application is made which include, but not be limited to, the following:
(A) A violent felony, as specified in subdivision (c) of Section 667.5 of the Penal Code, (B) A serious felony, as specified in subdivision (c) of Section 1192.7 of the Penal Code, (C) Any crime involving dishonesty, fraud, deceit, violence, or moral turpitude, (D) A felony for hiring, employing, or using a minor in transporting, carrying, selling, giving away, preparing for sale, or peddling, any controlled substance to a minor; or 80
selling, offering to sell, furnishing, offering to furnish, administering, or giving any controlled substance to a minor,
(E) A felony for drug trafficking with enhancements under Health and Safety Code Section 11370.4 or 11379.8, or
(F) Any crime involving the possession sale, manufacture, distribution or transportation of a controlled substance;
(4) An owner of the business has within the last 10 years from the date of the pending application:
(A) made a material misrepresentation in an application for license, permit or other permission to operate a cannabis business in the City,
(B) had a cannabis business registration, a land use permit, or other approval revoked by the City, or
(C) while an administrative, civil or criminal proceeding was pending against the owner or the business for conduct arising out of the operation of a business, surrendered the business permit, a land use permit, or other approval issued by the City and necessary to operate the business;
(5) An owner of the business is or was, or owned a business or property that is or was, subject to court-issued injunction, abatement order, or other decree or adverse judgment under Civil Code Sections 3490 through 3496, Penal Code sections 11225 through 11235, Health and Safety Code sections 11570 through 11587, or Business and Professions Code Section 17200 through 17210;
(6) Subsection (3)(F) does not apply to a conviction for which the sentence, including any term of probation, incarceration, or supervised release, was completed more than ten years before the date of application; or
(7) The City receives credible information that the federal government will commence enforcement against the type of cannabis business or the local governments that regulate them.
(b) The registration authority may disqualify a cannabis business from registration if the authority finds based on a preponderance of evidence that:
(1) A responsible person committed any act that violates any requirement of Division 10 of the Business and Professions Code.
(2) An owner of the business has engaged in conduct comprising all of the elements of any crime identified in subsection (a).
(3) A responsible person has a history of committing, permitting or failing to prevent significant violations of City of Belmont Ordinances in relationship to the operation of the business.
(4) A responsible person had an approval from another jurisdiction to operate a cannabis 81
business in that jurisdiction within the last 5 years and either:
(A) the jurisdiction revoked the approval, or
(B) while an administrative, civil or criminal proceeding was pending against the business, an owner, or personnel of the business for conduct arising out of the operation of the business, surrendered the approval.
(5) A responsible party has a history of committing, permitting or failing to prevent significant violations of federal, state or local employee wage and hours laws. (c) As used in this section the term conviction includes convictions that are dismissed under Penal Code Section 1203.4, 1203.4a, or 1203.41 or any other provision allowing for dismissal of a conviction.
Sec. 13-55 Cannabis business operating standards
(a) Operating requirements. Cannabis businesses must operate in accordance with approved the operating plan, security plan, the standards in this section and in strict compliance with state law licensing and operational standards. To the extent that one or more standards conflict, the most prescriptive standard applies. (b) Surveillance system. Cannabis businesses must be protected by a surveillance system that meets the standards of this section and any additional standards determined by the chief of police.
(1) The premises must be equipped with, and at all times be monitored by, a secure webbased security system that includes a security camera system and a security alarm system.
Off-site monitoring and video recording storage of the premises by the operator or an independent third-party is authorized as long as standards exercised at the remote location meet or exceed all standards for on-site monitoring.
(2) Security camera video must be kept for a minimum of sixty days in a format that can be easily accessed for viewing.
(3) All surveillance video must be either recorded and stored off-site via a secure webbased security system or, for on-premise based security systems, backed up in real time to a secure, web-based storage provider.
(3) Operators must cooperate with all law enforcement investigations and provide video footage related to any such investigation upon request in a manner that is readily viewable by law enforcement at their offices.
(4) Alarm and camera systems must be equipped with a failure notification system that provides prompt notification to the operator of any prolonged surveillance interruption or failure of the system.
(5) All surveillance control and monitoring equipment, and records must be stored in a secured area that is only accessible to management staff. Operators must keep a current list of all authorized employees who have access to the surveillance system or alarm system. 82
(6) All security measures installed on the premises shall have the capability to remain fully operational during a power outage.
(c) Security Camera System.
(1) The camera and recording system must be of adequate quality, color rendition and resolution to allow the ready identification of an individual on the premises and the ability to capture license plates entering and exiting the premises. (2) Security cameras must record continuously twenty-four hours per day, seven days per week.
(3) The recording system must continuous save footage to a web-based repository from which live feed may be monitored in real time and recordings reviewed. (d) Security Camera Coverage.
(1) Security cameras must capture activity at all entry points to the property, and within all buildings and structures on the premises, including all entrances, exits, perimeter windows and all areas where customers and employees may have access, with the exception of any restroom area.
(2) Areas where cannabis is handled or kept must have camera placement in the room facing the primary entry door at a height which will provide a clear unobstructed view of activity without sight blockage from lighting hoods, fixtures, or other equipment. (3) Cameras must be placed at each location where cannabis is handled and positioned to record all weighing, packaging, transport preparation, processing, or labeling activities. (4) At least one camera must be dedicated to record the access points to the secured surveillance control and monitoring area.
(5) At each point-of-sale location, camera coverage must enable recording of the customer(s) and employee(s) facial features with sufficient clarity to determine identity. (e) Security Alarm System.
(1) The premises must be protected by a professionally designed, installed and monitored security system that includes motion-sensor lighting, and burglar and panic alarms. (2) An operator must maintain up-to-date and current records and existing contracts on the premises that describe the location and operation of security alarm systems, a schematic of security zones, the name of any alarm installation company, and the name of any monitoring company.
(3) All monitoring companies must be licensed by the Bureau of Security and Investigative Services to monitor motion-sensor lighting and alarms.
(4) Panic buttons must be installed in all commercial cannabis use premises with easy access by employees and all employees shall be properly trained on its use. 83
(5) Installation and operation of alarm systems must comply Belmont City Code Sections 18-50 through 18-63
(6) The operator must immediately notify police dispatch of an activated alarm and must promptly verify if actual emergency exists that requires an emergency police response. (f) Firearms.
(1) Weapons and firearms are prohibited on the premises, unless authorized by the police chief. This provision does not apply to peace officers engaged in official duty. (2) The premises must be posted with a sign prohibiting firearms on the premises. (g) Building security.
(1) All structures used for commercial cannabis use must have locking doors, with commercial-grade nonresidential locks, to prevent free access. (2) Any security bars installed on the windows or the doors of the cannabis business must be installed only on the interior of the building in compliance with all applicable codes. (3) Windows and roof hatches of the premises must be secured from the inside with effective means so as to prevent unauthorized entry, and must be equipped with latches or a similar mechanism that may be released quickly from the inside to allow exit in the event of emergency in compliance with all applicable provisions in this Code. (4) Minimum lighting level of one foot-candle shall be provided at building entrances and in parking lot areas. All lighting must be fully shielded, downward casting and not spill over onto structures, other properties or the night sky. Exterior lighting on the premises must be balanced to complement surveillance systems to ensure all areas of the premises are visible, and provide increased lighting at all entrances to the premises. The lighting required must be turned on from dusk to dawn.
(5) The site security plan must include a photometric plan meeting these requirements and fixture details if new or upgraded lighting is required. (h) Personnel.
(1) Owner-operators, employees and all persons working on the premises must be at least twenty-one years of age.
(2) Security guards must be state-licensed and provided by a reputable private security guard firm. All other persons working on the premises must be employees of the business subject to the operator’s direction and control and not independent contractors except that the business may use an independent contractor to monitor the surveillance systems. (3) All employees and persons working on the premises must submit to a background investigation and approval by the police chief before performing any work on the premises. (4) The registration authority may deny authorization to a person to work on the premises if the person:
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(A) Has been convicted of a crime of moral turpitude;
(B) Has been convicted of any misdemeanor or felony within the last ten years involving the following: the use of violence, force, fear, fraud or deception; or the unlawful possession, sale, manufacture, use, distribution or transportation of a controlled substance; or the use of money to engage in criminal activity; or the unlawful possession or use of a firearm; or
(C) Has been convicted of a crime that substantially relates to the qualifications, functions, or duties of the business or profession, including a felony conviction involving fraud, deceit, or embezzlement, a criminal conviction for the sale or provision of illegal controlled substances to a minor, or any criminal conviction for a crime moral turpitude as determined by the registration authority.
(4) An operator may not employ an individual or permit a person to work on the premises that has not received authorization from the registration authority. (5) The registration authority is authorized to take all actions necessary in order to implement an employee authorization system, which may include requiring any employee of an operator to obtain a work permit from the City or requiring an employee of an operator to undergo future background investigations and pay a fee. (6) The registration authority may revoke authorization to an employee based on any of the grounds for denial of authorization.
(7) The operator may appeal a registration authority decision to deny or revoke work authorization, and an affected employee may appeal a registration authority decision to revoke work authorization, the same manner and subject to the same requirements as an appeal of a registration decision under Section 13-12.
(i) Operational security
(1) The operator must establish and promptly execute procedures to prevent individuals from remaining on the premises of the commercial cannabis use if they are not engaging in activities expressly related to the operations of the commercial cannabis use. (2) The operator must establish a transportation plan that details the procedures for the safe and secure transport of cannabis, cannabis products, and currency to and from the premises, including the transfer of currency for remitting City tax payments. (3) Except for products on display for sale at dispensaries during hours which the business is open to the public, all cannabis and cannabis products must be stored in a secured and locked room, safe, or vault that meets approval of the registration authority. (4) To the fullest extent possible, all cannabis and cannabis products must be kept in a manner that prevents theft and loss, except for limited amounts used for the purposes of display or immediate sales.
(5) The operator must provide contact information for a liaison who will be available at all times to meet with the police chief regarding security measures and operational issues. 85
(j) Tracking.
(1) Operators must comply with any track and trace program established by the state or local agencies.
(2) Operators must maintain records tracking all cannabis production and products, and must make all records related to commercial cannabis use available to the City upon request.
(k) Police Notification. Operators must notify the police department immediately upon discovering any of the following:
(1) Significant discrepancies identified during inventory. Discrepancy exceeding two percent of inventory or State regulations must be reported. (2) Diversion, theft, or loss, or any criminal activity involving the commercial cannabis use or any agent or employee of the commercial cannabis use. (3) Any other breach of security.
(l) Alcohol Sales and consumption
Alcoholic beverages may not be sold, dispensed, or consumed on or about the premises of a cannabis business.
(m) Record Keeping and Auditing
(1) An operator must maintain accurate records detailing all revenues and expenses of the cannabis business and all assets and liabilities, follow accepted cash handling practices and maintain a general ledger of cash transactions.
(2) At or before the time of the renewal of a permit, or at any time upon reasonable request of the City, each operator must file a sworn statement detailing on a per-month basis the number of sales, gross receipts, and applicable taxes paid or due to be paid during the permit period.
(3) On an annual basis, each operator must submit to the City a financial audit of the business conducted by an independent certified public accountant. Each operator is subject to a regulatory compliance review and financial audit as determined by the registration authority. The business must allow the City to access the books, records, accounts and all data relevant to its operations for purposes of conducting an audit or examination to determine compliance with this Code, conditions of approval, and applicable laws. Books, records, accounts and all relevant data must be produced no later than twenty-four hours after receipt of the City's request.
(4) An operator must maintain and provide to the registration authority upon request a current register of the names and the contact information (including the name, address, and telephone number) of
(A) anyone owning or holding an interest in the commercial cannabis use, and 86
(B) all the officers, managers, employees, and agents currently employed or otherwise engaged by the business.
(5) The operator must maintain a log of customer and neighborhood complaints and must make the log available to the City upon request. The log must contain at a minimum: the date of the complaint, the complainant, the nature of the complaint, and the action taken by the business to address the complaint.
(n) Persons allowed on premises
(1) The operator must not allow anyone to remain on the premises who is not an on-duty employee, customer, vendor, supplier or contractor of the business or a public employee engaged in the course and scope of their employment.
(2) No person under the age of eighteen may be allowed on a cannabis business site at any time.
(3) No person between the age of eighteen and twenty-one may be allowed on a cannabis business premises unless the business holds a state-issued M-license and strictly complies with California Business and Professions Code Section 26140(c). (4) All persons entering the premises must present a government issued photo identification except a public employee engaged in the course and scope of their employment.
(5) The operating plan must specify how the operator will comply with and enforce this section.
(o) Sales regulated. A cannabis business must not conduct or engage in the commercial sale of any product, good or service unless otherwise approved by the permit. (p) Required Signage. The following signs, in measurements of not less than eight by ten inches, must be clearly and legibly posted in a conspicuous location inside the cannabis dispensaries where they will be visible to customers in the normal course of a transaction, stating:
"The sale of cannabis without a State license is illegal." "Smoking cannabis on this property, within twenty feet of the dispensary, or in any public place is illegal under California law."
For M-licensees: "No one under the age of eighteen is allowed on the premises, unless they are a qualified patient or a primary caregiver."
For A-licensees: "No one under the age of twenty-one is be allowed on the premises." Sec. 13-56 Liability and Indemnification
To the maximum extent permitted by law, cannabis business operators must defend (with counsel acceptable to the City), indemnify and hold harmless the City and its respective officials, officers, employees, representatives, agents and volunteers from any liability, 87
damages, actions, claims, demands, litigation, loss (direct or indirect), causes of action, proceedings, or judgment (including legal costs, attorneys' fees, expert witness or consultant fees, city attorney or staff time, expenses or costs) against the City to attack, set aside, void or annul, any cannabis-related approvals and actions or for the failure of the operator to strictly comply with the conditions under which such permit is granted. The City may elect, in its sole discretion, to participate in the defense of an action and the operator must reimburse the City for its reasonable legal costs and attorneys' fees.
Sec. 13-57 Operating Plan
(a) The application must include an operating plan that specifies the manner in which operations will be handled and security provided, and which details the number of employees, hours and days of operation allowed and approved. (b) The operating plan must provide that the cannabis dispensary require, at a minimum, a doctor's written recommendation in compliance with State law for medical cannabis sales, as well as a photo identification for any person entering the site. (c) Any commercial cannabis use issued a permit must be operated in conformance with the approved operating plan and must meet any specific, additional operating procedures and measures as may be imposed as conditions of approval to ensure that the operation of the business is consistent with protection of the health, safety and welfare of the community and customers and will not adversely affect surrounding uses.
SECTION 2. BCC § 15-110 AMENDED
Belmont City Code Chapter 15, Article IX, Section 15-110 is amended to read:
Sec. 15-110 Purpose.
(a) The purpose of this article is to promote the public health, safety and welfare by:
(1) Protecting citizens from the secondary impacts associated with medical cannabis dispensaries and commercial cannabis activity, including, but not limited to, loitering, fraud in obtaining or use of medical cannabis identification cards, robbery, assaults, and other crimes.
(2) Protecting citizens from secondary impacts associated with cannabis cultivation and distribution, including, but not limited to, electrical fires and ignition of volatile chemical substances utilized in the cultivation process, crimes occurring at grow sites, odors perceptible in neighborhoods, and related nuisances.
(3) Preventing increased demands for police response resulting from activities at cannabis cultivation sites, storage facilities, dispensaries, and retail outlets, and thereby avoiding reduction in the ability of the city's public safety officers to respond to other calls for service.
(b) The city adopts this article under its authority granted by California Constitution Article XI, Section 7, Proposition 215 (the Compassionate Use Act), Proposition 64 (the “Control, Regulate and Tax Adult Use of Marijuana Act” or the “AUMA”) and Health and Safety Code Section 11362.2.
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SECTION 3. BCC § 15-111 AMENDED
Belmont City Code Chapter 15, Article IX, Section 15-111 is amended to read:
Sec. 15-111 Cannabis businesses
(a) Except as provided in subsections (b) and (c), to the extent permitted by law, the City of Belmont prohibits the establishment or operation of a cannabis business or activity licensed under Business and Professions Code Division 10 within the city's jurisdiction, including the establishment or operation of medical cannabis collectives, cooperatives, or dispensaries.
(b) Only those cannabis businesses authorized, properly registered, in good standing and conducting business in accordance with Chapter 13 may be established and operate in the city.
(c) This section does not prohibit mobile delivery of cannabis or cannabis products to a residence within the city from a business located outside the city.
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 does not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it 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. EFFECTIVE DATE.
This ordinance takes effect and will be enforced 30 days after its adoption. * * *
The City Council of the City of Belmont, California introduced the foregoing ordinance, on January 23, 2024 and adopted the ordinance at a regular meeting held on February 13, 2024 by the following vote:
Ayes:
Noes:
Absent:
Abstain:
ATTEST:
City Clerk Mayor
89
APPROVED AS TO FORM:
City Attorney
90
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY OF BELMONT ADOPTING BY REFERENCE SAN MATEO COUNTY ORDINANCE CODE CHAPTER 6.04 RELATED TO ANIMAL CONTROL AND AMENDING BELMONT CITY CODE CHAPTER 5, ARTICLE 1
REGARDING THE REGULATION OF ANIMALS
THE CITY COUNCIL OF THE CITY OF BELMONT DOES ORDAIN AS FOLLOWS:
SECTION 1. BCC CHP 5, ART 1, § 5-1 REPEALED AND REPLACED Belmont City Code Article 5, Article I, section 5-1 is repealed and replaced to read:
Sec. 5-1 Adoption and Enforcement of San Mateo County Ordinance Code Chapter 6.04 (Animal Control)
(a)(1) Except as provided in subsection (2), San Mateo County Ordinance Code Title 6, Chapter 6.04, entitled “Animal Control” as adopted by the San Mateo County Board of Supervisors Ordinance No. 4486 on January 9, 2024, is adopted by reference under Government Code Section 50022.9.
(2) San Mateo County Ordinance Code Title 6, Chapter 6.04, sections 6.04.230 and
6.04.240 are not adopted.
(b) Amendments to Chapter 6.04 as may be adopted by the board of supervisors are not effective unless subsequently adopted by the city council in accordance with Government Code Section 50022.7.
(c) The city clerk is directed to maintain at least one copy of Chapter 6.04 on file in the city clerk's office for public inspection.
(d) The regulations in Chapter 6.04 as adopted by subsection (a) are effective and will be enforced in the City of Belmont on the effective date of this ordinance. (e) Subject to such terms and conditions as may be required by the city manager, the County of San Mateo is authorized to administer and enforce Chapter 6.04, as adopted herein within the City of Belmont, including issuing of administrative fines and holding hearings.
The city manager is authorized to execute agreements with the county necessary to implement the authority provided by this section. The County may charge the fees set forth in Chapter 6.04 in administering and enforcing Chapter 6.04 within the City of Belmont. (f) The authority provided in subsection (f) supplements all other authority of the city and does not limit the authority of the city to enforce the regulations adopted by reference in this section.
(g) For purposes of administration and enforcement by the City of Belmont, all references in San Mateo County Ordinance Code Chapter 6.04, to county officers means the city manager or designee.
(h) It is unlawful for any person to violate the regulations in Chapter 6.04 as adopted by this section. Violation is an offense that may be charged as set forth in section 1-8. Violation 91
may be remedied by any means available to remedy a violation of this Code. The remedies for violation are cumulative.
(i) Administrative fines issued under chapter 30 for violation of the regulations adopted by this section are be as follows:
One hundred dollars for a first violation;
Two hundred dollars for a second violation; and
Five hundred dollars for a third and subsequent violations.
SECTION 2. BCC CHP 5, ART 1, §§ 5-3 THROUGH 5-27 REPEALED Belmont City Code Article 5, Article I, sections 5-3, 5-4, 5-5, 5-6, 5-7, 5-8, 5-9, 5-10, 5-11, 5-12, 5-13, 5-14, 5-15, 5-16, 5-16.1, 5-17, 5-18, 5-19, 5-20, 5-21, 5-22, 5-23, 5-23.1, 5-24, 5-26, 5-27 are repealed.
SECTION 3. 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 City Council of the City of Belmont hereby declares that it 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 4. EFFECTIVE DATE.
This Ordinance takes effect and will be enforced 30 days after its adoption. * * *
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The City Council of the City of Belmont, California introduced the foregoing ordinance, on [insert date], 2024 and adopted the ordinance at a regular meeting held on [insert date], 2024 by the following vote:
Ayes:
Noes:
Absent:
Abstain:
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM:
City Attorney
93
Hillside Road Improvement Plan and Single-Family Design Review - Staff Report 1
STAFF REPORT
Meeting Date: February 13, 2024
Agency: City of Belmont
Staff Contact: Rob D. Gill, Senior Planner, (650) 598-4204, [email protected] Agenda Title: Hillside Road Improvement Plan & Single-Family Design Review; 2800 Block of Monte Cresta Drive
Agenda Action: Resolution
Recommendation
1) Conduct Public Hearing and consider Planning Commission recommendations. 2) Adopt a Resolution approving a Hillside Road Improvement Plan, Single-Family Design Review, Floor Area Transfer, Conditional Use Permit, Grading Permit, Tree Removal Permit, and City Code Exceptions.
Strategic Focus Area
Economic Development and Housing
Background
At their November 21, 2023 meeting, the Planning Commission held a public hearing, considered public testimony, and reviewed the proposed project. There were a number of public comments (in writing, in person, and virtually on Zoom). Staff has provided a brief summary of comments received and responses – see Attachment D.
At the conclusion of the hearing, the Commission adopted a Resolution (four in favor, and one absent) recommending the City Council approve the project entitlements. The Commission’s recommendation also required that: 1) the Geotechnical Engineer of Record (GEOR) provide an updated letter to the project Geotechnical Investigation report addressing the 2018 Seismic Hazards Map Act (SHMA) requirements, and 2) the City Council receive a peer review letter confirming the SHMA requirements have been satisfactorily addressed by the GEOR and that seismic slope stability issues would not preclude development of the project. The geotechnical information addressing the 2018 SHMA was submitted by the GEOR for the project on January 4, 2024, and was peer reviewed by the City’s geotechnical consultant in a letter dated January 26, 2024. The SHMA requirements pertaining to this project has been satisfied, and no further investigative action is required. Copies of the geotechnical and peer review letters are included in Attachment F.
Project Location and Site Description
The project site is located in western Belmont at the western terminus of Monte Cresta Drive, adjacent to 2817 Monte Cresta Drive. The site is a steeply sloping 0.22-acre parcel (Assessor Parcel Number (APN) 043-165-180 Lot 55) bounded by the residence at 2817 Monte Cresta Drive to the east, the residence at 2810 Alhambra Drive to the south, vacant parcels to the west of Monte Cresta Drive, and Monte Cresta 94
Hillside Road Improvement Plan and Single-Family Design Review - Staff Report 1 Drive and the residence at 2828 Monte Cresta Drive to the north. The project site is currently undeveloped and contains vegetation and wildlife habitats consisting primarily of non-native annual grassland and coast live oak woodland. The site has relatively steep slopes with an average slope of 48.7%.
Project Proposal
The applicant proposes to construct a 3,299 square-foot multi-story residence with an attached garage, including a driveway extending from the terminus of Monte Cresta Drive. The proposed construction also includes a road segment extending Monte Cresta Drive with a fire truck turn-around/cul-de-sac at the western terminus of Monte Cresta Drive, requiring construction of retaining walls and drainage control measures. A roadway extension is required to comply with the Americans with Disabilities Act (ADA) and design standards of the City’s Hillside Road Standards – San Juan Hills, as specified in Section 7-13 of the City Code. The applicant also requests a Conditional Use Permit requesting a smaller lot size pursuant to Belmont Zoning Ordinance 4.7.9 to bring the property into compliance with the Subdivision Map Act.
Zoning and Land Use
The project site is zoned HRO-2 (Hillside Residential Open Space - subdivided) and located in a hillside residential area of the San Juan Hills area of Belmont. Lands to the north and west of the roadway extension are primarily undeveloped residentially designated parcels zoned HRO-2. The paved portion of Monte Cresta Drive to the east of the project site has been developed with hillside residences and the area is zoned R-1/B. According to Section 4.7 of the City of Belmont Zoning Code, one-family residences are permitted in the HRO-2 District.
The project site has a General Plan Designation of HROS – Hillside Residential Open Space. The HROS land use designation allows for the construction of a single-family residence and accessory structures. The project’s proposed single-family dwelling and attached garage is consistent with the allowed uses of the HROS land use designation. The property is located within the San Juan Hills Specific Plan Area (SJHSP).
The SJHAP is a part of the Belmont General Plan. The SJHAP establishes policies specific to activities and development occurring in the San Juan Hills Area in which the project site is located. The project’s consistency with applicable General Plan and San Juan Hills Area Plan policies is demonstrated in the Categorical Exemption Evaluation (see Attachment O, Table – 3 titled Project Consistency with Applicable General Plan Policies and Table – 4 titled Project Consistency with Applicable San Juan Hills Area Plan Policies).
Roadway Improvement Plan
Background
The property included in the application is located within the San Juan Hills. The lotting and road pattern in the area generally follows subdivision maps filed in 1926 and 1927 before the modern Subdivision Map Act that gave local jurisdictions authority to require improvement of roads as part of the subdivision approval process. As a result, many lots in those early subdivisions are served by “paper roads” that have never been built. The subject property is sited just beyond the improved portion of Monte Cresta Drive, one of the original “paper roads.” The lot is accessible only from the unimproved portion of the road right of way.
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Hillside Road Improvement Plan and Single-Family Design Review - Staff Report 1 The San Juan Hills Area Plan (SJHAP) was adopted by the City in 1988 to deal with the problems posed by the antiquated subdivision of the San Juan Hills. Chief among those problems are steep slopes and potential geologic instability at locations where roads were laid out on the subdivision maps but were never improved. A survey of these areas of geologic instability was prepared and incorporated in the Area Plan (Figure 4 – SJHAP Geologic Hazard Policy Map) and adopted by City Code Section 7-12(d). The Area Plan also adopted policies for the development of roads in areas of geologic instability shown on the Geologic Hazard Policy Map to ensure safe development. In particular, Natural Conditions Policy 5 and Infrastructure Road Policy 8 require appropriate mitigation of moderate geologic hazards affecting road development. Moderate geologic hazards are defined by the policies to include areas categorized on Figure 4 (and shown in City Code Section 7-12(d)) as “PDF” (potential debris flow movement1), which is the category of hazard affecting the proposed road segment.
To facilitate these policies, Infrastructure Road Policy 10 requires an application for a home within the San Juan Hills that is not located on an improved road be accompanied by a road improvement plan for either the entire unimproved road through to an existing improved road, or for an unimproved road segment only. A road segment plan extends from the end of an existing improved road to the point where extending the road would become infeasible due to physical constraints. Policy 10 states that examples of such constraints are “extremely steep slopes and areas categorized on Figure 4 as moving deep landslides (Md).”
City Code Section 7-13(e) implements Infrastructure Policy 10 by establishing application requirements and findings for approval of a through road or road segment. A road segment plan may be approved when, among other findings, it can be demonstrated that a stable, safe, through road cannot be reasonably constructed because of physical constraints. (City Code Section 7-13(e)(10)h.1.) One of the application submittal requirements for a road segment plan is “a report signed by a licensed geotechnical engineer concluding that the physical constraints are such that a stable road cannot be reasonably constructed through to a paved road. The report must describe the specific constraints precluding a through road and evaluate the impacts and costs of methods of overcoming the constraints through removal or engineering solutions.” (City Code Section 7-13(e)(9)(b.1.).
Feasibility of a Through Road
To show infeasibility, City Code Section 7-13(e)(9)(b.1.) requires a report signed by a licensed geotechnical engineer containing certain facts and findings. To meet this standard, the applicant has submitted a feasibility report from 2008 from a previous road improvement project (see Attachment I).
Although the 2008 feasibility report was reviewed by the City’s geologic and geotechnical consultant and concluded that they were in fundamental agreement with the basic findings of the report, the application for the road improvement plan was ultimately not pursued, no decision was ever made, and the City made no final decision on the adequacy of the submitted report. Thus, City staff requested that the report be updated.
1 "Pdf" is defined as "steep to very steep terrain mantled with a thick cover of soil, colluvium, and landslide debris... susceptible to rapid downslope movement in the form of debris flows or earth flows". 96
Hillside Road Improvement Plan and Single-Family Design Review - Staff Report 1 In a 2017 appeal decision (upholding the decision of the Planning Department that the Application is incomplete), the Planning Commission in their review asked that the requirements regarding the feasibility report be met in the manner least burdensome to the applicant. To provide more direction to the applicant, the City’s geologic and geotechnical consultant reviewed its earlier recommendations and required that the project geotechnical consultant to make observations and inspect the entire length of the unimproved section of Monte Cresta Drive and make recommendations and perform additional testing and borings, if needed. The project geotechnical consultant was also required to update any conclusions and recommendations regarding the feasibility of the through roadway. The City’s geologic and geotechnical consultant’s recommendations was included with a list of requirements that had to be submitted to the Planning Department to complete the application as a part of a 2017 City Council Resolution (upholding the Planning Commission’s decision that the project application was incomplete).
In February 2017, the project geotechnical consultant (Romig Engineers) walked the entire unimproved roadway section between the existing improved and paved ends of Monte Cresta Drive to observe current conditions. The results of this site investigation determined that the site conditions have not changed significantly since the 2008 feasibility study that was prepared. Based on the project geotechnical engineer’s site investigation, they concluded that constructing a through road remains impractical and economically infeasible. The results of this site investigation are further detailed in Romig Engineers’ Geologic and Geotechnical Update Letter, dated February 23, 2017 (see Attachment I).
The geotechnical information that was submitted for the project was peer reviewed by the City’s geologic and geotechnical consultant Cotton, Shires, and Associates (CSA). CSA concurred with the project geotechnical consultant that the through road remains impractical and economically very costly because of very significant landslide constraints (Cotton, Shires and Associates Peer Review Letter, October 26, 2017 – see Attachment I).
Roadway Segment Plan
The proposed road plan would be for a segment of roadway that will serve as access to the property. The applicable section of the Belmont City Code to this roadway improvement plan, Section 7-13(e)(9.b.), states that a plan for an unimproved road segment may be approved, instead of a plan for the entire roadway, when the segment lies between an existing paved road and an area where physical constraints, such as very steep slopes or geologic instability effectively preclude construction of a through connection (such as areas mapped or designated Md or Pdf on the current geologic hazards map). The roadway alignment west of the project site is mapped as "PDf" indicating potential debris flow movement which is the category of hazard affecting the proposed road segment.
According to the applicant’s geotechnical engineer (Romig Engineers), with confirmation by the City’s consulting geotechnical engineer (CSA) through peer review, the proposed road segment is feasible with proper design and construction. Recommended construction measures for the proposed road segment / fire truck turnaround is summarized in the Romig Engineers’ 2016 design-level geotechnical report for the residence (see Attachment I).
Road Access
The road extension would provide driveway access to the proposed development site, and potentially 97
Hillside Road Improvement Plan and Single-Family Design Review - Staff Report 1 provide access to the adjacent vacant lot zoned HRO-2 (Hillside Residential and Open Space) west of the new road terminus. However, this lot is not proposed for development. In addition, this lot may not be feasible for development because of the mapped potential debris flow (PDf) and landslide movement (Pd2) on the lot.
Width Standards for Hillside Roads
The project proposes to extend Monte Cresta Drive approximately 50 feet to the west from its current paved terminus with the construction of a cul-de-sac / vehicle turnaround. The adjacent right-of-way fronting the site is considered an unimproved roadway section of Monte Cresta Drive. Belmont City Code (BCC) Section 7-13(e)(9) provides that a road improvement plan is required to be approved by the City Council to “…ensure adequate emergency access, public safety and drainage improvements.” Per BCC section 7-13(e)(5) Table 1, hillside roads are required to include two traffic lanes and gutters, curbs, parking lanes, and sidewalks on both sides of the road. Per BCC 7-13(e)(6), the width of a proposed hillside road or road segment may be reduced by eliminating sidewalks and/or parking lanes depending on the related cross slopes as described in BCC 7-13(e)(6) and shown in table below.
Hillside Road Width Related to Cross Slopes Table
Cross
Slope
Traffic
Lanes
Curbs &
Gutters
Parking
Lanes Sidewalk TotalWidth
21% - 30% 20' 2' both sides
*5.5' both
sides
5’ one
side 40’
*Per the SMCFD the turnaround should be designated as “No Parking” and “rolled red curb” The project engineer has prepared a cross slope analysis that indicates an average slope of 29% (see Attachment H). Per Section 7-13(e)(6) and Table 2 - Hillside Road Width Related to Cross Slopes, the roadway shall be 40 feet in width, including two 10-foot-wide travel lanes, two 5.5-foot-wide parking lanes, two two-foot-wide curb and gutters and one five-foot wide sidewalk. However, per San Mateo Consolidated Fire Department (SMCFD) comments, parking within the turnaround should be designated as “No Parking” and “rolled red curb” to provide for adequate emergency access. Thus, the practical layout for the proposed turnaround includes 20-foot travel lanes, two two-foot curb and gutters, and one fivefoot sidewalk along the southern side of the turnaround. The applicant has requested an exception to install parking lanes. The exception is discussed further in this report.
Standards for Hillside Roads
The standards for an unimproved road segment terminating in a cul-de-sac are set forth in Belmont City Code Section (BCC) 7-13(4)(i). In general, the length of a cul-de-sac may not be longer than 800 feet (from the turnaround to the open street) with a turn-around radius of 32 feet, unless the city engineer in consultation with the fire chief recommend a longer cul-de-sac or smaller turnaround based an analysis of several factors.
2 "Pd" is defined as "relatively unstable landslide debris, commonly more than 10 feet in thickness on moderately steep to very steep slopes ... susceptible to renewed deep landslide movement". 98
Hillside Road Improvement Plan and Single-Family Design Review - Staff Report 1 The existing terminus of Monte Cresta Drive is a cul-de-sac3 with a bulb design turnaround4. The existing cul-de-sac is approximately 820 ft. long that extends from the existing turnaround to the open street at the intersection of Barclay Way and Monte Cresta Drive, and currently serves 17 homes along the 2800 block of Monte Cresta Drive. Since the current terminus of Monte Cresta Drive does not have adequate space for fire truck turnaround, the proposed project includes construction of a fire truck turnaround within the Monte Cresta Drive right-of-way. A portion of the subject lot frontage will be dedicated right-of-way to accommodate the construction of the turnaround.
The project would extend the length of the existing cul-de-sac by 50 feet to approximately 870 ft. with a turnaround radius of 29.5 feet at the end. Although the project would not meet the general specifications for a cul-de-sac, the City Engineer in consultation with the fire chief evaluated the following factors in Section 7-13(4)(i):
1. Availability of a through connection via an emergency road.
2. Number of lots/houses/occupants to be served by the cul-de-sac.
3. Type of construction of buildings (e.g., fire-retardant roofs and siding, interior sprinklers).
4. Water pressure and availability of a secondary water main.
5. Proximity to fire station and hydrant.
6. Street width.
The SMCFD and Public Works Department (PWD) has reviewed the proposed turnaround design and determined that the length and turnaround design is appropriate with the stipulation that the turnaround includes “No Parking” and “red curb” to provide for adequate emergency access (see SMCFD and PWD Recommendation Letters - Attachment M). Thus, the project will meet the hillside road width standards related to the cross slopes with the granted exception to eliminate parking lanes.
Maintenance
The road extension is considered a public right-of-way and would not be a private drive. The adjoining property owners with road frontage will have reciprocal obligation to maintain the improved road under Civil Code section 845 until such time as the city council formally accepts the road into the city street system consistent with Streets and Highways Code section 1806.
Floor Area Transfer
The Area Plan adopted policies for vacant subdivided areas in the San Juan Hills Area Plan. In particular, Land Use and Site Development Policy 9 established regulations allowing the voluntarily transfer of development potential from one parcel to another within the HRO-2 (Hillside Residential Open Space Subdivided) Zoning District. In addition, the policy established regulations preserving open space on sending sites. These regulations provide incentives to landowners who voluntarily transfer development 3 Belmont City Code Definition Sec. 7-13 (e)(3)(b) Cul-de-sac is a street open at only one end with a turnaround at the other. 4 Belmont City Code Definition Sec. 7-13 (e)(3)(k) Turnaround is a space in a public right-of-way or a private road large enough to permit the turning around of a large vehicle, particularly a firetruck. It may take various configurations, including, for example, a circle, bulb, or hammerhead.
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Hillside Road Improvement Plan and Single-Family Design Review - Staff Report 1 potential from one parcel to another. These incentives may include reduced minimum lot sizes, increases in the sizes of houses, or density bonuses.
The proposed project includes a Floor Area Transfer as described in the San Juan Hills Area Plan. Floor Area Transfers are permitted to allow development to occur on “receiving sites” while preserving open space on “sending sites”. Pursuant to Belmont Zoning Ordnance Section 4.7.11(d), non-contiguous parcels within the HRO-2 Zoning District are permitted a permanent transfer of floor area (1,200 sq. ft.) from one parcel to another. A conservation easement is required to be recorded over the entire sending property. As a part of this project, the applicant proposes to transfer floor area from two non-contiguous parcels along the unimproved portion of Monte Cresta Drive (APN 043-242-210 Lot 19 & APN 043-165-090 Lot 43).
The parcels are located approximately 470 feet northwest (Lot 43) and approximately 590 feet north (Lot 19) of the existing terminus of Monte Cresta Drive.
Development Potential
BZO Section 4.7.11.(c) Substandard Lots states, “Vacant lots which are nonconforming to the required lot size shall be allowed a floor area which is the larger of 1,200 sq. ft. or the floor area ratio applicable to the lot's slope category, except when the average lot slope exceeds 30%, then the allowed floor area shall be the larger of the minimum floor area or the floor area ratio applicable to the lot’s slope category as shown on Table 2 – HRO-2 Floor Area Ratio Standards.” Based on the ordinance section above, and the HRO-2 Floor Area Ratio Standards Table, the subject building site at 49% slope is allowed 900 sq. ft. of floor area. As mentioned earlier, the applicant proposes to transfer floor area from two non-contiguous parcels along the unimproved portion of Monte Cresta Drive allowing the permanent transfer of 2,400 square feet of floor area to the building site. Thus, the site would be allowed a maximum of 3,300 sq. ft. of floor area.
Single Family Dwelling
The project applicant proposes to construct a 3,299 sq. ft. multi-level residence with an attached garage with a driveway extending from the terminus of Monte Cresta Drive. The residence would also contain an ADA-compliant elevator, connecting the upper and main levels of the building. (See Dwelling Floor Area Summary Table below).
Floor Area Summary Table
Proposed Floors Type of Rooms
Upper Floor (Street Level) – 822 Sq. Ft. Entry / living area, stairs, elevator, and two-car garage.
Main Level – 1,445 Sq. Ft. Great room, kitchen, pantry, two bedrooms, two and a half bathrooms, stairs, and elevator.
Basement – 1,032 Sq. Ft. Three bedrooms, two bathrooms, laundry area, stairs, and elevator.
Total = Sq. Ft. 3,299
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Hillside Road Improvement Plan and Single-Family Design Review - Staff Report 1 The upper level of the proposed residence would be constructed roughly at grade with Monte Cresta Drive.
The main level of the residence would extend downslope from the upper level of the dwelling. The building façade would have a combination of vertical wood siding, stucco finish, metallic cladding, stone cladding, and two-sided metallic cladding and horizontal wood siding. The façade of the building would be articulated with recessed windows, parapets, exposed hollow structural section columns, and wall extensions. Glass guardrails would enclose the driveway and walkway and surround the upper, mid, and lower decks that would be located along the south-facing façade of the building.
Project Data Table
Criteria Existing Proposed Required or Max.
Allowed
Lot Size 9,729 sq. ft. 9,147 sq. ft.* No Change
Slope 49% No Change No Change
FAR NA 0.360 0.360
Square Footage NA 3,299 sq. ft. 3,300 sq. ft. max. per
BZO 4.7.11(c) & (d)
Parking NA
Two-car garage
(20’ x 20’)
Two uncovered
Two-car garage
Two uncovered
*Adjusted lot size (lot area minus the dedicated right-of-way).
Residential Design Criteria
The applicant has incorporated the standard of Daylight Plane to mitigate perceived building bulk at the rear elevation. The project plans effectively demonstrate that the rear elevation would fall beneath the required plane. The applicant also incorporated the standard of Prescribed Articulation to moderate building massing at the front, rear and side elevations. The building elevations will feature offset walls, decks, recessed windows, and complementary exterior building materials that would distribute the architectural volume of the residence. The plans sufficiently demonstrate that the building elevations would be articulated beyond the minimum required amount. As such, the project is in compliance with the City’s Residential Design Criteria standards.
Residential Design Guidelines
The applicant has made significant efforts to ensure the proposed dwelling would be substantially compliant with the Residential Design Guidelines. The project would maintain a consistent architectural theme and avoid mixing features of different styles, as dictated by Guideline A-1. In accordance with Guideline B-1, the project avoids flat two-story building walls and includes varying rooflines.
Furthermore, the proposed design effectively minimizes the requisite grading by conforming to the natural slope of the property, thus maintaining consistency with Guideline B-3. As such, the proposal is substantially compliant with the Residential Design Guidelines. 101
Hillside Road Improvement Plan and Single-Family Design Review - Staff Report 1 Landscaping & Site Improvements
Site landscaping improvements would include a paved driveway and walkway off Monte Cresta Drive, an uncovered deck off the south end of the new residence, retaining walls, and various plantings. The new driveway and walkway would consist of a concrete deck on structural steel with recessed artificial turf decorative inserts. New plantings would consist of 21 trees, all California native tree species, and a mix of California native and non-native shrubs and groundcover. All new plantings would be low water use vegetation. The landscape plantings would be established consistent with Cal Fire Defensible Space requirements for the HFHSZ.
The project proposes to construct a retaining wall off site and in the public road right-of-way along the curve of the cul-de-sac that would serve as the terminus of the proposed road extension. This retaining wall would extend on site to span underneath and support the proposed on-site driveway bridge. Additional retaining walls would be constructed along both sides of the proposed residence to stabilize and support the disturbed slope. Retaining walls have been designed according to the specifications set forth in geotechnical investigations and reports prepared for the proposed project.
Utilities/Water Supply/Sanitary Sewer
The project site currently does not contain any utilities infrastructure. The project proposal includes the installation of new water, sanitary sewer, electricity, and storm drain utilities.
The proposed residence would receive water from the Mid-Peninsula Water District. The project would install a water supply lateral that would connect to an existing water main in Monte Cresta Drive. The project would also relocate an existing fire hydrant on Monte Cresta Drive as part of the proposed road extension.
The proposed residence would receive sanitary sewer collection service from the City of Belmont.
Wastewater collected from the residence would be conveyed via the City of Belmont’s sanitary sewer system and treated at the Silicon Valley Clean Water wastewater treatment plant in Redwood City. The project would install a 6-inch sewer lateral and sewer manhole that would connect to an existing sewer main in Monte Cresta Drive.
Electricity
The proposed residence would receive electricity services from Pacific Gas & Electric Company (PG&E).
The project would install a new electrical line that would connect to an existing PG&E vault and power infrastructure on Monte Cresta Drive.
Stormwater Drainage
The project would install stormwater capture and treatment features onsite, including storm drain lines, a trench drain, and a separate sub-drain system consisting of retaining wall subdrains, a sump pit and pump, and a force main that would connect to a curb-thru drain on Monte Cresta Drive. Stormwater collected onsite would be collected via the storm drain downspouts and lines, directed to the sump pit, and conveyed via the force main into the City’s stormwater collection system on Monte Cresta Drive. Stormwater runoff from the road extension will be conveyed to the existing gutter along the northeast section of Monte Cresta Drive and divert the stormwater to the nearest existing catch basins located at Barclay & Monte Cresta Drive.
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Hillside Road Improvement Plan and Single-Family Design Review - Staff Report 1 Certificate of Compliance
In 2020 the applicant applied for a Certificate of Compliance (“COC”) for the subject property and a parcel which would potentially be a candidate for the floor area transfer. In 2021 the applicant also applied for a COC for another parcel which would also potentially be a candidate for the floor area transfer. After reviewing the applications, the Community Development Director, in consultation with the City Attorney, determined that a Conditional Certificate of Compliance (“CCOC”) was warranted. A CCOC is issued when it has been determined that a property does not comply with the State of California’s Subdivision Map Act (“SMA”) and includes a list of conditions that must be satisfied in order to bring the property into compliance with the SMA. The CCOC’s were issued and subsequently recorded with the County of San Mateo later in 2021 and 2022. The attached Notice of Final Determination provides background information and context related to the issuance of the CCOC (see Attachment L).
Conditional Use Permit (CUP)
Belmont Zoning Code (BZO) Section 4.7.9 sets forth general residential density and minimum lot size requirements which are based on the average lot slope. A condition identified in the CCOC was that the subject property must comply with all relevant Subdivision Ordinance and Zoning Ordinance standards for lot size, dimensions, and standards at the time the property owner acquired the property (October 21, 2015).
As described in the HRO Zoning Ordinance Density & Lot Size Standards Table below, the property does not satisfy the requisite minimum lot area. If a lot zoned HRO-2 does not conform to minimum lot size standards, the owner may apply for an exception under City's Subdivision Ordinance or apply for a conditional use permit for a smaller lot size as part of a floor area transfer under BZO section 4.7.11 and San Juan Hills Area Plan Land Use Policy 9.c5
. (See also “Floor Area” discussion on page 7). As part of their effort to bring the property into compliance with subdivision requirements, the applicant has applied for a Conditional Use Permit requesting a smaller lot size pursuant to BZO Section 4.7.96 .
HRO Zoning Ordinance Density & Lot Size Standards Table Development Criteria Minimum Required Proposed
Lot Size (sq. ft.) 403,333 sq. ft.* 9,137 sq. ft**
Avg. Lot Width 60 ft. Approx. 77 ft.**
Frontage 40 ft. Approx. 64 ft.**
*Based on the BZO Sec. 4.7.9 Table 1 (HRO Density and Minimum Lot Size Standards), the subject site at 49% slope is required a minimum lot size of 403,333 sq. ft. ** Adjusted lot size and lot dimension after right-of-way dedication. 5 SJHAP Policy 9.c, states, “Regulations shall be developed to provide incentive to landowners who purchase the development potential. These incentives may include reduced minimum lot sizes, increases in the sizes of houses, or density bonuses.” 6 BZO Sec. 4.7.9 General Residential Density and Lot Size Standards, in part states, “The maximum allowed residential dwelling unit densities and minimum lot sizes in the HRO districts shall be computed in accordance with the applicable provisions of the Slope Density Table in this Section unless a conditional use permit authorizing a smaller lot size is approved pursuant to provisions in the respective HRO Zone.”
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Hillside Road Improvement Plan and Single-Family Design Review - Staff Report 1 Grading Permit
Estimated earthwork quantities for the project include 150 cubic yards (CY) of cut and 650 CY of fill (500 CY fill-import). Development projects that exceed 500 cubic yards of grading require a Grading Plan or Permit approval by the approval authority. Key considerations for the Grading Plan identified in the required findings for approval (City Code Section 9-27 (a)–(h)) include review of the grading for site stability, and erosion control/flooding/water quality impacts. The grading must also be necessary for “reasonable” use of the site, which has generally been interpreted to include uses that conform to the project site’s zoning district and are constructed in accordance with established development criteria. The visual compatibility impacts of grading are assessed as well. This review entails an evaluation of the potential condition of the property as a result of the proposed grading (including tree preservation). For example, depositing large quantities of fill and clearcutting trees on a project site solely to gain a view over surrounding properties, may be considered visually incompatible grading (it also may be considered unnecessary).
Conformance with the technical aspects of grading (site stability, erosion control, dust control, and the methods of cut, fill, compaction, etc.) are reviewed by engineers in the Public Works Department and consultants working for the City. The grading plan has been reviewed by the Public Works Department and found not to be excessive, as there is no grading unnecessary for the project (i.e., construction of building foundation, road improvements, retaining walls and installation of landscaping, frontage improvements, and storm water control measures).
The project grading would be visually compatible with the surrounding area, as it entails the construction of a single-family residential building on a down sloping lot, surrounded by similar development. A final grading plan will be reviewed and approved by the Public Works Department, prior to building permit issuance. The City’s consulting geotechnical engineer has provided several recommendations that have been included in the conditions of approval.
Unless an exception is granted, grading is limited to the drier season (April 15- November 14), which also serves to prevent erosion; however, the Department of Public Works will require the applicant to adhere to specific best management practices (BMPs) to avoid air and water quality impacts. In addition, City standard conditions would require the applicant to address potential noise, vibration, cultural, and hazardous materials impacts, prior to and during grading operations.
To prevent traffic impacts, the applicant will be required to submit a construction management plan for review and approval by the Department of Public Works. A primary consideration of this plan would be to ensure that project construction does not adversely impact traffic operations within the surrounding neighborhoods.
The City's Building Division and Public Works Department have reviewed the grading plans for the project and have determined that the plan is in conformity with the Building Code and the City of Belmont Grading Ordinance (Chapter 9 of the City Code).
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Hillside Road Improvement Plan and Single-Family Design Review - Staff Report 1 Tree Removal Permit
The project proposes the removal of one of the four onsite trees. The tree to be removed is a Coast live oak in fair condition that is recommended for removal. The project applicant submitted an arborist report (Kielty Arborist Services LLC, 1/24/16, and updated on 7/24/18) evaluating the potential impacts of project construction on trees (see Attachment K). The arborist report and the plans submitted as part of the project indicate that the tree proposed for removal is directly impacted by the project construction.
The applicant proposes to plant two preferred species Coast live oak (Quercus agrifolia) trees as part of the project in conformance with Section 25-10 (a) of the City Code. In determining whether to approve a Tree Removal Permit, decision makers must balance established criteria supporting removal of protected trees against criteria supporting retention. These criteria are provided in the attached resolution (Attachment A).
Criteria Supporting Removals & Retention
The project includes the removal of one protected tree. The arborist report and plans submitted as part of the project indicate that the tree proposed for removal is directly impacted by project construction (criteria for removal). Based upon review of the arborist report, and the site and grading plans, staff recommends that the proposed tree removal is necessary for the construction of the project.
Environmental Clearance (CEQA)
Applicability of CEQA Categorical Exemption
Based on the site plans, information provided by the project applicant, and documentation of potential environmental impacts resulting from the proposed project, the project is eligible for a categorical exemption under CEQA Guidelines Section 15303 (a), (d) and (e), New Construction or Conversion of Small Structures, and Section 15332, In-Fill Development Projects (see Attachment O - Categorical Exemption Evaluation).
Class 3 Exemption – New Construction or Conversion of Small Structures Projects falling under the 15303 exemption are considered Class 3 projects. Class 3 projects consist of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. The numbers of structures described in Section 15303 are the maximum allowable on any legal parcel.
Of the example project types included under Section 15303, the project would qualify for types (a) and (d):
(a) One single-family residence, or a second dwelling unit in a residential zone. In urbanized areas, up to three single-family residences may be constructed or converted under this exemption. (d) Water main, sewage, electrical, gas, and other utility extensions, including street improvements, of reasonable length to serve such construction. (e) Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences.”
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Hillside Road Improvement Plan and Single-Family Design Review - Staff Report 1 Class 3 Projects do not have specific conditions as part of their approval. The project proposal includes the construction of a single-family home, a road extension to serve said single-family home and provide adequate emergency services access to the site, and the installation of associated landscaping features, including retaining walls, and utilities extensions. The proposed project would qualify for a Class 3 exemption under items (a) and (d), as it would involve the construction of one single-family residence; associated water main, sewage, electrical, gas, and storm drain utility extensions; and street improvements (i.e., a road extension) designed to serve the residence and comply with the City’s municipal code requirements.
Class 32 Exemption – In-Fill Development Projects
Projects falling under the 15332 exemption are considered Class 32 projects. Class 32 projects are characterized as in-fill development meeting the conditions listed below:
(a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. (b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses.
(c) The project site has no value as habitat for endangered, rare, or threatened species. (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.
(e) The site can be adequately served by all required utilities and public services. The project would not qualify for a Class 32 exemption if it does not meet all the conditions listed above. The project’s consistency with the Class 32 exemption requirements listed above have been assessed as described below and the project has been found eligible for a Class 32 exemption.
The project qualifies as Categorically Exempt under the California Environmental Quality Act (CEQA), Section 15332 (“In-Fill Development Projects”) because it is characterized as an in-fill development which is consistent with the applicable General Plan and zoning designation; is on a project site that is less than five acres; contains no value as habitat for endangered, rare, or threatened species; would not result in any significant effects relating to traffic, noise, air quality, or water quality; and the site can adequately be served by all required utilities and public services.
Based on the information provided in the Categorical Exemption Evaluation, the proposed project qualifies for a categorical exemption under CEQA Section 15332, In-Fill Development Projects.
Cumulative Impacts
The proposed project would construct a new single-family home on a vacant parcel located in an existing neighborhood in a built-out area in the City of Belmont. Although there may be additional private development projects underway in the project vicinity and additional in-fill development may be proposed in the project vicinity in the future, remaining undeveloped land in the project vicinity and City of Belmont is limited and development of remaining undeveloped lands may be infeasible due to zoning or general plan land use designation and other constraints. Further, similar projects that may be proposed in the future would be subject to City conditions of approval and mitigation measures, if needed, to reduce potentially significant impacts. Therefore, the project would not have a significant cumulative impact. 106
Hillside Road Improvement Plan and Single-Family Design Review - Staff Report 1 1988 San Juan Hills Area Plan (SJHAP) Environmental Impact Report (EIR) The SJHAP EIR, adopted by the Belmont City Council on March 22, 1988, considered all potential environmental impacts under an assumed maximum buildout of 372 residences, 267 of which were anticipated to occur on vacant lots that were not served by an improved road. These lots were later designated under one of the Hillside Residential Open Space (“HRO”) zoning districts in the San Juan Hills Area, HRO-1 and HRO-2. However, development in the San Juan Hills Area has not occurred to that extent for the HRO lots, and that level of development is now highly unlikely to occur due to a variety of factors and subsequent actions by the City, including limitations on density transfers, an adopted lot merger program, geologic hazard regulations, slope density/intensity ordinances, more restrictive development standards, an Initiative prohibiting increases in density without voter approval, and the rezoning of many properties to O/S (Open Space). Therefore, there would not be cumulative impacts for the project in excess of those studied in the SJHAP EIR.
Neighborhood Outreach & Public Notice
December 2015 - The applicant performed neighborhood outreach as detailed in the Neighborhood Outreach Strategy attached to this report (Attachment E). The applicant reported mailing notices to all property owners within 300 feet of the site, informing residents of the project. The applicant reported holding an open house. During this time, several neighbors illustrated several project concerns relating to the size of the proposed dwelling, private views, and construction related activities.
December 2016 - The City posted and sent Public Notice for the Planning Commission appeal hearing to all property owners within 300 feet of the site.
January 2017 - The City posted and sent Public Notice for the City Council appeal hearing to all property owners within 300 feet of the site.
November 2017 - As required, the applicant sent notices to property owners abutting the unimproved portion of Monte Cresta Drive requesting their input on the proposed project. The applicant also reported holding a meeting on site. Three property owners attended the meeting. During this time, one property owner raised concerns related to geologic hazards. The applicant reported that no other comments were received.
January 2020 - The City posted and sent Public Notice for the Planning Commission hearing to deny the Single-Family Design Review request to all property owners within 300 feet of the site.
November 2023 - The City posted and sent Public Notice for the Planning Commission hearing to all property owners within 300 feet of the site, abutting the proposed road segment, and other interested parties.
February 2024 - The City posted and sent Public Notice for the City Council hearing to all property owners within 300 feet of the site, abutting the proposed road segment, and other interested parties. 107
Hillside Road Improvement Plan and Single-Family Design Review - Staff Report 1 Alternatives
1. Direct staff to prepare resolutions based on findings provided by the City Council to deny the entitlement applications.
2. Continue the matter and direct staff to prepare an alternative course of action.
3. Refer back to staff for additional information.
Attachments
A. Resolution Approving Project Entitlements
B. Conditions of Project Approval – Exhibit A
C. 300-500 Foot Radius Map
D. Summary and Response to Public Comments
E. Neighborhood Outreach
F. Seismic Hazards Map Act Response Letter (January 4, 2024) & Geotechnical Peer Review Letter January 26, 2024)
G. Planning Commission Resolution (No.2023-0025) – November 21, 2023, Agenda 6.A Public Hearings
H. Cross Slope Analysis & Exception Request (August 25, 2017) I. Geotechnical Studies, Responses & Peer Reviews (2008 - 2023) J. Biological Assessment (October 14, 2017, and updated June 3, 2022) K. Arborist Report (July 24, 2018)
L. Certificate of Compliance Final Determination
M. San Mateo Consolidated Fire Department and Public Works Department Recommendation and Exception Letters
N. Financial Analysis
O. Categorical Exemption (CE) Evaluation – Exhibit B
P. 1988 San Juan Hills Area Plan EIR
Q. Storm Drain Technical Memo
R. Project Plans
Fiscal Impact
☒ No Fiscal Impact
Source: Purpose: Public Outreach:
Staff Discretionary Action Posting of Agenda
*The City posted and sent Public Notice for both the Planning Commission and City Council hearings to all property owners within 300 feet of the site, abutting the proposed road segment, and other interested parties. 108
RESOLUTION NO. 2024 –
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELMONT
APPROVING A HILLSIDE ROAD IMPROVEMENT PLAN, SINGLE-FAMILY
DESIGN REVIEW, FLOOR AREA TRANSFER, CONDITIONAL USE PERMIT,
GRADING PERMIT, TREE REMOVAL PERMIT, AND EXCEPTION TO PARKING LANES UNDER BELMONT CITY CODE (BCC) SECTION 7-13(E)(7)(A-C) AND AN EXCEPTION TO STANDARDS FOR CUL-DE-SACS UNDER BCC SECTION 7-13(4)(I) TO ALLOW FOR THE CONSTRUCTION OF A ROAD SEGMENT AND SINGLEFAMILY HOME LOCATED AT THE WESTERN TERMINUS OF MONTE CRESTA DRIVE (APN: 043-165-180) (APPL. NO. 2015-0057)
WHEREAS, Jeff Kraft & Angela Schmiede, applicant and property owners, requests approval of entitlements to construct a 3,299 square-foot single-family residence for the vacant site (APN: 043-165-180), and a road segment (Hillside Road Improvement Plan) at the western terminus of Monte Cresta Drive; and,
WHEREAS, on November 21, 2023, the Planning Commission, following notification in the prescribed manner, conducted a public hearing, at which hearing the Commission considered public testimony and at which hearing the Commission considered the Project, received public testimony and evidence, and adopted a resolution recommending the City Council approve the project entitlements and exceptions; and, WHEREAS, the November 21, 2023 Planning Commission action also included a recommendation that the Geotechnical Engineer of Record (GEOR) provide an updated letter to the project Geotechnical Investigation report addressing the 2018 Seismic Hazards Map Act (SHMA) requirements, and the City Council receive a peer review letter confirming the SHMA requirements have been satisfactorily addressed by the GEOR and that seismic slope stability issues would not preclude development of the project; and, WHEREAS, The geotechnical information addressing the 2018 SHMA was submitted for the project on January 4, 2024 and was peer reviewed by the City’s geotechnical consultant in a letter dated January 26, 2024; and,
WHEREAS, the City Council finds that the project is consistent with the purposes and policies of the General Plan and San Juan Hills Area Plan, in that:
1. All the goals and objectives outlined by the Plan have been met. These include geologic stability with supporting geotechnical analysis; minimizing public liability and private injury; and preserving natural resources and public views.
WHEREAS, the City Council further finds that the proposed project provides for safe vehicular and pedestrian movement, in that:
1. The project conforms with all accepted City engineering standards for road design to ensure safety.
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WHEREAS, the City Council further finds the road has been designed to minimize grading and vegetation removal to the extent feasible in that:
1. The road has been placed in the most level area of the site and will have minimal impact on the ground areas.
WHEREAS, the City Council further finds that drainage, erosion control and slope stability have been fully addressed in the design of the road improvements in that:
1. Conditions contained in the project approval will ensure that all acceptable standards for drainage, erosion control and slope stability have been incorporated in the project design.
WHEREAS, the City Council further finds that the applicants have demonstrated that adequate financing is available to construct and maintain the road as proposed:
1. The property owner/applicant will post a bond to ensure completion of the proposed road, and the adjoining property owners with road frontage will have reciprocal obligation to maintain the improved road under California Civil Code Section §845 until such time as the city council formally accepts the road into the city street system consistent with California Streets and Highways Code Section §1806.
WHEREAS, the City Council further finds that access to abutting properties has been adequately considered in the design of the road improvements, in that:
1. The access rights of abutting property owners to their properties will be maintained.
NOW, THEREFORE, the City Council of the City of Belmont resolves as follows:
SECTION 1. Findings
Environmental Review
The proposed new single-family home is categorically exempt from the provisions of the California Environmental Quality Act by provision of Section 15303, Class 3(a):
“Class 3 consists of construction and location of limited numbers of new, small facilities or structures…Examples of this exemption include but are not limited to:
(a) One single-family residence, or a second dwelling unit in a residential zone. In urbanized areas, up to three single-family residences may be constructed or converted under this exemption.
(d) Water main, sewage, electrical, gas, and other utility extensions, including street improvements, of reasonable length to serve such construction. (e) Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences.”
The project proposal includes the construction of a single-family home, a road extension to serve said single-family home and provide adequate emergency services access to the site, and the 110
installation of associated landscaping features, including retaining walls, and utilities extensions.
The proposed project would qualify for a Class 3 exemption under items (a) and (d), as it would involve the construction of one single-family residence; associated water main, sewage, electrical, gas, and storm drain utility extensions; and street improvements (i.e., a road extension) designed to serve the residence and comply with the City’s municipal code requirements.
Class 32 Exemption – In-Fill Development Projects
Projects falling under the 15332 exemption are considered Class 32 projects. Class 32 projects are characterized as in-fill development meeting the conditions listed below:
(a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. (b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses.
(c) The project site has no value as habitat for endangered, rare, or threatened species. (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.
The project qualifies as Categorically Exempt under the California Environmental Quality Act (CEQA), Section 15332 (“In-Fill Development Projects”) because it is characterized as an in-fill development which is consistent with the applicable General Plan and zoning designation; is on a project site that is less than five acres; contains no value as habitat for endangered, rare, or threatened species; would not result in any significant effects relating to traffic, noise, air quality, or water quality; and the site can adequately be served by all required utilities and public services.
Based on the information provided in the Categorical Exemption Evaluation in Exhibit “B”, the proposed project qualifies for a categorical exemption under CEQA Sections 15303 (a) and (d), New Construction or Conversion of Small Structures, and Section 15332, In-Fill Development Projects.
SECTION 2. Findings
Hillside Road Improvement Plan
To adopt a hillside road improvement plan, the City Council must make each of the following findings as per Belmont City Code Section 7-13.e.10 (a-h):
(a) The road improvement plan is consistent with the purposes and policies of the San Juan Hills Area Plan.
The goals of the San Juan Hills Area Plan (SJHAP) are implemented by the policies of the SJHAP. The SJHAP establishes policies for unimproved roadways in subdivided areas. The following is an analysis of the project’s conformance with specific Area Plan Road policies. 111
San Juan Hills Area Plan Applicable Policies
Infrastructure – Policy 9: Minimize Road Improvements to Protect Natural Resources. This policy encourages avoidance of steep slopes, stands of substantial trees and creeks/riparian corridors in order to minimize road improvements to protect natural resources. The proposed roadway is sized and located to minimize its effects on steep slopes, avoids trees and does not cross any creeks or riparian corridors. No protected trees are anticipated to be removed with development of the proposed road extension.
Infrastructure – Policy 10: Require Overall Road Improvement, Plans and Financing Prior to Granting any Building Permits on Unimproved Roads. This policy requires property owners to resolve design and financing of road improvements along the entire unimproved road on which their property is located prior to receiving a building permit for a new structure or of enlargement of an existing structure. There are two possible methods of accomplishing this objective: A) submitting a plan for improving the entire roadway with an acceptable design, geotechnical, and financing information for approval by the City; or B) submitting a plan for improving a section of a roadway between an existing paved road and an area where existing physical constraints (such as extremely steep slopes or moving deep landslides) make further road extensions infeasible or undesirable.
If option B is chosen, the applicant must submit 1) A roadway design plan; 2) Evidence that the road will be geologically safe, 3) A method and timetable for financing, 4) A method and financing for maintenance if the road is to be maintained as a private road, and 5) A plan to access properties located along the rest of the unimproved road. There is a sixth provision in the policy that has been deemed unenforceable by the City; a requirement that the applicant provide the City with evidence of support by the affected landowners. This submittal requirement was not intended to give unconstitutional delegation of authority of a property owner to make a government decision whether the project can be approved based on their yes or no decision. The intent of the requirement was to ensure that access to abutting properties along the unimproved road section has been adequately considered in the design of the road improvements, and that any comments received from property owners abutting the unimproved portion of the roadway would be included in the application submittal.
The applicant has proposed option B as noted above. According to the applicant’s geotechnical engineer, with confirmation by the City’s consulting geotechnical engineer through peer reviews, the proposed roadway extension is geotechnically feasible with utilization of appropriate geotechnical design criteria. The applicant, with private financing, would fund all upfront costs associated with construction. The applicant has provided the proposed plans and financing mechanisms for the road segment. The applicant intends to self-finance the design, permitting, inspection and construction. The road extension is considered a public right-of-way and would not be a private drive. The adjoining property owners with road frontage will have reciprocal obligation to maintain the improved road until such time as the city council formally accepts the road into the city street system. A conceptual plan to access properties along the remainder of unimproved Monte Cresta was submitted with the project application. Such access, however, may not be feasible or undesirable due to geological constraints. 112
Infrastructure – Policy 16: Hillside Road Standards. This policy establishes four policy standards relating to hillside road standards. The standards include: a) to establish special hillside road improvement standards, including but not limited to right-of-way width, on-street parking, sidewalks, paving requirements and maximum street grade; b) to minimize the right-of-way and the paved area of the road in order to lessen the amount of grading and vegetation removal, while maintaining adequate width for emergency vehicles and required parking; c) to provide some on-street parking, and d) to consider the use of paths and narrower sidewalks as an alternative to standard sidewalks in steep areas.
One of the methods used to implement Policy 16 of the San Juan Hills Area Plan was the establishment of Hillside Road Standards as incorporated in the Belmont City Code Section 7-
13. Under those standards, in order for the City Council to adopt a plan for improvement of an unimproved road segment, a plan must include all items specified in Section 7-13(9)(a)(1-11) as well as a report signed by a licensed geotechnical engineer concluding that the physical constraints are such that a stable road cannot be reasonably constructed through to a paved road, including a description of the constraints and an evaluation of the costs and impacts of overcoming the constraints. The applicant has provided these statements consistent with the aforementioned requirement through studies and letters that were prepared by a licensed geotechnical engineer.
The project’s consistency with applicable San Juan Hills Area Plan policies is further demonstrated in the Categorical Exemption Evaluation in “Exhibit “B”. This finding is affirmed. (b) The proposed project provides for safe vehicular and pedestrian movement.
The proposed road design would provide adequate vehicular turnaround space, and pedestrian movement, providing a new sidewalk along the southern side of the turnaround. The San Mateo Consolidated Fire Department has reviewed the project plans and has expressed no concerns regarding emergency access to the site. This finding is affirmed. (c) The road has been designed to minimize grading and vegetation removal to the extent feasible.
Grading and vegetation removal will occur only to the extent needed to develop the road extension and infrastructure improvements. Based on the City Arborist’s report, no protected trees are anticipated to be removed as part of the road construction. This finding is affirmed. (d) Drainage, erosion control and slope stability have been fully addressed in the design of the road improvements.
The applicant has submitted a C-3 Checklist, drainage study, and landscaping, grading, and drainage plans. The submitted materials identify appropriate methods to treat drainage from the roadway. The project has been reviewed and found acceptable by the City’s Department of Public Works at this stage of the Development Review process. Detailed working drawings with storm water measures will be required to be submitted for review and approval as part of the 113
building permit application process. The Department of Public Works has also reviewed the proposed storm drain impact study and drainage plans and has provided conditions of approval.
Section 7-12 of the Belmont City Code requires a determination of geotechnical hazards and preparation of geotechnical reports for proposed development activities in the San Juan Hills area prior to issuance of a building or grading permit. The area involved in the proposed hillside road improvement plan has been evaluated through geotechnical investigations conducted by licensed geotechnical engineers and peer reviewed by the City’s consulting geotechnical engineer. According to the applicant’s geotechnical engineer, with confirmation by the City’s consulting geotechnical through peer review, the proposed roadway extension is geotechnically feasible with utilization of appropriate geotechnical design criteria. The project design and construction would be required to comply with all geotechnical recommendations contained within the project geotechnical reports and must comply with the City’s building standards for development in areas that may be subject to geological hazards to receive a building permit(s).
The proposed extension of Monte Cresta Drive would not extend into the adjacent areas of moderate to critical geologic hazard (identified as Pdf and Md). This finding is affirmed. (e) The applicant has demonstrated that adequate financing is available to construct and maintain the road as proposed.
The applicant has provided the proposed plans and financing mechanisms for the road improvement. The applicant intends to self-finance the design, permitting, inspection and construction of the roadway and enter into reimbursement agreements with the other property gaining access to their property from the road segment. Such access, however, may not be feasible due to geological constraints. At this time, copies of the reimbursement agreement have not been submitted for review and adequacy cannot be determined. Reimbursement agreements are not required as the submittal requirements for a Road Improvement Plan or the financing plan. The applicant, with private financing, would fund all upfront costs associated with construction. The property owner/applicant will be required to post a bond to ensure completion of the proposed road. The adjoining property owners with road frontage will have reciprocal obligation to maintain the improved road until such time as the city council formally accepts the road into the city street system. Maintenance will include but not be limited to retaining walls, sidewalk, curb & gutter, pavement, signs, striping and drainage improvements. This finding is affirmed.
(f) Access to abutting properties has been adequately considered in the design of the road improvements.
The project plans include provision of driveway access to the subject undeveloped lot abutting the road extension. The road extension could potentially provide access to the adjacent vacant lot to the west of the new road terminus. However, this lot is not proposed for development. In addition, this lot may not be feasible for development because of the mapped potential debris flow (PDf) and landslide movement (Pd) on the lot. This finding is affirmed. 114
(g) If the project is for a cul-de-sac, the length and turnaround design are appropriate and consistent with emergency access requirements.
The San Mateo Consolidated Fire Department (SMCFD) and the Public Works Department has reviewed the proposed plans and determined that the length and turnaround design is appropriate with the stipulation that the turnaround includes “No Parking” and “red curb” to provide for adequate emergency access. SMCFD has expressed no concerns regarding emergency access to the site. This finding is affirmed. (h) If the plan is for an unimproved road segment, the City Council must have made all of the above findings in the affirmative, plus:
1. A stable, safe, through road cannot be reasonably constructed because of physical constraints; and,
2. Recommendations for access to properties abutting the part of the road which would not be improved under the plan are reasonable and consistent with the purposes and policies of the San Juan Hills Area Plan.
According to the project geotechnical engineer, with confirmation by the City’s consulting geotechnical engineer through peer review, a stable, safe, through road cannot be reasonably constructed because of very significant landslide constraints. In addition, a through road would extend through geologically hazardous soils (Md and Pdf) as noted on the City’s Ground Movement Potential Map, across active landslide zones and other potentially unstable areas that would hinder safe, stable through road access.
A conceptual plan to access properties along the remainder of unimproved Monte Cresta was submitted with the project application. The plan provides recommendations for access to properties abutting the part of the road which would not be improved under the plan along the route. Such access, however, may be infeasible or undesirable due to geotechnical issues and environmental conditions inconsistent with the purposes and policies of the San Juan Hills Area Plan (e.g., excessive grading, vegetation, and tree removal). These findings are affirmed.
Residential Design Review
The required Single-Family Design Review Findings, Section 13A.5 (A-F), are made in the affirmative as follows:
(a) The buildings and structures shown on the site plan will be:
1) Designed to be compatible with any existing development on the site; 2) Located and designed to minimize disruptions of existing public views, and to protect the profile of prominent ridgelines.
Although the proposed structure would have a roof height of 28 feet, the project does not appear to disrupt any public views as assessed from Monte Cresta Drive and the surrounding streets.
Given the significant downslope on-site, the bulk of the structure would be screened by the 115
natural grade of the property. The proposal does not appear to disrupt the profile of any prominent ridgelines. This finding is affirmed.
(b) The overall site and building plans will achieve an acceptable balance of the following factors:
1) building bulk,
2) grading, including:
A) disturbed surface area, and
B) total cubic yards, cut and fill.
3) The aesthetic impacts of hardscape as viewed from a public vantage point.
Building bulk
The applicant proposes to construct a contemporary multi-story home which includes a two-car garage. The building façade would have a combination of vertical wood siding, stucco finish, metallic cladding, stone cladding, and two-sided metallic cladding and horizontal wood siding.
The exterior façade walls of the house would be stepped back at varying distances to break up the building mass of the dwelling. The project includes window and door detailing to help reduce building mass by breaking up the various building planes. The project will include new tree, shrub and groundcover plantings that will serve to soften the overall mass of the site development. The architectural details appear to moderate the building bulk and are appropriate for this structure and the neighborhood.
Grading/ Hardscape
Estimated earthwork quantities for the project include 150 cubic yards (CY) of cut and 650 CY of fill for the construction of the road segment, undergrounding of utilities and foundation work for the dwelling (500 CY fill-import). Hardscape visible to the surrounding area is located at the driveway/uncovered parking area and walkway/entry. The hardscape features at the front of the site are necessary to gain access and provide parking for the project. New landscaping within the front yard area would generally screen and soften these hardscape features as seen from public vantage points.
All three factors (building bulk, grading and hardscape) appear to be appropriately addressed in the building design and site/groundwork to achieve a complementary balance for the project.
This finding is affirmed.
(c) All proposed accessory and support features, including driveway and parking surfaces, underfloor areas, retaining walls, utility services and other accessory structures will be integrated into the overall project design.
The proposed driveway, entry area and site retaining walls are integrated well into the overall project design. The site landscaping at the driveway will assist to conceal the understory of the driveway structure. The installation of new utilities (i.e., sewer connection, electric, etc.) to serve the dwelling would be governed by standard conditions of approval. This finding is affirmed. 116
(d) The proposed landscape plan will incorporate:
1) Native plants appropriate to the site’s environmental setting and microclimate, and
2) Appropriate landscape screening of proposed accessory and support structures.
The applicant proposes a landscape planting plan for the site that includes a variety of shrub planting (1 & 5-gallon sizes) and tree plantings (36” and 24” box size). The proposed landscape plan includes a variety of plantings in locations that would soften and screen the home and site features as seen from the street. This finding is affirmed. (e) The project will be in substantial compliance with the Residential Design Guidelines and Residential Design Criteria as applicable.
Residential Design Criteria
The applicant has incorporated the standard of Daylight Plane to mitigate perceived building bulk at the rear elevation. The project plans effectively demonstrate that the rear elevation would fall beneath the required plane. The applicant also incorporated the standard of Prescribed Articulation to moderate building massing at the front, rear and side elevations. The building elevations will feature offset walls, decks, recessed windows, and complementary exterior building materials and that would distribute the architectural volume of the residence. The plans sufficiently demonstrate that the building elevations would be articulated beyond the minimum required amount. As such, the project is in compliance with the City’s Residential Design Criteria standards.
Residential Design Guidelines
The applicant has made significant efforts to ensure the proposed dwelling would be substantially compliant with the Residential Design Guidelines. The project would maintain a consistent architectural theme and avoid mixing features of different styles, as dictated by Guideline A-1. In accordance with Guideline B-1, the project avoids flat two-story building walls and includes varying rooflines. Furthermore, the proposed design effectively minimizes the requisite grading by conforming to the natural slope of the property, thus maintaining consistency with Guideline B-3. As such, the proposal is substantially compliant with the Residential Design Guidelines. This finding is affirmed. (f) City staff and consultants have provided technical review and conditions of approval have been adopted, as applicable, regarding project-related grading, drainage, stormwater runoff, vehicular and pedestrian access, site stability, structural encroachments, and construction impacts.
The City’s consulting geotechnical engineer has provided recommendations that have been included in the Conditions of Approval. The Project Site would be graded in compliance with the City’s grading ordinance and standard conditions of approval to assure that project construction and operation do not result in offsite soil or water erosion. Best Management Practices (BMP’s) are a standard condition of approval which requires that soil, gravel and water 117
do not migrate off site and cause erosion. BMP’s require the use of soil and water erosion controls. Staging areas, recycling and disposal procedures and adequacy of erosion control measures will be reviewed by the Building Division as part of the structural plan check. All construction would be completed in compliance with the California Building Code and NPDES standards as administered by the City of Belmont. A condition of approval will require that a final construction management plan be reviewed and approved prior to building permit issuance.
Tree protection measures have also been included as conditions of project approval. This finding is affirmed.
Floor Area Transfer
The required Conditional Use Permit Findings, Section 4.7.11 (d)(3)(a-f), are made in the affirmative as follows:
(a) The proposed transfer of density is consistent with the policies of the San Juan Hills Area Plan and the Geologic Hazards Ordinance.
The transfer is consistent with the goals of the San Juan Hills Area Plan (SJHAP). The goals in the Hillside Residential and Open Space (HROP) Areas include preserving and enhancing the present character of established residential areas. The subject receiving lot is in a residential area.
The transfer of floor area will occur from two vacant “sending” lots to the receiving vacant lot.
Establishment of a restrictive covenant on the sending sites will expand the more rural, open residential character of the neighborhood. In addition, the SJHAP also seeks to reflect natural constraints in land use planning by achieving a land use pattern, density and distribution of development that is consistent with the existing slopes and geologic hazards in the undeveloped parts of the San Juan Area. By establishing a restrictive covenant on the sending parcels, future development on the geologically sensitive sites will be prohibited. This finding is affirmed. (b) Adequate infrastructure exists or its construction is assured, and for sites requiring road improvement plans, such plans have been approved.
The project site currently does not contain any utilities / infrastructure. The applicant has submitted a road improvement plan concurrently with the subject floor area transfer application.
The project proposal includes the installation of new water, sanitary sewer, electricity, and storm drain utilities. This finding is affirmed.
(c) The pattern of development which would result from the transfer of floor area is better than could be achieved through the application of this ordinance without floor area transfer, due to less grading, less street and utility extension, and better building site locations.
The proposal would transfer floor area from two lots that is not served by adequate infrastructure and has documented landslide hazards, ultimately resulting in less development-related disturbance in the area (i.e., grading, roadway and utility extensions, and geologic hazard mitigation efforts). The proposed receiving parcel is more favorable for development given its location to infrastructure access. As such, the proposed transfer would result in a preferable 118
building site location and a better pattern of development by allowing greater intensity where appropriate, and less intensity where it is less desirable. This finding is affirmed. (d) The sending property will be protected from development by the establishment of a conservation easement over its entirety, or be merged with an adjacent lot and a conservation easement established over land equal in area to the sending site, and the ownership and management of such property will be adequately provided for.
The proposal would include the recordation of a conservation easement, effectively preserving the proposed sending parcels as privately maintained open space. This finding is affirmed. (e) The proposed building sites will not be in an area designated Md or Pdf on the current geologic hazards map.
The City’s Ground Movement Potential and Geologic Hazard Policy Map of the San Juan Hills Study Area identifies the receiving parcel as “Ps” and “Pfs”, meaning development and roadway expansions are conditionally permitted. There is no documented portion of the proposed receiving site identified with a “Pdf” or “Md” geologic hazard. This finding is affirmed. (f) All floor area transfer standards will be met.
All requisite standards of the Floor Area Transfer, including the recordation of a conservation easement on the proposed sending parcel, would be required to be met prior to the issuance of any building permit for a project using the additional floor area granted. This finding is affirmed.
Conditional Use Permit (CUP)
The applicant has requested an exception to provisions of the Belmont Zoning Ordinance (BZO) (Section 4.7.9 “a Conditional Use Permit authorizing a smaller lot size”). The required minimum lot area established by the Belmont Zoning Ordinance (Section 4.7.9 and the Slope Density Table – 1 HRO Density and Minimum Lot Size Standards). The exceptions sought would allow the applicant to comply with all relevant Belmont Subdivision Ordinance and Zoning Ordinance standards, thus satisfying one of the conditions outlined in the Conditional Certificate of Compliance (“CCOC”) issued and recorded in 2021. The CUP findings necessary for City Council approval is in Section BZO Section 10.7.3 of the Belmont Zoning Ordinance and are provided as follows:
(1) The location of the proposed use is compatible to other land uses in the general neighborhood area and does not place an undue burden on existing transportation, utilities and service facilities in the vicinity.
The subject property was originally shown on the “Map of Subdivision No. 10, Belmont Country Club Properties, Belmont, San Mateo County, California” recorded in the Office of the Recorder of San Mateo County, California, on March 24, 1927 (“1927 Map”). By and large, the properties indicated on said map generally remain in the same configuration today. Some of the properties sold in reference to the 1927 Map may not have been created in compliance with the Subdivision 119
Map Act (“SMA”); however, by approving development upon those lots at some point, the City de facto “legalized” them. As such, it is fair to assume that at least some of the lots in the neighborhood were allowed to develop in the absence of compliance with the SMA.
As described in the Table below, the property does not satisfy the requisite minimum lot area.
The property owner has very limited opportunities to acquire the additional land necessary to meet the requisite minimum lot area standard defined in the BZO. At the estimated 49% average slope for the subject site, the property owner would need a minimum of 403,333 square feet; a property this size would be significantly larger than any other in the neighborhood. The only avenue for meeting the standard available to the property owner would be acquiring adjacent properties to amass the necessary lot area. However, none of the HRO-2 lots sharing a border with the subject property are large enough to provide the square footage necessary; as such, the property owner would need to acquire multiple lots to obtain sufficient land area at the subject site.
Development Criteria Minimum Required Proposed
Lot Size (sq. ft.) 403,333 sq. ft.* 9,137 sq. ft**
Avg. Lot Width 60 ft. Approx. 77 ft.**
Frontage 40 ft. Approx. 64 ft.**
*Based on the BZO Sec. 4.7.9 Table 1 (HRO Density and Minimum Lot Size Standards), the subject site at 49% slope is required a minimum lot size of 403,333 sq. ft. ** Adjusted lot size and lot dimension after right-of-way dedication.
The project would involve the construction of one single-family residence. The project is an infill development project surrounded by existing residential uses. Thus, authorization of the requested exception (authorizing a smaller lot size) would not increase traffic and will not unduly impact utilities or services in the vicinity. This finding is affirmed. (2) The site is of sufficient size to accommodate the proposed use together with all yards, open spaces, walls and fences, parking and loading facilities, landscaping and such other provisions required by this Ordinance.
As outlined in the paragraphs above, the history of development in the neighborhood and remaining site conditions have left the property owner with limited availability to meet the requirement of the BZO with respect to minimum lot area. However, the subject site is sufficient in size to accommodate the proposed single-family residential use. All setbacks and building height requirements will be met in accordance with the HRO-2 development standards. The project proposal will include four car off-street parking spaces (two covered/two uncovered) in compliance with the Parking Ordinance. This finding is affirmed. (3) The site will be served by streets of capacity sufficient to carry the traffic generated by the proposed use.
The subject property is located in a developed residential neighborhood. The existing residential use and proposed project will not result in a change in the amount of traffic generated in the 120
neighborhood. The local streets are adequate to accommodate the proposed single-family residence. This finding is affirmed.
(4) The proposed use, if it complies with all conditions upon which approval is made contingent, will not adversely affect other property in the vicinity or the general welfare of the City.
The applicant has requested an exception authorizing a smaller lot size. The exception sought would allow the applicant to comply with the conditions outlined in the Conditional Certificate of Compliance (“CCOC”) issued for the property in 2021. The requested an exception would not adversely affect other properties in the vicinity or the general welfare of the City. This finding is affirmed.
Grading Permit
The City Council evaluated a Grading Plan proposal and finds that it meets the required findings set forth in Section 9-27(a)-(h) of the City of Belmont City Code (Grading), as follows:
(a) The project will not endanger the stability of the site or adjacent properties, or pose a significant ground movement hazard to adjacent properties.
The City's Building Division and Public Works Department have reviewed the grading plans for the project and have determined that the plan is in conformity with the Building Code and the City of Belmont Grading Ordinance (Chapter 9 of the City Code). In addition, the City’s standard requirements require the preparation of a site-specific geotechnical investigation, independent peer review of the investigation and incorporation of the findings of the independent peer review into the project design.
The City’s consulting geotechnical engineer prepared an independent peer review of the geotechnical investigations proposed as part of the project and concurs with the characterization of the project site, findings, and design specifications. The City’s consulting geotechnical engineer adds that the project geotechnical consultant shall review all plans, field work and conditions to assure that the project is built to specifications. The project geotechnical reports and the City’s independent peer review requirements will, as a matter of grading and building permit procedures, be required of the project as conditions of project approval.
Based on reviews by City departments and the City’s consulting geotechnical engineer, the project will not endanger the stability of the site and adjacent properties with utilization of appropriate geotechnical design criteria and drainage standards. Thus, as proposed, and conditioned, the project will not endanger the stability of the site or adjacent properties or pose a significant ground movement hazard to adjacent properties. This finding is affirmed. 121
(b) The proposed drainage improvements, landscaping, and erosion control measures would be adequateto control erosion or flooding and would not degrade riparian habitats, stream channel capacity or water quality.
There are no streams or rivers on the site. The applicant has submitted a C-3 Checklist, drainage study, geotechnical evaluations, landscaping, grading, and drainage plans. The submitted materials identify appropriate methods to treat drainage from the site. The project has been reviewed and found acceptable by the City’s Department of Public Works at this stage of the Development Review process. Detailed working drawings with storm water measures will be required to be submitted for review and approval as part of the building permit application process.
The Department of Public Works has also reviewed the proposed drainage plans and facilities and has provided conditions of approval. In addition, the City requires the implementation of Best Management Practices (BMP’s) for new development and construction as part of its storm water management program, as levied through standard City conditions of project approval.
For new development and construction projects, the City requires the implementation BMP’s to ensure the protection of water quality in storm runoff from the project site. In brief, the measures address pollution control and management mechanisms for contractor activities, e.g., structure construction, material delivery and storage, solid waste management, employee and subcontractor training, etc. They also provide direction for the control of erosion and sedimentation as well as the establishment of monitoring programs to ensure the effectiveness of the BMP’s. The City also requires an agreement with the applicant that ensures the permanent and on-going maintenance of water quality control improvements by the applicant and/or project site owner(s).
Therefore, the proposed drainage improvements, landscaping, and erosion control measures would be adequate to control erosion or flooding and would not degrade riparian habitats, stream channel capacity or water quality. This finding is affirmed. (c) The amount of grading proposed is necessary to allow reasonable use of the site.
A grading and drainage plan has been prepared by the project civil engineer, and grading estimates have been provided for the project. Approximately 150 cubic yards (CY) of cut and 650 CY of fill (500 CY fill-import) would be necessary for the construction of the project. The amount of grading proposed would allowfor installation of required, storm water treatment measures, landscaping, and construction of the proposed site improvements.
Lastly, the project grading and drainage plans have been reviewed by the Department of Public Works to ensure site stability, and a standard condition of project approval would require submittal of a construction management plan for review and approval by the Community Development Department in consultation with the Fire Department, Police Department, and Department of Public Works. Said plan would, at a minimum, establish a dust control and noise control coordinator, identification of a staging area on site, and approval of a haul route.
Therefore, the amount of grading proposed is necessary to allow reasonable use of the site. This finding is affirmed.
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(d) The proposed grading would result in a building site that is visually compatible with the surrounding land and accommodates any required off-street parking and wall landscaping.
The proposed grading does not appear to be excessive in consideration of the site conditions, and it does not appear that the project would be visually incompatible with the surrounding area, which is similarly developed with residential uses. The grading would provide for the construction of site improvements, and off-street parking consistent with the parking requirements in the Parking Ordinance. This finding is affirmed. (e) The proposed grading will meet the standards and specifications of Article IV of Chapter 9 in the CityCode (Grading Ordinance).
Conditions of approval have been attached to the project to ensure that the final grading plan for the project will meet all of the standards contained in Article IV of Chapter 9 of the City Code (Grading Ordinance). This finding is affirmed.
(f) The Director of Public Services and the applicant’s Geotechnical engineer shall find that the form of vehicular access and methods of excavation are the simplest and least intrusive possible to obtain the geologic information required by the city.
The Public Works Department has reviewed the grading plan, vehicular access, and methods of excavation and, as proposed and conditioned, found them to be adequate and complete.
Conditions of approval require the final grading and drainage plans be consistent with the Public Works Department requirements for the design and construction of the site improvements. This finding is affirmed.
(g) The grading permit is conditioned on issuance of a hauling permit, if required.
A Hauling Permit is required as a condition of approval for this project. This finding is affirmed. (h) The design of the project preserves existing protected trees on the site and trees on adjoining property to the extent possible.
Development of the proposed single-family dwelling includes the removal of one protected size Coast live oak tree. The tree removal is necessary for the proposed development of the site. A site-specific arborist report was prepared for the project which includes protection measures for trees to be retained. This finding is affirmed.
Tree Removal Permit
The City Council evaluated a Tree Removal Permit proposal for the project, and recommends conditionally approving the Permit based on the balancing of the Criteria for Permit Determination set forth in Section 25-7 (b)-(c):
(1) Blue Gum Eucalyptus (Eucalyptus globulus);
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(b)“The reviewing authority shall issue a permit to remove the following trees without consideration of the criteria in subsection (c):
(2) Dwarf Blue Gum Eucalyptus (Eucalyptus globulus ‘Compacta’); (3) Monterey Pine;
(4) Palm (all species);
(5) Acacia (all species);
(6) a dead tree (any species); and
(7) Any tree that a public utility is required to remove under California Public Utility Commission regulations.”
(1) Criteria Supporting Removal (2) Criteria Supporting Retention (A) The tree is: (i) in poor condition; (ii) at the relative end of its life span of the particular species; (iii)
diseased or infested beyond reasonable remediation;
(iv) has poor structural integrity; (v) is in danger of falling; or, (vi) poses a safety hazard.
(B) The particular tree species is undesirable due to
characteristics such as invasiveness, tendency toward
limb failure, and fire hazard.
(C) The tree is damaging or interfering with existing
structures, site improvements, or utility services.
(D) Removal of the tree is needed in order to construct improvements or otherwise allow conforming use of
the property.
(E) Proximity of the tree to existing or proposed
structures.
(A) The tree is located outside the
developable area of the property.
(B) The tree and its location contribute
substantially to the aesthetic appeal of
the property or the neighborhood.
(C) The effect of the requested tree
removal on the remaining number,
species, size and location of existing
trees on the site and in the area,
including trees mutually dependent on
each other for survival, structural
integrity or aesthetics.
Criteria Supporting Removals & Retention
The project includes the removal of one protected size Coast live oak tree. The arborist report and the plans submitted as part of the project indicate that the tree proposed for removal is directly impacted by project construction. As such, the tree proposed for removal are in line with criteria D supporting removal. The criteria supporting retention (A – C) does not apply. Based upon review of the arborist report, and the site and grading plans, the City Council finds that the proposed tree removal is necessary for the construction of the project. In addition, the City Council finds that adequate arrangements would be made for the protection of trees to be retained as conditioned.
Preferred Tree Species & Conditions of Permit
The Tree Ordinance indicates that for each protected tree removed, the applicant shall plant a Preferred Species tree, minimum 15-gallon size, or pay an in-lieu planting fee. The applicant has proposed to replant two preferred species Coast live oak trees as in accordance with City Code Chapter 25 -Trees. Conditions of the project approval require the applicant to implement all tree protection measures and payment of tree removal fees.
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