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Agenda packet

Belmont City Council
September 10, 2024

Document
Agenda packet
Meeting
September 10, 2024
Body
Belmont City Council
Pages
37
Original file
40.8 MB
Text extracted from the city's file for reading and search. Open the original on d3n9y02raazwpg.cloudfront.net. That file is the official record.

CITY OF BELMONT

CITY COUNCIL
www.belmont.gov

CITY COUNCIL REGULAR MEETING AGENDA
Tuesday, September 10, 2024
6:00 PM
City Council Chambers
City Hall, One Twin Pines Lane, Belmont, California
MEETING ATTENDANCE:

Council meetings, unless otherwise noted, are broadcast live to Belmont residents on

1. Comcast Cable Channel 27

2. Streamed live via the City’s website at Belmont.gov,

3. ZOOM https://belmont- gov.zoom.us/ Meeting ID: 95745673035

4. Attend the meeting in the Council Chambers, Belmont City Hall 2 nd
floor
PUBLIC COMMENT:

Public in the Council Chamber present the Clerk a request to speak slip found at the table at the rear of the chamber.

If participating virtually use the Raise Hand feature to request to speak.

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 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 time of publication of the agenda and 3 hours before the start of the meeting will be distributed to the Council prior to the meeting and made part of the meeting record. Written public comments will not be read during the Council meeting.

The Mayor has the authority to rule any speaker out of order, including speakers during the Public Comment period; If the subject raised is not within the subject matter jurisdiction of the City Council, during a public hearing or a general business item if the speaker is not presenting testimony or evidence relevant to the matter or if the speaker becomes disruptive to the proceedings and conduct of the meeting.

The Mayor also has the authority to order any person who willfully interrupts the meeting to be removed. All persons are expected to conduct themselves with civility and courtesy at all times. All 1 1. CALL TO ORDER
A. Roll Call

2. CLOSED SESSION (6:00 PM]
A. Conference with Labor Negotiators (Government Code Section 54957.6) Agency designated representatives: Davina Hurt and Robin Pang-Maganaris; Unrepresented Employees: City Manager, City Attorney
B. Conference with Labor Negotiators (Govt Code Section 54957.6) Agency designated representatives: Afshin Oskoui, City Manager Employee organization: American Federation of State, County and Municipal Employee (AFSCME), Mid-Management Confidential Employee Association (MMCEA) and Belmont Police Officers Association (BPOA)

3. STUDY SESSION (none)

4. CALL TO ORDER
A. Roll Call

5. PLEDGE OF ALLEGIANCE

6. REPORT FROM CLOSED SESSION

7. SPECIAL PRESENTATIONS
A. Proclamation Designating September as Suicide Prevention Month B. Proclamation Designating September 15 to October 15, 2024 as National Hispanic Heritage Month
C. Proclamation National Preparedness Month
D. National Night Out Recap
E. Presentation of MyBelmont - a new 311 Citizen Reporting App and Web Portal F. Presentation of Certificate of Appreciation

8. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
persons giving comments shall speak directly to the Council and address issues, not individuals.

Personal attacks, cursing and outbursts from the audience in support or opposition to a speaker are not tolerated in order to foster an environment where everyone feels welcome to speak.

SPECIAL MEETING AGENDA [6:00 PM]
REGULAR MEETING AGENDA [7:00 pm]
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 2 9. COUNCILMEMBER ANNOUNCEMENTS

10. CONSENT BUSINESS
A. Approval of Minutes
B. Banking Services Contract Amendment with Wells Fargo Bank C. 0 Longfellow Drive Permanent Encroachment Agreement
D. Demolition of City-Owned Properties Project, City Contract Number (CCN) 2023-626, Notice of Completion
E. Appropriation of Street Improvement Fund (Measure A) and Amendment 2 to the Architectural and Engineering Services Agreement with Kimley Horn for the Ralston Avenue Adaptive Signal Control Technology System Project 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: Consider modifications and approve minutes.

Attachment(s):

July 23, 2024 Meeting Minutes
Recommendation: Adopt a motion authorizing the City Manager to negotiate and execute a contract agreement amendment with Wells Fargo Bank for banking services consistent with the 5-year fee schedules included with this staff report and any other related documents, to take such actions as are necessary to implement and administer the agreement amendment Attachment(s):

Staff Report
Wells Fargo Bank 5-Year Fee Schedules, City of Belmont and Belmont-San Carlos Fire Department
Recommendation: Adopt a resolution approving a Permanent Encroachment Agreement for a retaining wall within the public right-of-way at 0 Longfellow Drive (APN 043-222-350) Attachment(s):

Staff Report
Resolution
Exhibit A - Permanent Encroachment Ret Wall
Recommendation: Adopt a resolution accepting work and authorizing the issuance of a Notice of Completion for the Demolition of City-Owned Properties Project, City Contract Number 2023-626, for a final contract cost of $106,390
Attachment(s):

Staff Report
Resolution
Recommendation: Adopt a resolution appropriating $28,990 of Street Improvement Fund (Measure A) funds to the Ralston Avenue Adaptive Signal Control Technology System Project and authorizing the City Manager to execute Amendment 2 to the agreement with Kimley-Horn and Associates, Inc. (Kimley-Horn) for additional services to prepare updated background signal coordination plans for the traffic signals on Ralston Avenue between 6th 3 F. Belmont Library Exterior Improvement

11. PUBLIC HEARINGS
A. Adoption of the Revised Housing Element 2023-2031

12. GENERAL BUSINESS
A. Review Solid Waste Rate Application and Revise Maximum Rates for Collection Services for 2025
Avenue and the US-101 SB Ramps for an amount not to exceed $28,990, bringing the total agreement to a not to exceed amount of $301,770
Attachment(s):

Staff Report
Resolution
Recommendation: Adopt a motion authorizing the City Manager to negotiate and execute a contract with Staples Construction Company for $123,594.51 plus a 15% contingency (total $142,133.69) for the painting of the exterior of the Belmont Library, City Contract Number 2024-632
Attachment(s):

Staff Report
Presentation
Construction Contract
Scope of Work
Invitation for Bids
Sourcewell Contract
General Conditions
Recommendation: Adopt a resolution making findings that the revised 2023-2031 Housing Element is consistent with Housing Element Law, and that the Housing Element as revised is consistent with the program EIR prepared for the project and no further environmental document is required, and amending the 2035 General Plan by repealing the previously adopted 2023-2031 Housing Element and adopting the revised 2023-2031 Housing Element Attachment(s):

Staff Report
Resolution
HCD Letter July 26 2024
Draft Housing Element July 2024
AppA_Needs Analysis
AppB_sites-inventory-template Belmont
AppC_AFFH
AppD_PrevHE
AppE_Outreach
General Business items are considered separately, typically in the order listed. The chair will call for public comment on each item when the body considers the item.

Recommendation: Adopt a resolution stating the City of Belmont’s intent to revise the maximum rates that may be charged for solid waste, recyclable materials, and organic materials collection services effective January 1, 2025, and set a Public Hearing date for November 12, 2024
4 B. Twin Pines Park Stormwater Detention Basin EIR Certification C. First Amendment to Employment Agreement between the City of Belmont and City Attorney Scott M. Rennie
D. Second Amendment to the Employment Agreement Between the City of Belmont and City Manager, Afshin Oskoui

13. BRIEF VERBAL REPORTS FROM MEMBERS AND STAFF

14. MATTERS OF INTEREST/CLARIFICATION

15. ADJOURNMENT
Attachment(s):

Staff Report
Resolution
Attachment B - Recology 2025 Rate Application
Attachment C - HDR Inc Report - Solid Waste Rate Analysis Recommendation: Adopt a resolution certifying the Final Environmental Impact Report (EIR), making the findings required by the California Environmental Quality Act (CEQA), adopting the Mitigation Monitoring Program (MMRP), and adopting the Statement of Overriding Considerations for the Twin Pines Park Stormwater Detention Basin Project (Project)
Attachment(s):

Staff Report
Resolution
Recommendation: Adopt a resolution establishing compensation for the City Attorney; and authorizing the Mayor to execute Amendment No. 1 to the City Attorney employment agreement
Attachment(s):

Staff Report
Resolution
First Amendment to CA Agreement
Recommendation: Adopt a resolution establishing compensation for the City Manager; and authorizing the Mayor to execute Amendment No. 2 to the City Manager employment agreement
Attachment(s):

Staff Report
Resolution
Second Amendment to CM Agreement
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 5 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.

AGENDA POSTING: I declare a copy of this agenda was posted at City Hall, One Twin Pines Lane, and the City's website www.belmont.gov on ,by . /s/
6 City Council Meeting Minutes
July 23, 2024

Page 1 ends

MINUTES OF CITY OF BELMONT CITY COUNCIL SPECIAL AND REGULAR MEETING City Council Chambers, City Hall, One Twin Pines Lane, Belmont, California Tuesday, July 23, 2024
CALL TO ORDER: 6:00 PM

ROLL CALL
COUNCILMEMBERS PRESENT: McCune, Hurt, Pang-Maganaris, Mates, (Latimerlo arrived at 6:30pm)
COUNCILMEMBERS ABSENT: None
CLOSED SESSION [6:15 PM]
Public Employee Performance Evaluation Government Code Section 54957(b)

Titles: City Manager, City Attorney
Conference with Labor Negotiators (Government Code Section 54957.6); Agency designated representatives: Davina Hurt and Robin Pang-Maganaris; Unrepresented Employees: City Manager, City Attorney
Recess to regular meeting at this time being 6:50 pm.

REGULAR MEETING

PLEDGE OF ALLEGIANCE
Led by Mayor Mates

REPORT FROM CLOSED SESSION
Closed session was recessed report will be given at the of the agenda.

SPECIAL PRESENTATIONS (None)

PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
Giuliano Carlini commented on cycling infrastructure in the city.

ZOOM caller requested clarification on public comments.

COUNCILMEMBER ANNOUNCEMENTS
Councilmember Hurt announced her appointment to Chair of the Silicon Valley Clean Water (SVCW) Joint Powers Authority (JPA).

Mayor Mates announced upcoming events.
7 City Council Meeting Minutes
July 23, 2024

Page 2 ends

CONSENT BUSINESS
Meeting Minutes of City Council July 9, 2024, and BFPD July 9, 2024 Monthly Financial Reports - June 2024
Purchasing Ordinance
Ordinance 2024-1179 Of The City Of Belmont Amending Regulations In The Belmont City Code Related To Purchasing And City Manager And City Attorney Contract Authority Resolution 2024-58 authorizing the City Manager to negotiate and execute Amendment No. 5 to the Service Agreement with 4 Leaf, Inc. to provide building inspection services for $100,000, for a total not-to-exceed amount of $449,865
No public comment received on the Consent Business items.

City Attorney Rennie read the title of Ordinance 2024-1179 Of The City of Belmont Amending Regulations In the Belmont City Code Related to Purchasing and City Manager and City Attorney Contract Authority.

ACTION: On a motion made by Councilmember Hurt and seconded by Vice Mayor Latimerlo, the Consent Business items were approved by a roll call vote (5-0).

PUBLIC HEARINGS (None)

GENERAL BUSINESS
Stanford Belmont Campus Conceptual Development Plan and Development Agreement - Project Update and City Council Discussion
Deputy Community Development Director Russell presented the project status update from the City Staff and Applicant regarding the Stanford Belmont Conceptual Development Program Plan and Development Agreement.

Steve Elliot, Stanford Senior Managing Director of Real Estate, and John Donahoe Senior Director for Planned Entitlement Stanford Real Estate presented the development plans for the potential Belmont site. He explained that those 46 acres of the campus is the intent of Stanford’s purchase. He also noted that NDNU Elementary and High School are not part of the purchase. He explained that up to 700,00 square feet will be developed, maintaining the properties academic use, providing affiliate housing, and keeping open access to outdoor spaces. He noted that the renovation of Ralston Hall is included in the plan. He explained that the potential campus population is to be similar to NDNU at total capacity in 2013.

Council discussion ensued.

Public Comment provided by Beth Martin, Giuliano Carlini, Grail Walsh, and Margaret Judala 8 City Council Meeting Minutes
July 23, 2024

Page 3 ends

Council direction was to review contributions to community benefits, namely contributions to the Barrett Community Center Upgrades and, future traffic impacts from the project.

RECESS: 8:20 PM
RECONVENE: 8:30
Zoning Text Amendments - Corridor Mixed Use District, Parking, and By Right Processing Deputy Community Development Director Russell made a presentation on proposed Zoning Text Amendments related to development standards in the Corridor Mixed Use (CMU) District; consolidation of parking requirements into one section of the Zoning Ordinance; and updates to facilitate "by right" processing as required by State Law.

She noted the following proposed changes to the development standards in the CMU District:

Increasing the base height from 45’ to 50’ will encourage ground-floor commercial uses and make four-story office development feasible. An increase to the community benefits height from 55’ to 60’ so that commercial projects have an approval pathway through City Council if the community benefits outweigh potential impacts. And an establishment of unique development standards for hotels of 2.5 FAR and 65’ height to provide an incentive for this fiscally positive land use.

She also noted the following changes to the consolidation of parking requirements into one section of the zoning ordinance with the proposed changes adding narrative standards to tables format, changing units of measurement to modern standards, such as linking requirements to physical measurements (like floor area) instead of things that might change (like employees).

Removing outdated land uses and revising the approval criteria for applications that would increase parking above the maximum or below the minimum—updating language to be consistent with AB 2097, which preempts parking requirements within one-half mile of the Caltrain station and simplifies loading requirements.

Council discussion ensued.

Public comment received from Neel Patel and E-mail correspondence was received.

Council Concurred with staff recommendation, no other action taken.

Informational Update on Unmanned Aerial System
Police Captain Armando provided an update on the use of unmanned aerial systems. He highlighted their applications, including managing and containing urban and open space fires, assisting in the search for missing persons, and monitoring and managing critical incidents. He highlighted the usage of other departments, including Public Works, during street construction and Parks and Recreation, in viewing tree canopy and open space areas.

Public comment provided by Giuliano Carlini.
9 City Council Meeting Minutes
July 23, 2024

Page 4 ends

Council discussion ensued. The council concurred with the report and expressed the need for transparency and privacy and a robust data retention policy for the use of the systems.

BRIEF VERBAL REPORTS FROM MEMBERS AND STAFF
Verbal report from Councilmembers on Intergovernmental (IGR) and Subcommittee Assignments
Councilmembers reported on their assignments.

Verbal report from City Manager
City Manager Oskoui announced that the new Public Works Director will start in the coming days, and Interim Director Towne has successfully completed his assignment.

MATTERS OF INTEREST/CLARIFICATION-none
Recess at this time being 10:05 pm to continuation of closed session item.

Adjournment at this time being 11:24 p.m.

Submitted by,
Jozi Plut, City Clerk
10

Page 1 of 2 ends

Banking Services Contract

STAFF REPORT
Meeting Date: September 10, 2024
Agency: City of Belmont
Staff Contact: Grace Castaneda, Finance Director, [email protected]; Nawel Voelker, Management Analyst, [email protected]
Agenda Title: Banking Services Contract Amendment with Wells Fargo Bank Agenda Action: Motion
Recommendation
Adopt a motion authorizing the City Manager to negotiate and execute a contract agreement amendment with Wells Fargo Bank for banking services consistent with the 5-year fee schedules included with this staff report and any other related documents, to take such actions as are necessary to implement and administer the agreement amendment.

Strategic Focus Area
Fiscal and Organizational Sustainability
Background
In 2014, City Council approved a contract with Wells Fargo Bank to provide banking services for the City based on a monthly fee schedule. Wells Fargo has a physical presence in the City of Belmont, adequate financial strength and credit rating, and experienced staff in providing banking services to public agencies with similar banking needs as the City. The City is currently at the end of the current contract with Wells Fargo and an amendment is necessary in order to continue services without interruption.

Analysis
For the past ten years, Wells Fargo has provided a quality level of service to the City, including financial transaction options and online reporting tools that help keep day-to-day operations running smoothly and efficiently. Furthermore, Wells Fargo has been consistent in the protection of public funds, providing safety and liquidity that is in accordance with the City’s priorities in its investment policy.

Wells Fargo also provides a dedicated servicing team to the City, along with branch locations for convenient access. Wells Fargo currently manages relationships with over 750 public entities and over $2.6 billion in public fund deposits in California.

The proposed contract amendment will be based on the fee schedules attached, with the majority of fees remaining the same or lower as the current schedules. The City maintains two separate accounts with Wells Fargo – one for the City of Belmont and one for the Belmont-San Carlos Fire Department (BSCFD).

As such, there are two separate fee schedules provided, even though the fees are the same between the two. The City acts as the administrator for BSCFD under the current amended Joint Powers Authority agreement with BSCFD, and the contract amendment under consideration will apply to both the City of Belmont and BSCFD. Wells Fargo’s proposed monthly fee for banking services, based on the City’s and 11

Page 2 of 2 ends

Banking Services Contract
BSCFD’s current volume of services, is approximately $1,200 and $400, respectively. Funding for BSCFD has already been incorporated as part of the biennial adopted FY 2024-25 and FY 2025-26 budgets, and funding for subsequent years of the agreement will be contingent on BSCFD Board appropriation.

Alternatives

1. Take no action.

2. Refer back to staff with alternative direction.

Attachments
A. Wells Fargo Bank 5-Year Fee Schedules – City of Belmont and Belmont-San Carlos Fire Department
Fiscal Impact
☐ No Fiscal Impact
☒ Funding Source Confirmed:

Funding for the City of Belmont in the first year of the agreement is included in the adopted FY 2024-25 budget in the General Fund (Account #101-1-501-8363). Funding for each subsequent year of the agreement will be incorporated as part of the annual budget development process and will be contingent on Council appropriation.

Source: Purpose: Public Outreach:

Staff Discretionary Action Posting of Agenda
12 Treasury Management Proposal
5 Yr City of Belmont Pricing as of April 2024
WF AFP Monthly Activity
Code Code Service Description Charge Basis Price Volume Charges ACH Fraud Filter
34333 251050 ACH FRAUD FILTER REVIEW MO BASE Account 5.00000 1 5.00 34333 251050 ACH FRAUD FILTER REVIEW MO BASE Account 10.00000 1 10.00 34335 251053 ACH FRAUD FILTER REVIEW - ITEM Transaction filtered 10.00000 3 30.00 ACH Origination
34342 250400 ACH RETURN SUBSCRIPTION - ITEM Item accessed 0.50000 8 4.00 34340 250400 ACH RETURN SUBSCRIPTION-ACCOUNT ACH company ID 20.00000 2 40.00 34340 250400 ACH RETURN SUBSCRIPTION-ACCOUNT ACH company ID 36.00000 1 36.00 ES283 250000 ACH VENDOR MONTHLY BASE Company ID 50.00000 1 50.00 ES280 250000 ACH MONTHLY BASE Company ID 50.00000 1 50.00 ES805 250000 ACH COID DELETE EXEMPT SURCHARGE Company ID 50.00000 1 50.00 ES211 250102 ACH FUTURE DATED ITEM Transaction 0.20000 261 52.20 06505 250302 ACH RETURN ADMIN -ELECTRONIC Return 0.50000 2 1.00 ES801 250501 ACH TRANSMISSION CHARGE Batch/file 5.00000 4 20.00 34330 250703 ACH SUBSCRIPTION - ACCOUNT Account/company ID 40.00000 1 40.00 34332 250703 ACH SUBSCRIPTION - ITEM Item accessed 0.20000 13 2.60 ACH Receive
ES349 250220 ACH RECEIVED ADDENDA Addenda record 0.00000 69 0.00 ES344 250202 ACH RECEIVED ITEM Transaction 0.10000 166 16.60 Account Reconcilement
34421 400272 ARP STMTS & RPTS (CSV/EXCEL) / ITEM Transaction 0.03000 964 28.92 34420 400225 ARP STMTS & RPTS (CSV/EXCEL) BASE Account 80.00000 1 80.00 34337 200201 ONLINE CHECK ISSUES-ITEM Check issued 0.05000 117 5.85 12687 209999 ARP AGED ISSUE RECORDS ON FILE-ITEM Record 0.00600 397 2.38 12604 200306 ARP OPTIONAL REPORTS Report 5.00000 9 45.00 34350 200306 ONLINE ARP STMT & RPTS MONTHLY BASE Account 5.00000 1 5.00 Branch Services
CK161 100006 CASH DEPOSITED IN WF BRANCH Dollar 0.00600 1,538 9.23 08052 100006 BRANCH DEPOSIT Deposit 6.00000 4 24.00
Desktop Deposit Electronic Dep Serv
12816 151352 DESKTOP DEPOSIT IMAGES RETRIEVED Image 0.00000 97 0.00 15017 400058 DESKTOP DEPOSIT MONTHLY BASE Account 20.00000 1 20.00 15003 400272 DESKTOP DEPOSIT REPORT PER ITEM Item reported 0.00000 98 0.00 15007 010101 DESKTOP DEPOSIT-DEPOSIT CREDITED Credit 1.00000 39 39.00 706 100224 DESKTOP DEPOSIT-DEPOSITED ITEM Check deposited 0.10000 110 11.00 Gen Acct Services Recoupment
IAMTH 000230 RECOUPMENT MONTHLY Deposit assessment 0.12750 1,058 134.90 General Account Services
22051 010000 ACCT MAINTENANCE Account 15.00000 2 30.00
1 of
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WF AFP Monthly Activity
Code Code Service Description Charge Basis Price Volume Charges CK021 010100 DEBITS POSTED Debit 0.20000 97 19.40
CK018 250201 ELECTRONIC CREDITS POSTED Credit 0.20000 157 31.40 General Disbursement Services
22225 150240 CHECK CASHING THRESHOLD MO BASE Account 10.00000 1 10.00 22245 150240 CHECKS PAY TO INDIV BLOCK MO BASE Account 10.00000 1 10.00 MD091 150240 PYMT AUTH MAX CHECK MTHLY BASE Account 10.00000 1 10.00 22202 150100 DDA CHECKS PAID Check paid 0.20000 93 18.60 Incoming Wire Transfers
ES030 350300 WIRE IN TO USA ACCT-USA DOMESTIC Transfer 5.00000 5 25.00 Information Reporting
34123 40022Z ALERTS SERVICE - EMAIL Email 0.50000 76 38.00 34100 400052 PREV DAY BASE PER ACCT PER REPORT Account 20.00000 2 40.00 34115 400425 PREV DAY REPORTING ITEMS LOADED Item loaded 0.17000 345 58.65 Positive Pay
DS191 150122 PAYEE VALIDATION STANDARD-ITEM Check paid 0.03500 93 3.26 12682 150120 POSITIVE PAY ONLY - ITEM Check issued 0.08000 89 7.12 12681 150030 POSITIVE PAY ONLY MONTHLY BASE Account 25.00000 1 25.00 Returned Items
CK064 100416 RETURN ITEM SERVICE MTHLY BASE Customer ID 0.00000 4 0.00 Wires Origination and Reporting
ES139 350100 WIRE OUT DOMESTIC VANTAGE/API Transfer 5.00000 4 20.00 34216 400832 WIRE TEMPLATE ONLINE Occurrence 0.33000 22 7.26 Zero Balance Account (ZBA)
DS510 010020 ZERO BALANCE MASTER ACCOUNT MAINT Account 20.00000 1 20.00 DS001 010021 ZERO BALANCE MONTHLY BASE Account 5.00000 1 5.00 Total Monthly Activity Charges 1,191.37
Total Monthly Balance Based Charges (can be paid with balances) 1,191.37 Earnings Credit Rate @ 1.65%
Estimated Earnings Credit 1,191.36
2 of
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Disclosures
We created this proposal for you based on our understanding of your requirements and the services in which you expressed interest. This proposal confirms the deposit and treasury management services and the pricing we plan to provide you based on certain assumptions including projected volumes and other relevant information you provided.

This document is confidential. Please do not share it without first obtaining our written permission. The services and pricing contained in this proposal are valid for 90 days. The pricing is subject to change if the actual volume or scope of services differs from the assumptions upon which we based the pricing.

Please let us know if you believe this proposal does not accurately represent the prices or services we discussed with you. If you have questions about the services in this proposal, please contact your Treasury Management Sales Consultant or visit: www.wellsfargo.com/accountanalysis for additional information about the services.

Regarding your services
Services with No Volumes
Services listed with zero volume are not included in the estimated monthly analysis fee but are included in the event the service is used in the future.

This message may contain confidential and/or privileged information. If you are not the addressee or authorized to receive this for the addressee, you must not use, copy, disclose, or take any action based on this message or any information herein. If you have received this message in error, please advise the sender immediately by reply email and delete this message.Thank you for your cooperation. © 2024 Wells Fargo Bank, N.A. All rights reserved. Not intended for public distribution. 3 of
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Treasury Management Proposal
5 Yr BELMONT-SAN CARLOS FIRE DEPARTMENT Pricing as of April 2024 WF AFP Monthly Activity
Code Code Service Description Charge Basis Price Volume Charges ACH Fraud Filter
34333 251050 ACH FRAUD FILTER REVIEW MO BASE Account 5.00000 1 5.00 34333 251050 ACH FRAUD FILTER REVIEW MO BASE Account 10.00000 1 10.00 ACH Origination
ES280 250000 ACH MONTHLY BASE Company ID 50.00000 1 50.00 ES211 250102 ACH FUTURE DATED ITEM Transaction 0.20000 35 7.00 06505 250302 ACH RETURN ADMIN -ELECTRONIC Return 0.50000 2 1.00 ES801 250501 ACH TRANSMISSION CHARGE Batch/file 5.00000 4 20.00 ACH Receive
ES349 250220 ACH RECEIVED ADDENDA Addenda record 0.00000 6 0.00 ES344 250202 ACH RECEIVED ITEM Transaction 0.10000 7 0.70 Account Reconcilement
34421 400272 ARP STMTS & RPTS (CSV/EXCEL) / ITEM Transaction 0.03000 14 0.42 34420 400225 ARP STMTS & RPTS (CSV/EXCEL) BASE Account 80.00000 1 80.00 12687 209999 ARP AGED ISSUE RECORDS ON FILE-ITEM Record 0.00600 5 0.03 34350 200306 ONLINE ARP STMT & RPTS MONTHLY BASE Account 5.00000 1 5.00 Desktop Deposit Electronic Dep Serv
15017 400058 DESKTOP DEPOSIT MONTHLY BASE Account 25.00000 1 25.00 Gen Acct Services Recoupment
IAMTH 000230 RECOUPMENT MONTHLY Deposit assessment 0.12750 37 4.72 General Account Services
22051 010000 ACCT MAINTENANCE Account 15.00000 2 30.00
CK021 010100 DEBITS POSTED Debit 0.20000 12 2.40
CK018 250201 ELECTRONIC CREDITS POSTED Credit 0.20000 11 2.20 General Disbursement Services
22225 150240 CHECK CASHING THRESHOLD MO BASE Account 10.00000 1 10.00 22245 150240 CHECKS PAY TO INDIV BLOCK MO BASE Account 10.00000 1 10.00 MD091 150240 PYMT AUTH MAX CHECK MTHLY BASE Account 10.00000 1 10.00 Image Delivery
27707 40034Z ONLINE SEARCH Inquiry 0.99000 2 1.98
Incoming Wire Transfers
ES030 350300 WIRE IN TO USA ACCT-USA DOMESTIC Transfer 5.00000 2 10.00 Information Reporting
34123 40022Z ALERTS SERVICE - EMAIL Email 0.50000 21 10.50 34100 400052 PREV DAY BASE PER ACCT PER REPORT Account 20.00000 1 20.00 1 of
3 16
WF AFP Monthly Activity
Code Code Service Description Charge Basis Price Volume Charges 34115 400425 PREV DAY REPORTING ITEMS LOADED Item loaded 0.17000 12 2.04 Positive Pay
12681 150030 POSITIVE PAY ONLY MONTHLY BASE Account 25.00000 1 25.00 Wires Origination and Reporting
ES139 350100 WIRE OUT DOMESTIC VANTAGE/API Transfer 5.00000 1 5.00 Zero Balance Account (ZBA)
DS510 010020 ZERO BALANCE MASTER ACCOUNT MAINT Account 20.00000 1 20.00 DS001 010021 ZERO BALANCE MONTHLY BASE Account 5.00000 1 5.00 Total Monthly Activity Charges 372.99
Total Monthly Balance Based Charges (can be paid with balances) 372.99 Earnings Credit Rate @ 1.65%
Estimated Earnings Credit 49.19
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Disclosures
We created this proposal for you based on our understanding of your requirements and the services in which you expressed interest. This proposal confirms the deposit and treasury management services and the pricing we plan to provide you based on certain assumptions including projected volumes and other relevant information you provided.

This document is confidential. Please do not share it without first obtaining our written permission. The services and pricing contained in this proposal are valid for 90 days. The pricing is subject to change if the actual volume or scope of services differs from the assumptions upon which we based the pricing.

Please let us know if you believe this proposal does not accurately represent the prices or services we discussed with you. If you have questions about the services in this proposal, please contact your Treasury Management Sales Consultant or visit: www.wellsfargo.com/accountanalysis for additional information about the services.

Regarding your services
Services with No Volumes
Services listed with zero volume are not included in the estimated monthly analysis fee but are included in the event the service is used in the future.

This message may contain confidential and/or privileged information. If you are not the addressee or authorized to receive this for the addressee, you must not use, copy, disclose, or take any action based on this message or any information herein. If you have received this message in error, please advise the sender immediately by reply email and delete this message.Thank you for your cooperation. © 2024 Wells Fargo Bank, N.A. All rights reserved. Not intended for public distribution. 3 of
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0 Longfellow Drive Permanent Encroachment Agreement - Staff Report

STAFF REPORT
Meeting Date: September 10, 2024
Agency: City of Belmont
Staff Contact: Elizabeth Wada, Public Works, (650) 595-7468, [email protected] Tracy Scramaglia, Public Works, (650) 595-7469, [email protected] Agenda Title: 0 Longfellow Drive Permanent Encroachment Agreement Agenda Action: Resolution
Recommendation
Adopt a resolution approving a Permanent Encroachment Agreement for a retaining wall within the public right-of-way at 0 Longfellow Drive (APN 043-222-350).

Strategic Focus Area
Infrastructure and Mobility
Background
In June 2021, the City approved planning entitlement for a new single-family residence at 0 Longfellow Drive (APN 043-222-350), and is currently undergoing Building Permit review. The project proposes the installation a concrete retaining wall along the subject property’s proposed driveway, which encroaches into the public right-of-way.

The Belmont City Code (BCC) gives the City Council the sole authority to issue permits for permanent or unusual encroachments that include above ground structures such as retaining walls, fences, poles, and awnings. This class of encroachment is commonly known as “permanent encroachment,” although the City retains the right to revoke the permit and require removal if the structure is not being used or if it interferes with planned public improvements. BCC Section 22-6(b) requires the Director of Public Works to review all permanent encroachment applications. If the Director finds the application is in compliance with the Municipal Code, the Director will recommend approval with conditions necessary to protect the health and safety of the public and the City. The City Council may choose to approve or to conditionally approve the application.

Analysis
The applicant for 0 Longfellow Drive (APN 043-222-350) has submitted a Permanent Encroachment Permit Application to allow encroachment into the public right-of-way as indicated in Exhibit A, attached.

Staff has reviewed the application and found it in compliance with the City Code. The City Council may choose to approve or to conditionally approve the request only if it considers that there is some public benefit for the encroachment. BCC Section 22-6(e)(1) provides examples of acceptable public benefits, such as added off-street parking, sidewalk or safer sight distance, reduced amount of grading onsite, and replacement or improvement of an existing undesirable physical condition or provide other neighborhood betterment.
19

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0 Longfellow Drive Permanent Encroachment Agreement - Staff Report The proposed encroachment provides a public benefit by preserving majority of the steep hillside’s natural grade, thus minimizing the amount of grading onsite required for a new home on the subject property. In accordance with BCC Section 22-6(d), notices were sent to all affected properties within 300 feet of the project location that the City Council would be considering the item.

Alternatives

1. Take no action.

2. Refer back to staff for more information.

Attachments
A. Resolution
B. Exhibit A – Site showing location and details of the proposed retaining wall Fiscal Impact
☐ No Fiscal Impact
☒ Funding Source Confirmed: Applicant has paid the applicable permit fee accounted for in the Development Services Fund.

Source: Purpose: Public Outreach:

Staff Statutory/Contractual Requirement Other*
*Notices were sent to affected properties within 300 feet of the project location. 20

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RESOLUTION NO. 2024 –

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELMONT

APPROVING A PERMANENT ENCROACHMENT AGREEMENT FOR A
RETAINING WALL WITHIN THE PUBLIC RIGHT-OF-WAY AT 0 LONGFELLOW DRIVE (APN 043-222-350).

WHEREAS, the City of Belmont is authorized by Belmont City Code (BCC) Section 22-6 to issue encroachment permits for construction of structures in the public right-of-way; and,
WHEREAS, the applicant of 0 Longfellow Drive (APN 043-222-350) has submitted a Permanent Encroachment Permit Application for a Permanent Encroachment Agreement to allow encroachment into the public right-of-way as indicated in Exhibit A; and, WHEREAS, the Public Works Director reviewed the application and determined that the application is in accordance with the requirements of BCC Section 22-6(e); and, WHEREAS, the encroaching structure in connection with this agreement will be constructed in accordance with City standards at the location as shown in Exhibit A.

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

SECTION 1. In accordance with BCC Section 22-6(e), the City Council finds:
(a) There is a public benefit to the encroachments as the encroachment preserve a majority of the steep hillside’s natural grade, thus minimizing the amount of grading onsite required for a new home; and,
(b) The encroachment will not unduly restrict the public right of way or public water course for other typical uses; and,
(c) The City will be duly protected from liability for injury to persons and property; and,
(d) The required bonds will guarantee the faithful performance of all conditions and requirements specified in the encroachment agreement.
(e) The encroachment is not solely for increasing the usable area of a private residence or business without a public benefit.

SECTION 2. The City Council authorizes the City Manager to execute the Permanent Encroachment Agreement on behalf of the City of Belmont.

SECTION 3. The City Council authorizes the City Clerk to file the Agreement with the County Recorder.

SECTION 4. The Permanent Encroachment Permit is approved subject to following 21

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conditions of approval which must be strictly complied with:
(a) The encroached structure shall be constructed according to the approved plans unless otherwise approved by the Director of Public Works and will be included as part of the project; and,
(b) The property owners shall be responsible and bear all costs to maintain the encroachment and necessary to remove the encroachment in the event as determined by the Director of Public Works; and,
(c) The property owners shall be responsible for any restoration required as a consequence of work authorized by the City of Belmont within the public right-of-way. * * *
ADOPTED September 10, 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
22 23
24 RETAINING WALL SCHEDULE
MAX.

WALL
HEIGHT
WALL

THICKNESS,
t

WALL FOOTING KEY
VERT. WALL
REINF. F.S.

VERT. WALL
REINF. N.S.

FOOTING
DEPTH

FOOTING
WIDTH
TOP
TRANS.

REINF.

BOTTOM
TRANS.

REINF.

DEPTH REINF.
5'-6" 0'-8" #5 AT 12" AT CENTER OF WALL #5 AT 12" AT CENTER OF WALL 2'-0" 5'-6" #5 AT 12" #5 AT 12" 1'-0" #5 AT 12" NOTES:

1. FOOTING TO BE FOUNDED INTO WEATHERED ROCK IN ACCORDANCE WITH GEOTECNICAL REPORT RECOMMENDATIONS.

2. DRAIN SYSTEM: CONSIST OF OPEN GRADED GRAVEL ENCASED IN A FILTER FABRIC SUCH AS MIRAFI 140N OR USE CLASS 2 PERMEABLE MATERIAL NOT ENCASED IN FILTER FABRIC.

3. RETAINING WALL AND FOUNDATION GEOTECHNICAL DESIGN CRITERIA: (FOR ADDITIONAL CRITERIA SEE SHEET SH1.1)a. STRENGTH F'C = 2500 PSI AT 28 DAYS
b. ALLOWABLE SOIL BEARING PRESSURE: DEAD + LIVE: 3,000 PSF c. COEFFICIENT OF FRICTION: 0.40d. PASSIVE PRESSURE: 400 PCFe. EQUIVALENT FLUID PRESSURE: 35 PCF (LEVEL BACK) 50 PCF (SLOPING BACK)
f. SKIN FRICTION: 0 PSF
g. LATERAL LOADING: 12H2 PLF (APPLIED AT 0.33xH ABOVE THE BASE OF FOOTING) h. SURCHARGE LOADING: 0 PSF
PROJECT:PROJECT NO:

TITLE:

DATE:

SCALE:

BY:REF. SHEET:

ISSUES/REV. SKETCH NO.

BGC21034LONGFELLOW DRIVE, BELMONT, CA 94002KORENBLUM RESIDENCE All drawings and written material appearing herein constitute original and unpublished work of the American Subsurface Engineering and may not be duplicated, used or disclosed without consent of American Subsurface Engineering. 1300-B Old Bayshore Highway San Jose, CA 95070 TEL: 650.302.0542 www.ASEsoil.com -2/SH2.2, 5/SH2.2, & 6/SH2.2 1"=1'-0" 05/14/2024 RETAINING WALL $73(50$1(17(1&52$&+0(17
SSK-001
25 7<3,&$/6/$%21*5$'('(7$,/6 
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9"
SAWCUT JOINT (S.J.) CONSTRUCTION JOINT (C.J.) TYPICAL SECTION 5 8"Øx16" LONG SMOOTH
DOWELS @ 12" O.C. GREASEEND IN FIRST POUR, ALIGN
CAREFULLY AND SECURE.

ROTATE DOWEL 12 TURN

PRIOR TO MAKING SECONDPOUR
LOCATE CONST. JOINT AT

DESIGNATED CONTROL JOINT

LOCATION
EDGE EACH SIDE 18" RADIUS

COAT JOINT WITH BOND BREAKER TO

PREVENT BOND
THICKEN SLAB TO 6" AT EDGE
1 8" TO 14" WIDE x
114" DEEP SAWCUT
2" TO CUT END OF BAR

CUT EVERY OTHER BAR
AT JOINT TO MAKE #4 @
24" O.C.

NOTE: PROVIDE JOINTS AS REQUIRED BY CONTRACTOR BUT
IN NO CASE MORE THAN 100 FEET ON CENTER,
U.O.N. ON PLANS
5" CONC. SLAB REINFORCED W/ #4 @
12" O.C. E.W. @ MID-DEPTH TYP., U.O.N.

PREPARE SUBGRADE PER CIVILDRAWINGS AND SPECIFICATIONS
8" CLEAN 3 4" CRUSHED ROCK BASE

VAPOR RETARDER
CLASS "B" SPLICE, TYP.

MIN.

PRECAST CONC. BAR
SUPPORTS @ 32" O.C.

E.W.
2'-0"
2" COVER

SLAB BARS, SEE PLAN FOR

SIZE AND SPACING

INSIDE CORNER
#4 BAR ABOVE SLAB BARS
REINFORCED CONC. SLAB
1'-6" MIN.
1'-6" MIN.

PARTIAL PLAN VIEW - SLAB BARS @ INSIDE CORNER

SLAB EDGE
1'-0"
2" CLR.
8"
CONT. (2) #4
&$17,/(9(5('5(7$,1,1* :$//6&+('8/( 126&$/(
NOTES:

1. FOOTING TO BE FOUNDED INTO WEATHERED ROCK IN ACCORDANCE WITH GEOTECNICAL REPORT RECOMMENDATIONS.

2. DRAIN SYSTEM: CONSIST OF OPEN GRADED GRAVEL ENCASED IN A FILTER FABRIC SUCH AS MIRAFI 140N OR USE CLASS 2 PERMEABLE MATERIAL NOT ENCASED IN FILTER FABRIC.

3. RETAINING WALL AND FOUNDATION GEOTECHNICAL DESIGN CRITERIA: (FOR ADDITIONAL CRITERIA SEE SHEET SH1.1)
a. STRENGTH F'C = 2500 PSI AT 28 DAYS
b. ALLOWABLE SOIL BEARING PRESSURE: DEAD + LIVE: 3,000 PSF c. COEFFICIENT OF FRICTION: 0.40
d. PASSIVE PRESSURE: 400 PCFe. EQUIVALENT FLUID PRESSURE: 35 PCF (LEVEL BACK) f. SKIN FRICTION: 0 PSF
g. LATERAL LOADING: 12H2 PLF (APPLIED AT 0.33xH ABOVE THE BASE OF FOOTING) h. SURCHARGE LOADING: 0 PSF

RETAINING WALL SCHEDULE
MAX.

WALL
HEIGHT
WALL

THICKNESS,
t

WALL FOOTING KEY
VERT. WALL
REINF. F.S.

VERT. WALL
REINF. N.S.

FOOTING
DEPTH

FOOTING
WIDTH
TOP
TRANS.

REINF.

BOTTOM
TRANS.

REINF.

DEPTH REINF.
6'-0" 0'-8" #5 AT 16" AT CENTER OF WALL #5 AT 16" AT CENTER OF WALL 2'-0" 5'-6" #5 AT 16" #5 AT 16" - - 2 1 MAX.
&21&5(7(5(7$,1,1*:$// &877<3( 126&$/(635($')227,1 6 5($7,1,1*:$// &877<3( 126&$/(
WALL PER DETAIL 2/- & 6/-

FINISH GRADE OR PAVING,
SEE ARCHITECTURAL DWGS.

NOTES:

1. FOR SCHEDULE
SEE DETAIL 2/-
NOTES:

1. FOR SCHEDULE
SEE DETAIL 2/-

CLEANED

ROUGHEN EDGE
TOP TRANSVERSE FTG.

REINF. PER SCHEDULE
#5 LONGITUDINAL
REINF. AT 1'-4" o.c.,
TOP AND BOTT.
1'-0"
2" CLR.
3" CLR.

FTG. DEPTH

PER SCHEDULE
BOTT. TRANSVERSE FTG.

REINF. PER SCHEDULE
KEY REINF. PER

SCHEDULE
LONGITUDINAL REINF. #4 AT
1'-4" o.c.

STD.

HOOK

KEY DEPTH

PER SCHEDULE
1'-0" 1'-0"

FOOTING WIDTH PER SCHEDULE
1'-0"
1'-0"
t
1'-0"
3" CLR.
1'-0"

DRAINAGE SYSTEM

DIFFERENCE IN GRADE ELEVATION SEE
CIVIL DRAWINGS STD. HOOK

FINISH GRADE OR SOG

V-DITCH FOR DRAINAGE CONTROL
SEE CIVIL DWGS.

BACK OF WALL ELEVATION SEE CIVIL DWGS.

TOP OF WALL ELEVATION SEE ARCH/ CIVIL DWGS.
#4 AT 1'-4" o.c., HORIZ. REINF
VERT. WALL REINF. AT

CENTER OF WALL PER
SCHEDULE 2/-.

FACE OF THE WALLELEVATION SEE ARCH/ CIVIL
DWGS.

WALL HEIGHT PER SCHEDULE, 6'-0" MAX. 4" PERFORATED PIPE SLOPE MIN. 2% TO DRAIN (PREFERATIONS DOWN SEE CIVIL DWGS. FOR

OUTLET AND OR

DISSIPATORS)
FOOTING REINF. NOT

SHOWN FOR CLARITY SEE
DETAIL 5/-
BOTT. OF FOOTING

SLOPE VARIES

SEE CIVIL

STRUCTURAL ENGINEERSTAMP

PROJECT NAME / LOCATION

ISSUE / REVISION
SCALES.E.R.

DESIGNDRAWNPROJECT No.DRAWING TITLE
No. DESCRIPTION DATE
1300-B Old Bayshore Highway
San Jose, CA 95070
TEL: 650.302.0542
www.ASEsoil.com

LONGFELLOW DRIVE
BELMONT, CA 94002

KORENBLUM RESIDENCE

TEMPORARY SHORING

PERMIT DRAWINGS MM/DD/YYY

DATE SIGNED

MM/DD/YYYY

AS NOTED

IF PRINT SIZE IS
24"x36"
21034

BGCBGCBGC
All drawings and written material appearing herein constitute the original and unpublished work of theAmerican Subsurface Engineering and the same may not be duplicated, used or disclosed without the written consent of the American Subsurface Engineering.

TYPICAL

CONCRETE

DETAILS
SH2.2
26

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900 ECR Site Cleanup 2023-626, Notice of Completion - Staff Report

STAFF REPORT
Meeting Date: September 10, 2024
Agency: City of Belmont
Staff Contact: Tracy Scramaglia, Assistant Public Works Director/City Engineer (650) 595-7469, [email protected]
Agenda Title: Demolition of City-Owned Properties Project, City Contract Number (CCN) 2023- 626, Notice of Completion
Agenda Action: Resolution
Recommendation
Adopt a resolution accepting work and authorizing the issuance of a Notice of Completion for the Demolition of City-Owned Properties Project, City Contract Number 2023-626, for a final contract cost of $106,390.

Strategic Focus Area
Economic Development and Housing
Background
On February 14, 2023, the City Council authorized advertisement for sealed bids approving award of City Contract Number 2023-626, Demolition of City-Owned Propertieslocated at El Camino Real at Hill Street (APNs 045-163-070, 045-162-070, 045-162-080, 045-162-090), to the lowest bidder for an amount not to exceed $85,000.

On April 19, 2023, the City received four bids, all of which exceeded the engineer's estimate and the authorized contract amount.

On May 9, 2023, the City Council approved awarding the construction contract to Selway Construction, Inc. for $106,390 with a construction contingency of $15,958.50 for a total amount not to exceed $122,348.50.

Analysis
Project construction commenced and was completed in March 2024 to the satisfaction of the City. The total cost of construction is $106,390, which is within the approved construction contract amount. There were no change orders and no additional costs out of the construction contingency budget.

If there are no claims filed within 35 days of recording the Notice of Completion, any final payment due will be released to the Contractor.

Alternatives

1. Take No Action

2. Refer back to staff for further information
27

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900 ECR Site Cleanup 2023-626, Notice of Completion - Staff Report Attachments
A. Resolution
Fiscal Impact
☐ No Fiscal Impact
☒ Funding Source Confirmed:

Project cost of $106,390 was expended from the Affordable Housing Fund (Account 275-5-902-8351).

Source: Purpose: Public Outreach:

Staff Statutory/Contractual Requirement Posting of Agenda 28

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RESOLUTION NO. 2024 –

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELMONT

ACCEPTING WORK AND AUTHORIZING THE ISSUANCE OF A NOTICE OF

COMPLETION FOR THE DEMOLITION OF CITY-OWNED PROPERTIES
PROJECT, CITY CONTRACT NUMBER 2023-626, FOR A FINAL CONTRACT COST OF $106,390.

WHEREAS, On February 14, 2023, Council authorized advertisement for sealed bids approving award of City Contract Number 2023-626, Demolition of City-Owned Properties located at El Camino Real at Hill Street (APN's 045-163-070, 045-162-070, 045-162-080, 045- 162-090), to the lowest bidder for an amount not to exceed $85,000; and, WHEREAS, the project is funded through City's Affordable Housing Fund Account 275- 5-902-8351; and,
WHEREAS, the City received four bids that were opened on April 19, 2023. All four bids exceeded the engineer's estimate and the authorized contract amount; and, WHEREAS, on May 9, 2023, the City Council approved awarding the construction contract to Selway Construction, Inc. for $106,390 with a construction contingency of $15,958.50 for a total amount not to exceed $122,348.50, and authorized the City Manager to execute a contract for the demolition of City-owned properties located at El Camino Real at Hill Street (APN’s 045-163-070, 045-162-070, 045-162-080, 045-162-090), City Contract Number 2023-626
WHEREAS, the construction was completed in March 2024, within the construction contract not to exceed amount; and,
WHEREAS, the final project cost is $106,390.

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

SECTION 1. Accepts the work as complete.

SECTION 2. Authorizes the City Clerk to issue the Notice of Completion to Selway Construction, Inc.

SECTION 3. Authorizes the City Clerk to file Notice of Completion with the San Mateo County Clerk-Record’s office for the Demolition of City-Owned Properties Project, CCN 2024-626.
* * *
ADOPTED September 10, 2024 by the City of Belmont City Council by the following vote:

Ayes:
29

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Noes:

Absent:

Abstain:

ATTEST:

City Clerk Mayor
APPROVED AS TO FORM:

City Attorney
30

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Contract Amendment for Ralston Avenue Adaptive Signal - Staff Report

STAFF REPORT
Meeting Date: September 10, 2024
Agency: City of Belmont
Staff Contact: Josh Sun, Public Works, (650) 595-7468, [email protected] Agenda Title: Appropriation of Street Improvement Fund (Measure A) and Amendment 2 to the Architectural and Engineering Services Agreement with Kimley Horn for the Ralston Avenue Adaptive Signal Control Technology System Project Agenda Action: Resolution
Recommendation
Adopt a resolution appropriating $28,990 of Street Improvement Fund (Measure A) funds to the Ralston Avenue Adaptive Signal Control Technology System Project and authorizing the City Manager to execute Amendment 2 to the agreement with Kimley-Horn and Associates, Inc. (Kimley-Horn) for additional services to prepare updated background signal coordination plans for the traffic signals on Ralston Avenue between 6th Avenue and the US-101 SB Ramps for an amount not to exceed $28,990, bringing the total agreement to a not to exceed amount of $301,770.

Strategic Focus Area
Infrastructure and Mobility
Background
On January 26, 2022, the City entered into an Architectural and Engineering Services Agreement with Kimley-Horn for the design and implementation of the Ralston Avenue Adaptive Signal Control Technology (ASCT) System Project in the amount of $255,500. The services included the design for adaptive signal control timing at 12 signal-controlled intersections along Ralston Avenue, from Christian Drive to Hiller Avenue, as well as design of the relocation of two electrical cabinets (at the intersections of Ralston Avenue and Belmont Canyon Road and Ralston Avenue and Cipriani Boulevard) to provide safer access to the cabinets by operations and maintenance staff. Kimley-Horn developed plans, specifications, and an engineer's estimate (PS&E) for the Ralston Avenue Adaptive Signal Control project, including for the relocation of the cabinets and conduit and reinstallation and reconnection of existing video detection and fiber equipment into the new cabinet at the intersections of Ralston Avenue and Belmont Canyon Road and Ralston Avenue and Cipriani Boulevard. The Ralston Ave ASCT Project was funded by the Transportation Fund for Clean Air (TFCA) through an agreement with C/CAG and the City.

On March 28, 2023, the City awarded a construction contract to Bear Electrical Solutions Inc. to relocate the two cabinets. Additional traffic engineering and construction support services, PG&E coordination, and construction assistance was required to support the construction. On August 24, 2023, Kimley-Horn submitted a proposal to provide the services for an additional amount of $17,280. On October 18, 2023, the City approved Amendment 1 to the Architectural and Engineering Services Agreement with KimleyHorn bringing the total agreement to a not to exceed amount of $272,780. 31

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Contract Amendment for Ralston Avenue Adaptive Signal - Staff Report The traffic signals on Ralston Avenue between 6th Avenue and the US-101 SB Ramps operate with the Kadence Adaptive system. The adaptive system uses the base signal coordination plans as the starting point for the adaptive operations. The city recently updated the signal phasing at the intersection of Ralston Avenue and Old County Road, modifying the phasing from 6-phase operation to 8-phase operation, which has impacted traffic operations in the area. Therefore, the City requires Kimley-Horn to collect new traffic data and to update the background coordination plans to address operational issues that have come up since the installation of the new phasing. On August 21, 2024, Kimley-Horn submitted a proposal for these additional services for an amount not to exceed $28,990. Staff reviewed the proposal and finds the scope of services and fee acceptable. This proposal will be included in Amendment 2 to the Architectural and Engineering Services Agreement with Kimley-Horn for the design and implementation of the Ralston Avenue Adaptive Signal Control Technology (ASCT) System Project.

Analysis
The additional services include developing and implementing new traffic signal coordination plans during the weekday AM, Midday, Afternoon School, and PM peak periods at five (5) intersections on Ralston Avenue between 6th Avenue and the US-101 SB Ramps. In addition, coordination plans will be adjusted at the other seven (7) traffic signals on Ralston Avenue and El Camino Real that are currently part of the same adaptive group. The detailed scope of services is included with the Kimley-Horn proposal in Attachment B.

The proposed budget for the additional scope of services is for a not to exceed amount of $28,990. Upon authorization of Amendment 2, the total agreement amount, including the original scope of services will be $301,770. The current remaining budget in Ralston Avenue Adaptive Signal Control Technology System Project is for annual maintenance of the adaptive system along Ralston Avenue. An appropriation of $28,990 of Street Improvement Fund (Measure A) funds to the Ralston Avenue Adaptive Signal Control Technology System Project (Account No. 399-3-730-3230-9030) is required to fund the additional services of Amendment 2.

Alternatives

1. Take no action.

2. Refer back to staff for more information.

Attachments
A. Resolution
B. Kimley-Horn Proposal
Fiscal Impact
☐ No Fiscal Impact
☒ Funding Source Confirmed:

Budget appropriation of Street Improvement Fund (Measure A) funds to the Ralston Avenue Adaptive Signal Control
Technology System Project (Account No. 399-3-730-3230-
9030).
32

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Contract Amendment for Ralston Avenue Adaptive Signal - Staff Report Source: Purpose: Public Outreach:

Staff Discretionary Action Posting of Agenda

33

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RESOLUTION NO. 2024 –

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELMONT APPROPRIATING $28,990 OF STREET IMPROVEMENT (MEASURE A) FUNDS TO

THE RALSTON AVENUE ADAPTIVE SIGNAL CONTROL TECHNOLOGY SYSTEM

PROJECT AND AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT 2 TO THE AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC. FOR ADDITIONAL SERVICES TO PREPARE UPDATED BACKGROUND

SIGNAL COORDINATION PLANS FOR THE TRAFFIC SIGNALS ON RALSTON AVENUE BETWEEN 6TH AVENUE AND THE US-101 SB RAMPS FOR AN AMOUNT NOT TO EXCEED $28,990, BRINGING THE TOTAL AGREEMENT TO A NOT TO EXCEED AMOUNT OF $301,770.

WHEREAS, on January 26, 2022, the City entered into an Architectural and Engineering Services Agreement with Kimley-Horn and Associates, Inc. (Kimley-Horn), for the Ralston Avenue Adaptive Signal Control Technology (ASCT) System Project in the amount of $255,500; and,
WHEREAS, on October 18, 2023, the City approved Amendment 1 to the Architectural and Engineering Services Agreement with Kimley-Horn to include additional services for the relocation of two electrical cabinets for an additional amount of $17,280, bringing total contract cost to a not-to-exceed amount of $272,780; and, WHEREAS, the City requires traffic engineering support services to prepare updated background signal coordination plans for the traffic signals on Ralston Avenue between 6th Avenue and the US-101 SB Ramps; and,
WHEREAS, on August 21, 2024, Kimley-Horn provided a proposal for the additional service for an amount not to exceed $28,990; and,
WHEREAS, budget appropriation of $28,990 of Street Improvement Fund (Measure A) funds to the Ralston Avenue Adaptive Signal Control Technology System Project (Account No. 399-3-730-3230-9030) is required for the cost of the additional services from Kinley-Horn, to be included as part of Amendment 2.

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

SECTION 1. Appropriate $28,990 of Street Improvement Fund (Measure A) funds to the Ralston Avenue Adaptive Signal Control Technology System Project.

SECTION 2. Authorize the City Manager to negotiate and execute Amendment 2 to the agreement with Kimley-Horn for additional services to prepare updated background signal coordination plans for the traffic signals on Ralston Avenue between 6th Avenue and the US101 SB Ramps for an amount not to exceed $28,990, bringing the total agreement to a not to exceed amount of $301,770.
34

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* * *
ADOPTED September 10, 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
35

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Belmont Library Improvements

STAFF REPORT
Meeting Date: September 10, 2024
Agency: City of Belmont
Staff Contact: Brigitte Shearer, Parks and Recreation Director, (650) 595-7488, [email protected]
Agenda Title: Belmont Library Exterior Improvement CCN 2024-632 Agenda Action: Motion
Recommendation
Adopt a motion authorizing the City Manager to negotiate and execute a contract with Staples Construction Company for $123,594.51 plus a 15% contingency (total $142,133.69) for the painting of the exterior of the Belmont Library, City Contract Number 2024-632.

Strategic Focus Area
Infrastructure and Mobility
Background
The Belmont Library was rebuilt and opened in April 2006. The 20,000 square foot project was built with funds secured through a partnership between San Mateo County Libraries (SMCL) and the City of Belmont with substantial support from local businesses and non-profits including the Friends of the Belmont Library, the Taube Foundation, the Belmont Rotary Club, and Oracle. The project resulted in a beautiful facility that is a true asset to the community. The building and three-acre land parcel are owned and maintained by the City of Belmont and library operations managed by SMCL.

The Belmont Library is one of the most popular libraries in the SMCL network. Its diverse portfolio of services and proximity to Belmont schools makes it a popular destination. The library is open 61 hours per week and has between 17,000 and 20,000 visitors per month.

Currently, there is $500,000 budgeted for the Belmont Library’s interior and exterior painting as well as a flooring replacement under project# 8087 in the Capital Improvement Program (CIP) Fund, with funding coming from the Library Maintenance and Operation Fund.

Analysis
The Belmont Library was built 18 years ago and has operated efficiently since then. To date, minor improvements to the lighting system, installation of an automated book sorting machine, and small repairs due to normal wear and tear have been completed. Now, the building’s age, consistent heavy foot traffic, and its ongoing adaptation to meet the changing needs of the community necessitate more extensive improvements to its interior and exterior. The existing carpeting is failing in multiple locations, the perimeter and staff work area walls need repainting, acoustical panels need replacing, and the exterior walls need refreshing.
36

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Belmont Library Exterior Improvement CCN 2024-632
San Mateo County Libraries (SMCL) has engaged Noll & Tam Architects to develop a new flooring layout and interior and exterior color schemes. New paint and flooring will give the already beautiful Belmont Library a refreshed, modern look while preserving its charm. The carpet, inspired by the texture of bark, connects the space to its local natural surroundings. Together with updated paint and acoustical wallcoverings and, upon completion of the painting and flooring, new furnishings, these changes will make the Library feel new and inviting, enhancing its appeal for visitors. The interior paint and flooring improvement proposal is expected soon. To allow contractors to work as efficiently as possible, the interior work will require the closure of the Library for several weeks. The exterior painting may occur earlier this fall, weather and contract processing-permitting.

As the owner of the building, the City is responsible for executing these building improvements. SMCL will manage the temporary relocation of its collection, shelving, and equipment, and will install new furnishings upon project completion.

Procurement
The City of Belmont, a member (member ID #94356) of the Sourcewell service cooperative (formerly National Joint Powers Alliance (NJPA)), has successfully utilized Sourcewell's cooperative purchase contracts in the past.

For this project, staff collaborated with Gordian, a Sourcewell-approved project management and contractor sourcing company. Gordian then identified Staples Construction Company as a Sourcewellapproved contractor. In response to Sourcewell’s Invitation for Bid # CA-101723 on October 17, 2023.

Staples submitted a proposal for general building and construction services. Following Sourcewell’s responsive bid review and evaluation process, as one of the lowest responsive and responsible bidder Staples Construction Company now holds a multiyear contract through the Sourcewell General Services Cooperative Purchasing Agreement (Contract Number CA-R4-GB-101723-STA), providing general building and construction services to Sourcewell/NJPA members across California. Selecting a contractor with an active Sourcewell contract aligns with the City of Belmont’s procurement policies, allowing for the procurement of construction services in the open market as an approved alternative to competitive bidding.

Several site visits and meetings were conducted with City and SMCL staff, Staples Construction Company and Gordian to develop and refine the scope of work for exterior improvements (Attachment C). Following this, Staples Construction Company submitted a proposal which was reviewed by City staff. Staff determined that the proposed add alternate to paint the mechanical pit is not needed. Pending City Council approval, work would be scheduled to begin in the fall of 2024 and is expected to be completed by the end of the year, weather permitting.

Estimated cost for this project:
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Belmont Library Exterior Improvement CCN 2024-632
CCN-2024-632 –
Library Exterior
Staples Construction
Company
$131,148.58
Less: Add Alternate
Subtotal
15% Contingency
$7,554.07
$123,594.51
$18,539.18
Total $142,133.69
There are adequate funds available in the FY 2024-2025 CIP Fund for project 8087 to complete the project.

Approval of the motion will authorize the negotiation and execution of contracts with Staples Construction Services for painting the exterior of the Belmont Library for a total amount not to exceed of $142,133.69 which includes a 15% contingency. Separate contracts are proposed to allow each project to proceed on its own timeline.

Alternatives

1. Take No Action

2. Refer to staff for more information
Attachments

A. Exterior improvements prepared by Noll & Tam Architects for San Mateo County Libraries System, Belmont Library.

B. Construction Contract for CCN –2024-632 (Exterior)
C. Exhibit A to Construction Contract - Contractor Proposal (Gordian) D. Exhibit B to Construction Contract - Invitation for Bids (Sourcewell) E. Exhibit C to Construction Contract – Staples Construction Company Contract (Sourcewell) F. General Conditions for CCN 2024-632 and 2024-633
Fiscal Impact
☐ No Fiscal Impact
☒ Funding Source Confirmed:

Funding is budgeted for the Belmont Library’s interior and exterior painting as well as a flooring replacement under project #8087 in the Capital Improvement Program (CIP) Fund 399, with funding coming from the Library Maintenance and Operation Fund.

Source: Purpose: Public Outreach:

Staff Discretionary Action Posting of Agenda

38 Belmont Library Exterior Improvement
City Council Meeting
September 10, 2024
39 9/5/2024 Belmont Library Improvements 2
Background
• Library was built in 2006
• Exterior paint update is needed (industry standard: 5-10 years) • Interior improvements will be proposed soon
40 9/5/2024 Belmont Library Improvements 3
Existing Exterior Paint
41 9/5/2024 Belmont Library Improvements 4
New Exterior Paint
42 9/5/2024 Parks & Recreation Monthly Highlights 5
New Exterior Paint
43 City of Belmont Contract Documents
Project: Library Exterior Painting
City Contract Number 2024-632
Construction Agreement 2023 1 of 15

CONSTRUCTION AGREEMENT
This Construction Agreement (hereinafter “Agreement”) is made and entered into by and between the CITY OF BELMONT, a municipal corporation (hereinafter “City”), and Staples Construction Company (hereinafter “Contractor”).

RECITALS
A. In accordance with the applicable provisions of State law, including the California Public Contract Code, and local law, including the Belmont City Code, the City issued an invitation for competitive bids for this Project.

B. In response to the invitation for bids, the Contractor submitted the Bid Forms (with a Bid Amount of $123,594.51 (not including Add Alternate), which are incorporated herein by reference, which were found by the City to be responsive to the invitation for bids.

C. After reviewing all bids submitted in response to the invitation for bids, the City found the Contractor to be the Lowest Responsible Bidder, and the Awarding Body awarded this Agreement to the Contractor on _September 10, 2024_____ .

D. The Project is more specifically described in the Contract Documents, but generally includes the following items of work interior painting and flooring replacement of the complete Belmont Library located at 1110 Alameda de las Pulgas, Belmont, CA 94002.

NOW THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS:

1. SCOPE OF WORK. The Contractor shall perform, or cause to be performed, the Work described in the Contract Documents (hereinafter “Work”), to the satisfaction of the City Engineer, and subject to the final acceptance by the City.

2. CONTRACT DOCUMENTS.

2.1. List of Contract Documents. The Contract Documents consist of this executed Agreement; all Bidding Documents (including the Invitation for Bids, Instructions to Bidders, Supplemental Instructions to Bidders, Bid Forms, and Addenda (if any) as identified below); the Specifications (including General Conditions, Special Provisions, and all documents incorporated by reference therein, including City Standard Specifications, and Caltrans Standard Specifications), and the Technical Specifications; the Drawings (also referred to as “Plans”); and the Exhibits (including bonds).

2.2. Precedence of Contract Documents. In the event of a conflict between component parts of the Contract Documents, the document highest in precedence shall control. The precedence shall be as follows:

Agreement, as amended by contract change orders.

All Bidding Documents, as amended by Addenda.
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Technical Specifications
Special Provisions.

General Conditions
City Standard Specifications.

Caltrans Standard Specifications (Standard Specifications for Construction of Local Streets and Roads, State of California, July 2006).

Drawings (also referred to as Plans), as defined in attached scope of work Standard Plans and Standard Details.

Exhibits.

2.3. Addenda. The following Addenda are hereby incorporated into the Contract Documents:

No. Date of Issue:
____ ____________
____ ____________
____ ____________

3. CONTRACT TIME.

3.1. After Contractor has provided to City all documents identified in the Instructions to Bidders and the Notice of Award (in a form satisfactory to the City, and in accordance with the requirements of the Contract Documents), City shall schedule the mandatory pre-construction conference, and Contractor shall attend and participate in the pre-construction conference.

3.2. After the pre-construction conference, the City shall issue a Notice to Proceed to Contractor.

The Notice to Proceed will identify the date on which the “Contract Time” commences, and this date may be referred to as the “Contract Commencement Date.” Contractor is authorized to commence Work on the Contract Commencement Date, and Contractor must commence the Work no later than seven days after the Contract Commencement Date. The Work must be diligently prosecuted and all of the Work must be substantially completed within the Contract Time specified in the Invitation For Bids. Time is of the essence in the performance of all obligations under these Contract Documents, and all timing requirements must be strictly adhered to unless otherwise modified by the City in accordance with the Contract Documents. The Contractor must submit all requests for extensions of time to the City, in writing, no later than ten (10) working days after the start of the condition which purportedly caused the delay, and not later than the date on which performance is due.

3.3. Within the time set forth in the Special Provisions (or, if no time is specified in the Special Provisions, with seven (7) calendar days after written request from the City), Contractor shall submit to the City all required documents, including the following:

Contractor’s safety program, and identification of Contractor’s safety officer.

Contractor’s cost distribution schedule of prices (schedule of values). 45 City of Belmont Contract Documents
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Contractor’s Construction Schedule.

Contractor’s schedule of submittals.

Copies of all required documentation for each subcontractor, including: State Contractor’s License, identification of each subcontractors’ authorized representative, copy of contract between Contractor and each subcontractor.

4. CONTRACT AMOUNT. City shall pay to Contractor, for the performance of the Work, the Contract Amount identified in the Bid Documents, subject to adjustment of estimated quantities (to reflect actual work performed by the Contractor), and as modified according to the terms of the Contract Documents. The Contractor’s compensation shall include all costs incurred by the Contractor in the performance of the Work, including: furnishing all labor (including supervision), materials (including the costs of any and all applicable taxes, patent rights, royalties, licenses, and permits), equipment, tools, transportation, and services necessary to complete the Work (including costs to protect the Work, and all damages to the Work prior to acceptance of the Work by the City, unless otherwise specifically provided in the Contract Documents). The Contract Amount identified in the Bid Documents is $123,594.51.

5. LIQUIDATED DAMAGES. If Contractor fails to complete the Work within the Contract Time, Contractor shall pay to the City, as liquidated damages and not as a penalty, the sum specified in the Invitation for Bids for each calendar day after the expiration of the Contract Time that the Work remains incomplete. The City and Contractor agree that in the event the Work is not completed within the Contract Time, the City’s damages would be extremely difficult or impracticable to determine and therefore the City and Contractor agree that the amount stated herein is a reasonable estimate of the amount of such damages. The City may deduct any liquidated damages owed to the City, as determined by the City, from any payments otherwise payable to Contractor under this Contract. Nothing contained herein shall limit the City’s rights or remedies against Contractor for any default other than failure to complete the Work within the Contract Time. This provision for liquidated damages shall not be applicable nor act as a limitation upon the City if Contractor abandons the Work. In such event, Contractor shall be liable to the City for all losses incurred.

6. CONTRACTOR REPRESENTATIVE. At all times during the progress of the Work, Contractor shall have a competent supervisor, foreman, or superintendent (hereinafter “Contractor Representative”) on site with authority to act on behalf of the Contractor. The Contractor Representative shall be authorized by the Contractor to sign, send, and receive all notices contemplated or required by the Contract Documents, and authorized to direct all Work being performed by (or on behalf of) the Contractor. The Contractor shall, at all times, keep the City Engineer informed in writing of the name and telephone number of the Contractor Representative.

Throughout the term of this Contract, Contractor Representative shall meet and confer with the City Engineer in a good faith effort to resolve any outstanding issues related to performance required by the Contract Documents. The Contractor shall, at all times, keep the City Engineer informed in writing of the names and telephone numbers of all subcontractors performing the Work.

7. ACCESS TO THE SITE. In order to permit the City to inspect the Work, the Contractor shall, at all times, provide to the City (including agencies and entities designated by the City) proper and safe access to the Project site, and all portions of the Work, and to all shops wherein portions of the Work are in preparation.
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8. DOCUMENTATION AND RECORD KEEPING.

8.1. Contractor’s Project Records. Contractor’s Project records shall include all of Contractor’s accounting records, employment records, and project work records for all employees, subcontractors, and suppliers, including: the Contract Documents, one record copy of the plans and specifications, change orders, requests for clarifications, instructions from the City, contracts with suppliers and subcontractors, correspondence, submittals, samples, shop drawings, invoices, receipts, vouchers, purchase orders, notes, daily logs, and memoranda relating to the Work.

8.2. Contractor’s Maintenance of Project Records. Contractor shall keep and preserve Project records in accordance with generally accepted accounting principles and state law requirements.

During performance of the Work, Contractor shall keep all of Contractor’s Project records in a secure location at the Project Site. After completion of the Work, Contractor shall maintain the Project records for no less than four years after final completion of the Work.

8.3. Audit by the City. All of Contractor’s Project records, as identified above, shall be made available to the City (including agencies and entities designated by the City), and the Contractor shall provide copies of the Contractor’s records upon request by the City.

9. RESPONSIBILITY OF CONTRACTOR AND SUBCONTRACTORS.

9.1. Contractor is an independent contractor and is solely responsible for all acts of its employees, agents, or subcontractors, including any negligent acts or omissions. Contractor is not City’s employee and Contractor shall have no authority, express or implied, to act on behalf of the City as an agent, or to bind the City to any obligation whatsoever, unless the City provides prior written authorization to Contractor.

9.2. For each subcontractor performing any portion of the Work for this Project, the Contractor shall include a provision in the subcontract documents incorporating by reference the requirements of these Contract Documents, to require the subcontractor to comply with the requirements of these Contract Documents as related to the portion of the Work performed by the subcontractor. This requirement shall specifically include: indemnification of the City (Agreement Section 16), business tax compliance (Agreement Section 12), insurance (Agreement Section 14), and nondiscrimination and compliance with law (Agreement Section 11.1).

10. CONFLICTS OF INTEREST. Contractor (including its employees, agents, and subcontractors) shall not maintain or acquire any direct or indirect interest that conflicts with the performance of this Agreement. In the event that Contractor maintains or acquires such a conflicting interest, any contract (including this Agreement) involving Contractor’s conflicting interest may be terminated by the CITY.

11. COMPLIANCE WITH LAW. The Contractor shall comply with all applicable legal requirements including all federal, state, and local laws (including ordinances, resolutions, and City Regulations), whether or not said laws are expressly stated in this Agreement.

11.1. Nondiscrimination. Contractor shall comply with all applicable federal, state, and local laws regarding nondiscriminatory employment practices, whether or not said laws are expressly stated in this Agreement. Contractor shall not discriminate against any employee or applicant because of 47 City of Belmont Contract Documents
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race, color, religious creed, national origin, physical disability, mental disability, medical condition, marital status, sexual orientation, or sex.

11.2. Labor Compliance. Contractor must comply with all applicable federal, state, and local laws regarding labor compliance, including, but not limited to, all applicable provisions related to working hours, the payment of prevailing wages, travel and subsidence payments, apprentices, payroll records, and labor code penalties (as required by California Labor Code Sections 1720 through 1861, and as outlined in the General Conditions). Copies of the prevailing wage rates are on file with the City Engineer, and shall be made available to any interested party upon request.

See General Conditions Section 19 for more detail.

11.3. Department of Industrial Relations Registration. No contractor or subcontractor may be listed on a bid proposal for or work on a public works project unless registered with the Department of Industrial Relations under Labor Code section 1725.5 or submitting a bid as part of a joint venture authorized by Business and Professions Code Section 7029.1 or by Public Contract Code Section 10164 and 20103.5, provided the contractor is registered to perform public work under Section 1725.5 at the time the contract is awarded.

11.4. Subcontractor Eligibility. Contractor acknowledges that under Public Contract Code Section 6109 no contractor or subcontractor who is ineligible to bid or work on, or be awarded, a public works project under Labor Code Section 1777.1 or 1777.7 may bid on, be awarded, or perform work as a subcontractor on, a public works project. Contractor is prohibited from performing work on a public works project with a subcontractor who is ineligible to perform work on the public works project under Labor Code Section 1777.1 or 1777.7.

12. PERMITS AND LICENSES. The Contractor must obtain and maintain all necessary permits and licenses for the performance of the Work.

12.1. Belmont Business License Tax. Contractor must apply for and pay the business tax and registration tax for a business license, in accordance with the Belmont City Code.

12.2. Fees, Royalties, and Patents. Contractor must pay all license fees and royalties related to or necessary for the Work and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device that is the subject of patent rights or copyrights held by others.

13. IMPROVEMENT SECURITY. Concurrently with the execution of this Agreement by the Contractor, and before the commencement of any Work, the Contractor shall furnish improvement security, in a form substantially the same as that set forth in the Exhibits, attached hereto, or in an alternate form authorized by state law and approved by the City, in the following amounts:

13.1. Faithful Performance security in the amount of 100 % of the Contract Amount to secure faithful performance of this Agreement (until the date on which the City accepts the Work as complete).

13.2. Labor and Material security in the amount of 100% of the Contract Amount to secure payment by the Contractor to laborers and materialmen (until the date on which claims are required to be made by laborers and materialmen pursuant to law). 48 City of Belmont Contract Documents
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13.3. Warranty security in the amount of 10% of the Contract Amount to secure faithful performance of this Agreement (from the date on which the City accepts the Work as complete until one year thereafter).

14. INSURANCE. Contractor must comply with the following insurance specifications. City may modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

14.1. Duration. Throughout the duration of this Agreement, Contractor must maintain insurance to cover Contractor (including its agents, representatives, subconsultants, suppliers, and employees) in connection with the performance of Work under this Agreement, including against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work.

14.2. Minimum Coverage. This Agreement identifies the minimum insurance levels with which Contractor must comply; however, the minimum insurance levels do not relieve Contractor of any other performance responsibilities under this Agreement (including the indemnity requirements).

Contractor must maintain insurance in the following minimum levels:

Workers’ Compensation. Workers’ compensation coverage as required by the State of California, with statutory limits.

Commercial General Liability (CGL). Commercial general liability with coverage at least as broad as ISO form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury in an amount not less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit must apply separately to this project/location or the general aggregate limit must be twice the required occurrence limit.

Employer’s Liability. Employer’s liability in an amount not less than $1,000,000 per accident for bodily injury or disease.

Automobile Liability. Automobile liability with coverage at least as broad as ISO Form Number CA 0001 covering Code 1 (any auto) in an amount not less than $5,000,000 per accident for bodily injury and property damage (coverage required to the extent applicable to Contractor’s vehicle usage in performing services hereunder).

Professional Liability. For design-build projects, or if the Work requires Contractor to provide professional services related to environmental hazards, professional liability in an amount not less than $2,000,000 per occurrence or claim, and not less than $2,000,000 policy aggregate.

Contractors’ Pollution Legal Liability. If the Work involves environmental hazards, Contractors’ pollution legal liability in an amount not less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

Asbestos Legal Liability. If the Work involves asbestos removal, asbestos legal liability in an amount not less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
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Builder’s Risk (Course of Construction). Builder’s risk insurance utilizing an “All Risk” (Special Perils) coverage form in an amount equal to the completed value of the project and no coinsurance penalty provisions.

14.2.8.1. Builder’s Risk insurance must name City as a loss payee as their interest may appear.

14.2.8.2. If the project does not involve new or major reconstruction, at the option of City, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the Entity’s site.

14.3. Additional Coverage. Contractor may carry, at its own expense, any additional insurance it deems necessary or prudent. If Contractor maintains higher levels than the minimums shown above, City is entitled to coverage for the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum levels of insurance and coverage must be available to the City.

14.4. Insurer Qualifications. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the Entity. Exception may be made for the State Compensation Insurance Fund when not specifically rated.

14.5. Umbrella or Excess Policies. Contractor may use umbrella or excess policies to provide the liability limits as required in this Agreement. This form of insurance will be acceptable provided that all of the primary and umbrella or excess policies provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, selfinsured retentions (SIRs), indemnity, and defense requirements. The umbrella or excess policies must be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the additional insureds, whether primary or excess, and which also apply to a loss covered hereunder, may be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.

14.6. Self-Insured Retention and Deductibles. Self-insured retentions (SIR) must be declared to and approved by City.

The City may require Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

Policies must provide, or be endorsed to provide, that self-insured retention may be satisfied by either the named insured or City. Policies must NOT contain any self-insured retention provision that limits the satisfaction of the SIR to the named insured. Policies must provide that defense costs, including allocated loss adjustment expenses, will satisfy the SIR or deductible.
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CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention or deductible that exceeds $50,000 unless approved in writing by City. City may deduct from any amounts otherwise due Consultant to fund any SIR and any deductibles.

Any and all deductibles and SIRs are the sole responsibility of Contractor or subcontractor who procured such insurance and must not apply to the Indemnified Additional Insured Parties.

14.7. Subrogation Waiver. Contractor hereby grants to City a waiver of any right to subrogation which any insurer of Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy must be endorsed with a waiver of subrogation in favor of City for all work performed by Contractor, its employees, agents and subcontractors. This provision applies regardless of whether or not the City has requested or received a waiver of subrogation endorsement from the insurer.

14.8. Verification of Coverage. Concurrently with the execution of this Agreement, Consultant must furnish City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by these insurance specifications and a copy of the declarations and endorsements pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the declarations and endorsements pages are to be received and approved by City before work commences. However, failure to provide the required documents before work begins will not waive the Consultant’s obligation to provide them. City may require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

14.9. Endorsements. The insurance policies must be endorsed as follows:

For commercial general liability and automobile liability insurance, the City (including its elected officials, employees, and agents) must be named as an additional “insured”. The endorsement must include liability arising out of work or operations performed by or on behalf of Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired or borrowed by or on behalf of Contractor. For commercial general liability, the policy must be endorsed with a form at least as broad as ISO form CG 20 10, GC 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used.

Contractor’s insurance is primary to any other insurance (including self-insurance) available to the City (including its elected officials, employees, and agents) with respect to any claim arising out of this Agreement. Any insurance maintained by the City shall be excess of the Contractor’s insurance and shall not contribute with it.

No policy shall be canceled, limited, or allowed to expire without renewal until after 30 days written notice has been given to the City by first class mail.

14.10. Claims Made Policies. If any required coverage is made on a claims-made form:

The “Retro Date” must be shown, and must be before the date of the contract or the beginning of contract work.
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Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a “Retro Date” prior to the contract effective date, Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

A copy of the claims reporting requirements must be submitted to City for review.

If the services involve lead-based paint or asbestos identification/remediation, Contractor’s Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, Contractor’s Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.

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

15. REPORTING DAMAGES. If any damage (including death, personal injury or property damage) occurs in connection with the performance of this Agreement, Contractor must immediately notify the City Risk Manager’s office by email at [email protected], and Consultant shall promptly submit to the City’s Risk Manager and the City’s Authorized Representative, a written report (in a form acceptable to the City) with the following information: (a) name and address of the injured or deceased person(s), (b) name and address of witnesses, (c) name and address of Consultant's insurance company, and (d) a detailed description of the damage and whether any City property was involved.

16. RESPONSIBILITY FOR LOSS.

16.1. The City and its elected officials, officers, employees, agents and volunteers, shall not be answerable or accountable in any manner: for any loss or damage that may happen to the work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the work; for injury to or death of any person (including but not limited to workers or the public) from any cause whatsoever; or for damage to property from any cause whatsoever.

16.2. The Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person (including but not limited to workers and the public) or damage to property resulting from defects or obstructions or from any cause whatsoever during the progress of the work or at any time before its completion and final acceptance. The Contractor shall indemnify and save harmless the City of Belmont and its elected officials, officers, employees, agents and volunteers from all claims, suits or actions of every name, kind and description brought for, or on account of, injuries to or death of any person (including but not limited to employees of Contractor, of subcontractor, or of any other person, firm or entity and the public) or damage to property arising from any cause whatsoever during the progress of the work or at any time before its final completion and acceptance. Contractor’s indemnification shall specifically include, but not be limited to, all claims arising out of: contract claims, property damage, personal injury, and any 52 City of Belmont Contract Documents
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infringement of patent rights or copyrights incidental to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. Contractor’s indemnification shall include any and all costs, expenses, court costs, attorneys’ fees and liability incurred by the City in enforcing the provisions of this section, and in defending against such claims, whether the same proceed to judgment or not. Contractor shall reimburse City for any expenditures City incurs by reason of such matters. The duty of the Contractor to indemnify and save harmless includes the duties to defend as set forth in Section 2778 of the Civil Code. This indemnification shall survive termination of the Contract.

The Contractor waives any and all rights to any type of express or implied indemnity against the City, and its officers, officials, agents, employees and volunteers. It is the intent of the parties that the Contractor shall indemnify and hold harmless the City, and its elected officials, officers, agents, employees and volunteers from any and all claims, suits, or actions arising from any cause whatsoever as set forth above regardless of the existence or degree of fault or negligence on the part of the City, the Contractor, the subcontractor or employee of any of these, other than the sole negligence, active negligence or willful misconduct of the City, and its elected officials, officers, agents, employees and volunteers.

16.3. In addition to any remedy authorized by law, so much of the money due the Contractor under and by virtue of the Agreement as shall be considered necessary by the City may be retained by the City until disposition has been made of such suits or claims for damages as aforesaid.

16.4. Neither the elected officials, officers, agents, employees not volunteers of City, nor any officer or employee of any county, city or district shall be personally responsible for any liability arising under or by virtue of the Agreement.

16.5. Nothing in the Agreement is intended to make the public or any person a third party beneficiary under this Contract, nor is any term and condition or other provision of the Agreement intended to establish a standard of care owed to the public or any member thereof. Attention is directed to Section 23, “Insurance Hold Harmless,” of the General Conditions for the Contractor's responsibility for providing and maintaining insurance.

17. ACCEPTANCE OF WORK. Before acceptance of the Work by the City, the Contractor shall be solely responsible for maintaining the quality of the Work, and maintaining safety at the Project site.

The Contractor’s obligation to perform the Work shall not be satisfied until after the City Engineer has made a written determination that all obligations of the Agreement have been satisfied and all outstanding fees and charges have been paid, and the City has accepted the Work as complete.

18. WARRANTY.

18.1. Quality of Work. Contractor warrants to the City that all materials and equipment used in or incorporated into the Work will be of good quality, new, and free of liens, claims, and security interests of third parties; and that the Work will be of good quality and free from defects; and that the Work will conform with the requirements of the Contract Documents.

18.2. Documentation of Warranty. If required by the City Engineer, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. If required by the 53 City of Belmont Contract Documents
Project: Library Exterior Painting
City Contract Number 2024-632
Construction Agreement 2023 11 of 15
Contract Documents, the Contractor shall provide a written warranty from the manufacturer or supplier.

18.3. Warranty Period. The Contractor shall warrant the quality of the Work, in accordance with the terms of the Contract Documents, for the “Warranty Period.” The Warranty Period shall be a one year period (unless a longer period of time is specified in the Contract Documents) commencing as follows: (a) for any Work not identified as incomplete in the Certificate of Substantial Completion, commencing on the date of Substantial Completion; and (b) for any Work that is identified as incomplete in the Certificate of Substantial Completion, commencing on the date of Final Completion.

18.4. Default During Warranty Period. In the event that (during the Warranty Period) any portion of the Work is determined by the City Engineer to be defective as a result of an obligation of the Contractor under this Agreement (including any faulty workmanship or material, or any failure of the Work to operate in accordance with the requirements of the Contract Documents), the Contractor shall be in default.

19. DEFAULT.

19.1. Notice of Default. In the event that the Contractor is in default of this Agreement, as defined in this section, the City Engineer shall provide written notice to the Contractor and the Contractor’s surety (if any) in which the default is described.

19.2. Circumstances Constituting Default. Contractor shall be in default of this Agreement if the City Engineer determines that any one of the following conditions exists:

Contractor fails to perform any portion of the Work in accordance with the timing requirements of the Construction Schedule.

Contractor abandons the Project site.

Contractor fails to replace or repair any damage caused by Contractor or its agents, representatives, contractors, subcontractors, or employees in connection with performance of the Work.

Contractor fails to supply workers, subcontractors, or other personnel with the skills, certifications, or licenses required by the Contract Documents.

Contractor violates any legal requirement related to the Work.

Contractor is insolvent, files for bankruptcy, makes a general assignment for the benefit of its creditors, or fails to pay its debts as they become due.

Contractor fails to perform any portion of the Work in accordance with the requirements of the Contract Documents.

19.3. City Remedies. The City may, in the discretion of the City Engineer, take any or all of the actions identified in this subsection, if the Contractor fails to: (a) promptly commence, and diligently and continuously prosecute the cure of the default, or (b) within ten (10) days, cure the default, or provide adequate written assurance to the satisfaction of the City Engineer that the cure will be promptly commenced and diligently prosecuted to its completion:
54 City of Belmont Contract Documents
Project: Library Exterior Painting
City Contract Number 2024-632
Construction Agreement 2023 12 of 15
Demand the Contractor to complete performance of the Work (including repair, or removal and replacement, of nonconforming Work).

Issue a Notice of Suspension of Work, by which the Contractor shall suspend all Work except for those portions of the Work authorized by the Notice, and for which the Contractor shall not be entitled to any adjustment of the Contract Amount or Contract Time. Notwithstanding the timing requirements of this Section 19.3, if the City Engineer determines that a default may have a potentially adverse impact on the safety of persons or property (including but not limited to a failure by the Contractor to maintain documentation of insurance or improvement security as required by this Agreement), the City Engineer may immediately issue a Notice of Suspension of Work in accordance with this subsection.

Cure the default and charge the Contractor for all costs resulting therefrom, including administrative costs (including City staff costs, City consultant costs, and attorney’s fees) and interest in an amount equal to seven percent (7 %) per annum from the date of default, which charge may be deducted by the City from amounts otherwise payable to the Contractor.

Remove the Contractor from the site and demand the Contractor’s surety (if any) to complete performance of the Work.

Take possession of the Project site and all materials, supplies, equipment, tools, and construction equipment and machinery thereon owned by Contractor; accept the assignment of any or all of the subcontracts; and then complete the Work by any method the City may deem expedient. If requested by the City, Contractor shall remove any part or all of Contractor’s materials, supplies, equipment, tools, and construction equipment and machinery from the Project site within seven (7) days of such request; and if Contractor fails to do so, the City may remove or store, and after ninety (90) days sell, any of the same at Contractor’s expense.

Terminate the Contract.

19.4. Termination for Default. In the event that the Contract is terminated by the City in accordance with this section:

Contractor shall not be entitled to receive any further payment until the expiration of thirtyfive (35) days after Final Completion and acceptance of all Work by the City If the unpaid balance of the Contract Amount (to which the Contractor is otherwise entitled in accordance with the Contract) exceeds the cost of completing the Work (including all additional costs and expenses made necessary thereby, plus all losses sustained, including any liquidated damages provided under the Contract Documents), such excess shall be paid to Contractor. If the cost of completing the Work exceeds the unpaid balance of the Contract Amount, Contractor shall pay such excess to the City.

No termination or action taken by the City after termination shall prejudice any other rights or remedies of the City provided by law or by the Contract Documents upon such termination; and the City may proceed against Contractor to recover all losses suffered by the City.

20. NOTICES. All notices or demands which the Contract Documents contemplates or requires shall be in writing and shall be delivered to the respective party as set forth in this section.

Communications shall be deemed to be effective on the first to occur of: (a) actual receipt by a party’s Authorized Representative; (b) actual receipt at the address designated below; or (c) three working 55 City of Belmont Contract Documents
Project: Library Exterior Painting
City Contract Number 2024-632
Construction Agreement 2023 13 of 15
days following the deposit in the United States Mail of registered or certified mail, sent to the address designated below. The Authorized Representative of either party may modify their respective contact information identified in this section by providing notice to the other party.

TO: City of Belmont To: Contractor
Attn:. Brigitte Shearer Attn: XXXXXXXXXXXXX
Belmont Parks and Recreation Staples Construction Company 30 Twin Pines Lane XXXXXXXXXXXXX
Belmont, CA 94002 XXXXXXXXXXXXX

21. HEADINGS. The heading titles for each paragraph of the Contract Documents are included only as a guide to the contents and are not to be considered as controlling, enlarging, or restricting the interpretation of the Contract Documents.

22. SEVERABILITY. If any term of the Contract Documents (including any phrase, provision, covenant, or condition) is held by a court of competent jurisdiction to be invalid or unenforceable, the Contract Documents shall be construed as not containing that term, and the remainder of this Agreement shall remain in full force and effect; provided, however, this section shall not apply to the extent that enforcement of the Contract Documents without the term would be grossly inequitable under all the circumstances or would frustrate the purposes of the Contract Documents.

23. INTERPRETATION OF CONTRACT DOCUMENTS.

23.1. Governing Law, Jurisdiction, and Venue. The interpretation, validity, and enforcement of the Contract Documents shall be governed by and construed under the laws of the State of California. Any suit, claim, or legal proceeding of any kind related to this Agreement shall be filed and heard in a court of competent jurisdiction in the County of San Mateo.

23.2. Industry Standards. When Contract terms have a customary technical or trade meaning, the terms shall be interpreted in accordance with that meaning.

23.3. Standard Specifications and Codes. References to any regulations (including: standard specifications, manuals or codes of a technical society, organization or association; or laws or regulations of any governmental authority) shall mean the regulations in effect at the time of the Bid Opening, unless otherwise specifically identified in the Contract Documents.

24. ATTORNEY’S FEES. In the event any legal action is commenced to enforce the Contract Documents, the prevailing party is entitled to reasonable attorney’s fees, costs, and expenses incurred, not to exceed $10,000.

25. ASSIGNMENT AND DELEGATION.

25.1. Assignment of The Contract Documents. The Contract Documents, and any portion thereof, shall not be assigned or transferred, nor shall any of the Contractor’s duties be delegated, without the written consent of the City. Any attempt to assign or delegate the Contract Documents without 56 City of Belmont Contract Documents
Project: Library Exterior Painting
City Contract Number 2024-632
Construction Agreement 2023 14 of 15
the written consent of the City shall be void and of no force or effect. A consent by the City to one assignment shall not be deemed to be a consent to any subsequent assignment.

25.2. Antitrust Claims. As required by the instructions to bidders and Government Code Section 4552, the Contractor hereby agrees to assign to the City, all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Action (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the California Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor, without further acknowledgment by the parties. The Contractor further warrants that all goods, services, and materials provided to the City in accordance with this Contract are free and clear of all liens and encumbrances.

26. MODIFICATIONS. The Contract Documents may not be modified orally or in any manner other than by an agreement of the parties, in writing, in accordance with requirements of the Contract Documents.

27. WAIVERS. Waiver of a breach or default under the Contract Documents shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of the Contract Documents.

28. CONFLICTS. If any conflicts arise between the terms and conditions of this Agreement and the terms and conditions of the attached exhibits or any documents expressly incorporated, the terms and conditions of this Agreement shall control.

29. ENTIRE AGREEMENT. The Contract Documents, including all documents incorporated herein by reference, comprise the entire integrated understanding between the City and Contractor concerning the Work to be performed for this Project. The Contract Documents supersede all prior negotiations, agreements, and understandings regarding this matter, whether written or oral. The Contract Documents are complementary; what is called for in one is binding as if called for by all.

To the extent that portions of the Contract Documents are not attached to this Agreement, they shall be deemed incorporated herein by reference.

30. SIGNATURES. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute the Contract Documents on behalf of the respective legal entities of the Contractor and the City. The Contract Documents shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.

IN WITNESS WHEREOF the City and the Contractor do hereby agree to the full performance of the terms set forth herein.
57 City of Belmont Contract Documents
Project: Library Exterior Painting
City Contract Number 2024-632
Construction Agreement 2023 15 of 15

CITY OF BELMONT
By:

Afshin Oskoui, City Manager
Date:

CONTRACTOR
By:

(print name) (print title)
Date:

APPROVED AS TO FORM

Scott M. Rennie, City Attorney
By:

(print name) (print title)
Date:

FUNDING VERIFIED

Grace Castaneda, Finance Director
58 Construction Agreement 2023 1 of 2
INSTRUCTIONS FOR SIGNATURES – DO NOT INCLUDE WITH SIGNED CONTRACT **************************************************************************************************** [PLEASE SELECT THE APPROPRIATE SIGNATURE BLOCK FROM THE FOLLOWING SAMPLES]

CORPORATIONS
XYZ Land Development Inc,
a California corporation
By: __________________

Its: __________________
[needs to be officer from the operations side:

President, CEO, Vice President]
By: ___________________
Its: ______________________
[needs to be officer from the finance side: Treasurer, CFO, Secretary] One corporate signature is acceptable if the person is an officer if the signature is notarized (although we would like you to ask for a corporate resolution showing that person is authorized to sign). A single signature where the person is not a corporate officer – eg general manager, etc – must be supported by a corporate resolution indicating that person has been delegated authority to sign contracts on behalf of the corporation

GENERAL PARTNERSHIPS
XYZ Land Development,
a California general partnership
By: _____________________

Its: General Partner

LIMITED PARTNERSHIPS
XYZ Land Development, LLP,
A California limited partnership
By: _______________________
Its: General Partner
[need limited partnership agreement or certificate filed with state showing the person or entity is the general partner] In many cases the general partner will be a corporation so the signature block would look like this:

XYZ Land Development, LP,
A California limited partnership
By: ABC Developers, Inc,
a California corporation
Its: General Partner
By: ____________________
59 Construction Agreement 2023 2 of 2
Its: President, CEO, VP
By: ________________________

Its: Secretary, Treasurer, CFO

LIMITED LIABILITY COMPANY
XYZ Land Development, LLC,
a California Limited Liability Company
By: ______________________
Its: Managing Member
[we need to see the operating agreement or certificate filed with secretary of state showing the person or entity is the managing member]
If the Managing Member is not an individual, but is a business entity then you would indent the signature block for the appropriate persons to sign as in the example for the limited partnership above. 60 City of Belmont Contract Documents
Project: Library Exterior Painting
City Contract Number 2024-632
NOTARY ACKNOWLEDGMENT FOR SURETY AND SURETY’S POWER OF ATTORNEY MUST BE ATTACHED.

Payment Bond 1 of 1
PAYMENT BOND Bond No. ___________
WHEREAS, ___________________________________________(“Principal”) has entered into an Agreement with the City of Belmont (“City”) to perform the Project identified on this Bond, the terms and conditions of which are incorporated herein by reference; and the terms of the Agreement require the Principal to submit payment (labor & material) to secure the claims made under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.

NOW, THEREFORE, Principal and _________________________________ (“Surety”), are held firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Agreement and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sum of $_________________, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by county (or city) in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.

The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition.

IN WITNESS WHEREOF, the undersigned represent and warrant that they have the right, power, legal capacity, and authority to enter into and execute this document on behalf of the Principal and the Surety, and have caused this document to be executed by setting hereto their names, titles, and signatures.

Principal

By:

Title:

Date:

Surety

By:

Title:

Date:

Address for Notices to Surety:
61 City of Belmont Contract Documents
Project: Library Exterior Painting
City Contract Number 2024-632
Maintenance Bond 1 of 1

MAINTENANCE BOND
(To be executed after acceptance of project by the City Council) KNOW ALL MEN BY THESE PRESENTS, that we, ______________________ as Principal, and ___________________________________, as Surety, are held and firmly bound unto the City of Belmont (hereinafter called the Obligee), in the penal sum of ____________________________________________ Dollars ($___________) for the payment of which, well and truly to be made, we do hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, Principal has heretofore entered into a contract with the Obligee for the _____________________________________Project, City Contract No.______________; and,
WHEREAS, the work called for under the contract has now been completed and accepted by Obligee;
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the Principal shall for a period of one (1) year from and after the date of the completion and acceptance of the contract indemnify the Obligee against any loss or damage directly arising by reason of any defect in the material or workmanship that may be discovered within the period aforesaid, then this obligation shall be void; otherwise to remain in full force and effect.

All suits at law or proceedings in equity to recover on this bond must be instituted within twelve (12) months after the expiration of the maintenance period provided for herein.

Principal: _______________________ Surety: _______________________ Corporate Seal (where appropriate) Corporate Seal (where appropriate) _______________________________ _______________________________ Authorized Signature Authorized Signature
_______________________________ _______________________________ Printed name and title Printed name and title
_______________________________ _______________________________ Date Date
_______________________________ _______________________________ Street Address Street Address
_______________________________ _______________________________ City, State, Zip Code City, State, Zip Code
62 Work Order Signature Document
EZIQC Contract No.: CA-R4-GB-101723-STA
Belmont Library Exterior Painting
New Work Order
132670.00
Modify an Existing Work Order
Work Order Title:

Work Order Number.: Work Order Date:

X
09/05/2024
Contractor Name:

Contact:

Phone:

Contact:

Phone:

Mark Hodge
(916) 210 8130
Owner Name: City of Belmont Belmont Parks & Recreation
Brigitte Shearer
(650) 595-7488
Staples Construction Company, Inc.

Work to be Performed
Work to be performed as per the Final Detailed Scope of Work Attached and as per the terms and conditions of Sourcewell EZIQC Contract No CA-R4-GB-101723-STA.

Brief Work Order Description:

Exterior Paint: • Paint all stucco areas, metal doors and frames • Paint all railings • No flashing/ sheet metal • Add Alt#1 – Mechanical Pit Interior stucco
Liquidated Damages Will apply: Will not apply:

Estimated Completion Date:

Time of Performance Estimated Start Date:

X
Work Order Firm Fixed Price: $131,148.58
Owner Purchase Order Number:

Approvals
City of Belmont Belmont Parks & Recreation Date Contractor Date

2.00

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9/5/2024
Work Order Signature Document
63 3.00
Detailed Scope of Work
To: Mark Hodge From: Brigitte Shearer
Staples Construction Company City of Belmont Belmont Parks & Recreation 6510 Lonetree Boulevard, Suite 101 30 Twin Pines Lane
Rocklin, CA 95765 Belmont, CA 94002
(916) 210 8130 (650) 595-7488
Work Order Number:

Date Printed: September 05, 2024
132670.00
Work Order Title: Belmont Library Exterior Painting
Brief Scope: Exterior Paint: • Paint all stucco areas, metal doors and frames • Paint all railings • No flashing/ sheet metal • Add Alt#1 – Mechanical Pit Interior stucco Preliminary Revised X Final
The following items detail the scope of work as discussed at the site. All requirements necessary to accomplish the items set forth below shall be considered part of this scope of work.

See attached.

Subject to the terms and conditions of EZIQC Contract CA-R4-GB-101723-STA.

Contractor Date
City of Belmont Belmont Parks & Recreation Date

Page 1 of 1 ends

9/5/2024
Scope of Work
64 4.00
Contractor's Price Proposal - Summary
Owner PO #:

Belmont Library Exterior Painting
132670.00
IQC Master Contract #: CA-R4-GB-101723-STA
Work Order #:

Title:

Re:

Date: September 05, 2024
Proposal Value:

Contractor: Staples Construction Company, Inc.
$131,148.58
Add Alt Mechanical Pit $7,554.07
Section - 01 $30,793.56
Section - 07 $8,912.58
Section - 09 $83,888.37
Proposal Total
Thisl total represents the correct total for the proposal. Any discrepancy between line totals, sub-totals and the proposal total is due to rounding.
$131,148.58

Page 1 of 1 ends

9/5/2024
Contractor's Price Proposal - Summary
65 5.00
Contractor's Price Proposal - Detail
Belmont Library Exterior Painting
132670.00
IQC Master Contract #: CA-R4-GB-101723-STA
Work Order #:

Owner PO #:

Title:

Re:

Date: September 05, 2024
Proposal Value:

Contractor: Staples Construction Company, Inc.
$131,148.58
Labor Equip. Material (Excludes)
Sect. Item Mod. UOM Description Line Total
Add Alt Mechanical Pit
1 07 92 13 00 0005 CLF 3/8" x 3/8" Joint, Silicone Sealant And Caulking $1,143.03 Installation x x = 1,143.03
Quantity Unit Price Factor Total

1.50 476.32 1.5998
Quantity captures multiple passes.
2 07 92 13 00 0005 0092 MOD For Custom Match Coloring, Add $72.33 Installation x x = 72.33
Quantity Unit Price Factor Total

1.50 30.14 1.5998
3 07 92 13 00 0005 0099 MOD For Up To 2.5 CLF, Add $64.70 Installation x x = 64.70
Quantity Unit Price Factor Total

1.50 26.96 1.5998
4 09 01 90 52 0006 SF Hand Scrape, Concrete And Masonry Surfaces, Surface Preparation $259.17 Installation x x = 259.17
Quantity Unit Price Factor Total
225.00 0.72 1.5998
Used to prep other than normal damaged areas to prepare for priming and painting. Estimated 20% of 1125 SF = 225 SF
5 09 01 90 52 0006 0326 MOD For >100 To 250, Add $129.58 Installation x x = 129.58
Quantity Unit Price Factor Total
225.00 0.36 1.5998
09 01 90 52 0053 2,000 To 5,000 PSI Pressure Wash Plaster/Stucco Surfaces, Surface Preparation
6 SF $1,025.87
Installation x x = 1,025.87
Quantity Unit Price Factor Total
1,125.00 0.57 1.5998
7 09 91 13 00 0098 SF 1 Coat Primer, Sprayed, Paint Exterior Stucco Walls $1,457.82 Installation x x = 1,457.82
Quantity Unit Price Factor Total
1,125.00 0.81 1.5998
Used to prime exterior mechanical pit walls.
8 09 91 13 00 0100 SF 2 Coats Paint, Sprayed, Paint Exterior Stucco Walls $3,401.57 Installation x x = 3,401.57
Quantity Unit Price Factor Total
1,125.00 1.89 1.5998
Used to paint exterior mechanical pit walls
Subtotal for Add Alt Mechanical Pit $7,554.07
Section - 01
01 22 16 00 0002 Reimbursable FeesReimbursable Fees will be paid to the contractor for eligible costs as directed by Owner. Insert the appropriate quantity to adjust the base cost to the actual Reimbursable Fee. If there are multiple Reimbursable Fees, list each one separately and add a comment in the "note" block to identify the Reimbursable Fee (e.g. sidewalk closure, road cut, various permits, extended warranty, expedited shipping costs, etc.). A copy of each receipt, invoice, or proof of payment shall be submitted with the Price Proposal. 9 EA $2,823.16
Installation x x = 2,823.16
Quantity Unit Price Factor Total
2,566.51 1.00 1.1000
Used for the estimated bond if required. Proposal before bond $128,325.42 x 2% = $2,566.51

Page 1 of 4 ends

9/5/2024
Contractor's Price Proposal - Detail
66 Contractor's Price Proposal - Detail Continues..

Work Order Title:

Work Order Number: 132670.00
Belmont Library Exterior Painting
Section - 01
10 01 22 23 00 0029 WK 60' Engine Powered, Articulating (Up/Over) Boom Man Lift With Platform $14,474.99 Installation x x = 14,474.99
Quantity Unit Price Factor Total

6.00 1,508.00 1.5998
Two articulating man lifts for 3 weeks each for the exterior prep and painting. 11 01 22 23 00 0062 WK 30' Electric, Scissor Platform Lift $3,131.80 Installation x x = 3,131.80
Quantity Unit Price Factor Total

3.00 652.54 1.5998
Used to assist in painting stucco walls and ceilings.
12 01 56 16 00 0002 SF 6 Mil, Plastic Sheeting, Applied To Floors $1,151.86 Installation x x = 1,151.86
Quantity Unit Price Factor Total
2,000.00 0.36 1.5998
Used to cover equipment, bushes, or any other obstructions in the way during painting. (2) rolls of 100' x 10 - 2000 SF
13 01 56 16 00 0003 SF 6 Mil, Plastic Sheeting, Applied To Walls $1,471.82 Installation x x = 1,471.82
Quantity Unit Price Factor Total
2,000.00 0.46 1.5998
Used to cover equipment, windows, or any other obstructions in the way during painting. (2) rolls of 100' x 10 - 2000 SF
01 57 23 00 0003 36" x 48" x 18" Non-Woven Polypropylene Oil and Sediment Drain Guard (Ultra-Drain Guard® 9217)Up to 0.87 gallons oil, up to 40 lbs sediment. 14 EA $654.38
Installation x x = 654.38
Quantity Unit Price Factor Total

4.00 102.26 1.5998
Used for protecting drains around the property when spraying the building off. 01 71 13 00 0004 First 25 Miles, Equipment Delivery, Pickup, Mobilization And Demobilization Using A Tractor Trailer With Up To 53' BedIncludes loading, tie-down of equipment, delivery of equipment, off loading on site, rigging, dismantling, loading for return and transporting away. For equipment such as bulldozers, motor scrapers, hydraulic excavators, gradalls, road graders, loader-backhoes, heavy duty construction loaders, tractors, pavers, rollers, bridge finishers, straight mast construction forklifts, telescoping boom rough terrain construction forklifts, telescoping and articulating boom man lifts with >40' boom lengths, etc.
15 EA $7,085.55
Installation x x = 7,085.55
Quantity Unit Price Factor Total

3.00 1,476.34 1.5998
Used to deliver and pickup two man reach lift and 1 scissor lift for the exterior painting work.

Subtotal for Section - 01 $30,793.56
Section - 07
16 07 92 13 00 0005 CLF 3/8" x 3/8" Joint, Silicone Sealant And Caulking $8,382.18 Installation x x = 8,382.18
Quantity Unit Price Factor Total

11.00 476.32 1.5998
Quantity captures multiple passes.
17 07 92 13 00 0005 0092 MOD For Custom Match Coloring, Add $530.40 Installation x x = 530.40
Quantity Unit Price Factor Total

11.00 30.14 1.5998
Subtotal for Section - 07 $8,912.58
Section - 09

Page 2 of 4 ends

9/5/2024
Contractor's Price Proposal - Detail
67 Contractor's Price Proposal - Detail Continues..

Work Order Title:

Work Order Number: 132670.00
Belmont Library Exterior Painting
Section - 09
18 09 01 90 52 0006 SF Hand Scrape, Concrete And Masonry Surfaces, Surface Preparation $2,960.27 Installation x x = 2,960.27
Quantity Unit Price Factor Total
2,570.00 0.72 1.5998
Used to prep other than normal damaged areas to prepare for priming and painting. Estimated 20% of 12853 SF = 2570 SF
19 09 01 90 52 0021 SF Power Tool Cleaning, Metal Surfaces, Surface Preparation $1,500.61 Installation x x = 1,500.61
Quantity Unit Price Factor Total
700.00 1.34 1.5998
used to prep all exterior hand rails for paint.
09 01 90 52 0053 2,000 To 5,000 PSI Pressure Wash Plaster/Stucco Surfaces, Surface Preparation
20 SF $11,720.47
Installation x x = 11,720.47
Quantity Unit Price Factor Total
12,853.00 0.57 1.5998
21 09 01 90 52 0053 0343 MOD For >10,000 To 15,000, Deduct -$1,028.11 Installation x x = -1,028.11
Quantity Unit Price Factor Total
12,853.00 -0.05 1.5998
22 09 91 13 00 0095 SF 1 Coat Primer, Brush/Roller Work, Paint Exterior Stucco Walls $3,253.13 Installation x x = 3,253.13
Quantity Unit Price Factor Total
1,738.00 1.17 1.5998
Used to prime the exterior stucco ceilings.
23 09 91 13 00 0097 SF 2 Coats Paint, Brush/Roller Work, Paint Exterior Stucco Walls $6,784.30 Installation x x = 6,784.30
Quantity Unit Price Factor Total
1,738.00 2.44 1.5998
Used to paint exterior stucco ceilings.
24 09 91 13 00 0098 SF 1 Coat Primer, Sprayed, Paint Exterior Stucco Walls $16,655.41 Installation x x = 16,655.41
Quantity Unit Price Factor Total
12,853.00 0.81 1.5998
25 09 91 13 00 0100 SF 2 Coats Paint, Sprayed, Paint Exterior Stucco Walls $38,862.61 Installation x x = 38,862.61
Quantity Unit Price Factor Total
12,853.00 1.89 1.5998
26 09 91 13 00 0240 EA 1 Coat Primer, Brush/Roller Work, Paint Exterior Metal DoorOne face $180.87 Installation x x = 180.87
Quantity Unit Price Factor Total

2.00 56.53 1.5998
27 09 91 13 00 0242 EA 2 Coat Paint, Brush/Roller Work, Paint Exterior Metal DoorOne face $325.14 Installation x x = 325.14
Quantity Unit Price Factor Total

2.00 101.62 1.5998
09 91 13 00 0372 1 Coat Alkyd Enamel Paint, Brush/Roller Work, 2 Rails, Paint Pipe Rail And Pickets
28 LF $993.88
Installation x x = 993.88
Quantity Unit Price Factor Total
175.00 3.55 1.5998
09 91 13 00 0373 2 Coats Alkyd Enamel Paint, Brush/Roller Work, 2 Rails, Paint Pipe Rail And Pickets
29 LF $1,679.79
Installation x x = 1,679.79
Quantity Unit Price Factor Total
175.00 6.00 1.5998
Subtotal for Section - 09 $83,888.37

Page 3 of 4 ends

9/5/2024
Contractor's Price Proposal - Detail
68 Contractor's Price Proposal - Detail Continues..

Work Order Title:

Work Order Number: 132670.00
Belmont Library Exterior Painting
Proposal Total
This total represents the correct total for the proposal. Any discrepancy between line totals, sub-totals and the proposal total is due to rounding.
$131,148.58

Page 4 of 4 ends

9/5/2024
Contractor's Price Proposal - Detail
69 Subcontractor Listing
132670.00
Belmont Library Exterior Painting
IQC Master Contract #: CA-R4-GB-101723-STA
Work Order #:

Owner PO #:

Title:

Re:

Date: September 05, 2024
Proposal Value:

Contractor: Staples Construction Company, Inc.
$131,148.58
Name of Contractor Duties Amount %
McLaughlin Painting Exterior Painting $98,000.00 74.72

6.00

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9/5/2024
Subcontractor Listing
70 1824-03 Belmont Library Exterior Painting
Detailed Scope of Work
 Prep and paint the complete exterior stucco of the library.  Prep and paint all the exterior railings
 Prep and Paint two exterior metal doors and frames
 Add Alternate# 1 – Prep and paint the stucco in the mechanical pit.  Prevailing Wages Included
 1-Year Workmanship Warranty Included
Clarifications:

1. It is the owner’s responsibility to trim the bushes, so they are at least 3 inches away from the surfaces to be painted, trees 5’ away from surfaces to be painted and to provide water and electricity

2. We will use man lifts.

3. Not included: Anodized aluminum windows, vinyl windows, window glazing, cement walkways, roof metal HVAC vents, fixing previous patches, fences or any item not mentioned on above scope.

4. All the Kynar Coated Flashings and exterior light fixtures are excluded. 71 72
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IFB #CA 101723
Invitation for Bids
for
Indefinite Delivery Indefinite Quantity
Construction Contracts
in the
State of California
Bid Due Date: October 17, 2023, 4:30 p.m., Central Time Sourcewell, a State of Minnesota local government entity and public agency, is issuing this Invitation for Bids (IFB) on behalf of its participating entities to create indefinite delivery indefinite quantity construction (IDIQ) contracts that may be used by those participating entities for projects related to construction or the repair, alteration, modernization, or renovation of buildings, structures, or other real property.

This IFB consists of the following parts:

1. Invitation for Bids, including Map of Regions

2. Template IDIQ Construction Contract

3. IDIQ Contract General Terms and Conditions

4. Construction Task Catalog

5. Technical Specifications
A full copy of the IFB can be found on the Sourcewell Procurement Portal (https://proportal.sourcewell mn.gov), and only bids submitted through the Sourcewell Procurement Portal will be considered. Bids are due no later than October 17, 2023, at 4:30 p.m. Central Time, and late bids will not be considered.

Solicitation Schedule Notice of Solicitation Published: September 12, 2023 Pre bid Conference: September 26, 2023, 12:00 p.m., Central Time Question Submission Deadline: October 10, 2023, 4:30 p.m., Central Time Bid Due Date: October 17, 2023, 4:30 p.m., Central Time Late responses will not be considered.

Opening: October 17, 2023, 6:30 p.m., Central Time
See Article VII. G. for more information.
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I. ABOUT SOURCEWELL AND ITS PARTICIPATING ENTITIES
Sourcewell is a State of Minnesota local government and public agency created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that facilitates a competitive public solicitation and contract award process for the benefit of its participating entities across the United States. It has the authority to develop and offer, among other services, joint purchasing services to its participating entities. Sourcewell’s solicitation process complies with State of Minnesota law and policies.

Sourcewell’s participating entities in the State of California may include:

Federal and state government
Cities, towns, and counties/parishes
Education service cooperatives
K 12 and higher education
Tribal government
Some nonprofit
Other public entities
II. INDEFINITE DELIVERY INDEFINITE QUANTITY CONSTRUCTION PROGRAM Sourcewell is soliciting bids for its IDIQ construction program. IDIQ contracting offers participating entities access to competitively solicited and awarded contracts for projects related to construction or the repair, alteration, modernization, or renovation of buildings, structures, or other real property.

Sourcewell has engaged The Gordian Group, Inc. (Gordian) to provide management of its IDIQ construction program. In this role, Gordian provides support to Sourcewell in the administration of the program, including: preparing Construction Task Catalogs and related technical specifications, providing information management systems and licenses to contractors, training to contractors, administering fee collection, consulting services to Sourcewell, and assisting with proposal package or work order development. Participating Entities access Sourcewell IDIQ contracts resulting from this IFB through relevant purchasing authority, and work directly with Contractors awarded through this IFB.

Under IDIQ, an awarded Contractor furnishes management, labor, materials, equipment, and incidental design support needed to perform the work. Details of the program’s operation can be found within the Contract, and General Terms and Conditions document included in this IFB.

III. REQUIRED BIDDER QUALIFICATIONS
In determining a Bidder's responsibility and ability to perform under a Contract, Sourcewell has the right to investigate and request information concerning the financial condition, experience record, personnel, equipment, facilities, business location(s) and organization of the Bidder, the Bidder's record with environmental regulations, and the claims and litigation history of the Bidder. Sourcewell reserves the right to verify the Bidder’s information and may request clarification from a Bidder.

A. A Bidder’s business must be normally engaged in performing the type of work specified within this IFB and must have adequate organization, facilities, equipment, and personnel to ensure prompt and efficient service to a Sourcewell participating entity (as solely determined by Sourcewell). 75 Rev. 4/2023 Sourcewell IFB #CA 101723
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B. Bidders responding to a General Building solicitation must be willing and capable of providing all or a majority of the various types of construction work as specified in the Construction Task Catalog either through its own forces or by using subcontractors. Bidder must provide documentation of all applicable required licensure(s).

C. Bidders responding to Paving, Roofing/Waterproofing, Plumbing, Sanitation System, Flooring, Abatement Services, Landscaping, Painting, Low Voltage Systems, Fire Protection, Mechanical/HVAC, Electrical, Solar, and/or Limited Specialty Contracts (C 61) solicitations must perform at least 51% of all contracted work with its own organization and forces. The percentage calculation does not include field superintendents or office management personnel.

D. Bidders must demonstrate a physical presence within the geographic boundary of the region(s), or adjacent region(s) to which they are bidding as identified in the Map of Sourcewell Contract Regions.

IV. BID OVERVIEW AND PREPARATION INSTRUCTIONS
A. REQUESTED INDEFINITE DELIVERY INDEFINITE QUANTITY CONSTRUCTION SERVICES. The IDIQ services specified include General Building, Paving, Roofing/Waterproofing, Plumbing, Sanitation System, Flooring, Abatement Services, Landscaping, Painting, Low Voltage Systems, Fire Protection, Mechanical/HVAC, Electrical, Solar, and Limited Specialty Contracts. At this time, no specific projects have been identified; work and work volume from any resulting contract are not guaranteed. Specific description of work and summary of duties for each category of construction can be found in the Technical Specifications.

B. PREPARATION INSTRUCTIONS. Strict compliance with the following instructions is required for properly preparing a bid. Before submitting a bid, it is the responsibility of each Bidder to:
1) Examine the IFB Documents thoroughly;
2) Consider all applicable federal, state and local laws, regulations, ordinances, and procurement codes that may affect costs, progress, performance, or furnishing of a participating entity’s work; and,
3) Notify Sourcewell of all conflicts, errors, or discrepancies in the IFB Documents of which Bidder knows.

The submission of a Bid constitutes a representation by the Bidder to Sourcewell that it has complied with the above requirements and that, without exception, its Bid is premised upon performing and furnishing the Work required by this IFB.

Bidders should include all relevant information in its bid. Sourcewell cannot consider information that is not provided in the bid.

C. ESTIMATED CONTRACT VALUE AND USAGE. Based on past volume of similar contracts, the estimated annual value of each contract resulting from this IFB is $5,797,275. Sourcewell anticipates considerable activity under the contract(s) awarded from this IFB; however, work and work volume from any resulting contract are not guaranteed.
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V. BID PRICING
A. CONSTRUCTION TASK CATALOG AND ADJUSTMENT FACTOR. In order to evaluate bid pricing and the retain consistency within contract pricing, Sourcewell uses Gordian’s proprietary Construction Task Catalog (CTC). The CTC as a comprehensive listing of specific repair and construction related Tasks, together with a specific unit of measurement and a pre set unit price (Unit Price). All Unit Prices within the CTC are based on local labor, material, and equipment prices for the direct cost of construction.

Under this IFB, Bidders will offer price adjustments (Adjustment Factors) that will be applied to CTC Unit Prices. The Adjustment Factors represent either an increase to the present Unit Prices (such as 1.1000) or a decrease from the preset Unit Prices (such as 0.9800).

A participating entity’s cost for a specific task will be determined by multiplying the preset Unit Prices by the appropriate quantities and by the appropriate Adjustment Factor (e.g., specific task cost = preset unit price in CTC * quantity needed * Adjustment Factor). 1) Each Bidder must submit 3 Adjustment Factors to be applied to every task in the CTC. The bid must be either an adjustment “decrease from” (e.g. 0.9800) or “increase to” (e.g.

1.1000) the Unit Prices listed in the CTC.
2) The Bidder's Adjustment Factors must include all of the Bidder's direct and indirect costs.

This includes, but is not limited to, its costs for overhead, profit, bond premiums above the reimbursable amount, insurance, mobilization, purchase order proposal development, and all contingencies in connection therewith. See pages 00t 1 – 00 6 of the CTC for a complete explanation of what is and is not included in the Unit Prices. Note, where applicable, the bidder must comply with all applicable prevailing wage laws. The wage rates in the CTC were current at the time these IFB Documents were issued.
a. The first Adjustment Factor will be applied to work to be accomplished during Normal Working Hours and are performed on projects that do require prevailing wage rates.
b. The second Adjustment Factor will be applied to work to be accomplished during Other Than Normal Working Hours and are performed on projects that do require prevailing wage rates.
c. The third Adjustment Factor will be applied to work to be accomplished at secured facilities/OSHPD that do require prevailing wage rates. d. The fourth Adjustment Factor will be applied to work to be accomplished on all union wage projects.
e. The fifth Adjustment Factor will be for work tasks not identified in the Construction Task Catalog. IQCC includes a provision for establishing of prices for Work requirements which are within the general scope of IQCC but were not included in the CTC at the time of Contract award. These Tasks are referred to as "Non Pre priced Tasks (NPP)." NPP Tasks may require new specifications and drawings and may subsequently be incorporated into the CTC. The bidders will offer an Adjustment Factor to be applied to the actual material, equipment, and labor cost for NPP work Tasks. 3) Adjustment Factors may be specified to the fourth decimal place. For example:
1 . 1 0 0 0
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Or
0 . 9 8 0 0
4) For bid evaluation purposes only, the following weighing of the Adjustment factors will be used to determine the Combined Adjustment Factor. Complete the following information within the Sourcewell Procurement Portal:

Adjustment Factors Weight
Normal Working Hours – Prevailing Wage Rate
Projects 50%
Other Than Normal Working Hours – Prevailing
Wage Rate Projects 15%
Secured/OSHPD Prevailing Wage Rate Projects 15%
All Union Wage Projects 10%
Non Pre Priced Adjustment Factor 10%
B. ADMINISTRATIVE FEES. Awarded contractors must pay an administrative fee in exchange for the administration of the contracts by Sourcewell and Sourcewell’s contract administrator, Gordian. The bidder must include the administrative fee in calculating the Contractor’s Adjustment Factors.

Detailed information about Sourcewell’s administrative fee can be found in Article VII. B of the General Terms and Conditions.

VI. CONTRACT
Bidders awarded a contract will be required to execute the Contract (including its General Terms and Conditions) attached to this IFB.

VII. BIDDING PROCESS
A. PRE BID CONFERENCE. Sourcewell will hold a non mandatory pre bid conference via webcast on the date and time noted in the Solicitation Schedule and on the Sourcewell Procurement Portal. The purpose of this conference is to allow potential bidders to ask questions regarding this IFB. Information about the webcast will be sent to all entities that have registered for this solicitation opportunity through their Sourcewell Procurement Portal Vendor Account. Pre bid conference attendance is optional but highly encouraged.

B. QUESTIONS REGARDING THIS IFB AND ORAL COMMUNICATION. Any questions regarding this IFB must be submitted through the Sourcewell Procurement Portal. The deadline for submission of questions is found in the Solicitation Schedule and on the Sourcewell Procurement Portal. Answers to questions will be issued through an addendum to this IFB. Repetitive questions will be summarized into a single answer and identifying information will be removed from the submitted questions. 78 Rev. 4/2023 Sourcewell IFB #CA 101723
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All questions, whether specific to a Bidder or generally related to the IFB, must be submitted using this process. Do not contact individual Sourcewell staff (or any representative of Gordian) to ask questions or request information as this may disqualify the Bidder from responding to this IFB. Sourcewell will not respond to questions submitted after the deadline.

C. ADDENDA. Sourcewell may modify this IFB; however, no Addenda will be issued later than 5 days prior to the Bid Due Date, except an Addendum that withdraws or postpones this IFB. Addenda issued by Sourcewell become a part of the IFB and will be delivered to potential Bidders through the Sourcewell Procurement Portal. Sourcewell accepts no liability in connection with the delivery of any addenda.

Before a bid will be accepted through the Sourcewell Procurement Portal, all addenda, if any, must be acknowledged by the Bidder by checking the box for each addendum. It is the responsibility of the Bidder to check for any addenda that may have been issued up to the solicitation due date and time.

If an addendum is issued after a Bidder submitted its Bid, the Sourcewell Procurement Portal will WITHDRAW the submission and change the Bidder’s Bid status to INCOMPLETE. The Bidder can view this status change in the “MY BIDS” section of the Sourcewell Procurement Portal Vendor Account. The Bidder is solely responsible to check the “MY BIDS” section of the Sourcewell Procurement Portal Vendor Account periodically after submitting its Bid (and up to the Bid due date). If the Bidder’s Bid status has changed to INCOMPLETE, the Bidder is solely responsible to:
1) make any required adjustments to its bid,
2) acknowledge the addenda, and
3) ensure the re submitted bid is received through the Sourcewell Procurement Portal no later than the Bid Due Date and time shown in the Solicitation Schedule above.

D. BID SUBMISSION. Bidder’s complete bid must be submitted through the Sourcewell Procurement Portal no later than the date and time specified in the Solicitation Schedule and on the Sourcewell Procurement Portal. Any other form of bid submission, whether electronic, paper, or otherwise, will not be considered by Sourcewell. Late bids will not be considered. It is the Bidder’s sole responsibility to ensure that the bid is received on time. To ensure receipt of the latest information and updates via email regarding this solicitation, or if the Bidder has obtained this IFB from a third party, the onus is on the Bidder to create a Sourcewell Procurement Portal Vendor Account and register for this solicitation opportunity.

Within the Procurement Portal, all bids must be digitally acknowledged by an authorized representative of the Bidder attesting that the information contained in in the bid is true and accurate. By submitting a bid, Bidder warrants that the information provided is true, correct, and reliable for purposes of evaluation for potential contract award. The submission of inaccurate, misleading, or false information is grounds for disqualification from a contract award and may subject the Bidder to remedies available by law.

It is recommended that Bidders allow sufficient time to upload the bid and to resolve any issues that may arise. The time and date that a bid is received by Sourcewell is solely determined by the Sourcewell Procurement Portal web clock. In the event of problems with the Sourcewell Procurement Portal, follow the instructions for technical support posted in the portal. It may take up to 24 hours to respond to certain issues.
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Upon successful submission of a bid, the Portal will automatically generate a confirmation email to the Bidder. If the Bidder does not receive a confirmation email, contact Sourcewell’s support provider at [email protected]. E. GENERAL BID REQUIREMENTS. Bids must be:

In substantial compliance with the requirements of this IFB or it will be considered nonresponsive and be rejected
Complete–a bid will be rejected if it is conditional or incomplete Submitted in English
Valid and irrevocable for 180 days following the Bid Due Date Any and all costs incurred in responding to this IFB will be borne by the Bidder.

F. BID MODIFICATION WITHDRAWAL. A submitted bid may not be modified, withdrawn, or cancelled by the Bidder for a period of 180 calendar days following the time and date designated for the receipt of bids. Prior to the deadline for submission of bids, any bid submitted may be modified or withdrawn through the Sourcewell Procurement Portal.

G. OPENING. The Opening of Bids will be conducted electronically through the Sourcewell Procurement Portal. A list of all Bidders will be made publicly available in the Sourcewell Procurement Portal after the Bid Due Date, but no later than the Opening time listed in the Solicitation Schedule.

To view the list of Bidders, verify that the Sourcewell Procurement Portal opportunities list search is set to “All” or “Closed.” The solicitation status will automatically change to “Closed” after the Bid Due Date and Time.

VIII. EVALUATION AND AWARD
A. EVALUATION. Only responsive bids will be evaluated. A responsive bid must have been submitted on time and materially satisfy all mandatory requirements identified in this IFB. Deviations or exceptions stipulated in Bidder’s response, while possibly necessary in the view of the Bidder, may result in disqualification.

B. AWARD(S). It is the intent of Sourcewell to award each Contract to the lowest, responsive, responsible Bidder(s) based on the Combined Adjustment Factor as calculated by Sourcewell within each Region.

C. CONTRACT TERM. The term of the resulting contract(s) awarded by Sourcewell under this solicitation will be one year. Sourcewell and Contractor may agree to up to five additional one year extensions. Sourcewell retains the right to consider additional extensions beyond six years as required under exceptional circumstances.

A Bidder will not be awarded more than one same scope Contract within any Region. The maximum number of contracts to be initially awarded for each geographic region and contract type are reflected in the tables below:
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Region 1:

General Building 2 Contracts
Electrical 2 Contracts
Mechanical/HVAC 2 Contracts
Paving 2 Contracts
Region 2:

General Building 2 Contracts
Electrical 2 Contracts
Mechanical/HVAC 2 Contracts
Paving 2 Contracts
Region 3:

General Building 2 Contracts
Electrical 2 Contracts
Mechanical/HVAC 2 Contracts
Paving 2 Contracts
Region 4:

General Building 6 Contracts
Electrical 2 Contracts
Mechanical/HVAC 2 Contracts
Paving 2 Contracts
Region 5:

General Building 6 Contracts
Electrical 2 Contracts
Mechanical/HVAC 2 Contracts
Paving 2 Contracts
Region 6:

General Building 6 Contracts
Electrical 2 Contracts
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Mechanical/HVAC 2 Contracts
Paving 2 Contracts
Roofing/Waterproofing 2 Contracts
Region 7:

General Building 6 Contracts
Electrical 4 Contracts
Mechanical/HVAC 4 Contracts
Paving 4 Contracts
Roofing/Waterproofing 4 Contracts
Flooring 4 Contracts
Abatement Services 4 Contracts
Landscaping 2 Contracts
Painting 2 Contracts
Region 8:

General Building 20 Contracts
Electrical 6 Contracts
Mechanical/HVAC 6 Contracts
Paving 6 Contracts
Roofing/Waterproofing 6 Contracts
Flooring 4 Contracts
Abatement Services 4 Contracts
Painting 4 Contracts
Low Voltage Systems 4 Contracts
Fire Protection 2 Contracts
Plumbing 4 Contracts
Sanitation Systems 4 Contracts
Limited Specialty Contracts (C 61) 6 Contracts
Region 9:

General Building 8 Contracts
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Electrical 4 Contracts
Mechanical/HVAC 4 Contracts
Paving 4 Contracts
Roofing/Waterproofing 4 Contracts
Flooring 4 Contracts
Abatement Services 4 Contracts
Painting 2 Contracts
Plumbing 4 Contracts
Landscaping 2 Contracts
Solar 2 Contracts
Region 10:

General Building 4 Contracts
Electrical 2 Contracts
Mechanical/HVAC 2 Contracts
Painting 2 Contracts
Roofing/Waterproofing 2 Contracts
Sourcewell reserves the right to award additional contracts from this solicitation, above the stated maximum number, if it is determined to be in the best interests of Sourcewell and participating entities, for a period of 180 Days (or longer, if mutually agreeable to both the bidder and Sourcewell).

Sourcewell retains the right to waive any informality in a Bidder’s response. Sourcewell reserves the right to reject all bids and advertise again if, in Sourcewell’s opinion, the bids received do not meet or exceed the minimum needs and expectations of Sourcewell and its participating entities.

Competitive Range. If Sourcewell receives a wide margin of bid Adjustment Factors, either too high or too low, then the Sourcewell Bid evaluation committee may establish a Competitive Range for the IFB. If it is determined that a Bidder’s Combined Adjustment Factor is too far outside the Competitive Range, then the Bidder can be removed from consideration. The Bidder will be notified that it was determined to be outside the Competitive Range after award of the contracts.

Unbalanced Bid. A Bid may be removed from consideration if it is determined that the Bidder has mathematically unbalanced its Bid to gain a competitive advantage. The Bid will be considered to be unbalanced if any Adjustment Factor is found to not cover the contractor’s reasonable actual cost.

Those costs would include a reasonable prorated share of its anticipated profit, overhead cost, and other indirect costs that the bidder anticipates for the performance of the work as determined by the Sourcewell Bid Review Committee.
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Other Than Normal Working Hours Adjustment Factors. A Bidder’s Other Than Normal Working Hours Adjustment Factors must be higher or equal to its Normal Working Hours Adjustment Factors.

IX. ASSIGNMENT OF WORK
See the Contract, and General Terms and Conditions for a detailed description of how work will be assigned.

X. PROTESTS OF AWARDS
Any protest made under this IFB by a Bidder must be in writing, addressed to Sourcewell’s Executive Director, and delivered to the Sourcewell office located at 202 12th Street NE, P.O. Box 219, Staples, MN 56479. All documents that comprise the complete protest package must be received no later than 10 calendar days following Sourcewell’s notice of contract award(s) or non award and must be time stamped by Sourcewell no later than 4:30 p.m., Central Time.

A protest must allege a procedural or technical defect, with supporting documentation. A request for re evaluation of a bid’s content will not be entertained.

A protest must include the following items:

The name, address, and telephone number of the protester The original signature of the protester or its representative Identification of the solicitation by IFB number
A precise statement of the relevant facts
Identification of the alleged breakdown in procedure or technical issues Identification of the legal or factual basis
Any additional supporting documentation
Protest bond in the amount of $20,000, except where prohibited by law or treaty Protests that do not address these elements will not be reviewed.

XI. RIGHTS RESERVED
This IFB does not commit Sourcewell to award any contract, and a bid may be rejected if it is nonresponsive, conditional, incomplete, conflicting, or misleading. Bids that contain false statements or do not support an attribute or condition stated by the Bidder may be rejected.

Sourcewell reserves the right to:

Modify or cancel this IFB at any time
Reject any and all bids received
Reject bids that do not comply with the provisions of this IFB Independently verify any information provided in a Bid
Disqualify any Bidder that does not meet the requirements of this IFB, is debarred or suspended by the United States or Canada, State of Minnesota, participating entity’s state; has an officer, or other key personnel, who have been charged with a serious crime; or is bankrupt, insolvent, or where bankruptcy or insolvency are a reasonable prospect; Waive or modify any informalities, irregularities, or inconsistencies in the bids received Clarify any part of a bid
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Award a contract if only one responsive bid is received if it is in the best interest of participating entities
Award a contract to one or more Bidders if it is in the best interest of participating entities XII. DISPOSITION OF BIDS
All materials submitted in response to this IFB will become property of Sourcewell and will become public record in accordance with Minnesota Statutes Section 13.591. It is the Bidder’s responsibility to clearly identify any data submitted that it considers to be protected. Bidder must also include a justification for the classification citing the applicable Minnesota law.

Sourcewell will not consider the prices submitted by the Bidder to be confidential, proprietary, or trade secret materials. Financial information, including financial statements, provided by a Bidder is not considered trade secret under the statutory definition.

The Bidder understands that Sourcewell will reject bids that are marked confidential nonpublic, either substantially or in their entirety.
[Map of Regions to Follow]
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MAP OF

SOURCEWELL CONTRACT

REGIONS
Solicitation #CA 101723
Region 1
Colusa Humboldt Tehama
Del Norte Lake Trinity
Glenn Mendocino
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Region 2
Butte Plumas Sierra
Lassen Shasta Siskiyou
Modac
Region 3
El Dorado Placer Sutter
Nevada Sacramento Yuba
Region 4
Contra Costa Napa Sonoma
Marin Solano Yolo
Region 5
Fresno Merced Stanislaus
Kings San Joaquin Tulare
Madera
Region 6
Alameda San Francisco Santa Clara
Monterey San Mateo Santa Cruz
San Benito
Region 7
Kern Santa Barbara Ventura
San Luis Obispo
Region 8
Los Angeles Riverside San Bernardino
Orange
Region 9
Imperial San Diego
Region 10
Alpine Inyo Mono
Amador Mariposa Tuolumne
Calaveras
87 09/13/2023
Addendum No. 1
Solicitation Number: IFB #CA 101723
Solicitation Name: Indefinite Delivery Indefinite Quantity Construction California Consider the following to be part of the above titled solicitation documents. The remainder of the documents remain unchanged.

Updated San Diego Housing Commission Provisions, Terms and Conditions, Forms, have been uploaded to the document section of the bid details page. The document originally posted for this IFB as a .ZIP file entitled “San_Diego_Housing_Commission_Provisions,_Terms_and_Conditions,_Forms” has been removed and the updated Provisions, Terms and Conditions, and Forms have been uploaded to the Sourcewell Procurement Portal. Please download the .ZIP folder again, now entitled “Updated_ San_Diego_Housing_Commission_Provisions,_Terms_and_Conditions,_Forms” to ensure you have the correct documents.

The following listed original files has been removed from the IFB:

San_Diego_Housing_Commission_Provisions,_Terms_and_Conditions,_Forms The following listed files have been inserted in the IFB and are found in the revised .ZIP file:

Updated_ San_Diego_Housing_Commission_Provisions,_Terms_and_Conditions,_Forms End of Addendum
Acknowledgement of this Addendum to IFB CA 101723 posted to the Sourcewell Procurement Portal on 09/13/2023, is required at the time of proposal submittal. 88 09/13/2023
Addendum No. 2
Solicitation Number: IFB #CA-101723
Solicitation Name: Indefinite Delivery-Indefinite Quantity Construction - California Consider the following to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged.

Question 1:

CTC specs for region 4,6,7,8 appear to be damaged files and are unable to be opened. Can new files please be uploaded?
Answer 1:

An error in downloading the files contained in ZIP folder IFB_CA101723_CTC(s),_Contract_Template,_Technical_Specifications,_Terms_and_Conditions has been identified.

The folder posted to the documents section for this IFB entitled “IFB_CA101723_CTC(s),_Contract_Template,_Technical_Specifications,_Terms_and_Conditions.zip” has been updated with new CTC’s for Region’s 4, 5, 6, and 7. Please redownload the folder to access these new CTC documents.

End of Addendum
Acknowledgement of this Addendum to IFB CA-101723 posted to the Sourcewell Procurement Portal on 09/13/2023, is required at the time of proposal submittal. 89 09/19/2023
Addendum No. 3
Solicitation Number: IFB #CA-101723
Solicitation Name: Indefinite Delivery-Indefinite Quantity Construction - California Consider the following Questions and Answers to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged.

Question 1:

Can past awarded adjustment factors be provided?
Answer 1:

Contract documentation, including the bid tabulation, for past solicitations is maintained on the Sourcewell website. For examples of current Sourcewell-awarded IDIQ contracts, navigate to the page on the Sourcewell website at the following address:
https://www.sourcewell-mn.gov/cooperative-purchasing-eziqc/search. Question 2:

The ZIP folder titled
“Updated_San_Diego_Housing_Commission_Provisions,_Terms_and_Conditions,_Forms” cannot be opened, the error states that the path is too long. Is it possible to shorten the name of the file so it can be opened?
Answer 2:

An error in downloading the files contained in ZIP folder “Updated_San_Diego_Housing_Commission_Provisions,_Terms_and_Conditions,_Forms” has been identified.

The file name under the heading
“Updated_San_Diego_Housing_Commission_Provisions,_Terms_and_Conditions,_Forms” has been shortened and can now be opened. Download this file to access the documents. 90 Question 3:

We have reviewed the IFB documents but do not find any bid submission documents? Are the bid documents going to be released at a later date? Answer 3:

All solicitation documents have been uploaded to the Sourcewell Procurement Portal. All bids must be submitted through the Sourcewell Procurement Portal.

End of Addendum
Acknowledgement of this Addendum to IFB #CA-101723 posted to the Sourcewell Procurement Portal on 09/19/2023, is required at the time of proposal submittal. 91 09/25/2023
Addendum No. 4
Solicitation Number: IFB #CA-101723
Solicitation Name: Indefinite Delivery-Indefinite Quantity Construction - California Consider the following to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged.
***Due to a technical error, Table 1: Bidder Identity, was omitted. This table has now been added to the Sourcewell Procurement Portal.***
Question 1:

I am unclear on the bonding requirement necessary for this bid. What are the bonding requirements to submit a bid to this solicitation? Do we present our current bonding capability, and then Sourcewell determines if it is sufficient for the contract? Or is there a given level of bonding capability that we need to show? Answer 1:

The bonding requirement to submit a bid for this solicitation is to simply provide a current letter from your bonding company stating what your capacity is. It is up to you and the bonding company to determine how best to present this information, but typically a single and aggregate total is provided.

On a per project basis, additional bonds may be required by the Participating Entity.

Refer to General Terms and Conditions, specifically article IV, L, Bonds: Payment and Performance or Material and Workmanship.

End of Addendum
Acknowledgement of this Addendum to IFB #CA-101723 posted to the Sourcewell Procurement Portal on 09/25/2023, is required at the time of proposal submittal. 92 09/29/2023
Addendum No. 5
Solicitation Number: IFB #CA-101723
Solicitation Name: Indefinite Delivery-Indefinite Quantity Construction - California Consider the following Questions and Answers to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged.

Question 1:

If a Parent Company has multiple trade subsidiaries with separate tax identification numbers and business licenses, should they submit as the Parent Company listing the subsidiary groups and ID numbers? Should the subsidiaries all submit separately? Answer 1:

A Parent Company may demonstrate its willingness and capability of providing all or a majority of the work as specified in the Construction Task Catalog through subcontracts with its subsidiary companies.

Article III, Part C requires Bidders responding to the trade-specific contract opportunities listed in the IFB to perform at least 51% of the contracted work through its own forces.

If any Bidder for a trade-specific contract opportunity cannot itself complete at least 51% of the contracted work, the Bidder may be deemed nonresponsive.

Article IV, Part B states a Bid is a representation of the Bidder that "its Bid is premised upon performing and furnishing the Work required by this IFB.” If a Bidder is not able to perform or furnish the Work as demonstrated through the requirements of Article III, the Bidder may be deemed nonresponsive.

Bidders should ensure it is responsive to the requirements as defined in Article III based upon the type of contract opportunity for which it intends to Bid.

Question 2:

What is the local office requirement?
93 Answer 2:

Bidders must demonstrate a physical presence within the geographic boundary of the region(s), or adjacent region(s) to which they are bidding as ”
Question 3:

The general contractor is to provide adjustment factors for self-performed tasks. Do we provide adjustment factors for subcontracted work as well? Answer 3:

The general contractor will provide an adjustment factor to cover all tasks in the Construction Task Catalog. The adjustment factor includes work that may be selfperformed or completed by a subcontractor.

Question 4:

Will as-built drawings be required in a specific format? i.e. CAD, Revit, Acrobat, basic hand drawn?
Answer 4:

The necessity and format of as-built drawings will be determined on a project-by-project basis and determined during the Joint Scope
Question 5:

Regarding construction trailers, if the contractor does not need a trailer, but the owner is stating they want one for the project, then we use the catalog to add the trailer to the proposal? Does the catalog include power, furniture, etc.? Answer 5:

If the owner is requiring an on-site construction trailer, then costs for the trailer, equipment, furniture, power can be pulled out of line items from the CTC. Determinations on this are often made during the Joint Scope Question 6:

We have a headquarter office in Los Angeles County and have a branch trailer office in Santa Barbara County. Can we use that trailer office address and bid the contract for Region 7?
Answer 6:

Refer to question two of this addendum and IFB Article III, D. 94 Question 7:

Is there an estimated number of bidders that you're expecting? Answer 7:

No.

End of Addendum
Acknowledgement of this Addendum to IFB #CA-101723 posted to the Sourcewell Procurement Portal on 09/29/2023, is required at the time of proposal submittal. 95 10/02/2023
Addendum No. 6
Solicitation Number: IFB #CA-101723
Solicitation Name: Indefinite Delivery-Indefinite Quantity Construction - California Consider the following Questions and Answers to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged.

Question 1:

Can you please clarify if the bid opening on 10/17 is virtual and open for bidders to attend?
Answer 1:

Refer to Article V, Part G of the IFB also noted below for reference.

OPENING. The Opening of Bids will be conducted electronically through the Sourcewell Procurement Portal. A list of all Bidders will be made publicly available in the Sourcewell Procurement Portal after the Bid Due Date, but no later than the Opening time listed in the Solicitation Schedule.

Question 2:

What is the procedure for bidding on multiple contract opportunities within a region? For example there are 20 General Building contracts available in Region 8. To bid all 20 contracts do you change the factor for each contract and submit? Answer 2:

You will only enter one set of adjustment factors for each trade per region being bid.

The same adjustment factors are used for all the same trade opportunities. For example, there are 20 contract opportunities available for General Building in Region 8 and you will use one adjustment factor for all. The 20 lowest bids based on combined adjustment factors will receive a contract.
96 End of Addendum
Acknowledgement of this Addendum to IFB #CA-101723 posted to the Sourcewell Procurement Portal on 10/02/2023, is required at the time of proposal submittal. 97 10/11/2023
Addendum No. 7
Solicitation Number: IFB #CA-101723
Solicitation Name: Indefinite Delivery-Indefinite Quantity Construction - California Consider the following Questions and Answers to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged.

Question 1:

Is there a self performance requirement for bidders responding to a General Building solicitation?
Answer 1:

Refer to IFB Article III, Part B. “Bidders responding to a General Building solicitation must be willing and capable of providing all or a majority of the various types of construction work as specified in the Construction Task Catalog either through its own forces or by using subcontractors. Bidder must provide documentation of all applicable required licensure(s).”
Question 2:

For Table 3: Office Address(s), is the Contractor required to have a fully operating office in each region that its submitting the bids for? For example, would a physical office address of a Contractor's headquarter in Los Angeles County be suitable to submit for a bid for Region 9 (San Diego, Imperial)?
Answer 2:

Refer to IFB Article III, Part D. Each bidder must have a physical presence in or adjacent to each region to which they are submitting a bid. In the example, Los Angeles County is in Region 8 which is adjacent to Region 9 on the Map of Sourcewell Contract Regions making the office location in Los Angeles County suitable to bid in Region 9. 98 Question 3:

Can a contractor make a request to see a sample bid package? Answer 3:

Contract documentation, including the bid tabulation, for past solicitations is maintained on the Sourcewell website. For examples of current Sourcewell-awarded IDIQ contracts, navigate to the page on the Sourcewell website at the following address:
https://www.sourcewell-mn.gov/cooperative-purchasing-eziqc/search. End of Addendum Acknowledgement of this Addendum to IFB #CA-101723 posted to the Sourcewell Procurement Portal on 10/11/2023, is required at the time of proposal submittal. 99 Rev. 4/2021 Sourcewell IFB #CA-101723
Indefinite Delivery-Indefinite Quantity Construction Contracts in the State of California

Page 1 ends

Indefinite Delivery-Indefinite Quantity Construction Contract Contract Number: CA-R4-GB-101723-STA
Service Type: General Building
This Indefinite Delivery-Indefinite Quantity Construction Contract (Contract) is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 and Staples Construction, 1501 Eastman Ave., Ventura, CA 93003 (Contractor).

Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to federal, state and municipal governmental entities, K-12 and higher education entities, nonprofit entities, tribal governments, and other public entities located within the United States.

The Contractor desires to contract with Sourcewell to provide construction services to entities that access Sourcewell’s indefinite delivery-indefinite quantity (IDIQ) construction contracts within the Service Region.

I. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract, including the General Terms and Conditions incorporated by reference, is effective upon the later of December 6, 2023 or the date of the final signature below.

B. EXPIRATION DATE AND EXTENSION. This Contract expires December 5, 2024, unless it is terminated sooner pursuant to Article XX of the General Terms and Conditions, which are incorporated into this Contract by reference. This Contract allows up to five additional one-year extensions upon the request of Sourcewell and written agreement with Contractor. Sourcewell retains the right to consider additional extensions beyond six years as required under exceptional circumstances.

II. REGION AND SERVICES
The Contractor’s Region is: Region 4. The Contractor’s IDIQ construction service type is: General Building. The Contractor has agreed to perform work outside the Region.

III. ADJUSTMENT FACTORS
The Contractor will perform any or all Tasks in the Construction Task Catalog for the Unit Price appearing therein multiplied by the following Adjustment Factors. See the General Terms and Conditions for additional information.

A. Normal Working Hours – Prevailing Wage Rate Projects: Work performed from 7:00 a.m. until 4:00 p.m. Monday to Friday, except Holidays. The Contractor will perform Tasks during Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: 1.5998.








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Rev. 4/2021 Sourcewell IFB #CA-101723
Indefinite Delivery-Indefinite Quantity Construction Contracts in the State of California

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B. Other Than Normal Working Hours – Prevailing Wage Rate Projects: Work performed from 4:00 p.m. to 7:00 a.m. Monday to Friday, and any time Saturday, Sunday and Holidays. The Contractor will perform Tasks during Other Than Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: 1.6498.

C. Secured Facilities/OSHPD Prevailing - Wage Rate Projects: Work performed from 7:00 a.m. until 4:00 p.m. Monday to Friday, except Holidays. The Contractor will perform Tasks during Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: 1.6498.

D. All Union Wage Projects: Work performed from 7:00 a.m. until 4:00 p.m. Monday to Friday, except Holidays. The Contractor will perform Tasks during Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: 1.6498.

E. Non pre-priced Adjustment Factor: To be applied to Work determined not to be included in the CTC but within the general scope of the work: 1.3998.

VI. AUTHORIZED REPRESENTATIVE
A. Sourcewell's Authorized Representative is its Chief Procurement Officer.

B. The Contractor’s Authorized Representative is David Staples. If the Contractor’s Authorized Representative changes at any time during this Contract, Contractor must promptly notify Sourcewell in writing.

Sourcewell Staples Construction
By: __________________________ By: __________________________ Jeremy Schwartz David Staples
Title: Chief Procurement Officer Title: President
Date: Date:








 
 

  



101

GENERAL CONDITIONS

CITY OF BELMONT
CITY CONTRACT NUMBER 2024-632, 2024-633
LIBRARY EXTERIOR PAINTING (632)
LIBRARY INTERIOR PAINTING AND FLOORING REPLACEMENT (633) G.C. 1 STANDARD SPECIFICATIONS
The Standard Specifications for Public Works Construction “Greenbook” (latest edition) in conjunction with The State of California Department of Transportation Standard Specifications “Caltrans Standard Specifications” (latest edition) shall be the referenced standard specifications for this contract. All work shall conform to the aforementioned standard specifications, including General Conditions, Special Provisions and Technical Specifications, unless otherwise specified in the Contract Documents.

G.C. 2 DEFINITIONS
“City of Belmont,” the “Contractor,” and the “Contract Documents” are identified in the Standard Contract Agreement. The “City of Belmont” and the “Contractor” include their authorized representatives and are treated throughout as if each were singular in number and neuter in gender. “Contractor” includes its surety. Whenever in the Standard Specifications and Contract Documents the following terms are used, they shall be understood to mean and refer to the following:

A. Agency/City The City of Belmont, California
B. Engineer The Director of Public Works and his authorized representatives.

G.C. 3 ENGINEER
The Engineer shall act as the City’s representative during the construction period. He shall determine the amount, quality, acceptability and fitness of parts of the work and interpret the Contract Documents. The Engineer will make visits to the site and determine if the work is proceeding in accordance with the Contract Documents. No act or omission of the Engineer shall relieve the Contractor of the duty to proceed with the work in strict conformity with the Contract Documents.

At least one week prior to the start of work, the Contractor shall furnish to the Engineer a Schedule of Work showing the Contractor’s planned sequence of operations. Such schedule shall 102
be subject to the review and approval of the Engineer. No work shall be done until the Contractor and the Engineer have agreed to the schedule to be followed by the Contractor.

Upon request, the Engineer shall reduce to writing any oral order, objection requirement or determination. All communications to the City by the Contractor shall be via the Engineer.

Whenever the Engineer’s approval is requested, it shall be in writing only.

In accordance with Belmont’s Construction Noise Ordinance, no work shall be performed on site other than during normal working hours of 8 am to 5 pm, Monday through Friday. No work that interferes with public traffic shall be performed on Ralston Avenue and Alameda de las Pulgas before 9:00 a.m. nor after 3:00 p.m., Monday through Friday, unless authorized by the Engineer.

The Contractor shall hand deliver written notification to the Engineer prior to any emergency overtime, weekend or holiday. The sum of the City Inspector’s pay for inspection of overtime weekend or holiday work performed will be deducted from any moneys due to the Contractor.

Overtime is defined as work in excess of 8 hours in a day. The Contractor, and not the Engineer, shall be responsible for the construction means, controls, techniques, sequences, procedures and construction safety.

As stated elsewhere, amounts shown in the Proposal and Contract as to quantities are estimates only. From time to time, the Engineer shall direct the Contractor as to the prosecution of the work in such manner as to increase or decrease such estimates as to the work actually to be done.

The Contractor shall comply with such instructions and shall be paid only for work actually done based on the unit prices set out in the Contract.

G.C. 4 AWARD AND EXECUTION OF CONTRACT
The right is reserved to reject any bids if the Engineer is not satisfied that the bidder is fully qualified to carry out the terms of the Contract.

G.C. 5 PROTECTION
At his expense the Contractor shall:

A. Protect all utilities from damage and not disturb such utilities without approval of the governing agency. Contact Underground Service Alert (USA) at 1-800-227-2600 at least 48 hours prior to commencing excavations.

B. Work with the respective utility companies to assure proper reconnection and relocation of such services. The Contractor is expected to include the cost of working with these utility companies in the price bid for the work involved.

C. Take every precaution against injuries to persons or damage to property. 103
D. Comply with regulations governing the use of the property. The Contractor shall furnish the City with a copy of written permission from the property owner to the Contractor prior to using private property for any storage of materials, equipment or debris.

E. Store and suitably protect its apparatus, equipment, materials, and supplies in an orderly fashion on site.

F. Place on the work only such loads as are consistent with the safety of the work.

G. Effect all cutting, fitting, or patching or its work required to make it conform to the Plans and Specifications and interrelated with other improvements but, except with the consent of the Engineer, shall not cut or otherwise alter existing improvements.

H. Protect and preserve established benchmarks and monuments, make no changes in the location of such without the prior written approval of the City, and replace and relocate any which may be lost or destroyed or which require shifting because of necessary changes in grades or locations. All replacement and relocation work shall be accomplished only after approval of the City and under the direct supervision and instructions of the Engineer.

I. Before final payment, remove all surplus material, false work, temporary structures, debris, and similar matter resulting from its operation from the site and put the site in an orderly condition.

J. Construct, operate and maintain all passageways, guard fences, lights, barricades and other facilities required for protection by state or municipal laws and regulations and local conditions during the course of the work.

K. Guard the City’s property from injury or loss.

L. Take all reasonable precautions for dust and noise control and generally conduct operations so as not to constitute a nuisance.

M. Protect existing signs, fences, asphalt pavement, concrete curb, and gutter and other highway facilities which may be encountered in the roadway. The replacement or repair of any facilities which the City deems necessary as a result of the Contractor’s operations shall be done by the Contractor at its own expense and to the satisfaction of the City.

G.C. 6 VALUE ENGINEERING
The City is receptive to proposals from the Contractor identifying ways to reduce project costs and will share 50% of the cost savings with the Contractor if the proposal is accepted. The City encourages the Contractor to submit cost saving proposals on construction methods, products or materials that are equal to, or better than, what is specified by the project plans or specifications.

The City is not obligated to accept and implement the proposal; however, if the City does accept the proposal for implementation, the City will share 50% of the cost savings with the Contractor.

The cost savings shall be limited to the project for which the proposal is made. The City retains the right to implement the Contractor’s proposal on future projects without obligation to sharing the future cost savings. The cost saving/value engineering program is administered by the City in accordance with California Public Contract Code Section 7101. 104
G.C. 7 CHANGES IN THE WORK
The City shall have the right to make any reasonable changes in the project plans or quantities determined to be necessary or expedient. In case such changes increase or diminish the work shown, the Contractor shall be paid for the work actually done at a mutually agree upon adjustment to the Contract price, based upon the accepted Bid Proposal or according to the provisions of Paragraph 7, Changes in Work. The Contractor shall not be entitled to extra payment, nor shall any claim be made on account of anticipated profits on the work that may be omitted.

G.C. 8 CHANGES IN CONTRACT PRICES
Whenever corrections, alterations, or modifications of the work under this Contract are ordered by the Engineer and increase the amount of work to be done, such added work shall be known as extra work; and when such corrections, alterations, or modifications decrease the amount of work to be done, such subtracted work shall be known as work omitted.

The difference in cost of the work affected by such change will be added to or deducted from the amount of said Contract price, as the case may be, by a fair and reasonable valuation, which shall be determined in one or more of the following ways:
a. By agreed lump sum
b. By agreed unit prices
c. By Force Account
If neither a nor b methods can be agreed upon and the Contractor receives written order to make such changes, the Contractor shall be compensated by Force Account for his actual necessary costs, including labor, material, and equipment rental, as determined by the Engineer, plus a negotiated fixed fee for profit and such overhead items as home and branch office expenses, general expenses, general superintendence, indirect labor, and licenses. The negotiated fixed fee shall not exceed fifteen percent (15%) of actual necessary direct costs.

In addition to the actual cost of labor, the amount due the Contractor shall include the cost of compensation insurance, contributions made to the State as required by the provisions of the Unemployment Reserve Act, Chapter 352, Statutes of 1935, as amended; and for taxes paid the Federal Government, as required by the Social Security Act, approved August 14, 1935, as amended to date, plus other payments the Contractor must make to, or on behalf of, the workers.

For use of equipment owned by the Contractor, the rental rates therefore shall be based upon the current prices prevailing in the locality, not to exceed the rates promulgated by the California (State) Department of Transportation in effect at the time the work was performed.

It is understood that labor, materials, and equipment may be furnished by the Contractor, or by the subcontractor, or by others on behalf of the Contractor. When the work is performed by other than the Contractor’s organization, the Contractor shall reach an agreement with such other forces as to the distribution of payments made for such, and no additional payment therefore will be made by the City.

When Force Account work is performed by a bona fide and approved subcontractor, the negotiated fixed fee markup is limited to ten percent (10%) for the subcontractor, and five 105
percent (5%) for the prime Contractor, on the performing subcontractor’s actual costs, and no markup will be allowed for any intermediary subcontractor between the performing subcontractor and the prime Contractor.

All labor furnished on Force Account work shall be adjusted daily upon report sheets, furnished by the Contractor and signed by both parties, which daily report sheets hall thereafter by considered the true record of Force Account labor provided.

In order that a proper estimate may be made by the Engineer of the net cost of labor and materials entered into Force Account work, in accordance with the procedure hereinbefore stated, the Contractor shall furnish weekly an itemized statement of materials and labor supplied together with the cost of such material and the wages paid, and shall furnish vouchers for quantities and prices of such labor, material, or work. In case the Contractor fails to comply with the above provisions, he shall have no claim for compensation against the City.

City reserves the right to contract with any person or firm other than the Contractor for any or all extra work. The Contractor’s attention is especially called to the fact that he shall be entitled to no claim for damages for anticipated profits on any portions of work that may be awarded to others.

When the Contractor considers that any changes ordered involve extra work that the Engineer has not recognized as such, he shall immediately notify the Engineer in writing as to when and where alleged extra work is to be performed. If the Engineer directs by written order that the alleged extra work be performed, the Contractor shall comply, and shall make claim for compensation therefore each month not later than the 20th day of the month during which the work claimed to be extra work was performed, and he shall submit a weekly complete statement of materials used and expenses incurred on account of extra work performed, showing allocation of all materials and expenses. All such claims shall state the date of the Engineer’s written order.

Unless such notification is made in writing and unless complete statements of materials used and expenses incurred on account of such alleged extra work are furnished as above required, the Contractor shall not be entitled to consideration for payment for alleged extra work, and any future claims for compensation for such alleged extra work shall be invalidated.

G.C. 9 BRAND OR TRADE NAME - SUBSTITUTE OF EQUALS
Reference is made in Section 3400 of the California Public Contracts Code, which is by this reference incorporated herein with like effect as if here set forth in full.

If a potential bidder believes he knows of an equal to a specified brand or trade name which is not mentioned in the Contract Documents, then such potential bidder may so advise the Engineer of such fact, giving all relevant information. If appropriate, an Addendum will be issued as to the alleged equal provided that such issuance may be accomplished at least 5 days before the time fixed for opening bids.

Unless the subject article or product is expressly designated for matching others in use in a particular public improvement either completed or in the course of completion, any bidder may, as part of its bid proposal, include a request for substitution of an item equal to any specified 106
brand or trade name. At the preconstruction meeting, the Contractor may submit to the Engineer data substantiating such a request, and the difference, if any, in cost. The Engineer shall promptly investigate the request and make a recommendation to the City as to equality.

The City shall promptly determine where the substitute is equal in every respect to the item specified, and approve or deny the request accordingly, and shall notify the Engineer of the determination made, who shall advise the Contractor in writing of the decision. Unless the request is granted, substitution will not be permitted. In accordance with Section 3400 of the California Public Contracts Code, the Contractor shall be provided a period of not less than 35 days after the award of contract for submission of data substantiating a request for a substitution of “an equal” item.

Nothing herein shall authorize a change in the Contract price or prevent the use of change order in the manner provided elsewhere in the Contract Documents.

G.C. 10 FINAL INSPECTION, ACCEPTANCE AND NOTICE OF

COMPLETION
Upon written notice from the Contractor that the entire work required by the Contract Documents is complete and that all submittals required by him are made, and after the Contractor has delivered the bonds, certificates of inspection, proof of insurance, guarantees, warranties, releases, and other documents, all as required by the Contract Documents or by law, a post construction conference will be held to review the work and resolve any unsettled matters.

Present at the conference shall be the Engineer, the Inspector, the Contractor, and the Contractor’s Superintendent. Following this conference, Engineer will make a final inspection, the Contractor, and the City will notify the Contractor in writing of any deficiencies in the submittals and other documents required of him. The Contractor promptly shall make such corrections as are necessary to remedy all defects or deficiencies. After the Contract has completed any such corrections to the satisfaction of the City, the City will issue a written final acceptance of the work and file any notice of completion required by law or otherwise.

Final Inspection will be in two phases: a semi-final inspection by the Construction Inspector and the Contractor; and a final inspection, including representatives of the City, the Contractor, and any State or County agency. At the conclusion of the semi-final inspection, the Construction Inspector will provide the Contractor, in writing, a “punch list” of items requiring completion of remedial work. The Contractor shall rectify all matters on the “punch list” before making his formal request, in writing, for Final Inspection. Upon completion of the final inspection, if further completion or remedial work is determined to be necessary, the Engineer shall transmit to the Contractor a final list of items for remedial attention. After final inspection, the City Council will adopt a resolution determining that the contract work, or designated phases thereof, is substantially complete and is accepted.

G.C. 11 GUARANTEE AND WARRANTY OF WORK
The Contractor shall submit all products and materials to be used to the Engineer for approval.

The Contractor shall provide a list of submittals at the pre-construction conference. 107
Notwithstanding inspections and acceptance by the City of work furnished under this contract, the Contractor warrants to the City that all materials and equipment furnished under the contract, including that provided pursuant to change orders, will be of good quality and new, that the work will be free from defects in material or workmanship and that the work will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective.

This warranty by the Contractor is in addition to any warranties or guarantees required by the special provisions or technical specifications for specified items of equipment or materials. This warranty shall be in effect notwithstanding any disclaimers, or limiting or conditional terms contained such separate warranties furnished by manufacturers or suppliers.

If, within one year after the date of final acceptance of the work by the City, any of the work is found not to be in accordance with the Contract Documents the Contractor shall correct it promptly after written notice from the City to do so, and pay for any damage to other property resulting from such non-conforming work. If the Contractor fails to make the repairs or replacements promptly, or in any emergency when delay could cause risk or damage or loss, the City may have the non-conforming work removed, replaced or corrected at the expense of the Contractor and his surety. If the amount of the performance bond is insufficient to cover such work, the Contractor shall be liable to pay any such deficiency on demand by the City. Nonconforming work which is remedied under this Section shall be subject to an extended warranty obligation for a period of one year after the non-conforming work has been remedied.

All workmanship performed, and materials/equipment installed, as part of this contract shall be guaranteed for a period of one year, commencing upon issuance of the Notice of Completion for the work under this contract.

G.C. 12 CITY’S RIGHT TO STOP WORK OR TERMINATE THE CONTRACT The City, without prejudice to such other right, remedy or relief it may be entitled to, may by giving ten (10) days notice to the Contractor, terminate the employment of the Contractor and it his right to proceed, if:

A. The Contractor shall be adjudged bankrupt or make an assignment for the benefit of creditors.

B. A receiver or liquidator is appointed for the Contractor or any of its property.

C. The Contractor shall refuse or fail after Notice of Warning from the City by the Engineer to supply sufficient properly skilled workmen or suitable materials.

D. The Contractor fails to prosecute the work with such diligence as will insure its completion within the stipulated time period.

E. The Contractor shall fail to make payments to persons supplying labor or materials for the work.

F. The Contractor does not comply with applicable law or instructions of the Engineer.

G. The Contractor is otherwise guilty of a substantial violation of any provision of the Contract Documents.
108
If the City determines that the Contractor has failed to perform any of its obligations under the Standard Contract Agreement or to otherwise comply with the Standard Contract Agreement, then, in addition to all other remedies provided by law, City may terminate the Standard Contract Agreement immediately upon written notice to the Contractor provided, however, that if the City’s determination of the Contractor’s failure to perform under or comply with the Standard Contract Agreement can be cured by Contractor within thirty (30) days from the date that City discovers Contractor’s failure to perform or comply, then the City may provide Contractor with a notice of Contractor’s failure to perform or comply and provide Contractor with a definite period of time, to be specified in the notice and not to exceed a maximum period of thirty (30) days from the date of the notice, to cure. Failure to perform or comply to City’s satisfaction within the definite time period specified in the notice are grounds for termination by City.

The City Manager is empowered to terminate the Standard Contract Agreement and issue the notices provided for in this Section on behalf of City. In the event of termination, the Contractor shall immediately cease all work being performed under the Standard Contract Agreement.

Termination of the Standard Contract Agreement by City shall constitute the withdrawal of any consent or authorization of City for Contractor to perform any construction or other work under the Standard Contract Agreement in the public right-of-way or on public property, excepting only that work necessary to leave all work site areas in a clean and safe condition.

The City’s right to terminate may be for the entire work, or at the City’s option, as to any portion thereof as to which delay shall have occurred or breach or miscompliance related, and may thereupon take possession of the entire work or portion thereof. In such case, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance shall exceed the expense of completion, and other damage, expense or loss of the City occasioned by the Contractor’s failure to properly perform, the Contractor shall pay such excess.

If such expense and damage exceeds the unpaid balance, the Contractor is liable to the City for the excess. If the City elects to proceed under this Section, it may take possession of and utilize in completing the work such materials, supplies, pain and equipment on site which may be necessary or convenient for the purpose of completing the work. The City is expressly granted the right, acting via an Engineer or otherwise, to operate equipment and machinery on site for the purpose of determining whether it has a basis for proceeding under this Section.

G.C. 13 PAYMENT AND MONTHLY ESTIMATES

1. Schedules, Reports and Records As stated in Section 9-2 of the Standard Specification for Public Works Construction “Greenbook” (latest edition), the Contractor is required to submit to the Engineer for approval, a schedule of values for bid items. Lump Sum bid items are to be broken out into appropriate segments to create the schedule. This is to be integrated with the project work schedule and submittal schedule. These schedules will be used in the evaluation of Contractor Progress Payment Requests to the City.

2. Pay Period On or immediately after the first day of each month, the Contractor is to submit to the Engineer a “Request For Progress Payment.” This request is to be for work performed and for materials on the site up to and including the last day of the month. The Request For Progress Payment is to be submitted on a “Payment Application and Certificate” form (CP-14).
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3. Retentions Pursuant to Section 9-3.2 of the Specifications, 5 percent of each month’s amount earned by the Contractor will be retained by the City until 50 percent of the contract work is completed. At that point, at the Engineer’s discretion, if work is proceeding satisfactorily, retention may be discontinued except for the amount previously retained. Pursuant to Section 9-

3.2 of the Standard Specification for Public Works Construction “Greenbook” (latest edition), the Contractor may elect to place sufficient acceptable securities with the City or in an escrow account, in lieu of the Engineer’s retention of the funds. Earnings from such an escrow account shall accrue to the benefit of the Contractor. All procedures and documentation shall be as provided by State Law.

4. Preparation and Processing of Monthly Progress Payment Requests Each monthly progress payment shall be submitted on a copy of the form “Payment Application and Certificate” (CP-14). It shall be prepared and certified by the Contractor and submitted to the Engineer, on or immediately following the last day of the month. It shall include the Contractor’s itemization, prepared in a format approved by the Engineer and including the approved schedule of values. The “Payment Application and Certificate” (Form CP-14) shall be signed by an authorized representative of the Contractor.

Preparation of the request for progress payment should be preceded by consultation between the Contractor and the Engineer to determine acceptable percentages of completion for items in the Schedule of Values for which work has been performed. The extension of the total amount due per Schedule Item should agree with the percentage of completion. This may necessitate expressing the percentage figure to four decimal places.

Pursuant to Section 9-3.3 of the Specifications, requests for payments for materials on the site shall be accompanied by invoices, bills of sale, delivery tickets or other documentation that establishes the City’s title and the value of materials for which payment is requested.

Requests for payment of Change Orders authorized by the City shall be accompanied by signed daily work orders for labor, equipment and materials if performed on a time and material basis.

These are to be submitted on “Cost of Work Record” forms (CP-18).

The Engineer will review the request, check all mathematical entries, percentages and extension, and when satisfactory, will transmit the Form CP-14 to the Director of Public Works with recommendation for payment. Upon approval, the Engineer will submit, the progress payment request to the City’s Finance Department for payment to the contractor. Payment will then be issued to the Contractor by the City, with retention of a portion of the funds by the City, as indicated above. If a retention securities escrow account has been established, the City will make 100% payment of the approved monthly progress payment.

Upon satisfactory completion of the Contract work, and official acceptance by the City, the retained amount will be paid to the Contractor by City, or the City will authorize the release of impounded securities to the Contractor, all subject to the provisions of Section 9-3.1 of the Specifications.
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G.C. 14 FAILURE TO COMPLETE THE WORK IN THE TIME AGREED UPON
It is agreed by the parties to the Contract that time is of the essence; and that in the case all the work is not completed before or upon the expiration of the time limit set forth, damage will be sustained by the City and it is, therefore, agreed that the Contractor will pay to the City as damages the amount of the actual damage as determined, due to the failure to complete the work in the time agreed upon. In addition, the City shall have the right to charge to the Contractor and to deduct from payments for the work the actual cost to the City of engineering, inspection, superintendence, and other overhead expenses, which are directly chargeable to the contract and which accrue during the period of such delay, except that the cost of final surveys and preparation of the final estimate shall not be included in such charges. The expenses and damages described above shall be deducted from any money due the Contractor under this contract; the Contractor and his sureties shall be liable for any such excess cost.

The Contractor shall not be deemed in breach of its contract and no forfeiture due to delay shall be made because of any delays in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of the Contract, provided the Contractor requests an extension of time in accordance with the procedures set forth in Section 6-6 of the Standard Specification for Public Works Construction “Greenbook” (latest edition).

Unforeseeable causes of delay beyond the control of Contractor shall include acts of God, acts of a public enemy, acts of the government, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and weather, or delays caused by failure of the City or the owner of a utility to provide for removal or relocation of existing utility. Failure of the Contractor, its agent, servants, employees, officers, subcontractors, directors, or of any party contracting to perform part or all of the work or to supply any equipment or materials shall not be excusable delays.

Excusable delays (those beyond Contractor’s control) shall not entitle the Contractor to any additional compensation. The sole remedy of the Contractor shall be to seek an extension of time.

G.C. 15 FINAL ACCEPTANCE, RECORDING AND PAYMENT
Upon satisfactory completion of the contractor work or designated phase thereof, and receipt, by the City, of required releases and the “Contractor’s Certificate of Release and Request for Final Payment” (CP-20), the acceptance process is as follows:

1. The Engineer recommends to the City Manager and the City Council that the contract work, or designated phase thereof, is substantially complete and ready for acceptance by the City.

2. The City Council adopts a resolution determining that the contract work, or designated phases thereof, is substantially complete and is accepted. The resolution directs the City Clerk to do the following:
(a) Issue a “Notice of Substantial Completion” (Form CP-21) to the Contractor. (b) File with the County Recorder of the County of San Mateo a “Notice of Completion of Contract” (Form CP-22). Filing not to occur until after certification by the Engineer to the City Clerk that all required “punchlist” items have been satisfactorily remedied by the Contractor. On the date established in the “Notice of Completion” the Contractor’s 111
required one-year warranty period will commence, and the City will assume operational responsibility for the completed facilities.

3. Upon issuance of the “Notice of Substantial Completion” to the Contractor, the City will make final payment to the Contractor of the amount remaining after deducting all prior payments and deducting all amounts to be kept or retained by City under the provisions of the contract documents.

4. If all “punch list” items have been satisfactorily remedied, then within ten days of the City Council adoption of the resolution determining the contract work, or designated phase thereof, completed and accepted, the City Clerk will file with the County Recorder the “Notice of Completion of Contract.” If a “punchlist” of remedial work remains to be performed by Contractor, then provisions of Section 2.b, above, shall govern as to the time of filing the “Notice of Completion of Contract.”

5. A period of thirty-five (35) calendar days will elapse from the date of filing of the “Notice of Completion of Contract” with the County Recorder before the final payments of retained amounts will be made to the contractor.

6. If no stop notices are received by the City within the stated 35-day filing period, the City will issue final payment of retained amounts for the contract work, or designated phase thereof, to the contractor. If any stop notice is received by the City within the 35-day waiting period, it will be referred to the City’s legal counsel and final payment of retained amounts will be deferred or adjusted in accordance with advice of legal counsel, until such stop notice matter has been satisfactorily resolved.

G.C. 16 RESOLUTION OF DISPUTES
The City of Belmont incorporates the provisions of Chapter 1414 of the State Public Contract Code (A.B. No. 4165) as part of its plan and specifications for the resolution of construction claims through arbitration. A summary of its provisions are included in the modification to the Standard Specifications which the Contractor is directed to read. The Contractor is also directed to review the entire Statute, Chapter 1414, Section 20207.4 and Section 20104 of the Public Contract Code.

The City’s records setting forth the fair and reasonable cost of repairing, replacing, rebuilding or reasonable cost of repairing, replacing, rebuilding or restoring any damage or defects when performed by one other than the Contractor shall be binding and conclusive as to the amount thereof upon the Contractor.

G.C. 16.1 CONTRACT INTERPRETATION BY THE ENGINEER
Questions regarding the meaning and intent of the Contract Documents shall be referred in writing by the Contractor to the Engineer. The Engineer will respond to the Contractor in writing with a decision.

G.C. 16.2 CLAIMS
G.C. 16.2.1 NOTICE
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If the Contractor disagrees with the Engineer’s decision in G.C.16.1, Contract Interpretation by the Engineer, or in any case, where the Contractor deems additional compensation or a time extension to the contract period is due him for work or materials not covered in the contract or which the Engineer has not recognized as extra work, the Contractor shall notify the Engineer, in writing, of his intention to make claim. Claims pertaining to decisions provided in G.C.16.1 shall be filed in writing to the Engineer within five (5) days of receipt of such decision. All other claims notices for extra work shall be filed in writing to the Engineer prior to the commencement of such work. Written notice shall use the words “Notice of Potential Claim.” Such Notice of Potential Claim shall state the circumstances and the reasons for the claim, but need not state the amount.

Additionally, no claim for additional compensation or extension of time for a delay will be considered unless provisions of G.C.7, Changes in the Work; G.C.8, Changes in Contract Prices; and G.C.25, Termination of Contract by Contractor of these General Conditions, are complied with. No claim filed after the date of final payment will be considered.

It is agreed that unless notice is properly given, the Contractor shall not recover costs incurred by him as a result of the alleged extra work, changed work or other situation which had proper notice been given would have given rise to a right for additional compensation. The Contractor should understand that timely notice of potential claim is of great importance to the City, and is not merely a formality. Such notice allows the City to consider preventative action, to monitor the Contractor’s increased costs resulting from the situation, to marshall facts, and to plan its affairs. Such notice by the Contractor, and the fact that the Engineer has kept account of the cost as aforesaid, shall not in any way be construed as proving the validity of the claim.

G.C. 16.2.2 SUBMISSION OF CLAIM COSTS
Within thirty (30) days after the last cost of work for which the Contractor contends additional compensation is due, but if costs are incurred over a span of more than 30 days, then within fifteen (15) days after the thirtieth day and every month thereafter, the Contractor shall submit to the Engineer the costs incurred for the claimed matter. Claims shall be made in itemized detail satisfactory to the Engineer in content, detail and format of presentation. If the additional costs are in any respect not knowable with certainty, they shall be estimated. If the claim is found to be just, it shall be allowed and paid for as provided in G.C.7, Changes in the Work.

G.C. 16.2.3 CLAIM MEETINGS
From time to time the Engineer may call special meetings to discuss outstanding claims. The Contractor shall cooperate and attend, prepared to discuss outstanding claims, making available the personnel necessary for claim resolution, and providing documents reasonably requested by the Engineer.

G.C. 16.3 RESOLUTION OF CLAIMS
For all contracts awarded during the effective dates of Public Contract Code Section 20104, where claims cannot be resolved between the parties, claims for three hundred and seventy-five thousand ($375,000) or less shall be resolved pursuant to the provisions of that code section, which is summarized in G.C.16.3.1 and 16.3.4 are applicable; however, G.C.16.3.5, Civil Action for claims less than $375,000 is not applicable.
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G.C. 16.3.1 CLAIMS LESS THAN $50,000

1. For claims of less than fifty thousand dollars ($50,000), the Engineer shall respond in writing to written claims within 45 days of receipt of the claim in G.C.16.2, Claims, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor.

2. If additional information is thereafter required, it shall be requested and provided pursuant to this section, upon mutual agreement of the City and the Contractor.

3. The Engineer’s written response to the claim, as further documents, shall be submitted to the Contractor within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the Contractor in producing the additional information, whichever is greater.

G.C. 16.3.2 CLAIMS GREATER THAN $50,000

1. For claims of over fifty thousand dollars ($50,000), the Engineer shall respond in writing to all written claims within 60 days of receipt of the claim in G.C.16.2, Claims, or may request, in writing, within 30 days of receipt of claim, any additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor.

2. If additional information is thereafter required, it shall be requested and provided pursuant to this paragraph, upon mutual agreement of the City and the Contractor.

3. The Engineer’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.

G.C. 16.3.3 CLAIM CONFERENCE
If the Contractor disputes the Engineer’s written response, or if the Engineer fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 days of receipt of the Engineer’s response or within 15 days of the Engineer’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the City shall schedule a meet and conference within 30 days for settlement of the dispute.

G.C. 16.3.4 CLAIM FILING
If following the meet and conference described in G.C.16.3.3, Claim Conference, the claim or any portion remains in dispute, the Contractor may file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim pursuant to G.C.16.2, Claims, until the time the claim is denied, including any period of time utilized by the meet and conference.

G.C. 16.3.5 CIVIL ACTIONS FOR CLAIMS LESS THAN $375,000 The following procedures are established for all civil actions filed to resolve claims for less than three hundred seventy five thousand dollars ($375,000). 114

1. Within 60 days, but not earlier than 30 days, following the filing or responsive pleading, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.

2. If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that Code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.

3. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (b) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under the chapter, also pay the attorney’s fees on appeal of the other party.

G.C. 16.3.6 UNRESOLVED ISSUES
Unless this contract provides otherwise, all claims, counterclaims, disputes, and other matters in question between the City and the Contractor that are not resolved between the City and the Contractor and are not governed by Public Contract Code 20104 shall be decided by a court of competent jurisdiction. Arbitration shall not be used for resolution of these disputes. Should either party to this Agreement bring legal action against the other, the case shall be handled in the California County where the work is being performed.

G.C. 16.4 RECORDS OF DISPUTED WORK
In proceeding with a disputed portion of the work, the Contractor shall keep accurate records of its costs and shall make available, to the Engineer, a daily summary of the hours and classification of equipment and labor utilized on the disputed work, as well as a summary of any materials or any specialized services which are used. Such information shall be submitted to the Engineer on a monthly basis, receipt of which shall not be construed as an authorization for or acceptance of the disputed work.

G.C. 17 DOCUMENTS OF CONTRACTOR
Upon demand, the Contractor shall make available to the City all documents in its possession relevant to the work accomplished or to be accomplished or any demand or claim of the Contractor as to the City. This includes copies of documents sent by the Contractor to others relevant to the work. The Contractor shall further make available to the City conformed copies of all documents submitted to the sureties who executed indemnification made to such surety by others for such purpose. The Contractor shall maintain in its possession all documents to the work for three years after Notice of Completion.
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G.C. 18 PROJECT SAFETY AND RESPONSIBILITY OF CONTRACTOR TO

ACT IN AN EMERGENCY
The Contractor shall take all responsible precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to:

1. All employees on the work and all other persons and organizations who may be affected thereby.

2. All the work and all materials and equipment to be incorporated therein, whether in storage on or off the site, under the care, custody or control of the Contractor of any of its subcontractors or sub-subcontractors.

3. Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structure and utilities not designated for removal, relocation, or replacement in the course of construction.

4. Vehicular and pedestrian traffic on or near the project site. These requirements shall apply continuously and not be limited to normal working hours.

The Contractor shall give all notice and comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the safety of persons or property or their protection from damage, injury or loss. Except where otherwise expressly required by applicable laws, the City may monitor the Contractor’s compliance with any laws or regulations.

The Contractor shall erect and maintain, as required by existing conditions and progress of the work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and uses of adjacent utilities.

Full compensation for the work involved in carrying out the safety precautions shall be considered as included in the various items of work and no additional payment will be made therefor.

In case of an emergency which threatens loss or injury to property or life, the Contractor shall act without previous instructions as the situation may warrant. The Contractor shall notify the Engineer immediately thereafter. Any compensation for emergency work claimed by the Contractor, together with substantiating documentation, shall be submitted to the City via the Engineer.

G.C. 19 LABOR CODE
A. Public Works. The services to be performed under this contract are for “public works” within the meaning of Labor Code Section 1720. The Contractor must comply with the requirements applicable to public works contractors as contained in Chapter 1, Part 7, Division 2 of the California Labor Code (commencing with Section 1720) and as set forth in this section. This contract is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

B. Hours of Labor. As required by Labor Code Section 1810 and 1813, the parties stipulate as follows. Eight hours labor constitutes a legal day's work. The Contractor shall forfeit, as 116
penalty to the City, $25 for each workman employed in the performance of the Contract by the Contractor or by any subcontractor under him for each calendar day during which such workman is required or permitted to work more than eight hours in any one day and 40 hours in any one calendar week in violation of Labor Code Sections 1810 to 1815, except that work performed by employees of the Contractor in excess of eight hours per day and 40 hours during any one week shall be permitted upon compensation for all hours worked in excess of eight hours per day at not less than one-and-one-half times the basic rate of pay.

C. Prevailing Wage. Contractor must comply with the prevailing wage requirements of Labor Code Sections 1720 to 1780.

D. Wage Rates.

1. In accordance with Labor Code Section 1773.2, the City has obtained from the Director of the California Department of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which the work is to be performed for each craft, classification, or type of worker needed to execute the contract, a copy of which is hereby incorporated by reference. Copies of the prevailing rates of per diem wages are on file in City’s office and are available to any interested party.

2. The Contractor must post a copy of the prevailing rate of per diem wages at each job site.

3. The term “per diem wages” is defined in Labor Code Section 1773.1.

E. Failure to Pay Prevailing Wages.

1. In accordance with Labor Code Section 1775, the Contractor will forfeit as a penalty to the City an amount determined by the Labor Commissioner under Section 1775 for each calendar day or portion thereof for each workman paid less than stipulated prevailing wage rates for such work or craft in which such worker is employed for any work done under the Contract by the Contractor or by any subcontractor under the Contractor in violation of the provisions of the Labor Code.

2. As required by Labor Code Section 1775, the parties stipulate that the contractor and subcontractors must comply with Section 1775, and in the event of non-compliance with payment of prevailing wages to workers, the contractor or subcontractor must pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate to each worker.

3. The City will not recognize any claim for additional compensation because of the payment by the Contractor of any wage rate in excess of the prevailing wage rate set forth in the Contract. The possibility of wage increases is one of the elements to be considered by the Contractor in determining his bid, and will not under any circumstances be considered as the basis of a claim against the City on the Contract.

F. Payroll Records.
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1. The Contractor and each subcontractor must comply with Labor Code Section 1776 and all requirements of contractors stated therein for the maintenance, inspection and certification of payroll records.

2. The Contractor and each subcontractor must furnish electronic certified payroll records directly to the Labor Commissioner.

3. The Contract and each subcontractor must furnish certified payroll records to the City with each progress payment request.

4. The Contractor and each subcontractor who fails to timely furnish payroll records or make the records available for inspection will forfeit to the City the penalty for noncompliance set forth in Labor Code Section 1776 for their respective failure.

G. Apprentices. This subsection applies to contracts for Public Works involving $30,000 or more.

1. The contractor and each subcontractor must comply with the requirements for employment and compensation of apprentices as set for in Labor Code Section 1777.5. The prime Contractor is responsible for compliance with Labor Code Section 1777.5 for all apprenticeable occupations.

2. As required by Labor Code Section 1773.3, the City will send notice of the award of this Contract to the Division of Apprenticeship Standards within five days after award.

H. Discrimination. The contractor and each subcontractor must comply with the antidiscrimination requirements of Labor Code Section 1777.6.

I. Worker’s Compensation.

1. In accordance Labor Code Section 1860, the contractor and each subcontractor must secure the payment of workers' compensation for their employees as required by Labor Code Section 3700.

2. Before performing the work, the Contractor must sign and file with the City, the certification required by Labor Code Section 1861.

J. Excavation Plans. As required by Labor Code Section 6705, for all public works projects in excess of $25,000 that involve excavation or trenching to a depth of five feet or more, the Contractor must submit a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation or trenching. The plan must comply with the following provisions.

1. If the plan varies from the shoring system standards, the plan must be prepared by a registered civil or structural engineer.

2. A note must be included on the plan by the registered civil or structural engineer certifying that the plan complies with the CAL OSHA Construction Safety Orders or that the 118
plan is not less effective than the shoring, bracing, sloping, or other provision of the Construction Safety Orders.

3. If the Engineer has investigated subsurface conditions in area where the work is to be performed, these investigations are identified in the Special Provisions and the records of the investigations are available for inspection in the Public Works Department. The plan will not be accepted by the City if the plan is based on subsurface conditions which are more favorable than those revealed by the Engineer’s investigations, or if the plan is based on soils related design criteria which is less restrictive than the criteria set forth in the Engineer’s report of investigations or subsurface conditions.

4. The detailed plan must include surcharge loads for nearby embankments and structures for spoil banks and for construction equipment and other construction loadings. The plan must indicate for all trench conditions, the minimum horizontal distances from the side of the trench at its top to the near side of the surcharge loads.

5. Nothing contained in this Section shall be construed to impose tort liability on the City or any of its employees or to relieve the Contractor of the full responsibility for providing shoring, bracing, sloping, or other provisions which are adequate for worker protection.

K. Subcontractor Eligibility. Contractor acknowledges that under Public Contract Code Section 6109 no contractor or subcontractor who is ineligible to bid or work on, or be awarded, a public works project under Labor Code Section 1777.1 or 1777.7 may bid on, be awarded, or perform work as a subcontractor on, a public works project. Contractor is prohibited from performing work on a public works project with a subcontractor who is ineligible to perform work on the public works project under Labor Code Section 1777.1 or 1777.7.

G.C. 20 SUPERVISION BY CONTRACTOR
The Contractor will supervise and direct the work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the work in accordance with the Contract Documents. The Contractor will be solely responsible for the means, methods, techniques, sequences and procedures of construction. The Contractor shall be responsible to see that the finished work complies accurately with the Contract Documents. The Contractor will employ and maintain on the work site a qualified supervisor or superintendent who shall have been designated in writing by the Contractor as the Contractor’s representative at the site. The supervisor shall have full authority to act on behalf of the Contractor and all communications given to the supervisor shall be as binding as if given to the Contractor. The supervisor shall be present on the work site at all times as required to perform adequate supervision and coordination of the work. The Contractor shall not change job supervisor without written approval of the Engineer. Full compensation for conforming to the requirements of this Section shall be considered included in the contract pries paid for the various items of work and no additional compensation shall be allowed therefore.

G.C. 21 ALTERNATIVE METHODS OF CONSTRUCTION
Whenever the Contract Documents provide more than one method of construction or more than one specified type of construction equipment may be used to perform portions of the work and 119
the Contract Documents leave the selection of the method of construction or the type of equipment to be used up to the Contractor, it is understood that the City does not guarantee that every such method of construction or the type of equipment can be successfully used throughout all or any part of any project. It shall be the Contractor’s responsibility to select and use the alternative or alternatives which will satisfactorily perform the work under the conditions encountered. In the event some of the alternatives on any project or equipment specified cannot be utilized, the Contractor shall be responsible for completing the work in a satisfactory and workmanlike manner to provide the intended service and full compensation for any additional cost involved shall be considered as included in the contract price paid for the item of work involved and no additional compensation will be allowed therefore.

G.C. 22 PROJECT APPEARANCE
The Contractor shall maintain a neat appearance of the work. In any area visible to the public, broken concrete and debris developed during clearing and grubbing shall be disposed of concurrently with its removal. If stockpiling is necessary, the material shall be removed or disposed weekly.

Full compensation for conforming to the provisions in this Section not otherwise provided for shall be considered as included in prices paid for the various contract items of work involved and no additional compensation will be allowed therefore.

G.C. 23 INSURANCE HOLD HARMLESS
The Contractor shall, before the commencement of work herein specified, procure and maintain in full force and effect during the life of the contract, at its sole expense, insurance as described in Section 14 of the Construction Agreement.

G.C. 24 EQUAL EMPLOYMENT OPPORTUNITY
General: The Contractor shall not discriminate in its recruiting, hiring, promotion, demotion or termination practices on the basis of race, religious creed, color, national origin, ancestry, sex, age, physical handicap, medical condition, or marital status in the performance of this Contract and shall comply with the provisions of the California Fair Employment and Housing Act (commencing with Section 12900 of the Government Code), Federal Executive Order No. 11246 (30 Federal Register 12319), as amended, and all administrative rules and regulations issued pursuant to said Acts and Order. See particularly 41 Code of Federal Regulation (CFR) Chapter

60. The Contractor shall require each of its subcontractors to comply with the preceding paragraph and shall include in each subcontract language similar to the preceding paragraph.

Each bidder shall submit with the bid proposal a fully executed Certificate of NonDiscrimination by Contractors. Bids will not be considered unless accompanied by the completed Certificate.

A. Transactions of $10,000 and Less

1. Contracts and subcontracts not exceeding $10,000 are exempt from the requirements of this clause.
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2. No Contractor or subcontractor shall procure supplied and/or services in less than usual quantities to avoid applicability of the Equal Opportunity Clause. With respect to contracts and subcontracts for indefinite quantities, the Equal Opportunity Clause shall apply unless it is determined by the City that the amount to be ordered in any one year under such contract reasonably will be expected not to exceed $10,000.

B. Transactions in Excess of $10,000, but Less Than $50,000

1. Each prime contractor shall certify that it has in effect an affirmative action plan and agrees to comply with all state and federal laws and regulations concerning Fair Employment Practices.

2. The contractor shall maintain a written copy of its affirmative action plan and will furnish a copy to the City upon request by the City. The City reserves the right, during the life of this Contract, to require the contractor to complete an affirmative action compliance report furnished by the City setting definite goals and timetables and indicating progress in meeting the goals.

C. Transactions of $50,000 or More

1. Each prime contractor who has fifty or more employees and a contract of $50,000 or more shall develop and submit to the City within thirty days of award a written affirmative action compliance program including definite goals and timetables with proposed dates of compliance. The prime contractor shall make, as a condition of its subcontract, the same requirement of each subcontractor who has fifty or more employees and a subcontract of $50,000 or more. Each contractor shall include in its affirmative action compliance program a complete table of its employees’ job classifications. This table must include, but need to be limited to, job titles, duties and rates of pay.

2. The contractor agrees to permit access to its records or employment advertisement, application forms and other pertinent data and records by the City or its designee and any state or federal agency having jurisdiction for the purposes of investigation to ascertain compliance with the Fair Employment Practices section of this contract.

3. The City shall have the right to assign an affirmative action representative to monitor the conduct of the contractor and subcontractors under this contract. The affirmative action representative shall have the right to enter the construction or manufacturing site to obtain information from persons performing work on the project, providing such inspection shall not in any way interfere with the progress of the work under contract.

G.C. 25 TERMINATION OF CONTRACT BY CONTRACTOR
The Contractor may terminate the contract upon ten (10) days calendar day’s written notice to the City whenever (1) the entire work has been suspended in accordance with these provisions for sixty (60) consecutive calendar days through no fault or negligence of the Contractor, and notice to resume work or to terminate the contract has not been received from the City within this time period; or (2) the City should fail to pay the Contractor any substantial sums due it in accordance with the terms of the contract and within the time limits prescribed. In the event of such termination, the Contractor shall have no claims against the City except for those claims specifically enumerated in these provisions and determined in accordance thereof. 121
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DATE: September 10, 2024
SUBMITTED BY: Jozi Plut, Admin (CM, CA, Fin, HR, IT)
ITEM TYPE: Item Without Staff Report
AGENDA SECTION: PUBLIC HEARINGS
SUBJECT: Adoption of the Revised Housing Element 2023-2031 SUGGESTED ACTION: Adopt a resolution making findings that the revised 2023-2031 Housing Element is consistent with Housing Element Law, and that the Housing Element as revised is consistent with the program EIR prepared for the project and no further environmental document is required, and amending the 2035 General Plan by repealing the previously adopted 2023-2031 Housing Element and adopting the revised 2023-2031 Housing Element
AGENDA ITEM NO. 11.A

CITY COUNCIL AGENDA STAFF REPORT
ATTACHMENTS:

Staff Report
Resolution
HCD Letter July 26 2024
Draft Housing Element July 2024
AppA_Needs Analysis
AppB_sites-inventory-template Belmont
AppC_AFFH
AppD_PrevHE
AppE_Outreach
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Page 1 of 5 ends

Housing Element Re-Adoption - Staff Report

STAFF REPORT
Meeting Date: September 10, 2024
Agency: City of Belmont
Staff Contact: Kathy Kleinbaum, Assistant City Manager; Laura Russell, Deputy Community Development Director
Agenda Title: Adoption of the Revised Housing Element 2023-2031 Agenda Action: Resolution
Recommendation
Adopt a resolution making findings that the revised 2023-2031 Housing Element is consistent with Housing Element Law, and that the Housing Element as revised is consistent with the program EIR prepared for the project and no further environmental document is required, and amending the 2035 General Plan by repealing the previously adopted 2023-2031 Housing Element and adopting the revised 2023-2031 Housing Element.,
Strategic Focus Area
Economic Development and Housing
Background
State law requires California’s local governments to adopt a housing element as part of their general plan that demonstrates how the local government will meet state mandated housing planning requirements. The City’s Housing Element must be updated on a regular schedule and is subject to specific regulatory requirements and process established by the state Housing Element Law (Government Code Sections 65580-65589.11). The current housing element planning cycle covers the period from 2023 through 2031. The State Department of Housing and Community Development (HCD) must review and certify that each jurisdiction’s housing element meets all the requirements of the law.

The City began work on the Housing Element Update in 2021, resulting in City Council certification of the Final Programmatic Environmental Impact Report (EIR) and adoption of the Housing Element on January 30, 2023, prior to the statutory deadline of January 31, 2023. Since that time, the City has been working on revisions to the adopted Housing Element in response to two letters from HCD requiring specific revisions on April 3, 2023 and on December 18, 2023.

Staff held several meetings with HCD staff between January 2024 and May 2024 to review the December 2023 comment letter and discuss how to best respond to HCD’s comments. Through this process, the HCD supervisor has provided feedback on how to best collaborate with HCD towards certification. On May 21, 2024, the City published a draft revised Housing Element for a 7-day public review period and then submitted it to HCD for their review on May 28, 2024.

During HCD’s 60-day statutory review period, staff met with HCD to discuss interim revisions necessary 124

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to achieve compliance. Based on HCD feedback, a revised Housing Element was posted for a 7-day public review period on July 18, 2024. The changes to this version were minor and primarily included revisions to the metrics for several Housing Element programs in Chapter 7. On July 26, 2024, the City received a comment letter from HCD stating that the revised draft Housing Element meets the statutory requirements of State Housing Element Law. In order for HCD to certify the Housing Element, the City must repeal the previously adopted Housing Element and adopt a revised Housing Element 2023-2031 and resubmit the document to HCD for their final review.

The Planning Commission held a Public Hearing on August 20, 2024 and unanimously recommended that the City Council adopt the revised Housing Element. The City only received one public comment on the Housing Element, as a result of the public hearing and noticing process, which was from a property owner included in the sites inventory who stated that they had no current plans to redevelop their property.

Analysis
The analysis below provides a high-level summary of revisions that have been made to the Housing Element since Planning Commission review and City Council adoption in January 2023. The revisions to the Housing Element can be generally characterized in two ways: 1) Policy enhancements to meet the requirements to Affirmatively Further Fair Housing (AFFH); and 2) Changes to improve clarity and standardize assumptions. Staff brought these revisions to City Council for feedback prior to implementing them at the March 26, 2024 meeting and received direction to move forward with the revisions, as proposed.

Policy Enhancements to Affirmatively Further Fair Housing (AFFH) State law requires jurisdictions to include Housing Element programs that actively seek to achieve fair housing. Pursuant to AFFH law, the City has a legal obligation to take meaningful actions to combat discrimination, overcome patterns of segregation, and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics. Current AFFH rules go further than past regulations and require jurisdictions to actively work to dismantle the legacy of segregation and to take actions to create equal housing opportunities. Cities are expected to include “housing mobility programs,” which are strategies that provide opportunities for lower income households to live in “high resource” areas, which are areas associated with positive economic, educational and health outcomes.

All of Belmont is in a high resource area, as mapped by HCD. In this context, housing mobility programs are typically designed to encourage a diversity of housing types throughout the community, allowing better access for lower income households into these neighborhoods. The primary focus of the programs included in the revised Housing Element achieve this goal by enhancing existing State programs related to ADU development and SB9 units by allowing for more flexibility unit sizes and configurations than provided for by State law. In addition, staff has committed to do more extensive outreach and provide technical support to encourage more ADUs and the development of affordable housing projects on properties owned by religious institutions and schools.

Changes to Improve Clarity and Standardize Assumptions
In light of the comments received from HCD in December of 2023 and through subsequent meetings with 125

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HCD staff, staff identified opportunities to improve clarity in the document to make it easier for HCD to confirm compliance and for the City to implement. The changes summarized below are organizational and technical in nature and do not include any policy changes. • General reorganization: Staff heard from HCD that it was difficult to find the materials that they need to review in the document and appendices. The prior versions of the document, including the Adopted January 2023 version and the October 2023 update, consisted of an Executive Summary and a number of appendices. This organization made it difficult to confirm legal compliance and to follow the document as a whole. The Housing Element was revised to move key topics into a main document that replaced the previous Executive Summary. There are still appendices on certain topics where additional, supporting information is needed. This approach makes the narrative of the Housing Element easier to follow, with more clear connections between the laws and housing issues the document seeks to address and the actions to address them. As a result, the Housing Element looks different than prior versions but still contains the same information in a format that is easier to understand and implement.
• Housing Site Methodology: The changes made to the housing sites inventory are technical in nature and are related to the assumptions about how the sites in the inventory could develop over time and the assumed affordability of the resulting units. Staff standardized the approach to the assumptions made to be consistent with HCD guidance. The result is a reduction in the assumed density that will be built on each site, which is a more conservative approach. Additionally, HCD asked for additional justification for the properties that are expected to consolidate, resulting in one development across multiple original properties. In response, staff has broken up some of the larger sites that consisted of multiple parcels with differing ownerships and made them into separate, smaller opportunity sites. In addition, staff removed a few small properties from the inventory that are less likely to consolidate and are not necessary to meet the Regional Housing Needs Allocation (RHNA) obligations. These revisions resulted in a reduction in the buffer the City is providing from roughly 680 units to 515 units, which is still adequate to address our RHNA obligation.

Findings for Non-Vacant Sites
The revised Housing Element relies upon non-vacant sites to accommodate more than 50% of the RHNA for lower-income households. This is typical for many cities that are primarily built-out and therefore reliant on infill development to meet their RHNA goals. HCD requires cities in this circumstance to demonstrate that existing uses are not an impediment to additional residential development and to make findings to support this analysis in their adoption resolutions.

In Belmont, 51% percent of the RHNA for lower-income unit capacity, excluding units in pending and pipeline projects, are on non-vacant sites (20 of 22 sites in the sites inventory are nonvacant). Staff followed HCD guidance when performing its section 65583.2(g)(2) analysis and provided substantial evidence in Chapter 6 of the Revised Housing Element that the existing uses will be discontinued or will not be an impediment to residential development during the planning period based on the physical characteristics, existing uses, and redevelopment potential (including improvement to land ratio, age of structures, building stories, lot coverage) and known developer/owner interest. 126

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The redevelopment of underutilized commercial sites for housing is a growing national trend that is clearly reflected in Belmont and other nearby cities in the region. Strong housing demand and high land values for residential development, together with weakening demand for commercial uses, have made conversion to residential use within the planning period likely for multiple sites that currently have commercial uses.

Currently, 90% of the units that are currently in the City’s active development pipeline (896 out of 998) are located on sites with prior commercial uses.

Environmental Review (CEQA)
The City of Belmont prepared a Final Programmatic Environmental Impact Report (EIR) under the California Environmental Quality Act (CEQA) for the Belmont Housing Element 2023-2031 update. The City Council adopted Resolution No. 2023-0008 on January 30, 2023, certifying the Final Program EIR.

The revisions proposed in the Housing Element would not add any sites for multifamily housing from those in the formerly approved Housing Element analyzed in the program EIR. Likewise, no revisions are proposed which would alter or modify regulations in regard to density of development, scale of buildings, infrastructure, land uses or location which were not analyzed in the EIR. For this reason, the revised Housing Element is within the scope of the program EIR, and no subsequent or supplemental EIR is needed for these amendments, in that the changes are not substantial; and no substantial evidence exists showing that: (1) the changes in the Element will involve any new significant environmental effects or a substantial increase in the severity of previously identified environmental effects; (2) circumstances have changed since the EIR was certified; or (3) new information is available, which was not known and could not have been known when the EIR was certified, that shows that the Housing Element will have significant impacts not considered in the EIR. (CEQA Guidelines Sections 15168 and 15162.) Alternatives

1. Refer the revised 2023-2031 Housing Element back to staff for revisions.

Attachments
A. Housing Element Adoption Resolution
B. HCD Comment Letter, July 26, 2024
C. Amended General Plan Housing Element 2023-2031
• Appendix A: Housing Need Analysis
• Appendix B: Sites Inventory
• Appendix C: Fair Housing Assessment
• Appendix D: Review of Prior Housing Element Goals, Policies, and Programs • Appendix E: Outreach
Fiscal Impact
☒ No Fiscal Impact Adoption of the Housing Element 2023-2031 does not have any direct financial implications for the City. Implementation of the 127

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goals, policies and programs identified in the Housing Element will require significant staff resources during the next planning period, which will be considered by the City Council during each annual budget review process.
☐ Funding Source Confirmed: Insert Acct # and additional information Source: Purpose: Public Outreach:

Staff Statutory/Contractual Requirement Posting of Agenda * *The City has also complied with the following public notification requirements:

1. A notice of public hearing was published in the Redwood City Tribune on August 30, 2024, Government Code Section 65090.

2. Notices were mailed to the owners of all property included on the Housing Sites Inventory, per Government Code Section 65091(a)(1) prior to the Planning Commission Public Hearing informing the owners of both the Planning Commission and City Council public hearing dates.

3. Notice of public hearing was posted in three public locations: Belmont City Hall, Belmont Library, and Barrett Community Center, per Government Code Section 65090(a). 128
RESOLUTION NO. 2024 –

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELMONT TO ADOPT A GENERAL PLAN AMENDMENT TO REPEAL THE PREVIOUSLY ADOPTED 2023-2031 HOUSING ELEMENT AND ADOPT THE REVISED HOUSING ELEMENT OF THE 2035 GENERAL PLAN FOR THE PERIOD OF 2023-2031, IN COMPLIANCE WITH STATE

HOUSING ELEMENT LAW
WHEREAS, the California Legislature has found that “California has a housing supply and affordability crisis of historic proportions. The consequences of failing to effectively and aggressively confront this crisis are hurting millions of Californians, robbing future generations of the chance to call California home, stifling economic opportunities for workers and businesses, worsening poverty and homelessness, and undermining the state’s environmental and climate objectives” (Gov. Code Section 65589.5.); and,
WHEREAS, the Legislature has further found that “Among the consequences of those actions are discrimination against low-income and minority households, lack of housing to support employment growth, imbalance in jobs and housing, reduced mobility, urban sprawl, excessive commuting, and air quality deterioration” (Gov. Code Section 65589.5.); and, WHEREAS, the Legislature recently adopted the Housing Crisis Act of 2019 (SB 330) which states that “In 2018, California ranked 49th out of the 50 states in housing units per capita… California needs an estimated 180,000 additional homes annually to keep up with population growth, and the Governor has called for 3.5 million new homes to be built over 7 years”; and, WHEREAS, State Housing Element Law (Government Code Sections 65580 et seq.) requires that the City of Belmont adopt a Housing Element for the eight-year period 2023-2031 to accommodate the City of Belmont's ("City") regional housing need allocation ("RHNA") of 1,785 units, comprised of 488 very low-income units, 281 low-income units, 283 moderate income units, and 733 above moderate-income units; and,
WHEREAS, to comply with State Housing Element Law, the City has prepared the Housing Element 2023-2031 (the "Housing Element") in compliance with State Housing Element Law and has identified sites that can accommodate housing units meeting the City’s RHNA allocation; and,
WHEREAS, as provided in Government Code Section 65350 et. seq., adoption of the Housing Element constitutes a General Plan Amendment; and, WHEREAS, the preparation, adoption, and implementation of the Housing Element requires a diligent effort to include all economic segments of the community; and, WHEREAS, the City conducted extensive community outreach related to the Housing Element, beginning in May 2021, including hosting multiple community workshops, Planning Commission and City Council hearings, as described in detail in Appendix E to the proposed Housing Element Update; and,
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WHEREAS, Government Code Section 65583.2(g)(2) requires that any jurisdiction relying on non-vacant sites to meet more than 50 percent of the RHNA for lower-income households must make findings based on substantial evidence that the existing use on the nonvacant site is not an impediment to residential development during the planning period; and, WHEREAS, the City has followed HCD guidance when performing its analysis of nonvacant sites under Government Code Sections 65583(g)(1) and 65583.2(g)(2) and has provided substantial evidence in Chapter 6 of the revised Housing Element that the existing uses are likely to be discontinued and will not be an impediment to additional residential development during the planning period based on the physical characteristics, existing uses, redevelopment potential (including improvement to land ratio, age of structures, building stories, lot coverage), known developer/owner interest, the City’s past experience with converting existing uses to higher density residential development, the current market for the existing uses, an analysis of existing leases to the extent information is known, development trends for other non-vacant sites on which development applications have been filed in Belmont and in other nearby cities in the region, and the significant regulatory incentives to encourage additional residential development on these sites; and
WHEREAS, in accordance with Government Code Section 65585(b), on July 1, 2022, the City posted the draft Housing Element and requested public comment for a 45-day review period, and on August 24, 2022, after responding to public comments, the City submitted the draft Housing Element to the State Department of Housing and Community Development (HCD) for its review; and,
WHEREAS, on November 22, 2022, the City received a letter from HCD providing its findings regarding the draft Housing Element; and,
WHEREAS, in accordance with Government Code Section 65585 (b) on January 13, 2023, the City published a revised draft Housing Element responding to HCD’s findings and requested public comment; and,
WHEREAS, The City of Belmont prepared a Final Programmatic Environmental Impact Report (EIR) for the Belmont Housing Element 2023-2031 update pursuant to the California Environmental Quality Act (CEQA); and
WHEREAS, the City Council adopted Resolution No. 2023-008 on January 30, 2023, certifying a programmatic Environmental Impact Report (EIR) for the Housing Element 2023- 2031 that analyzed the reasonably foreseeable and potentially significant adverse effects of the proposed project pursuant to the California Environmental Quality Act (CEQA); and, WHEREAS, on January 30, 2023, the City Council adopted a General Plan Amendment to repeal the 2015-2023 Housing Element and adopt the Housing Element of the 2035 General Plan for the period of 2023-2031, in compliance with State Housing Element Law and submitted the 2023-2031 Housing Element to HCD for its review; and
WHEREAS, on April 3, 2023, the City received a letter from HCD providing its findings regarding the adopted Housing Element; and,
130
WHEREAS, in accordance with Government Code Section 65585 (b), on October 11, 2023, the City published a revised draft Housing Element responding to HCD’s findings and requested public comment on the draft for a 7-day review period, and on October 19, 2023, after responding to public comments, submitted the document to HCD for its review; and, WHEREAS, on December 18, 2023, the City received a letter from HCD providing its findings regarding the draft revised Housing Element; and, WHEREAS, in accordance with Government Code Section 65585 (b), on May 21, 2024, the City published a revised draft Housing Element responding to HCD’s findings and requested public comment on the draft for a 7-day review period, and on May 28, 2024, after receiving no public comments, submitted the document to HCD for its review; and, WHEREAS, in accordance with Government Code Section 65585 (b), on July 18, 2024, the City posted a revised draft of the Housing Element and requested public comment for a 7-day review period, and on July 25, 2024, after receiving no public comments, the City resubmitted the draft revised Housing Element to HCD for its review; and, WHEREAS, on July 26, 2024, the City received a letter from HCD, provided as Exhibit A to this resolution, stating that the revised draft Housing Element meets the statutory requirements of the State Housing Element Law and that the Housing Element will substantially comply with State Housing Element Law (Gov. Code Sections 65580 et seq) when it is adopted, submitted to, and approved by HCD, in accordance with Government Code section 65585; and, WHEREAS, on August 20, 2024, the Planning Commission held a duly and properly noticed public hearing and recommended that the City Council repeal the previously adopted Housing Element adopt the revised Housing Element; and, WHEREAS, on September 10, 2024, the City Council conducted a duly and properly noticed public hearing to take public testimony and consider this Resolution regarding the proposed revised Housing Element, reviewed the Housing Element and all pertinent maps, documents and exhibits, including HCD’s findings, the City’s response to HCD’s findings, the staff report and all attachments, and oral and written public comments; and, NOW, THEREFORE, the City Council of the City of Belmont resolves as follows:

SECTION 1. The foregoing recitals are true and correct and are incorporated by reference into this action.

SECTION 2. The Housing Element substantially complies with State Housing Element Law.

SECTION 3. The City Council finds, based on substantial evidence and information provided in the record, including Chapter 6 of the Housing Element, that the existing uses on the non-vacant sites identified in the site inventory to accommodate the RHNA are likely to be discontinued during the planning period and therefore do not constitute an impediment to planned residential development on the site during the planning period. 131
SECTION 4. As required by Government Code § 65585(e), the City Council has considered the findings made by the Department of Housing and Community Development included in the Department's letter to the City dated July 26, 2024 (Exhibit A to this resolution).

SECTION 5. The City Council finds the revisions proposed in the Housing Element would not add any sites for multifamily housing from those in the formerly approved Housing Element analyzed in the program EIR. Likewise, no revisions are proposed which would alter or modify regulations in regard to density of development, scale of buildings, infrastructure, land uses or location which were not analyzed in the EIR. For this reason, the revised Housing Element is within the scope of the program EIR, and no subsequent or supplemental EIR is needed for these amendments, in that the changes are not substantial; and no substantial evidence exists showing that: (1) the changes in the Element will involve any new significant environmental effects or a substantial increase in the severity of previously identified environmental effects; (2) circumstances have changed since the EIR was certified; or (3) new information is available, which was not known and could not have been known when the EIR was certified, that shows that the Housing Element will have significant impacts not considered in the EIR. (CEQA Guidelines Sections 15168 and 15162.)
SECTION 6. The City of Belmont 2023-2031 Housing Element is hereby repealed in its entirety, and the revised City of Belmont 2023-2031 Housing Element, attached hereto as Exhibit B, incorporated by this reference.

SECTION 7. This resolution shall become effective immediately upon its adoption.

SECTION 8. The Community Development Director or designee is hereby directed to file all necessary materials with the Department of Housing and Community Development for the Department to find that the Housing Element is in conformance with State Housing Element Law and is further directed and authorized to make non-substantive changes to the Housing Element to make it internally consistent or to address any non-substantive changes or amendments required by the Department to achieve a finding of substantial conformance with State Housing Element Law.

SECTION 9. The Community Development Director or designee is hereby directed to distribute copies of the Housing Element in the manner provided in Government Code §§65357 and 65589.7.
* * *
132
ADOPTED September 10, 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

133
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
651 Bannon Street, Suite 400
Sacramento, CA 95811
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
July 26, 2024
Afshin Oskoui, City Manager
City of Belmont
1 Twin Pines Lane
Belmont CA, 94002
Dear Afshin Oskoui:

RE: City of Belmont’s 6th Cycle (2023-2031) Revised Draft Housing Element Thank you for submitting the City of Belmont’s (City) revised draft housing element received for review on May 28, 2024, along with revisions received on July 26, 2024.

The revisions were posted and made available to the public for seven days prior to review. Pursuant to Government Code section 65585, the California Department of Housing and Community Development (HCD) is reporting the results of its review.

The revised draft housing element, incorporating the revisions, meets the statutory requirements of State Housing Element Law, including requirements described in HCD’s December 18, 2023 review. In addition, this finding of compliance was based upon the adoption of Ordinance Number 2024-1175 to make prior identified sites available for lower-income households. The housing element will substantially comply with State Housing Element Law (Gov. Code, § 65580 et seq) when it is adopted, submitted to, and approved by HCD, in accordance with Government Code section 65585.

As a reminder, the City’s 6th cycle housing element was due January 31, 2023. As of today, the City has not completed the housing element process for the 6th cycle. The City’s 5th cycle housing element no longer satisfies statutory requirements. HCD encourages the City to adopt and submit to HCD to regain housing element compliance.

Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City must continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available while considering and incorporating comments where appropriate. Please be aware, any revisions to the element must be posted on the local government’s website and to email a link to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting to HCD.
134
Afshin Oskoui, City Manager

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In addition, as noted in the housing element, the housing element relies upon nonvacant sites to accommodate more than 50 percent of the Regional Housing Needs Allocation (RHNA) for lower-income households. For your information, the housing element must demonstrate existing uses are not an impediment to additional residential development and will likely discontinue in the planning period (Gov. Code, § 65583.2, subd. (g)(2).).

Absent findings (e.g., adoption resolution) based on substantial evidence, the existing uses will be presumed to impede additional residential development and will not be utilized toward demonstrating adequate sites to accommodate the RHNA.

Please note, upon adoption of the housing element, the City must submit an electronic version of the sites inventory with its adopted housing element to [email protected]. Pursuant to Government Code section 65583.3, subdivision (b), the City must utilize standards, forms, and definitions adopted by HCD when preparing the sites inventory. Please see HCD’s housing element webpage at https://www.hcd.ca.gov/planning-and-community-development/housing-elements for a copy of the form and instructions. The City can reach out to HCD at [email protected] for technical assistance.

Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant, the Affordable Housing and Sustainable Communities programs, and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City will meet housing element requirements for these and other funding sources.

For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the City to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at:
https://www.opr.ca.gov/planning/general-plan/guidelines.html.

HCD appreciates the hard work and dedication Kathy Kleinbaum, Assistant City Manager, and Laura Russell, Deputy Community Development Director provided in preparation of the City’s housing element and looks forward to receiving the City’s adopted housing element. If you have any questions or need additional technical assistance, please contact Andrea Grant, of our staff, at [email protected].

Sincerely,
Paul McDougall
Senior Program Manager
135
City of
2023 - 2031 Housing Element Update

BELMONT
Prepared for:

City of
Belmont
July 2024 136
B ELMONT H OUSING E LEMENT 2023 - 2031 i

ACKNOWLEDGEMENTS

CITY COUNCIL MEMBERS
Julia Mates, Mayor
Gina Latimerlo (Former Planning Commissioner)
Davina Hurt
Robin Pang-Maganaris

PLANNING COMMISSIONERS
Brian Kulich
David Kramer
Peter Meier
Nathan Majeski
Mark Gurevich

CITY STAFF
Jennifer Rose, Housing, Economic Development, and Finance Manager Laura Russell, Deputy Community Development Director
Kathy Kleinbaum, Assistant City Manager
Tim Shek, Associate Planner
Jeremy Ruiz, Assistant Planner
Carlos de Melo, Community Development Director
Azalea Renfield, Housing and Economic Development Manager Karen Clark, Management Analyst
Scott Rennie, City Attorney
Afshin Oskoui, City Manager

CONSULTANTS
Urban Planning Partners, Inc.

Carla Violet, Project Manager
Emily Culling, Project Planner
Diana R. Elrod Consulting
Root Policy Research (Through 21 Elements)
Community Planning Collaborative (Through 21 Elements)
Goldfarb & Lipman, Barbara Kautz
Joanne Adamkewicz
Cherry Twigg
Stephen Kelley
Caroline Pyrz
Rocsana Enriquez
Tom McCune
Charles Stone
Warren Lieberman
137
B ELMONT H OUSING E LEMENT 2023 - 2031 iii

TABLE OF CONTENTS
ACKNOWLEDGEMENTS.................................................................................................................................. i City Council Members.............................................................................................................................. i Planning Commissioners......................................................................................................................... i City Staff....................................................................................................................................................... i Consultants ................................................................................................................................................. i 1 INTRODUCTION.................................................................................................................................. 1-1

1.1 Introduction to Belmont........................................................................................................ 1-1

1.2 Housing Element Update Process...................................................................................... 1-2

1.3 Legislative Context.................................................................................................................. 1-2

1.4 General Plan Consistency...................................................................................................... 1-6

1.5 Housing Element Organization........................................................................................... 1-6

1.6 Public Participation Summary.............................................................................................. 1-7 2 HOUSING NEEDS................................................................................................................................ 2-1

2.1 Demographics and Housing Needs................................................................................... 2-2

2.2 Housing Stock Characteristics and Needs ....................................................................... 2-4

2.3 Special Needs Populations................................................................................................... 2-6

2.4 Units at Risk of Conversion to Market Rate................................................................... 2-10 3 AFFIRMATIVELY FURTHERING FAIR HOUSING SUMMARY................................................ 3-1

3.1 History of Segregation in the Region................................................................................ 3-2

3.2 Belmont’s Fair Housing Assessment.................................................................................. 3-2

3.3 Fair Housing Challenges and Contributing Factors ...................................................... 3-4

3.4 Fair Housing Action Plan....................................................................................................... 3-8 4 CONSTRAINTS..................................................................................................................................... 4-1

4.1 Non-Governmental Constraints.......................................................................................... 4-1

4.2 Governmental Regulations and Constraints.................................................................. 4-12 5 RESOURCES........................................................................................................................................... 5-1

5.1 Administrative Resources...................................................................................................... 5-1

5.2 Financial Resources................................................................................................................. 5-2

5.3 Energy Conservation Opportunities .................................................................................. 5-8 6 ADEQUATE SITES................................................................................................................................ 6-1

6.1 Regional Housing Needs Allocation (RHNA).................................................................. 6-2

6.2 Progress Towards the RHNA................................................................................................ 6-3

6.3 Site Inventory Methodology................................................................................................ 6-7 138

TABLE OF CONTENTS
iv

6.4 Sites Inventory........................................................................................................................ 6-19

6.5 Sites Summary........................................................................................................................ 6-47 7 HOUSING GOALS, POLICIES, AND PROGRAMS...................................................................... 7-1

7.1 Goals, Policies, and Implementing Programs.................................................................. 7-1

7.2 Program Implementation Matrix...................................................................................... 7-23

APPENDICES
Appendix A Housing Needs Analysis
Appendix B Sites Inventory
Appendix C Fair Housing Assessment
Appendix D Effectiveness of Previous Housing Element
Appendix E Outreach
139

TABLE OF CONTENTS
B ELMONT H OUSING E LEMENT 2023 - 2031 v

LIST OF FIGURES
Figure 2-1: Housing Tenure .................................................................................................... 2-5 Figure 3-1: Racial Dot Map of Belmont (2020)........................................................................ 3-5 Figure 3-2: Racial Dot Map of Belmont and Surrounding Areas (2020) ................................... 3-6 Figure 3-3: Income Dot Map of Belmont (2015) ...................................................................... 3-7 Figure 3-4: Visualization of Housing Mobility Programs and Existing Multi-Family............... 3-10 Figure 4-1: Average Per Unit Cost Construction of New Below Market Rate Housing (2019 Data by County).................................................................................................... 4-4 Figure 4-2: Flooding and Fire Hazards .................................................................................... 4-8 Figure 4-3: Fire Hazard Severity Zones Near Belmont............................................................ 4-9 Figure 4-4: S-2 Emergency Shelter Combining District........................................................ 4-26 Figure 6-1: Sites Inventory Map............................................................................................ 6-20 140

TABLE OF CONTENTS
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LIST OF TABLES
Table 2-1: Income Limits for San Mateo County (2023)......................................................... 2-2 Table 2-2: Final Regional Housing Needs Allocations............................................................ 2-2 Table 2-3: Below-Market Rate and Publicly Assisted Housing Units (2023)............................ 2-11 Table 3-1: Fair Housing Action Plan ..................................................................................... 3-11 Table 4-1: Vacant Land Costs Per Acre (2020)....................................................................... 4-3 Table 4-2: Previous Development Timelines........................................................................ 4-11 Table 4-3: Land Use Categories Allowing Residential Uses .................................................. 4-13 Table 4-4: Housing Types Permitted in Residential and Corridor Mixed-Use Districts......... 4-14 Table 4-5: Housing Types Permitted in Village Zoning Districts........................................... 4-15 Table 4-6: Residential Zoning Development Standards ....................................................... 4-17 Table 4-7: Village Zoning District Development Standards................................................. 4-18 Table 4-8: Residential Zones Parking Requirements........................................................... 4-19 Table 4-9: Inclusionary Zoning Requirements and Fees ...................................................... 4-22 Table 4-10: Pipeline and Pending Project in Mixed-Use Districts .......................................... 4-25 Table 4-11: Parking standards for Emergency Shelters..........................................................4-27 Table 4-12: Residential Project Development Review Time Frames ...................................... 4-33 Table 4-13: Example Residential Project Development Fees ................................................ 4-38 Table 4-14: Total Development Fees Per Unit....................................................................... 4-38 Table 4-15: Belmont New Residential Development Fees FY 2022-2023............................... 4-40 Table 5-1: Other Public Funding Sources .............................................................................. 5-5 Table 6-1: RHNA Affordability Levels in Belmont ................................................................. 6-3 Table 6-2: Belmont RHNA..................................................................................................... 6-3 Table 6-3: Pipeline and Pending Projects Affordability Overview ......................................... 6-5 Table 6-4: Six-Year Accessory Dwelling Unit (ADU) Production............................................ 6-6 Table 6-5: RHNA Credits....................................................................................................... 6-7 Table 6-6: Pipeline and Pending Multi-Family Projects Site Characteristics .......................... 6-9 Table 6-7: Pipeline and Pending Project Densities on Consolidated Sites Over ½-Acre ...... 6-12 Table 6-8: Pipeline and Pending Project Densities on Sites Under ½-Acre........................... 6-13 Table 6-9: Floor Area Ratio (FAR) and Height for Pipeline and Pending Projects................. 6-14 Table 6-10: Site Inventory Summary..................................................................................... 6-21 Table 6-11: Sites Inventory Affordability Breakdown............................................................ 6-47 Table 7-1: Quantified Objectives for Cycle 6 (2023 – 2031)................................................... 7-23 Table 7-2: Housing Production Quantified Objectives Alignment with Belmont’s RHNA..... 7-23 Table 7-3: Program Implementation Matrix......................................................................... 7-25 141
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1 INTRODUCTION
Since 1969, State law requires that jurisdictions throughout California complete a Housing Element. The City itself is not responsible for building or producing this housing, but it must demonstrate that it has policies and programs in place to support housing construction for all income levels, as well as available land appropriately zoned to accommodate new housing. The Housing Element must include a variety of statistics on housing needs, constraints to development, and policies and programs to implement a variety of housing-related land use actions, and a detailed inventory of “opportunity sites” on which future housing may be built.

The Housing Element is part of the City’s General Plan and sets forth the policies and programs to address the housing needs for Belmont. It is the City’s eight-year housing strategy from the period of 2023-2031 for how it will meet the community’s housing needs. State law (Government Code Sections 65580-65589.8) requires that every city and county in California adopt a Housing Element, subject to State approval, as part of its General Plan. Per Senate Bill (SB) 375 (Statutes of 2008), the planning period for the Housing Element is eight years. The Housing Element is the only element of a locality’s General Plan that must be approved (“certified”) by the State, through its Department of Housing and Community Development (HCD) to ensure it meets all statutory requirements. Having a certified Housing Element is a prerequisite for many state grants and funding programs.

1.1 INTRODUCTION TO BELMONT
Known for its wooded hills, views of the San Francisco Bay and stretches of open space, Belmont is a quiet residential community amid the culturally and technologically rich Bay Area.

Belmont is in San Mateo County, half-way between San Francisco and San Jose. The city is within easy driving distance of the Pacific coast, three major airports, and major employment centers including San Francisco, Silicon Valley, and the East Bay. Since its incorporation in 1926, Belmont has grown from a small town of less than 1,000 residents to a community of over 142

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28,000 in 2020. Much of the city’s
population and housing growth occurred
during the 1950s and 1960s during the postwar periods. Most of the neighborhoods are found on the hillsides with access to many
open spaces and parks. There are excellent
public and private schools with high test
scores. The downtown has easy access to
freeway and rail transportation and is a mix
of small shops and other commercial uses.

The community is approaching build-out
and has a limited amount of vacant land available for future residential development. Some small vacant residential lots exist in the hillside neighborhoods. However, there are substantial opportunities for revitalization and redevelopment of older buildings into new residential development in the downtown and along the major commercial arterials, El Camino Real, Ralston Avenue, and Old County Road.

1.2 HOUSING ELEMENT UPDATE PROCESS
The California State Legislature has identified the attainment of a decent home and suitable living environment for every Californian as a statewide goal. Local planning programs play a critical part in achieving this goal. Therefore, the Legislature mandates that all cities and counties prepare a Housing Element as part of their comprehensive General Plans (California Government Code Section 65580 et al.).

It is intended that this Housing Element be reviewed annually and updated and modified not less than every eight years to remain relevant and useful and reflect the community’s changing housing needs including the state’s mandated housing needs allocation. The City will annually review its progress implementing the Housing Element through Annual Progress Reports required to be submitted to the State. The City is updating its Housing Element at this time to comply with the update required of all jurisdictions in the Association of Bay Area Governments (ABAG) region, as well as to respond to the issues that currently face the City. This Housing Element update covers the planning period from January 31, 2023 through January 31, 2031, which represents the sixth cycle for the region.

1.3 LEGISLATIVE CONTEXT
Since the City’s last Housing Element was adopted and certified in 2014, many pieces of housing legislation have been signed into law, resulting in substantive changes to state housing law and Housing Element requirements.
 Affordable Housing Streamlined Approval Process: Senate Bill 35 (2017), Assembly Bill 168 (2020), and Assembly Bill 831 (2020). SB 35 created a streamlined, ministerial review Three21 @ Belmont Apartments located at 321 Oxford Way
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process for qualifying multi-family, urban infill projects in jurisdictions that have failed to approve housing projects sufficient to meet their state‐mandated RHNA. Among other requirements, to qualify for streamlining under SB 35, a project must incorporate one of two threshold levels of affordable housing: (1) 10 percent of the project’s units in jurisdictions that have not approved housing projects sufficient to meet their RHNA for above moderate‐income housing or have failed to submit an annual progress report as required under State law; or (2) 50 percent of the project’s units in jurisdictions that have not approved housing projects sufficient to meet their RHNA for below moderate‐income housing. AB 168 added a requirement to provide a formal notice to each California Native American tribe that is affiliated with the area of the proposed project. The Housing Element must describe the City’s processing procedures related to SB 35. This is discussed further in Chapter 4, Constraints.
 Additional Housing Element Sites Analysis Requirements: Assembly Bill 879 (2017) and Assembly Bill 1397 (2017). These bills require additional analysis and justification of the sites included in the sites inventory of the City’s Housing Element. The Housing Element may only count non‐vacant sites included in one previous housing element inventory and vacant sites included in two previous housing elements if the sites are subject to a program that allows affordable housing by right. Additionally, the bills require additional analysis of non‐vacant sites and additional analysis of infrastructure capacity, and place size restrictions on all sites.
 Affirmatively Furthering Fair Housing: Assembly Bill 686 (2017). AB 686 ensures that public entities, including local governments, administer their programs relating to housing and urban development in a manner affirmatively to further the purposes of the federal Fair Housing Act and do not take any action that is materially inconsistent with its obligation to affirmatively further fair housing. It also requires that housing elements of each city and county promote and affirmatively further fair housing opportunities throughout the community for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act, Government Code Section 65008, and any other state and federal fair housing and planning law. AB 686 requires jurisdictions to assess fair housing in the housing element, prepare the housing element site inventory through the lens of affirmatively furthering fair housing, and include program(s) to affirmatively further fair housing.
 No‐Net‐Loss Zoning: Senate Bill 166 (2017). SB 166 amended the No‐Net‐Loss rule to require that the land inventory and site identification programs in the Housing Element include sufficient sites to accommodate the unmet RHNA. When a site identified in the Housing Element as available to accommodate the lower‐income portion of the RHNA is actually developed for a higher income group, the City must either (1) identify, and rezone, if necessary, an adequate substitute site or (2) demonstrate that the land inventory already contains an adequate substitute site.
 By Right Transitional and Permanent Supportive Housing: Assembly Bill 2162 (2018) and Assembly Bill 101 (2019). AB 2162 requires the City to change its zoning to provide a 144

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“by right” process and expedited review for supportive housing. The bill prohibits the City from applying a conditional use permit or other discretionary review to the approval of 100 percent affordable developments that include a percentage of supportive housing units, either 25 percent or 12 units, whichever is greater. The change in the law applies to sites in zones where multi-family and mixed uses are permitted, including in nonresidential zones permitting multi-family use. Additionally, AB 101 requires that a Low Barrier Navigation Center development be a use by right in mixed-use zones and nonresidential zones permitting multi-family uses if it meets specified requirements.  Accessory Dwelling Units (ADUs): Assembly Bill 2299 (2016), Senate Bill 1069 (2016), Assembly Bill 494 (2017), Senate Bill 229 (2017), Assembly Bill 68 (2019), Assembly Bill 881 (2019), Assembly 587 (2019), Senate Bill 13 (2019), Assembly Bill 670 (2019), Assembly Bill 671 (2019), and Assembly Bill 3182 (2020). In recent years, multiple bills have added requirements for local governments related to ADU ordinances. The 2016 and 2017 updates to State law included changes pertaining to the allowed size of ADUs, permitting ADUs by right in at least some areas of a jurisdiction, and limits on parking requirements related to ADUs. More recent bills reduce the time to review and approve ADU applications to 60 days, remove lot size requirements and replacement parking space requirements and require local jurisdictions to permit junior ADUs. AB 68 allows an ADU and a junior ADU to be built on a single-family lot, if certain conditions are met. The State has also removed owner-occupancy requirements for ADUs, created a tiered fee structure that charges ADUs based on their size and location, prohibits fees on units of less than 750 square feet, and permits ADUs at existing multi-family developments. AB 671 requires the Housing Element to include plans to incentivize and encourage affordable ADU rentals. AB 3182 prohibits homeowner’s associations from imposing rental restrictions on ADUs.  Density Bonus and Development Incentives: Assembly Bill 1763 (2019) and Assembly Bill 2345 (2020). AB 1763 amended California’s density bonus law to authorize significant development incentives to encourage 100 percent affordable housing projects, allowing developments with 100 percent affordable housing units to receive an 80 percent density bonus from the otherwise maximum allowable density on the site. If the project is within half a mile of a major transit stop, the City may not apply any density limit to the project, and it can also receive a height increase of up to three additional stories (or 33 feet). In addition to the density bonus, qualifying projects will receive up to four regulatory concessions. Additionally, the City may not impose minimum parking requirements on projects with 100 percent affordable housing units that are dedicated to special needs or supportive housing. AB 2345 created additional density bonus incentives for affordable housing units provided in a housing development project. It also requires that the annual report include information regarding density bonuses that were granted.  Housing Crisis Act of 2019: Senate Bill 330 (2019). SB 330 enacts changes to local development policies, permitting, and processes that will be in effect through January 1, 2025. SB 330 places new criteria on the application requirements and processing times for housing developments; prevents localities from decreasing the housing capacity of any site, such as through downzoning or increasing open space requirements, if such a decrease 145

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would preclude the jurisdiction from meeting its RHNA housing targets; prohibits localities from imposing a moratorium or similar restriction or limitation on housing development; prevents localities from establishing non-objective standards; and requires that any proposed demolition of housing units be accompanied by a project that would replace or exceed the total number of units demolished. Additionally, any demolished units that were occupied by lower-income households must be replaced with new units affordable to households with those same income levels. The City’s processing procedures related to SB 330 are described further in Appendix B.
 Surplus Land Act Amendments: Assembly Bill 1486 and AB 1255 (2019). AB 1486 refines the Surplus Land Act to provide clarity and further enforcement to increase the supply of affordable housing. The bill requires the City to include specific information relating to surplus lands in the Housing Element and Housing Element Annual Progress Reports, and to provide a list of sites owned by the city or county that have been sold, leased, or otherwise disposed of in the prior year. AB 1255 requires the City to create a central inventory of surplus and excess public land each year. The City is required to transmit the inventory to the Department of Housing and Community Development (HCD) and to provide it to the public upon request.
 Housing Impact Fee Data: Assembly Bill 1483 (2019). AB 1483 requires the City to publicly share information about zoning ordinances, development standards, fees, exactions, and affordability requirements. The City is also required to update such information within 30 days of changes. This Housing Element describes governmental constraints on the production of housing, including a look at zoning requirements, development standards, fees, exactions, and affordability requirements. Changes in requirements made during the Housing Element planning period will also be reported as part of the City’s annual Housing Element Progress Report.
 SB 6, Beall (Chapter 667, Statutes of 2019). Jurisdictions are required to prepare the housing site inventory on forms developed by HCD and send an electronic version with their adopted housing element to HCD. HCD will then send those inventories to the Department of General Services by December 31 of each year.
 Housing Opportunity and More Efficiency (HOME) Act: Senate Bill 9, Atkins (Chapter 162, Statutes of 2021). Effective January 1, 2022, SB 9 requires the City to allow up to two residential dwelling units and residential lot splits in single-family zones. SB 9 allows for reduced standards, such as setbacks, minimum parcel dimensions, and parking. The City must apply objective zoning standards that do not preclude construction of up to two 800- square-foot units. To prevent displacement, the State does not allow SB 9 projects to demolish any affordable or rent controlled housing, or housing that has been occupied by a tenant within the last three years. Projects that meet the qualifying criteria and requirements must be ministerially approved and are not subject to CEQA review. 146

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1.4 GENERAL PLAN CONSISTENCY
The Housing Element is the only chapter in a general plan with statutorily prescribed timelines for completion. To ensure internal consistency among all General Plan elements, the City will update its Land Use Element to be consistent with Housing Element in terms of land uses, population, and housing projections. In addition, the City will make updates to the Safety Element consistent with Gov. Code Section 65302 and 65302.5. Annually, during the preparation of the Annual Performance Report to HCD, the City will review any potential changes to other Elements of the General Plan to ensure ongoing consistency. This includes any time that General Plan updates are being proposed.

1.5 HOUSING ELEMENT ORGANIZATION
Consistent with State law, this Housing Element consists of the following major components:

1. Introduction [Chapter 1]. Explains the purpose, process, and contents of the Housing Element.

2. Housing Needs [Chapter 2]. Presents an analysis of population and employment trends, the city’s fair share of regional housing needs, household characteristics, and the condition of the housing stock.

3. Affirmatively Furthering Fair Housing Summary [Chapter 3]. Summarizes the Assessment of Fair Housing and explains how the City intends to proactively address affirmatively furthering fair housing (AFFH) considerations through our Housing Element programs.

4. Constraints [Chapter 4]. Reviews governmental constraints, including land use controls, fees, and processing requirements, as well as non-governmental constraints, such as construction costs, availability of land and financing, physical environmental conditions, and units at risk of conversion, which may impede the development, preservation, and maintenance of housing.

5. Resources [Chapter 5]. Identifies resources available for the production and maintenance of housing, and discussion of federal, state, and local financial resources and programs available to address the City’s housing goals.

6. Adequate Sites [Chapter 6]. Describes and maps the land suitable for residential development to accommodate the City’s Regional Housing Needs Allocation (RHNA) and describes the anticipated development on those sites.

7. Housing Goals, Policies, and Programs [Chapter 7]. Identifies the City’s housing goals and provides policies and programs to address Belmont’s housing needs.

Given the detail and lengthy analysis in developing the Housing Element, supporting background material is included in the following appendices:
 Appendix A: Housing Needs Report
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 Appendix B: Sites Inventory
 Appendix C: Assessment of Fair Housing Report
 Appendix D: Review of Housing Element Past Performance Program Accomplishments  Appendix E: Outreach

1.6 PUBLIC PARTICIPATION SUMMARY

OVERVIEW
The Housing Element is an important document that will shape the future of our community.

Therefore, it is important that it reflects the vision of the people who make the City of Belmont special. To accomplish this, Belmont developed and implemented an outreach plan designed to reach as many community members who live and work here as possible. For some of the community outreach activities, Belmont partnered with other San Mateo County jurisdictions for a first-of-its-kind countywide outreach effort, through an award-winning collaboration called “21 Elements.” A summary of public participation and community outreach activities, along with key takeaways, are included below.

WEBSITE AND SOCIAL MEDIA
 Belmont developed a city website at www.belmont.gov/housingelement to host all information and resources related to the Housing Element update. The webpage hosted an archive of past Belmont Housing Elements, recordings and materials from all community engagement activities, and multiple ways for people to provide feedback, including a virtual sites map. The City’s homepage also included a banner linking visitors to the Housing Element Webpage.
 Belmont participated in and helped shape the “Let’s Talk Housing” regional housing collaboration. Let’s Talk Housing developed a countywide website available in five languages, a Belmont webpage (www.letstalkhousing.org/belmont) detailing the City’s timeline, engagement activities and resources that also linked to the Belmont website, videos about the process in several languages, and a social media presence. As of February 2022, the website has been visited more than 17,000 times, with more than 20 percent from mobile devices.
 Belmont created a dedicated e-notification list to keep interested parties informed about the Housing Element update process.
 Belmont utilized a variety of social media platforms to inform the community about the housing update process, solicit community survey responses.

COMMUNITY MEETINGS
Belmont participated in several meetings and webinars in partnership with 21 Elements, including the following.
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 Introduction to the Housing Element – A housing element overview with breakout discussion rooms that was part of a series of introductory meetings attended by more than 1,000 community members countywide.
 All About RHNA – A webinar offering a deep dive into the RHNA allocation process and the opportunity sites methodology.
 Stakeholder Listening Sessions – Four meetings where staff from all County jurisdictions could listen to and hold breakout discussions with housing stakeholder groups arranged by topic. More than 30 groups participated.
 Creating an Affordable Future – A four-part webinar series to help educate community members about local housing issues.

Belmont coordinated and hosted numerous public meetings to review components of the Housing Element update; all the following meetings’ recordings and materials can be found on the City’s Housing Element webpage.
 City Council Public Study Session (May 11, 2021) – An introduction to the Belmont Housing Element.
 City Council Public Meeting (January 11, 2022) – An update on the Housing Element and housing development activity review.
 Affirmatively Furthering Fair Housing Workshop (March 23, 2022) – A virtual community meeting to review AFFH and new Housing Element requirements.  City Council Public Study Session (April 26, 2022) – A review of draft housing sites, AFFH assessment, and draft Housing Element programs.
 Planning Commission Public Study Session (May 17, 2022) – A review of draft housing sites, AFFH assessment, and draft Housing Element programs.
 Housing Element Community Workshop (June 27, 2022) – A highly attended virtual meeting to review the Housing Element update and the connection between housing growth and transportation, parks, and other land use planning efforts within the city.  Planning Commission Draft Housing Element and EIR Review (July 19, 2022) – Available to attend both in-person and virtually.
 City Council Draft Housing Element and EIR Review (July 26, 2022) – Available to attend both in-person and virtually, with speech and hearing-impaired services available by request.
 Planning Commission Housing Element and EIR Review (January 17, 2023) – Recommendation to the City Council to adopt the Housing Element and certify the EIR.

Available to attend both in-person and virtually, with speech and hearing-impaired services available by request.
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 City Council Public Meeting Certifying the Final Programmatic EIR and adoption of the 2023-2031 Housing Element (January 30, 2023) –Available to attend both in-person and virtually, with speech and hearing-impaired services available by request.  City Council Public Study Session (September 26, 2023) – This presentation focused on reviewing additional policies related to AFFH and provide an update on the revisions made in response to the April 2023 HCD comment letter.
 City Council Public Study Session (March 26, 2024) – This presentation focused on new Housing Mobility programs in response to HCD comments that will support more housing opportunities across the city, specifically targeting low–density neighborhoods in response to the December 2023 HCD comment letter.

OTHER OUTREACH STRATEGIES
 Community Mailer Postcard #1 – Direct postcard mailer in March 2022 to all residential units in Belmont introducing the Housing Element update, promoting the online AFFH survey, and promoting the March AFFH Community Workshop. The postcard was also distributed at the Belmont Library and Twin Pines Senior & Community Center; invitation for comments in Spanish included.
 AFFH Fair Housing Online Survey – To gather insight on community needs and priorities.

Survey link provided in direct postcard mailer to all residential units in Belmont, shared on social media (Facebook, NextDoor, Instagram, Twitter), City website, Citywide Weekly Update, and citywide utility bill insert mailer; survey made available in English, Spanish, simplified Chinese, Tagalog, and Vietnamese; 174 survey responses.  Community Mailer Postcard #2 – Direct postcard mailer to all residential units advertising where to find the draft Housing Element and Environmental Impact Review (EIR) and promoting the June community housing workshop. The postcard was also distributed at the Belmont Library and Twin Pines Senior & Community Center; invitation for comments in Spanish included.
 Citywide Utility Bill Inserts – The City designed and distributed an information flier with the with quarterly municipal sewer utility bill that included information about the Housing Element Update, a short URL link to the AFFH fair housing survey, housing element web address and housing email address for people to provide comments.

SPECIAL NEEDS COMMUNITY OUTREACH EFFORTS
During the Housing Element development process, Belmont made diligent efforts to engage all economic segments of the Belmont community, including special needs populations. These efforts are details above, and summarized below:
 Belmont Senior Residents. One of the largest special needs housing populations in Belmont are seniors, with an aging senior population, several senior living facilities located in Belmont and a robust senior community center located near Belmont City Hall. During the Housing Element development process, the City made sure that both the Fair Housing 150

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community mailer and the Public Notice mailer were delivered to all residential tenants in Belmont. The City reached out to senior living facilities to ensure distribution of materials to residents who might not otherwise be on community or property owner mailing lists.

The City made sure to provide printed materials at the Belmont Senior Center grab-and-go lunches that were extremely well attended during the COVID-19 pandemic closure of other traditional community gathering spaces.
 Translation Services. In order to ensure non-English speaking residents had opportunities to participate in the community engagement process, the City made sure to include both Spanish and simplified Chinese translation on printed and digital communications that invited residents to provide input on the Housing Element development process in their language of preference (see example below). Written translation services were provided by ABAG. The City of Belmont Housing Element webpage continues to include verbiage in Spanish offering residents to provide written feedback in their language of preference.  Resident Housing Surveys. The City of Belmont participated in the ABAG Regional Housing Technical Assistance (RHTA) online housing survey which was made available in English, Spanish, Tagalog, Vietnamese, and simplified Chinese. Belmont also participated in a Countywide Fair Housing Survey that was available online, in both Spanish and English, in a format accessible to screen readers, and promoted through City communications and social media as well as through partner networks. A total of 2,382 residents participated, 89 were from Belmont.
 Equity Advisory Group. Belmont participated in an Equity Advisory Group with 21 Elements to ensure outreach was designed to meet with community stakeholders where they were at as much as possible. The Equity Advisory Group consisting of 18 organizations across San Mateo County that provided feedback on outreach and materials, and shared information about the Housing Element update and how to participate in the process with the communities they serve. Belmont has provided direct Housing Element updates, meeting invitations, and other related Housing Element development materials to various housing service providers who have been engaged with the City during the two-year process. See above for more details on the Equity Advisory Group effort and community participants.
 Accessible City Housing Element Website. The City created a Housing Element update website that was mobile friendly, with accessibility features and in multiple languages, recognizing that lower-income residents, young adults, and people of color are more likely to use their phones to access information about the Housing Element process.

KEY TAKEAWAYS
Below is a summary of key takeaways that emerged throughout the outreach process.  Housing is personal. People often have differing views on housing because it is a very personal issue tied to feelings of safety, belonging and identity. Often the comments reflected people’s current housing situation. Those with safe, stable housing that they can afford were more concerned with potential change. Those without were more interested in 151

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bolder policies and more housing generally. Many people shared meaningful stories of being priced out of their communities or of their children not being able to live in the community where they grew up.
 The price of housing is a major concern. Through surveys responses and people who spoke during community meetings, many Belmont residents voiced concerns about the high cost to rent or buy a home today, either for themselves, friends, or family. It is an issue that touches a lot of lives.
 More housing is needed. Generally, participants agreed that Belmont needs more housing, particularly affordable housing. However, there are diverging views on how to accomplish this, where housing should go, and what it should look like.  Single-family neighborhoods are polarizing. While some people voiced their interest in up-zoning sites near single-family neighborhoods, a majority of Belmont homeowners want to protect single family neighborhoods and the property investments they have made.
 Affordable housing is a top concern. Many felt that more needed to be done to promote affordable housing. They also felt that developers should be eligible for incentives and opportunities that make them more competitive.
 Better information resources. People wanted to know how to find affordable housing in their communities and navigate the process of applying for it.  Issues are connected. Transportation, infrastructure like storms and sewer facilities, adequate park and recreation space, climate change, access to living wage jobs and education opportunities are all tied to housing and quality of life. These issues are not siloed in people’s lives and there is a desire to address them in interconnected ways. The June 2022 community workshop included Belmont staff from Housing, Planning, Public Works, and Parks and Recreation to provide comprehensive information about housing growth in Belmont.
 Regional input matters but there’s more to figure out. It was valuable to build a broader sense of community and share resources at the countywide level. However, it was more important to this process to engage non-resident community members on jurisdictionspecific input. The City will continue to utilize some of the Housing Element engagement strategies for future community engagement efforts to insure inclusion outreach.  Diversity in participation was a challenge. Despite partnering with organizations to engage with the hardest to reach communities and providing multilingual outreach, achieving diversity in participation was challenging. In the wake of Covid-19, organizations already operating on limited resources were focused on supporting immediate needs, while the added stresses of life coupled with the digital divide added additional barriers for many.
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DRAFT HOUSING ELEMENT PUBLIC REVIEW PERIODS
The City has received extensive community input over the two years related to various aspects of the Housing Element, including the CEQA review process. The City has worked diligently to respond to comments and concerns and to make adjustments to the draft document based on that input. The formal 30-day public review period of the Draft Housing Element ran from July 1, 2022 to August 1, 2022, during which 88 written comments were received. In addition, during the public review period, both the Planning Commission (July 19th) and the City Council (July 26) held public meetings to review the full draft Housing Element and received substantial public comment. During both public meetings, over 45 speakers provided comments and feedback on the plan.

Housing Element study sessions were also held by the City Council (April 26) and Planning Commission (May 17th), during which 31 written comments were received. One additional email comment was received following the AFFH community workshop held in March 2022.

On July 26, 2022, the Belmont City Council directed staff to route the draft Housing Element to the State Department of Housing and Community Development (HCD), following incorporation of the Belmont Planning Commission's recommended revisions. HCD then provided written comments to the City and in response, City staff incorporated redline revisions to the Housing Element documents.

On January 30, 2023, following the Planning Commission's recommendation, the Belmont City Council held a public hearing to certify the final Programmatic Environmental Impact Report (EIR) and adopt the 2023-2031 Housing Element. By February 1, 2023, a CEQA Notice of Determination was filed, and the Housing Element was formally submitted to HCD. On April 3, 2023, HCD provided written comments to the City which resulted in an additional revision to the draft Housing Element, including policies added to the Housing Element were reviewed by the City Council at their September 26, 2023 meeting. The revised Housing Element was submitted to HCD for review on October 19, 2023 following a 7-day public review period.

On December 18, 2023, HCD provided additional written comments to the City. Additional Housing Mobility programs added to the Housing Element were reviewed by the City Council at their March 26, 2024 meeting. A subsequent draft Housing Element was prepared in response to HCD comments which included a major re-organization and re-formatting to improve the readability of the document.

HOW WE INCORPORATED WHAT WE HEARD INTO THE PLAN
The outreach and community engagement conducted played an important role in the development of the goals, policies, and programs within the 2023-2031 Housing Element. The overarching challenge of housing affordability and availability was heard often. In addition to addressing concerns related to fair housing and ensuring compliance with new laws, and in response to the public comments made during and before the public review, multiple additional 153

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revisions, clarifying edits, and corrections were made to prior to submittal to HCD. Those revisions and updates include the following.
 Service Commercial Sites ─ In response to significant community concerns about the proposal to rezone sites zoned Service Commercial along Old County Road to allow housing development, 20 sites were removed from the inventory resulting in a reduction of 629 housing units. Belmont officials acknowledged that housing development may still occur at these locations, but a proposed change of land use would be better analyzed by the City and community when accompanied by a specific housing development proposal.  Building Heights ─ The City received many written and verbal comments objecting to increasing building heights in the Corridor Mixed Use (CMU) and Village Station Core (VCS) zoning districts. In response, this plan does not propose any building height increases and they are not necessary to accommodate Belmont’s RHNA allocation.  Special Needs Housing ─ Additional data on persons with developmental or intellectual disabilities has been included, and several programs recommended by regional housing advocates are included that address concerns about ensuring housing opportunities for this special needs group, many of whom are extremely low-income.  BVSP Zoning ─ Based on feedback from housing developers on the success of the Belmont Village Specific Plan (BVSP) zoning, which does not include a maximum density metric, similar zoning modifications were extended throughout the El Camino Real transit corridor. The Corridor Mixed Use zoning district was modified to increase the allowable floor area ratio and eliminate the maximum density metric. In response to community comments, the City also expanded the objective form-based urban design requirements from the BVSP to the CMU zoning district. These zoning code amendments were completed in January 2024.
 Traffic and Parking ─ In response to community concerns related to traffic and parking in residential neighborhoods adjacent to the priority development areas, the City hosted a community listening session on June 27, 2022 that was attended by staff from several City departments, including the Community Development Director, the Parks and Recreation Director, and the Public Works Director. The community meeting provided an opportunity for residents to share their concerns directly with City officials. The meeting also provided an opportunity for Public Works staff to provide an update on streets and roads infrastructure projects either planned or in progress.
 Opportunity Sites ─ Many of the public comments received suggested that more housing opportunity sites should be proposed in other locations in Belmont, primarily suggesting that more sites west of El Camino Real should be included on the housing sites inventory. In response to these comments, the City enhanced community outreach and information materials to better explain the site selection methodology, emphasizing that multi-family housing sites should have proximity to public transit and other resources that are found in the City’s priority development area (PDA). In addition, the draft Housing Element Environmental Impact Report (EIR) notes that vehicle miles traveled (VMT), the key metric for determining the impact of new development on traffic, is substantially lower on sites 154

1. INTRODUCTION
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located near transit and along major thoroughfares. Furthermore, the Housing Element includes several programs as part of the City’s Fair Housing Action Plan that encourage the construction of new housing units in predominately single-family neighborhoods throughout the city.
 Development Project Comments ─ The City received a significant number of comments related to a proposed housing development located at 580 Masonic Way, a pipeline project site included on the sites inventory. The project is an allowed use under current zoning and the project application submittal is currently under review. To address concerns raised related to this project, the City created an updated project information website to distribute current and accurate project details to the community. 155
B ELMONT H OUSING E LEMENT 2023 - 2031 2-1
2 HOUSING NEEDS
The Plan Bay Area 2050 Final Blueprint1 forecasts that the nine-county Bay Area will add 1.4 million new households between 2015 and 2050. For the eight-year timeframe covered by this Housing Element, the Department of Housing and Community Development (HCD) has identified the region’s housing need as 441,176 units. The total number of housing units assigned by HCD is separated into four income categories that cover housing types for all income levels, from extremely low-income households to market rate housing.

Every year, the US Department of Housing and Urban Development (HUD), in conjunction with the State of California, establish income categories based on the median income in each county. Based on new requirements for the completion of the Housing Element, jurisdictions must now report on the following categories of income.
 Extremely Low-Income: 0-30% of Area Median Income, or AMI  Very Low-Income: 30-50% AMI
 Low-Income: 50-80% AMI
 Moderate-Income: 80-120% AMI
 Above Moderate-Income: 120%+ AMI
Table 2-1 illustrates the income categories for San Mateo County in 2023. The median income for a family of four is $175,000.

The Regional Housing Needs Determination (RHND) is based on population projections produced by the California Department of Finance (DOF) as well as adjustments that incorporate the region’s existing housing need. The adjustments result from recent legislation requiring HCD to apply additional adjustment factors to the baseline growth projection from the DOF, for the regions to get closer to healthy housing markets. To this end, adjustments 1 Plan Bay Area 2050 is a long-range plan charting the course for the future of the nine-county San Francisco Bay Area. It covers four key issues: the economy, the environment, housing and transportation. 156

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TABLE 2-1: INCOME LIMITS FOR SAN MATEO COUNTY (2023)
Number of
Persons in Household 1 2 3 4 5 6 7 8
San Mateo
County
Area Median
Income:
$175,000
Acutely Low- $18,400 $21,000 $23,650 $26,250 $28,350 $30,450 $32,550 $34,650 Extremely Low- $39,150 $44,750 $50,350 $55,900 $60,400 $64,850 $69,350 $73,800 Very Low-Income $65,250 $74,600 $83,900 $93,200 $100,700 $108,150 $115,600 $123,050 Low-Income $104,400 $119,300 $134,200 $149,100 $161,050 $173,000 $184,900 $196,850 Median-Income $122,500 $140,0000 $157,500 $175,000 $189,000 $203,000 $217,000 $231,000 Moderate-Income $147,000 $168,000 $189,000 $210,000 $226,800 $243,600 $260,400 $277,200 Source: State of California Department of Housing and Community Development (HCD), June 6, 2023, https://www.hcd.ca.gov/sites/ default/files/docs/grants-and-funding/income-limits-2023.pdf. focus on the region’s vacancy rate, level of overcrowding and the share of cost burdened households and seek to bring the region more in line with comparable ones.2 These new laws governing the methodology for how HCD calculates the RHND resulted in a significantly higher number of housing units for which the Bay Area must plan compared to previous RHNA cycles.

Almost all jurisdictions in the Bay Area received a larger RHNA this cycle compared to the last cycle, primarily due to changes in state law that led to a considerably higher RHND compared to previous cycles. The allocation that Belmont received from the Draft RHNA Methodology is broken down by income category as follows:

TABLE 2-2: FINAL REGIONAL HOUSING NEEDS ALLOCATIONS
Income Group
Belmont
Units
San Mateo
County
Units
Bay Area
Units
Belmont
Percent
San Mateo
County
Percent
Bay Area
Percent
Very Low-Income (<50% of AMI) 488 12,196 114,442 27.3% 25.6% 25.9% Low-Income (50%-80% of AMI) 281 7,023 65,892 15.7% 14.7% 14.9% Moderate-Income (80%-120% of AMI) 283 7,937 72,712 15.9% 16.6% 16.5% Above Moderate-Income (>120% of AMI) 733 20,531 188,130 41.1% 43.1% 42.6% Total 1,785 47,687 441,176 100.0% 100.0% 100.0%
Source: Association of Bay Area Governments (ABAG) Final Regional Housing Needs Allocations Plan, adopted on December 16, 2021 and approved by California Housing and Community Development on January 12, 2022.

2.1 DEMOGRAPHICS AND HOUSING NEEDS
The following are key facts regarding the city’s demographic data and housing needs and issues from the demographic report, which may be found in Appendix A. 2 For more information on HCD’s RHND calculation for the Bay Area, see this letter sent to ABAG from HCD on June 9, 2020: https://www.hcd.ca.gov/community-development/housing-element/docs/abagrhnafinal060920(r).pdf. 157

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 Population – Generally, the population of the Bay Area continues to grow because of natural growth and because the strong economy draws new residents to the region. The population of Belmont increased by 6.7% from 2000 to 2020, which is below the growth rate of the Bay Area.
 Age – In 2019, Belmont’s youth population under the age of 18 was 6,233 and senior population 65 and older was 4,538. These age groups represent 23.0% and 16.7%, respectively, of Belmont’s population.
 Race/Ethnicity – In 2020, 53.9% of Belmont’s population was White while 1.0% was African American, 28.3% was Asian, and 12.1% was Latinx. Proportionally, Belmont has a lower overall percentage of people of color than the Bay Area as a whole (49.9%).3  Employment – Belmont residents most commonly work in the Financial & Professional Servicesindustry. From January 2010 to January 2021, the unemployment rate in Belmont decreased by 3.0 percentage points. Since 2010, the number of jobs located in the jurisdiction increased by 560 (9.5%). Additionally, the jobs-household ratio in Belmont has decreased from 0.75 in 2002 to 0.62 jobs per household in 2018.  Number of Homes – The number of new homes built in the Bay Area has not kept pace with the demand, resulting in longer commutes, increasing prices, and exacerbating issues of displacement and homelessness. The number of homes in Belmont increased, 0.6% from 2010 to 2020, which is below the growth rate for San Mateo County and below the growth rate of the region’s housing stock during this time period.  Home Prices – A diversity of homes at all income levels creates opportunities for all Belmont residents to live and thrive in the community.
 Ownership – The largest proportion of homes had a value in the range of $1M-$2M in 2019. Home prices increased by 123.6% from 2010 to 2020.  Rental Prices – The typical contract rent for an apartment in Belmont was $2,250 in 2019. Rental prices increased by 76.8% from 2009 to 2019. To rent a typical apartment without cost burden, a household would need to make $90,040 per year.4  Housing Type – It is important to have a variety of housing types to meet the needs of a community today and in the future. In 2020, 58.0% of homes in Belmont were single family detached, 6.0% were single family attached, 3.1% were small multi-family (2-4 units), and

32.9% were medium or large multi-family (5+ units). Between 2010 and 2020, the number of single-family units increased more than multi-family units. Generally, in Belmont, the 3 The Census Bureau’s American Community Survey accounts for ethnic origin separate from racial identity. The numbers reported here use an accounting of both such that the racial categories are shown exclusive of Latinx status, to allow for an accounting of the Latinx population regardless of racial identity. The term Hispanic has historically been used to describe people from numerous Central American, South American, and Caribbean countries. In recent years, the term Latino or Latinx has become preferred. This report generally uses Latinx, but occasionally when discussing US Census data, we use Hispanic or Non-Hispanic, to clearly link to the data source. 4 Note that contract rents may differ significantly from, and often being lower than, current listing prices. 158

2. HOUSING NEEDS
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share of the housing stock that is detached single family homes is above that of other jurisdictions in the region.
 Displacement/Gentrification – According to research from The University of California, Berkeley, no households in Belmont live in neighborhoods that are susceptible to or experiencing displacement, and none live in areas at risk of or undergoing gentrification.

45.5% of households in Belmont live in neighborhoods where low-income households are likely excluded due to prohibitive housing costs.
 Neighborhood – All residents in Belmont live in neighborhoods identified as “Highest Resource” or “High Resource” areas by state-commissioned research, while none of residents live in areas identified by this research as “Low Resource” or “High Segregation and Poverty” areas. These neighborhood designations are based on a range of indicators covering areas such as education, poverty, proximity to jobs and economic opportunities, low pollution levels, and other factors.5
 Special Housing Needs – Some population groups may have special housing needs that require specific program responses, and these groups may experience barriers to accessing stable housing due to their specific housing circumstances. In Belmont, 9.0% of residents have a disability of any kind and may require accessible housing. Additionally, 5.2% of Belmont households are larger households with five or more people, who likely need larger housing units with three bedrooms or more. 6.7% of households are female-headed families, which are often at greater risk of housing insecurity.

2.2 HOUSING STOCK CHARACTERISTICS AND NEEDS

HOUSING COSTS AND COST BURDEN
HUD considers housing to be affordable for a household if the household spends less than 30% of its income on housing costs. A household is considered “cost-burdened” if it spends more than 30% of its monthly income on housing costs, while those who spend more than 50% of their income on housing costs are considered “severely cost-burdened.” Low-income residents are the most impacted by high housing costs and experience the highest rates of cost burden.

In In Belmont, 23.6% of renters are cost burdened (spending 30% to 50% of their income on housing) compared to 12.5% of those who own. In addition, 20.7% of renters are severely costburdened (spending 50% or more of their income on housing), while only 7.5% of owners fall into this category. Of all households in Belmont, 15% spend 50% or more of their income on housing, while 18.1% spend 30% to 50%. However, these rates vary greatly across income 5 For more information on the “opportunity area” categories developed by HCD and the California Tax Credit Allocation Committee, see this website: https://www.treasurer.ca.gov/ctcac/opportunity.asp. The degree to which different jurisdictions and neighborhoods have access to opportunity will likely need to be analyzed as part of new Housing Element requirements related to affirmatively furthering fair housing. ABAG/MTC will be providing jurisdictions with technical assistance on this topic this summer, following the release of additional guidance from HCD.
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categories; for example, 76.4% of Belmont households making less than 30% of AMI spend most of their income on housing. For Belmont residents making more than 100% of AMI, just

0.3% are severely cost-burdened, and 89.9% of those making more than 100% of AMI spend less than 30% of their income on housing.

HOUSING TYPE AND TENURE
The number of residents who own their homes compared to those who rent their homes can help identify the level of housing insecurity, or the ability for individuals to stay in their homes, within a city and region. Generally, renters may be displaced more quickly if prices increase. In Belmont, there are 10,285 housing units, and fewer residents rent (39.2%) than own (60.8%). As seen in Figure 2-1, this is similar to San Mateo County, though in the Bay Area as a whole, a greater percentage rent (43.9%).

Figure 2-1: Housing Tenure
Universe: Occupied housing units.

Source: U.S. Census Bureau, American Community Survey 5-Year Data (2015-2019), Table B25003.

For the data table behind this figure, please refer to the Data Packet Workbook, Table POPEMP-16.

Homeownership rates often vary considerably across race/ethnicity in the Bay Area and throughout the country. These disparities not only reflect differences in income and wealth but also stem from federal, state, and local policies that limited access to homeownership for communities of color while facilitating homebuying for White residents. While many of these policies, such as redlining, have been formally disbanded, the impacts of race-based policies are still evident across Bay Area communities. For more information on disparities in homeownership across lines of race and age, see Appendix A: Housing Needs and Appendix C:

Assessment of Fair Housing.

In recent years, most housing produced in the region and across the state has consisted of single-family homes and larger multi-unit buildings. However, some households are increasingly interested in “missing middle housing”—including duplexes, triplexes, townhomes, cottage clusters, and accessory dwelling units (ADUs). These housing types may open more 160

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options across incomes and tenure, from young households seeking homeownership to seniors looking to downsize and age-in-place.

The 2020 Belmont housing stock was made up of 58.0% single-family detached homes, 32.9% multi-family homes with five or more units, 6.0% single-family attached homes, 3.1% multifamily homes with 2 to 4 units, and 0.0% mobile homes. From 2010 to 2020, the housing type that experienced the most growth was Single-Family Home: Detached. In Belmont, the largest proportion of the housing stock was built from 1960 to 1979. Since 2010, 1.4% of the current housing stock has been built.

Vacant units constitute 6.5% of Belmont’s overall housing stock. The rental vacancy rate stands at 10.0%, while the ownership vacancy rate is 0.8%. Of the vacant units, the most common type of vacancy is For Rent.

From 2015 to 2023, Belmont issued permits for 715 housing units. Of these, 71% were for above moderate-income housing, 11% were for moderate-income housing, and 18% were for low- or very low-income housing.

HOUSING CONDITION
Generally, there is limited data on the extent of substandard housing in a community; however, the Census Bureau data measuring a lack of kitchen and plumbing facilities can provide a sense of some substandard conditions that may be present in Belmont. For example, 6.6% of Belmont renters reported lacking a complete kitchen and 0.3% of renters lacked complete plumbing, compared to 0.6% of owners who lack a complete kitchen and 0.0% of owners who lacked complete plumbing. Another measure of housing condition is the age of housing. In general, the older the unit, the greater it can be assumed to need some level of rehabilitation. A general rule in the housing industry is that structures older than 20 years begin to show signs of deterioration and require renovation to maintain their quality. Unless properly maintained, homes older than 50 years can pose health, safety, and welfare problems for occupants. Based on the age of the housing stock, it is estimated that there are approximately 1,311 units in need of some level of rehabilitation in Belmont, representing 12% of the housing stock. It is estimated that nearly all units in need of rehabilitation can be repaired without replacement.

As part of this update, Belmont will establish partnerships with organizations that provide home repairs and energy-efficiency improvements for low-income households (see Program H2.4).

2.3 SPECIAL NEEDS POPULATIONS
This section includes an analysis of Belmont’s housing for special needs populations, including large households, female-headed households, seniors, people with disabilities, homeless farmworkers, non-English speakers, and extremely low-income households. To address special 161

2. HOUSING NEEDS
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needs housing, the City has included the following programs in Chapter 7, Housing Goals, Policies, and Programs:
 Amend the zoning code to define be consistent with state law regulating farmworker housing (Program H4.2).
 Modify the Inclusionary Housing Program to provide pathways for the construction of affordable units that address the needs of residents with extremely low and very low incomes who face very high rates of cost burden in the city (Program H5.3).  Establish a grant or loan program to incentivize homeowners to construct ADUs affordable to lower income households (targeting special needs populations such as seniors, persons with disabilities, and large households) (Program H5.10).  Identify areas of the city with the highest potential for the addition of ADUs and JADUs due to sloping lots that create underfloor area prime for conversion to living area. Conduct direct outreach to those property owners and provide technical assistance (targeting special needs populations such as seniors, developmentally disabled persons, and large households) (Program H5.11).

LARGE HOUSEHOLDS
Large households often have different housing needs than smaller households. If a city’s rental housing stock does not include larger apartments, large households that rent could end up living in overcrowded conditions. In Belmont, for large households with five or more people, most units (65.2%) are owner-occupied. In 2017, 13.8% of large households were very lowincome, earning less than 50% of the area median income (AMI). In addition to overcrowding, large households also often have a cost burden. In Belmont, most large households that are paying too much for housing are lower-income households. Although this is primarily because there are very few large renter households, there are disproportionately fewer large renter households than large owner-occupied households. Large families are generally served by housing units with three or more bedrooms, of which there are 6,175 units in Belmont. Among these large units with three or more bedrooms, 10.8% are renter-occupied while 89.2% are owner occupied.

FEMALE-HEADED HOUSEHOLDS
Households headed by one person are often at a greater risk of housing insecurity. This is particularly true of female-headed households, where the female may be supporting children or other family with a single income. In Belmont, the largest proportion of households is Marriedcouple Family Households (61.8%), while Female-Headed Households make up 6.7% of households.

Female-headed households with children may face elevated housing challenges, with pervasive gender inequality resulting in lower wages for women. Moreover, the added need for childcare can make finding a home that is affordable more challenging. In Belmont, 5.3% of femaleheaded households with children fall below the Federal Poverty Line, while 2.0% of female162

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headed households without children live in poverty. The 2015-2019 American Community Survey showed that single parents comprised approximately 9.7% of Belmont households. Of these, the vast majority were female-headed, single-parent households (68.3% of single-parent households). Female-headed families have a higher incidence of poverty when compared to all households and are more likely renters than owners. Of the female headed households in Belmont, 57.6% were renters.

SENIORS
Senior households often experience a combination of factors that can make accessing or keeping affordable housing a challenge. They often live on fixed incomes and are more likely to have disabilities, chronic health conditions, and reduced mobility. Seniors who rent may be at an even greater risk for housing challenges than those who own due to income differences between these groups. The largest proportion of senior households who rent make up 0%-30% of AMI, while the largest proportion of senior households who are homeowners falls in the income group Greater than 100% of AMI. Approximately 27.3% of households in Belmont are senior households. While many earn incomes over 100% of median income, 51% earns incomes less than 80% of median. Cost burden is prevalent amongst elderly households, especially those earning the lowest incomes. For example, although extremely low-income senior households represent 21% of total senior households, they represent more than 49.5% of senior households with a cost burden. Of all senior households, 15.8% are cost-burdened, and 22.9% are severely cost-burdened.

PEOPLE WITH DISABILITIES
People with disabilities face additional housing challenges. Encompassing a broad group of individuals living with a variety of physical, cognitive, and sensory impairments, many people with disabilities live on fixed incomes and need specialized care, yet often rely on family members for assistance due to the high cost of care. In Belmont, 9% of people have a disability of any kind. In Belmont and elsewhere, persons with disabilities have a wide range of different housing needs, which vary depending on the type and severity of the disability as well as personal preference and lifestyle. Physical, mental, and/or developmental disabilities may prevent a person from working, restrict one’s mobility, or make it difficult to care for oneself.

HOMELESSNESS
Homelessness remains an urgent challenge in many communities across the state, reflecting a range of social, economic, and psychological factors. Homelessness is disproportionately experienced by people of color, people with disabilities, those struggling with addiction, and those dealing with traumatic life circumstances. The San Mateo County Human Services Agency (HSA), in close collaboration with community partners, conducts the bi-annual One Day Homeless Count and Survey (count). The purpose of the count is to gather and analyze information to help the community understand homelessness in the County. 163

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The 2022 One Day Homeless Count and Survey counted found 13 unsheltered individuals in the City of Belmont. This was an increase from 2019, when seven homeless individuals were located, but lower than in 2013, when 43 people were counted. For more information, see https://www.smcgov.org/hsa/2022-one-day-homeless-count.

The County of San Mateo is the primary coordinator of services for people experiencing homelessness in the County. The City of Belmont will continue to provide support for strategic initiatives to help address the challenges faced by people experiencing homelessness in the city, as well as to support the implementation of the County’s 2022-2025 Continuum of Care (COC) Strategic Plan on Homelessness.

FARMWORKERS
Farmworkers are traditionally defined as persons whose primary incomes are earned through seasonal or permanent agricultural work. Farmworkers have special housing needs because they earn lower incomes than many other workers. In many parts of Northern California, agriculture production is an important contribution to local economies, especially in Napa and Sonoma Counties. In Belmont, there are no known farmworkers, and it does not have any farm housing or land remaining in agricultural use. Furthermore, no land within Belmont is designated for agricultural use. According to American Community Survey’s 2019 five-year data, there could be an estimated 30 farmworkers in Belmont; however, the margin of error for this figure is +/- 42, indicating this information is unreliable. Even at 30 farmworkers, this represents only 0.1% of the total population in the city. Due to the low number of potential agricultural workers in the city, the housing needs of migrant and/or farmworker housing need can be met through general affordable housing programs. As there are no known farmworkers in Belmont, there were no reported students of migrant workers in the 2019-20 school year.

NON-ENGLISH SPEAKERS
California has long been an immigration gateway to the U.S., which means many languages are spoken throughout the Bay Area. Since learning a new language is universally challenging, it is common for residents who have immigrated to the U.S. to have limited English proficiency. In Belmont, 3.6% of residents five years and older identify as speaking English “not well” or “not at all,” which is below the percentage in San Mateo County. The City provides an option on its website that allows it to be translated into other languages. In addition, the City is making an enhanced effort to provide translations on public notices that are sent via mail.

EXTREMELY LOW-INCOME HOUSEHOLDS
Despite the economic and job growth experienced throughout the region since 1990, the income gap has continued to widen. California is one of the most economically unequal states in the nation, and the Bay Area has the highest income inequality between high- and lowincome households in the state. In Belmont, 59.5% of households make more than 100% of the Area Median Income (AMI), compared to 11.1% making less than 30% of AMI, which is considered extremely low-income.
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Regionally, more than half of all households make more than 100% AMI, while 15% make less than 30% AMI. In San Mateo County, 30% AMI is the equivalent to the annual income of $44,000 for a family of four. Many households with multiple wage earners—including food service workers, full-time students, teachers, farmworkers, and healthcare professionals—can fall into lower AMI categories due to relatively stagnant wages in many industries.

State law requires jurisdictions to estimate the number of extremely low-income households– those earning less than 30% of median income.

Extremely low-income (ELI) households are more likely to experience housing problems and cost burden. In Belmont, 11.1% of households are ELI. These households make up 5.9% of owners and 12.6% of renters. ELI renter and ELI owner households experience about the same level of cost burden 70.7% and 70.8%, respectively of their income going towards housing costs.

While White households make up the bulk of the ELI households (61.2%), many households of color also earn extremely low incomes. For example, Asian/Pacific Islander households make up

15.7% of extremely low-income households in Belmont, while Hispanic/Latinx make up 12.7%% (while only representing 8.7% of the total population). Racial/ethnic, income, and housing problem demographics are further described in Appendix D, Assessment of Fair Housing, of this Housing Element.

2.4 UNITS AT RISK OF CONVERSION TO MARKET RATE
State law requires that each city provide analysis and programs for preserving existing affordable housing units that were developed with public subsidies. Units at risk of conversion are those units in which the restrictions, agreements, or contracts to maintain the affordability of the units expire or are otherwise terminated. At expiration, units may revert to market rate, rendering them no longer affordable to the people living in them. Loss of affordability can occur at the termination of bond funding, the expiration of density bonuses, and other similar local programs.

The potential loss of existing affordable housing units is an important issue to the City due to displacement of lower-income tenants and the limited alternative housing for such persons. It is typically less expensive to preserve the affordability of these units than to subsidize construction of new affordable units due to the inflation of land and construction costs which has occurred since the original development of the affordable housing projects.

The Housing Element includes Program H2.1, Support Retention of Existing Lower-Income Units, which directs the City to continue annually monitoring all units potentially at risk of conversion to market rate

CITY OF BELMONT BELOW-MARKET RATE AND PUBLICLY-ASSISTED HOUSING Table 2-3 inventories existing below-market rate and publicly-assisted housing units in the City of Belmont in 2023. Assistance to help low-income households afford housing is also 165

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TABLE 2-3: BELOW-MARKET RATE AND PUBLICLY ASSISTED HOUSING UNITS (2023) Project Name
and Address
Building
Type
Total
Units
Affordable
Units
Property
Owner
Household
Type
Funding
Source
Expiration
Date
Bonnie Brae Terrace
(formerly Lesley
Terrace), 2400
Carlmont Dr
Apartment 164 164 Bonnie Brae
Terrace, LP
All lowerincome
groups;
Disabled;
Seniors
Section 8 (60
units); Program
236 (104 units)
Section 8
2039;
others 2031
Horizons, 825 Old
County Rd Apartment 24 24 MidPen Housing
Very lowincome
Families;
Disabled
Section 8; City
Housing
Successor Loan;
Program
202/162
2039
Belmont House, 730
El Camino Real
Group
Home 6 6 City of
Belmont
Low-income
Disabled
City RDA; City
Housing
Successor
No expiration;
City-owned
property
Waltermire Apts,
631 Waltermire St Apartment 10 2
Waltermire
St Partners
LP
Moderateincome
Families
City RDA 2039
Belmont Apts, 800 F
Street Apartment 24 24
Mental
Health
Association
of SMC
Very Lowincome
Disabled
City RDA; HOME; 2058
Crestview Group
Home, 503
Crestview
Group
Home 6 6 City of Belmont
Low- and
moderateincome
Disabled
County CDBG &
State deferred
loan;
No expiration;
City-owned
property
Firehouse Square,
1300 El Camino Real Apartment 66 65 City of
Belmont
All lowerincome
groups;
AHF, County,
City, TCAC 2090
Emmett House,
1000 O’Neill Duplex 2 2 City of
Belmont
Moderate
income City RDA
No expiration;
City-owned
property
Hiller Street Group
Home, 803 Hiller St
Group
Home 6 6
Family
Housing
and Adult
Resources,
Inc.

Very Lowincome,
disabled
County CDBG
deferred loan
Expiration
date N/A
North Road Group
Home, 901 North Rd
Group
Home 8 8
Family
Housing
and Adult
Resources,
Inc.

Very Lowincome,
disabled
County CDBG
deferred loan
Expiration
date N/A
Sterling Point
Ownership BMR,
935 Old County Rd
Townhome
s 48 7
Individually
owned
units
Moderateincome
First-time
home
buyers
City RDA
2039, 2041,
2041, 2041,
2042, 2042,
2042
25 Oxford Place
SingleFamily
Detached
1 1 Individually
owned unit
Moderateincome
families
City RDA 2030
41 Oxford Place
SingleFamily
Detached
1 1 Individually
owned unit
Moderateincome
families
City RDA 2030
TOTAL 366 316
City of Belmont, 2024.
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available through the Housing Authority of the County of San Mateo’s Section 8 Housing Choice Voucher program which can be used to access units in buildings that are not restricted as below market rate. Based on information from the City’s records, there are a total of 106 units that are potentially at risk of conversion, which includes 104 units located in the Bonnie Brae Terrace complex and two single family properties.

Of the remaining units, all are considered at low-medium risk of conversion to market rate.

Preservation of at‐risk projects can be achieved in a variety of ways, with adequate funding availability. Alternatively, units that are converted to market rate may be replaced with new assisted multi‐family units with specified affordability timeframes.

RENTAL ASSISTANCE
State, local, or other funding sources can be used to provide rental subsidies to maintain the affordability of at‐risk projects. These subsidies can be structured to mirror the Housing Choice Voucher/Section 8 program, whereby the subsidy covers the cost of the unit above what is determined to be affordable for the tenant’s household income (including a utility allowance) up to the fair market value of the apartment. The total annual subsidy to maintain at‐risk units is estimated at about $20,000 per unit.

TRANSFER OF OWNERSHIP
If the current organizations managing the units at risk are no longer able to maintain a project, transferring ownership of the affordable units to a nonprofit housing organization is a viable way to preserve affordable housing for the long term. The estimated market value for affordable units that are potentially at high risk of converting to market rate is likely $350,000 per unit.

CONSTRUCTION OF REPLACEMENT UNITS
The construction of new low‐income housing can be a means to replace at‐risk units, though extremely costly. The cost of developing new housing depends on a variety of factors including density, size of units, construction quality and type, location, land and development costs.

Using the Terner Center’s research on the cost to develop affordable housing around the Bay Area, the cost to replace any units could be as much as $700,00 per unit.

ENTITIES INTERESTED IN PARTICIPATING IN CALIFORNIA'S FIRST RIGHT OF REFUSAL

PROGRAM
An owner of a housing development with restrictions (i.e., is under agreement with federal, state, and local entities to receive subsidies for low‐income tenants), may plan to sell their “atrisk” property. HCD has listed qualified entities that may be interested in participating in California's First Right of Refusal Program. If an owner decides to terminate a subsidy contract or prepay the mortgage or sell or otherwise dispose of the assisted housing development, or if the owner has an assisted housing development in which there will be the expiration of rental 167

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restrictions, the owner must first give notice of the opportunity to offer to purchase to a list of qualified entities provided to the owner.

HCD has identified the following six entities that may be interested in participating in California's First Right of Refusal Program in San Mateo County.  ROEM Development Corporation
 Northern California Land Trust, Inc.
 Housing Corporation of America
 Mid‐Peninsula Housing Coalition
 Affordable Housing Foundation
 Alta Housing (previously Palo Alto Housing Corp)
Of these entities, some have worked specifically in Belmont, and others have completed projects in surrounding areas. If a development becomes at risk of conversion to market‐rate housing, the City will maintain contact with local organizations and housing providers who may have an interest in acquiring at‐risk units and will assist other organizations in applying for funding to acquire at‐risk units.

FUNDING SOURCES
A critical component to implementing any of these preservation options is the availability of adequate funding, which can be difficult to secure. In general, Low‐Income Housing Tax Credit funding is not readily available for rehabilitation and preservation, as the grant application process is highly competitive and prioritizes new construction. The City’s previous ongoing funding source, Low/Moderate Housing Funds available through the Redevelopment Agency, no longer exists due to the dissolution of the Redevelopment Agency more than a decade ago.

However, affordable housing impact fees and inclusionary zoning in-lieu fees are a new and successful local funding source. Additional available funding sources that can support affordable housing preservation include sources from the federal and state governments, as well as local and regional funding.

Federal Funding
 HOME Investment Partnerships (HOME) Program
 Project‐Based Vouchers (Section 8)
 Section 811 Project Rental Assistance
 Veterans Affairs Supportive Housing (VASH) Vouchers
State Funding
 Affordable Housing and Sustainable Communities (AHSC) Program  Golden State Acquisition Fund (GSAF)
 Project Homekey
 Housing for a Healthy California (HHC)
 Multi-Family Housing Program (MHP)
 National Housing Trust Fund
 Predevelopment Loan Program (PDLP)
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 Permanent Location Housing Allocation (PLHA)
Regional, Local, and Nonprofit Funding
 San Mateo County Affordable Housing Fund
 Housing Successor Agency for the Redevelopment Agency  Commercial Linkage Fee (CLF)
 City Affordable Housing Fund (LMI)
 City Inclusionary Housing Fund
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3 AFFIRMATIVELY

FURTHERING FAIR

HOUSING SUMMARY
California Assembly Bill (AB) 686, which was signed into law in 2018 requires that all public agencies in the state affirmatively further fair housing (AFFH) beginning January 1, 2019. Public agencies receiving funding from the U.S. Department of Housing and Urban Development (HUD) are also required to demonstrate their commitment to AFFH. The federal obligation stems from the fair housing component of the federal Civil Rights Act mandating federal fund recipients to take “meaningful actions” to address segregation and related barriers to fair housing choice.

AB 686 requires all public agencies to “administer programs and activities relating to housing and community development in a manner that affirmatively furthers fair housing, and take no action inconsistent with this obligation”.1
AB 686 also makes changes to Housing Element Law to incorporate requirements to AFFH as part of the housing element and general plan to include an analysis of fair housing outreach and capacity, integration and segregation, access to opportunity, disparate housing needs, and current fair housing practices.
1 California Department of Housing and Community Development Guidance, 2021, page 9. 170

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3.1 HISTORY OF SEGREGATION IN THE REGION
The United States’ oldest cities have a history of mandating segregated living patterns—and Northern California cities are no exception. ABAG, in its recent Fair Housing Equity Assessment, attributes segregation in the Bay Area to historically discriminatory practices—highlighting redlining and discriminatory mortgage approvals—as well as structural inequities in society, and self-segregation (i.e., preferences to live near similar people).

Researcher Richard Rothstein’s 2017 book The Color of Law: A Forgotten History of How Our Government Segregated America chronicles how the public sector contributed to the segregation that exists today. Rothstein highlights several significant developments in the Bay Area region that played a large role in where the region’s non-White residents settled.

Pre-civil rights San Mateo County faced resistance to racial integration, yet it was reportedly less direct than in some Northern California communities, taking the form of “blockbusting” and “steering” or intervention by public officials. These local discriminatory practices were exacerbated by actions of the Federal Housing Administration which excluded low-income neighborhoods, where most people of color lived, from its mortgage loan program.

According to the San Mateo County Historical Association, San Mateo County’s early African American residents worked in a variety of industries, from logging, to agriculture, to restaurants and entertainment. Expansion of jobs, particularly related to shipbuilding during and after World War II attracted many new residents into the Peninsula, including the first sizable migration of African Americans. Enforcement of racial covenants after the war forced African American residents into neighborhoods where they were allowed to occupy housing— housing segregated into less desirable areas, next to highways, and concentrated in public housing and urban renewal developments. As a result of these practices, the African American population today is very low in both Belmont (2.1%) and San Mateo County (2.7%).

3.2 BELMONT’S FAIR HOUSING ASSESSMENT
The Fair Housing Assessment (Appendix C) follows the April 2021 State of California State Guidance for AFFH. The study was conducted as part of the 21 Elements process, which facilitates the completion of Housing Elements for all San Mateo County jurisdictions. It includes the following sections.

PRIMARY FINDINGS
Primary findings from the Fair Housing Assessment for the City of Belmont describes fair housing enforcement and outreach capacity, integration and segregation, access to opportunity, disparate housing needs, and contributing factors and the city’s fair housing action plan.
 From 2017 to 2021, nine fair housing inquiries and two fair housing complaints were made by Belmont residents. A complaint filed in 2017 concerned refusal to rent based on 171

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national origin; it was settled through a conciliation agreement. A 2021 complaint based on disability for failure to make reasonable accommodations was withdrawn by the complainant.
 Fifty-four percent of Belmont’s population is Non-Hispanic White, 28% is Asian, 12% is Hispanic/Latinx, and 4% is other races or mixed race. Belmont has proportionately fewer residents of color than in the County and the Bay area overall, although the city’s Asian population is on par with the proportion in the county and Bay area.  Belmont has grown more racially and ethnically diverse since 2000 and 2010, largely due to growth in Asian residents (mostly occurring between 2010 and 2020) and a slight increase in Hispanic/Latinx residents (mostly between 2000 and 2010).  Racial and ethnic minority populations in Belmont—except for Asians—are more likely to be living in poverty and be housing cost burdened compared to the non-Hispanic White population. They are also slightly more likely to be denied a mortgage loan.  Although Asian residents are less likely than other residents to experience cost burden, they have relatively high rates of overcrowding, suggesting that some are doubling up to afford to live in Belmont.
 One-third of Non-Hispanic White households are cost burdened, with 15% severely cost burdened. Only 2.8% live in overcrowded conditions.
 One-quarter of Asian households are cost burdened with only 9% severely burdened.

Yet 7.8% live in overcrowded conditions.
 Hispanic/Latinx households have much higher rates of cost burden—48% are burdened and 25% severely burdened—and one in ten lives in an overcrowded household.  Nearly all of Belmont’s households earning 30% of AMI and less are cost burdened, with the vast majority severely burdened. The level of burden diminishes greatly once households earn 80% of AMI and more.
 According to TCAC’s educational opportunity map, all census tracts in Belmont have schools with the most positive educational outcomes. Belmont offers a strong educational environment citywide. Students with disabilities in the Belmont-Redwood Shores district score comparatively well compared to students with disabilities in other districts.
 Yet educational outcomes still vary for some racial and ethnic groups, and the school district could improve proficiency gaps and differences in suspension rates. Specifically, 82% of students in Belmont’s district meet or exceed English language arts and literacy standards; 79% exceed math standards; both are higher than the county overall. These outcomes are much lower for some students of color: 44% of Black or African American students and 64% of Hispanic students meet or exceed state English language arts standards, and 37% of Black or African American students and 52% of Hispanic students meet or exceed state math standards.
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 Suspensions are disproportionately high for Hispanic students. Hispanic students make up 34% of the high school district student body yet account for 66% of suspensions.  Belmont’s largest challenge lies in housing affordability. In two census tracts, between 40% and 60% of renter households face housing burden. Yet compared to surrounding cities, Belmont offers better rental affordability, according to the HCD Location Affordability Index. Just 18% of Belmont’s owner-occupied units are priced below $1 million, compared to 44% for the county and 65% for the Bay area overall.  Belmont has not kept up with demand for new housing. The number of homes in Belmont increased by 4% from 2010 to 2020, much improved from the prior decade where housing units increased by just 1%. Yet production still lags demand, especially for affordable housing. Between 2010 and 2020, Belmont built more single family than multifamily homes, and the city’s share of housing stock comprised of single family detached homes is above that of other jurisdictions in the region.  Nine percent of Belmont’s residents have a disability, which is on par with the county and the Bay Area overall.
 Belmont does not currently have a pattern of segregation or clustering based on race unlike nearby cities. The Racial Dot Map (Figure 3-1) provides a visual demonstration of the spatial distribution of residents based on race in Belmont while Figure 3-2 includes the surrounding area for context.
 Geospatially, lower-income residents are distributed throughout the city, without strong patterns of clustering. The Income Dot Map (Figure 3-3) shows that Belmont has a distribution of all income groups with a slight concentration of above-moderate income residents in the northwest portion of the city.

3.3 FAIR HOUSING CHALLENGES AND CONTRIBUTING FACTORS
Belmont is characterized by high-resourced neighborhoods, where residents have good access to employment opportunities and strong educational outcomes and live in environmentally healthy areas. In comparison to the Bay Area and surrounding jurisdictions, Belmont does not have a concentration of low-income household in lower resourced neighborhoods. Belmont struggles, however, to provide the housing and affordability needed by low- and moderateincome households. As such, Belmont households who cannot afford housing are significantly cost burdened and some live in overcrowded conditions.

The fair housing issues—and the factors contributing to those issues—identified by the research conducted for this AFFH include the following.
 Few residents file fair housing complaints, indicating a potential lack of awareness about fair housing rights. Contributing factors include lack of access to information about fair housing rights and limited knowledge of fair housing by residents. 173

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Figure 3-1: Racial Dot Map of Belmont (2020)
Universe: Population.

Note: The plot shows the racial distribution at the census block level for City of Belmont and vicinity. Dots in each census block are randomly placed and should not be construed as actual placement of people.

Source: U.S. Census Bureau, 2020 Census State Redistricting Data (Public Law 94-171) Summary File, 2020 Census of Population and Housing, Table P002.
 Other than Asian residents, Belmont has proportionately fewer residents of color than in the county and the Bay area overall. Contributing factors include lack of affordable housing and low housing production.
 Persons of color are highly cost burdened and/or live in overcrowded housing conditions.

Households with incomes of less than 80% AMI face very high levels of burden, with 93% of extremely low-income households facing burden and 79% of 31-50% AMI households facing burden. Contributing factors include lack of affordable housing, lack of a range of housing types, lower incomes of persons of color, and low housing production.  Access to quality educational institutions is strong, but students of color still face disparities in subject proficiency within schools. Overall, 82% of students in Belmont’s district meet or exceed English language arts and literacy standards and 79% exceed math standards. For Black or African American students, however, 44% are English language arts and literacy proficient and 37% are math proficient. For Hispanic students, 64% are English language arts and literacy proficient and 52% are math proficient. 174

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Figure 3-2: Racial Dot Map of Belmont and Surrounding Areas (2020) Universe: Population.

Note: The plot shows the racial distribution at the census block level for City of Belmont and vicinity. Dots in each census block are randomly placed and should not be construed as actual placement of people.

Source: U.S. Census Bureau, 2020 Census State Redistricting Data (Public Law 94-171) Summary File, 2020 Census of Population and Housing, Table P002.
 Hispanic students face high rates of suspension compared to their representation among student bodies. The reason for these disparities is unclear and should be examined.

The gaps suggest that Black and African American and Hispanic students need greater support to succeed, and that schools in the Belmont area need to focus more closely on efforts to close proficiency gaps and ensure equity in education.  Local Fair Housing Issues. As discussed in a residents’ survey, some Belmont residents do feel they were discriminated against. Actions taken after the discrimination include: doing nothing for fear of harassment or eviction (50%) or did not report the event because they were unsure what to do (38%). For Belmont, it is important to take note of the large volume of respondents who did not report the incidence due to lack of information on reporting discrimination. These results suggest that there is a lack of fair housing information being provided to city residents on housing rights and how/where to file a housing discrimination complaint.
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Figure 3-3: Income Dot Map of Belmont (2015)
Universe: Population.

Note: The plot shows the income group distribution at the census block group level for City of Belmont and vicinity.

Dots in each block group are randomly placed and should not be construed as actual placement of individuals.

Source: U.S. Department of Housing and Urban Development (HUD), American Community Survey 5-Year 2011-2015 Low- and Moderate- Income Summary Data.

Residents have also been denied housing while looking for rentals or homes. Overall, 62% of respondents living in Belmont had looked for housing to rent or buy in the past five years. Of those who had looked for housing to rent or buy, 52% were denied housing. The top reasons for denial are listed below distinguished by prospective renters and homebuyers.

For Belmont respondents looking for rental housing, top reasons for denial include the following:
 33% reported that the landlord did not return their calls or emails asking about the unit;  27% had been told by a landlord that the unit was available but when they showed up in person the unit was no longer available; and
 27% were denied because another renter/applicant was willing to pay more in rent. 176

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Reasons for denial among those seeking to buy a home include the following:
 35% responded “none of the above;”
 21% had a real estate agent that told them they would need to show that they were prequalified with a bank; and
 15% perceived that they were only shown homes in neighborhoods where most people were of the same race/ethnicity.

For both renters and homebuyers, denial reasons include the following:
 38% were denied housing because their income was too low; and  27% reported that they haven’t established credit history or have no credit history.

An additional fair housing obstacle for Belmont is local opposition to the City’s plan to create more housing. This is a fair housing issue as opposition can hinder Belmont’s ability to provide equal opportunity to access housing among protected classes. During the community outreach process for the Housing Element, residents in the Sterling Downs, Homeview, and El Camino neighborhoods expressed concern about the concentration of the housing development opportunity sites in their neighborhoods due to its potential impact on neighborhood character and traffic congestion. The city is zoned for higher-density multi-family housing projects in this area because of its proximity to public transit and commercial retail services. In response to these concerns, staff worked with the residents of the community on revisions to the housing development opportunity sites and ultimately received their support for the adopted January 2023 Housing Element.

3.4 FAIR HOUSING ACTION PLAN
The Fair Housing Action Plan was developed in response to the letter and spirit of the law, this analysis, and community input. Geospatially, Belmont residents are relatively well distributed throughout the community based on race and income as demonstrated in Figures 3-1 and 3-3.

The housing mobility programs (referenced in Table 3-1 below) build on that pattern of distribution and enhance it through intentional programs to increase the variety of housing types throughout the city and address identified fair housing issues. These approaches will affirmatively further fair housing and foster an inclusive community by: 1) Encouraging additional units spread throughout existing single-family neighborhoods; 2) Creating more small units to provide options to highly cost burdened people of color; and 3) Allowing larger ADUs and SB9 units on lots 10,000 square feet or larger to better accommodate households living in overcrowded conditions.

Another housing mobility opportunity lies in religious institutions and private schools that are well distributed throughout the city. These land uses often have underutilized areas of their properties where additional units may be possible. One of the local churches has been in touch with staff to inquire about potential development. The City will conduct direct outreach to 177

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these institutions and provide technical assistance through Program H5.8 (See Chapter 7 Housing Goals, Policies, and Programs).

Taken together, these policies will create new housing opportunities throughout the community. Figure 3-4 shows the distribution of lots 10,000 square feet or greater, where larger ADUs and SB9 units will be located; religious institutions and schools; existing multi-family housing sites; and Housing Inventory Sites in this Housing Element.

Table 3-1 below summarizes the fair housing issues, contributing factors, and implementation programs to affirmatively further fair housing in Belmont. Contributing factors are prioritized on whether they most limit or deny fair housing choice or access to opportunity or negatively impact fair housing or civil rights compliance.
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Figure 3-4: Visualization of Housing Mobility Programs and Existing Multi-Family 179

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TABLE 3-1: FAIR HOUSING ACTION PLAN
Fair Housing Issue Contributing Factors
Priority
Level
Meaningful Program Actions (from Chapter 7,
Goals, Policies, and Programs) Targets and Timeline
Lack of fair housing complaints
filed.

Lack of access to
information about fair
housing rights. Limited
knowledge of fair
housing by residents.

High  H5.1: Update Website to Improve Access to Fair
Housing Information and Housing Services.
 Complete best practices review by Q1 2025.
 Complete website update by Q2 2025, update
quarterly thereafter.

Very high rates of cost burden
for <50% AMI households and
Black and Hispanic households;
high rates of overcrowding
among Asian households.

Lack of affordable
housing citywide; low
housing production.

High  H5.2: Coordinate with other jurisdictions and
agencies in the County to advance AFFH goals
 Attend regular meetings with 21 Elements, 21
Directors and Housing Managers group.

Collaborate with peer jurisdictions to
implement Housing Element Programs that
would benefit from efficiencies of scale.
 H5.3: Modify the Inclusionary Housing Program.  Complete feasibility analysis by Q4 2025; Implement redesigned program by Q1 2026.
 H5.4: Work with Housing Developers to
Affirmatively Market Housing to Households
with Disproportionate Housing Needs.
 Establish list of service providers by Q4 2024
and update annually thereafter.
 Ongoing as projects are processed, review
developer marketing plans to ensure
affirmative marketing is included.
 H5.6: Expand Tenant Protections  In Q4 2025, draft extended tenant protections provisions and research policy provisions for
substantial remodel exemptions and right of
return policies.
 Bring recommended language to City Council in
Q1 2026. Conduct proactive outreach to
tenants and tenant groups bi-annually.
 H5.7: Continue Financial Support of Existing
Home Sharing Program.
 City will grant funding as part of annual budget
process.
 Meet with HIP Housing within one year of
Housing Element Certification and annually
thereafter.
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Fair Housing Issue Contributing Factors
Priority
Level
Meaningful Program Actions (from Chapter 7,
Goals, Policies, and Programs) Targets and Timeline
 H5.8: Facilitate Development of Housing on
Institutional Properties.
 Reach out to each religious institution site
owner or operator within one year following
Housing Element certification and annually
thereafter.
 Provide mailed notifications to religious
institutions within six months of the adoption of
any new State legislation that reduces barriers
to development of religious institution sites.
 Reach out to each private school site owner or
operator within one year following Housing
Element certification and annually thereafter.
 H5.9: Amend Zoning Code to Facilitate
Production of ADUs and SB9 units.
 Complete zoning ordinance amendments and
establish policies and procedures to facilitate
these types of projects within one year
following Housing Element Certification.
 H5.10: Provide Financial Support for ADUs that
Serve Lower-Income Households.
 Participate in Countywide process in 2024.
 Establish a grant or loan program by Q4 2025.
 H5.11: Conduct Outreach to Encourage ADU
and SB9 Unit Production.
 Conduct analysis and outreach related to units
on sloped sites in Q2 2025.
 Join ADU Resource Center and launch online
plans gallery in Q3 2024.
 Create new outreach materials in Q1 2025.
 Conduct outreach to all ADU/JADU/SB9 owners
within 9 months of Housing Element
Certification and annually thereafter.
 H5.12: Create an AFFH Monitoring Program.  Create a list and map of existing ADUs, JADUs and SB9 units within six months of Housing
Element adoption.
 Participate in regional process to establish an
ADU monitoring program on timing they set
forward.
 If ADU production does not meet target,
consider additional efforts such as reducing
process and permitting fees to incentivize
production in 2027.
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Fair Housing Issue Contributing Factors
Priority
Level
Meaningful Program Actions (from Chapter 7,
Goals, Policies, and Programs) Targets and Timeline
Persons with disabilities and
persons of color are most likely
to file fair housing complaints
with HUD.

Lack of accessible
affordable units; housing
discrimination.

Medium  H5.5: Provide Fair Housing Training for
Landlords and Tenants.
 Ongoing annual check in with Project Sentinel.
 Provide training in 2025 and every two years
thereafter.

Source: City of Belmont, 2024.
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4 CONSTRAINTS
Many factors can encourage or constrain the development, maintenance, and improvement of the housing stock, including economic forces in the private market as well as regulations and policies imposed by public agencies. Constraints including physical constraints, land availability, the economics of development, and governmental regulations each have an impact on the cost and amount of housing produced.

State law, specifically Government Code Section 65583(a)(5-6), requires that housing elements analyze potential and actual governmental and nongovernmental constraints to the production, maintenance, and improvement of housing for persons of all income levels and disabilities. The constraints analysis must also demonstrate local efforts to remove or mitigate barriers to housing production and housing for persons with disabilities. The identification and analysis of these constraints have informed the City of Belmont’s development of appropriate programs that mitigate these constraints, as provided in Chapter 7, Housing Goals, Policies, and Programs.

4.1 NON-GOVERNMENTAL CONSTRAINTS
Non-governmental constraints are those that are generated by the economic and social environment which are beyond the control of local governments. Some of the impacts of nongovernmental constraints can be offset to a minimal extent by local governmental actions, but usually the effects are localized and have little influence on the housing need in the jurisdiction or market area.
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DEVELOPMENT COSTS

CONSTRUCTION AND LABOR COSTS
Construction costs, which can comprise a significant portion of the sales price of a housing unit, are one of the major cost factors with residential development. According to a report released in March 2020 on multi-family construction costs in California from the Terner Center, many different factors layer together to affect the bottom-line costs of building new housing and whether or not a project will ultimately “pencil”: the costs of acquisition (e.g., land and closing costs), hard construction costs (e.g., materials and labor), soft costs (e.g., legal and professional fees, insurance, and development fees), and the costs of conversion once a project is completed (e.g., title fees and the operating deficit reserve).
1 According to its research, the largest share of
a project’s total cost comes from materials and labor, or hard costs.

Hard construction costs make up more than 60% of total development costs. The Terner Center study found that on average, construction costs were about $222 per square foot in 2018 compared to $177 in 2008 to2009, representing a 25% increase. While these increases have been felt across the State, costs are highest in the Bay Area, which saw costs rise by 119% during the same period, to over $380 per square foot. The reasons for this are complex, but the Terner Center suggests this is in part because of higher labor costs to attract workers since the cost of living is so high here; local regulations that require certain materials or building components to be used; lengthy review processes; and other local constraints. 2

Statewide labor costs have also increased in recent years as the labor pool has not kept pace with the increase in demand. Since the recession, California has seen a severe tightening in the construction labor market, especially for workers trained in specific construction trades. The lack of an available labor force drives up the cost of labor and leads to project delays as workers are either unavailable or lost to more profitable projects.

Several additional factors have caused the increased cost of materials, including global trade patterns and federal policy decisions such as tariffs, as well as state and local regulations such as building codes. The COVID-19 pandemic has also influenced the cost and availability of construction materials. Supply chain disruptions have resulted in project delays and increased costs due to a shortage of construction materials and equipment.

PRICE OF LAND
The cost of land has also increased substantially over the past decade. Many jurisdictions are now essentially built out, with no available vacant land for development. Many locations in the 1 See the Terner Center’s series on housing costs at https://ternercenter.berkeley.edu/research-and-policy/the-costof-building-housing-series/. 2 Terner Center, 2020. “The Hard Costs of Construction: Recent Trends in Labor and Materials Costs for Apartment Buildings in California,” p. 15, March.
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Bay Area experience substantially higher land values than in other areas in the State because of the attractiveness of living along the coast with its mild climate, access to high-tech jobs, and plentiful amenities. A study by Economic & Planning Systems (EPS) in April 2020 analyzed peracreage prices for vacant land in Belmont required by the Quimby Act to update the Parkland Dedication in-lieu fee calculations; the evaluation found that over a roughly two-year period (2018 to 2019), the average price per acre for residential land sales was approximately $3.5 million as shown in Table 4-1.

TABLE 4-1: VACANT LAND COSTS PER ACRE (2020)
Address Date Sold Price Acreage Price Per Acre
816 Covington 8/27/2019 $2,000,000 0.72 $2,777,778
2244 Semeria 4/26/2019 $580,000 0.13 $4,461,538
2121 Arthur 3/15/2019 $775,000 0.14 $5,535,714
1822 Hillman 3/14/2019 $775,000 0.14 $5,5335,714
Lots 1 & 3 Upper Lock 1/30/2019 $173,000 0.65 $266,154
Alhambra 9/26/2018 $43,800 0.40 $109,500
0 Arthur 9/19/2018 $545,000 0.19 $2,868,421
0 San Ardo 7/30/2018 $125,000 0.33 $378,788
3147 Marburger 5/18/2018 $1,650,000 0.12 $13,750,000
2902 San Juan 5/18/2018 $2,400,000 0.14 $17,142,857
Undisclosed 4/24/2018 $2,000,000 0.15 $13,333,333
2 Monte Cresta 3/25/2018 $130,000 0.10 $1,300,000
Weighted Average, Roundeda $3,500,000
a Rounded to nearest $1,000,000.

Sources: Zillow; Economic & Planning Systems, Inc.

By contrast, during the last Housing Element a similar analysis found that average per-acre prices were approximately $820,000. This means that since the last Housing Element, land prices have increased more than 325%.

All these factors work together to make it so developers must charge substantial rents and sales prices to cover these costs. The Terner report notes that, for example, a multi-family unit that costs $800,000 to build will need to charge approximately $4,000 in monthly rent—a price well overthe typical monthly earnings in the state—tocoverthose costsandmeetreturn on investment requirements for investors.

The impact of high construction and land costs on affordable housing cannot be understated.

According to a study by the Bay Area Council, in 2019 there were 23 new construction projects of below market-rate housing financed through the California Tax Credit Allocation Committee (TCAC), with a total of 1,912 units across six counties of the nine-county Bay Area. Each project in California requested federal and/or state tax credits to finance the new construction of housing units with rents affordable to households earning 30-60% of area median income (AMI; this translates to very low-income households). The project costs consisted of land and 185

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acquisition, construction costs, construction contingency, architectural/engineering, construction interest, permanent financing, legal fees, reserves, other costs, developer fees, and commercial costs. Project costs were analyzed to determine the reasonableness of all fees within TCAC’s underwriting guidelines and TCAC limitations.

The report found that the average construction cost of new below market rate housing in the Bay Area was $664,455 per unit—far more than lower-income households can afford without subsidies (see Figure 4-1). By comparison, other projects across California (excluding the Bay Area), on average cost $385,185 per unit of below market rate housing.3

Figure 4-1: Average Per Unit Cost Construction of New Below Market Rate Housing (2019 Data by County)

AVAILABILITY OF FINANCING
The availability of capital to finance new residential development is a significant factor that can impact both the cost and supply of housing. Two types of capital are involved in the housing market: 1) capital used by developers for initial site preparation and construction, and 2) capital for financing the purchase of units by homeowners and investors. Interest rates substantially impact home construction, purchase, and improvement costs. Fluctuation in interest rates can have a significant impact on costs for construction or purchase, as well as impact whether a potential buyer can qualify for a loan. Since mid-2022, interest rates have soared after several years of historical lows, and a strong consumer price index report in March 2024 means they are 3 http://www.bayareaeconomy.org/how-much-does-it-cost-to-produce-one-unit-of-below-market-housing-in-thebay-area/. 186

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expected to remain steady through mid-2024.
4 Competition for affordable housing funding
also affects overall housing production. Low Income Housing Tax Credits (LIHTC) represent the primary funding source for new affordable housing. Historically the 9% tax credit (which is designed to subsidize 70 percent of the project cost) has been extremely competitive.

Affordable housing developers are indicating that 4% tax credits (designed to subsidize 30 percent of the project) are becoming increasingly competitive, resulting in a longer project timeline and delayed start of construction (up to two additional years, as they must apply multiple times before they are able to secure tax credits).

COMMUNITY OPPOSITION
As development activities increase, many communities are met with opposition to new housing developments that are perceived to threaten existing community character, increase neighborhood traffic, or limit land available for commercial development activity. The projects that most often draw opposition are high-density multi-family developments, transitional or supportive housing, and housing affordable to lower-income households. Belmont City officials, staff, and developers can work to assuage these concerns by relying on the adopted objective design standards for multi-family development during the design review process, emphasizing quality management of new developments, and engaging in public education to address myths about high-density/affordable/supportive housing.

LOT SIZE CONSTRAINTS
The City of Belmont recognizes the challenges associated with building housing, especially that which is affordable, on infill sites. Many parcels in the Belmont Village area and along El Camino Real are considered small. For example, the average size of a parcel zoned Corridor Mixed Use (CMU) on El Camino Real is 0.3 acres. The City acknowledges that parcels may need to be consolidated under one owner to facilitate mixed use and affordable housing development.

A review of pending and pipeline projects in Belmont indicates that housing developers have been successful in consolidating parcels to create larger project development sites and also have managed to design projects that work on smaller sites that are less than half an acre.

Certain incentives, such as State Density Bonus, enable housing developers to achieve the densities required to support the financial impacts of lot consolidation and/or development of constrained sites. More information on lot consolidations and small lot developments in existing pipeline and pending projects in Belmont that are either under construction or in development review are described in Chapter 6, Adequate Sites(see Table 6-4 and 6-5).

Unlike many other Peninsula communities, Belmont does not have a historic “main street” or a cohesive downtown residential district. The Belmont Village Specific Plan (BVSP) area consists primarily of small shopping centers, with stores facing onto large surface parking lots rather than sidewalks. This auto-oriented format contributes to a scattered pattern of development 4 Kiplinger Interest Rates Outlook: Still-Strong Inflation Will Delay Fed Rate Cuts, April 11, 2024, https://www.kiplinger.com/economic-forecasts/interest-rates. 187

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activity, with no clear focal point to attract people and create a sense of destination.

Additionally, heavy, fast-moving traffic on Ralston Avenue and El Camino Real creates a barrier that divides the downtown area. The BVSP includes policies to encourage more intense, compact development and active ground floor uses to address these conditions.

ENVIRONMENTAL CONSTRAINTS
The environmental setting affects the feasibility and cost of residential development.

Environmental issues range from the suitability of land for development, the provision of adequate infrastructure and services, as well as the cost of energy. Belmont currently encompasses about 2,955 acres, and most of the parcels in the city’s boundary are developed.

Most of the undeveloped parcels are in the Western Hills area, with smaller amounts in the San Juan area and east of U.S. 101 freeway. These areas contain environmental constraints on development, such as steep slopes, landslide hazards, and fire or flood hazards; therefore, much of the undeveloped land has been set aside as open space. The following are environmental constraints and hazards that affect, in varying degrees, existing and future residential developments.

SEISMIC HAZARDS
The San Andreas Fault Zone is located one mile from Belmont’s western boundary; however, there are no known active faults within the city. Major problems could result from ground shaking, which is likely to be amplified in the areas underlain by relatively unconsolidated deposits, especially in the eastern part of the city. Liquefaction is also a possibility in these areas. There is potential for landslides on all slopes; only site-specific investigations can differentiate the degree of risk.

TOPOGRAPHY/SLOPE
The western portion of Belmont is defined by the San Juan Hills, a section of the Santa Cruz Mountains, while the eastern portion of the city is relatively flat extending toward the San Francisco Bay. Elevations range from 0 to 838 feet above sea level. Portions of the city are steep and susceptible to landslides, slippage, erosion, and other topographic hazards. The City adopted the San Juan Hills Area Plan in 1988. The Plan found that two-thirds of the lots in the Study Area exceeded 30% slope and 90% were geologically unstable with high landslide probability. The Plan encouraged landowners to work with the City using transfer of development rights to create safer, compact, and environmentally sensitive development.

FLOOD HAZARDS AND SEA LEVEL RISE
Historical records show that sea level in San Francisco Bay has risen about 7 inches (18 cm) over the past 100 years (as of 2017). Scientists agree that the rate of sea level rise is accelerating, but projections of future sea levels vary considerably. Present projections used by the State of California are for 14 inches of sea level rise by 2050 (using 2000 as the baseline) and for between 40 and 55 inches by 2100, depending upon the emission scenario used. In 2009, the Bay 188

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Conservation and Development Commission (BCDC) released Living with a Rising Bay, an assessment that included the following.
 Increased flooding risk for 270,000 Bay Area residents with a 55-inch rise.  Estimated $36 billion in at-risk property by 2050, and $62 billion by 2100.  Estimated 95% of tidal wetlands vulnerable to sea level rise, which may increase flooding and erosion.

The City’s flood plain management ordinance requires flood proofing or elevation of structures above flood heights along portions of Belmont Creek and east of Bayshore. The City will continue to regulate development in the designated flood hazard areas in accordance with the ordinance. Belmont has a history of localized flooding caused by inadequate storm drainage and has taken actions to address flooding problems, including upgrading and regular maintenance of the storm drain system (see Figure 4-2 below).

FIRE HAZARDS
Fire hazards in Belmont include both urban and wildland fires. Urban fires involve the uncontrolled burning of built structures due to human-made causes; wildland fires affect grassland, forest, and brush (and the structures on them), and can result from either human or natural causes. Belmont has a substantial risk of wildland fires, with many areas of high and very high threat, particularly in the western areas of the city.

The canyons of the Western Hills have been designated as a Very High Fire Hazard Severity Zone (VHFHSZ) by the California Department of Forestry and Fire Protection (Cal Fire), while the San Juan Canyon has been designated as a High Fire Hazard Severity Zone. Figure 4-3 shows fire hazards severity areas including the existing VHFHSZ within the city boundary.

The housing opportunity sites are located primarily within the Belmont Village Specific Plan Area, along El Camino Real, or in the area between El Camino Real and the Highway 101 freeway. These opportunity sites are on flat, mostly developed terrain surrounded by freeways and major urban roads and not conducive to the spread of wildfire and are not designated as Fire Hazard Severity Zones.

REQUESTS FOR HOUSING DEVELOPMENTS AT REDUCED DENSITIES
State law requires the Housing Element to include an analysis of requests to develop housing at densities below those anticipated in the Sites Inventory. In Belmont, housing projects are frequently proposed at or above previously zoned density, in part because of the use of density bonuses. Belmont is moving away from applying a density metric in areas that allow multifamily residential development and instead focusing on floor area ratio as the appropriate zoning metric which enables residential development projects to achieve substantially higher densities than were previous permitted. More discussion of this is found in Chapter 6, Adequate Sites under the Sites Inventory Methodology section pertaining to the inventory of sites to meet the City’s Regional Housing Needs Allocation (RHNA). 189

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Figure 4-2: Flooding and Fire Hazards
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Figure 4-3: Fire Hazard Severity Zones Near Belmont
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BUILDING PERMIT TIMEFRAME
After a planning entitlement for a housing development project has been approved by the Zoning Administrator, Planning Commission, or City Council; it becomes the applicant’s responsibility to initiate the steps to secure building permit approvals and begin construction in accordance with the approved plans. The length of time between a project’s planning entitlement approval and building permit application is determined by the applicant.

Intervening steps include obtaining additional City clearances and paying fees as outlined in a project’s conditions of approval. Other necessary actions for the applicant include the following.
 Completing civil engineering and construction drawings after project entitlement approval (City does not control this timeline);
 Recording lot consolidation or parcel/final map with the County Clerk/Recorder;  Retaining contractors to construct the project;
 Obtaining utility agency or other environmental regulatory agency approvals (not owned by the City), establishing required easements, and rights of entry; and  Providing tenant relocation assistance, when applicable.

Belmont has taken several steps to establish a clear and timely permit review process, including offering many payment and plan submittal options both online and in-person. Once a project begins the building permit application review process, the applicant also has a shared responsibility in resubmitting materials and addressing comments in a timely manner. With responsive applicants, the following general timelines can be achieved during the building permit stage.
 Single-family projects generally take 1-3 months to receive a building permit.  Multi-family and mixed-use projects generally take 8-10 months.  If the project includes a Final or Parcel Map, an additional 3-4 months is usually required prior to building permit issuance. Final Map review can be completed concurrently with building permit review.

Note: Actual timeline depends on how quickly an applicant can resubmit plans with corrections, the complexity of the project, etc.

Table 4-2 presents a summary of four recently permitted housing projects in Belmont and the time between entitlement approval, building permit application, and building permit issuance. 192

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TABLE 4-2: PREVIOUS DEVELOPMENT TIMELINES
Project Number of Units
Entitlements
Approved
Building Permit
Application
Final Map
Recorded
Building
Permit
Issued
Firehouse Square 66 affordable rental units October 2019 December 2019 June 2020 August 2020 Artisan Crossings,
1325 Old County Rda
250 units; 212 market rate,
38 affordable May 2019 August 2019 May 2021 May 2021
815 Old County Rd 177 units; 150 market rate,
27 affordable June 2021 June 2021 N/A April 2022
803 Belmont Aveb 125 affordable rental units May 2022 September 2023 April 2024 May 2024 a This project timeline was longer than typical since several parcels needed to be annexed from the County in the City of Belmont through LAFCO.
b This project timeline was longer than typical since the project applicant needed to apply for and be awarded tax credit financing in order to proceed with construction.

Source: City of Belmont, 2024.

LOCAL EFFORTS TO REMOVE NONGOVERNMENTAL CONSTRAINTS
The Housing Element 2023-2031 Sites Inventory relies heavily on non-vacant sites to accommodate the regional housing need for lower-income households. The City has identified the following incentives and concessions to mitigate non-governmental constraints and to promote residential development on non-vacant sites at all affordability levels.  State Density Bonus. Belmont Zoning Ordinance Section 26, Density Bonus, originally adopted in 2014, specifies how local compliance with State Density Bonus Law (Government Code Section 65915) will be implemented to encourage production of lowerincome housing units in Belmont. The Density Bonus program allows housing developers to request zoning incentives and waivers, such as a reduction in site development standards or modification of a zoning code requirement, that enable a project to achieve a higher project density and provide additional affordable housing units. The City’s Inclusionary Ordinance requires housing developments to provide 15% of their units as affordable if they are 25 units or above, resulting in these projects automatically qualifying for State Density Bonus.

As a result, this program has been used by nearly every recently built project in Belmont, and the City expects this will continue to incentivize increased housing production during the next planning period. Although the Belmont Zoning Ordinance was adopted in 2014, the City continues to update its processes and procedures to comply with current law.

Program H4.2, Zoning Code Amendments to Remove Constraints, includes updating the Ordinance in 2024 and regularly thereafter.
 Zoning Modifications to Increase Density. The Housing Element includes Program H4.1, Update Zoning Code to Increase Floor Area Ratios and Density, to modify the Zoning Ordinance to incentivize increased housing unit production (completed in January 2024).

The CMU zoning district, which includes most of the property along the entire El Camino Real frontage, was amended to increase the maximum floor area ration (FAR) from 1.75 to

2.0 (up to 2.5 with provision of community benefits), and to eliminate the maximum residential density. Similarly, the Village Station Core (VSC) zoning district was modified to increase the maximum floor area ration from 1.5 to 2.0 (up to 2.5 with provision of 193

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community benefits); the VSC zoning district already has no maximum residential density metric. Both amendments are anticipated to provide a significant financial incentive to housing developers and to encourage provision of affordable housing units. The Inclusionary Housing Requirement will be amended (Program H5.3, Modify the Inclusionary Housing Program) to further incentivize provision of lower-income housing units.  Affordable Housing Mitigation Fees. The City collects inclusionary housing in-lieu fees (for projects under 25 units) along with housing commercial linkage fees (collectively referred to as housing mitigation fees) to be used for housing production and preservation. Program H1.2, Use Public Funding for Low/Moderate Income Housing, directs the City to use these fees to fund affordable housing development, with a priority on lower income levels. City financial contributions have been crucial in supporting current 100% affordable housing projects in Belmont, including Firehouse Square (66 affordable apartments), ROEM Housing Corporations project at 803 Belmont Avenue (125 affordable units), and the Linc Housing project at Hill Street and El Camino Real (37 affordable units).

4.2 GOVERNMENTAL REGULATIONS AND CONSTRAINTS
This section describes City policies and regulations that could potentially constrain the City's ability to achieve its housing goals. Potential constraints to housing development include land use controls (through General Plan policies and zoning regulations), development standards, infrastructure requirements, development impact fees, and development approval processes.

While government policies and regulations are intended to serve public objectives and further the public good, the City recognizes that its actions can potentially constrain the availability and affordability of housing to meet the community's future needs.

LAND USE CONTROLS
The Land Use Element of the Belmont General Plan sets forth the City’s policies for guiding local development. These policies, together with existing zoning regulations, establish the amount and distribution of land allocated for different uses within the city. Table 4-3 describes General Land Use designations that allow residential uses. The low-, medium-, and highdensity districts, and the Hillside Residential Open Space district, differ in allowable density and development standards. In addition, the General Plan permits multi-family residential uses in the Belmont Village Specific Plan (BVSP) Area and in the Corridor Mixed Use (CMU) zone along the El Camino Real corridor.

In 2017, the City completed a comprehensive update of the Belmont 2035 General Plan and adopted the BVSP which established new Village zoning districts in the BVSP area and created a new CMU zoning district along the El Camino Real corridor. These regulatory updates were designed to modernize and simplify zoning standards, and to accommodate higher-density and mixed-use housing near transit.
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TABLE 4-3: LAND USE CATEGORIES ALLOWING RESIDENTIAL USES General Plan Land Use
Zoning
District(s)
Density
(Units per
Acre) Residential Type(s)
Low-Density Residential R-1 1-7 The Low-density Residential land use designation applies to the use of land primarily for single-family detached residences but can also include townhouse developments that are clustered to provide open space.

Medium-Density
Residential
R-2, R-3 8-20 The Medium-density Residential land use designation applies to the use of land for duplexes, townhomes, low-rise apartment buildings, and other less intense multi-family residential development types.

High-Density
Residential
R-4 21-30 The High-density Residential land use designation applies to multi-family apartment buildings.

Hillside Residential
Open Space
HRO Density
determine
d by slope
The Hillside Residential and Open Space land use designation applies to land in the San Juan and Western Hills Plan areas that contain steep slopes, species habitat, and environmental resources.

Belmont Village MixedUse VCMU
VHDR
VC
VSC
No density
limit
The Belmont Village Mixed Use and Belmont Village High-density Residential land use designations applies to parcels in the Belmont Village Priority Development Area (PDA) and is intended to promote a pedestrian-oriented, mixed-use core in Downtown Belmont.

Corridor Mixed-Use CMU No density
limit
The Corridor Mixed Use land use designation applies to parcels along El Camino Real outside of the Belmont Village PDA and is intended to provide community and visitor-serving retail and services, high-density residential, lodging, and office.

Source: Land Use Element, Belmont General Plan; Belmont Zoning Ordinance; Belmont Village Specific Plan.

ZONING ORDINANCE
The City regulates the type, location, density, and scale of residential development through the Zoning Ordinance. Zoning regulations are designed to protect and promote the health, safety, and welfare of local residents, as well as implement the policies of the General Plan. The Ordinance sets forth the City’s residential development standards, including density, height, lot coverage, and parking.

ALLOWED RESIDENTIAL USES
Table 4-4 summarizes the various housing types currently permitted within Belmont’s residential and corridor mixed use zones. Each use is designated by a letter denoting whether the use is allowed (P) or conditionally permitted (C). As indicated, multi-family dwellings are permitted in residential zones (R-3 and R-4) and the CMU district when located above the ground floor. Table 4-5 summarizes residential use regulations in the Village zoning districts.

Related to residential uses on ground floors, please see detailed discussion below in the Zoning for a Variety of Housing Types – Mixed-Use Zones subheading. 195

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TABLE 4-4: HOUSING TYPES PERMITTED IN RESIDENTIAL AND CORRIDOR MIXED-USE DISTRICTS Type HRO R-1 R-2 R-3 R-4 CMU
Single-Familya P P P P P
Duplex (2 units) P P P
Single-Family Row House/Townhouse Cb P P
Multi-Familyc P P P/C
Accessory Dwelling Units (ADUs) P P P P P P
Nursing / Convalescent Homese
Six or Fewer Residents C P P P P C
Seven or More Residents C C C C C
Homes for the Ambulatory Aged and Retirement
Homes C C C
Lodging /Boarding / Rooming Houses C C
Transitional Housingf ns ns ns ns ns
Emergency Shelters ns ns ns ns Pg
Fraternity & Sorority Houses C C
Apartment Hotel ns
Key: P = Permitted C = Conditionally Permitted ns = Not Specified a There are three HRO districts. Single-family residences are not permitted in HRO-3 zones west of Hastings Drive and accessed by Carlmont Drive.
b Townhouses are permitted with a CUP in the HRO-3 zone only. c In the Corridor Mixed Use district multi-family housing is a permitted land use when located above the ground floor; multi-family residential uses are conditionally permitted on the ground floor. See discussion below. d Mobile home parks currently only allowed in M-1 zones; subject to rezone per Program H4.2. e The City’s current Zoning Ordinance includes a definition for Nursing/Convalescent homes that covers licensed care facilities and other group care facilities such as hospices. Updates will be done per Program H4.2. f Transitional and Supportive Housing, as well as Emergency Shelters, will be permitted in all Multi-Family Residential zoning districts per Program H4.2. g Emergency Shelters permitted by right on CMU zoned parcels in the S-2 Emergency Shelter Combining District.

Source: Zoning Ordinance; City of Belmont Planning Department.

PLANNED DEVELOPMENT DISTRICT
The Planned Development (PD) district accommodates various types of uses, such as singlefamily and multi-family residential developments, neighborhood and community shopping centers, professional and administrative areas, and other uses or a combination of uses that can be made appropriately as part of a Planned Unit Development (PUD). The PD district is established to allow flexibility of design that is in accordance with the objectives and spirit of the General Plan.

The PD zone is intended to enable the City to modify site development standards to facilitate development projects. In addition, the project can be presented as a complete package and potentially avoid the additional time and costs associated with multiple variances. However, because a zoning change requires multiple hearings and a legislative action, the PD process may extend the total development review time. PD zoning is another, optional tool for applicants to pursue projects beyond the zones that permit residential development with unlimited density.
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TABLE 4-5: HOUSING TYPES PERMITTED IN VILLAGE ZONING DISTRICTS Village Core
(VC)
Village
Station Core
(VSC)
Village Corridor
Mixed-Use
(VCMU)
Village
High-Density
Residential
(VHDR)
Family Day Care Home
Small Family X X X P
Large Family X X X P
Elderly and Long-Term Care X X Pu, Cg P
Group Residential Pu Pu Pu, Cg P
Multiple-Unit Dwellinga Pu, Cg P, Cg Pu, Cg P
Residential Facility X X Pu, Cg P
Senior Citizen Housing Pu, Cg X Pu, Cg P
Transitional Housingb X X Pu, Cg P
Emergency Shelters P
Two Unit Dwelling (duplex)C X X X C
Key: P: Permitted by right; Pg/Pu: Permitted on ground floor or upper floors only, respectively; C: Conditional use permit required; Cg: Conditional permit required for ground uses; Cu: Conditional permit required for uses on upper floors; X: Prohibited new (existing may remain); CL Conditional Limited (allowed where existing; new uses allowed within existing retail or office only as ancillary use). a Multi-family entrance lobbies allowed on ground floor in the Active Use Frontage Overlay (AUFO). b Transitional and Supportive Housing, as well as Emergency Shelters, will be permitted in all multi-family residential zoning districts per Program H4.2, Zoning Code Amendments to Remove Constraints. c Duplex uses subject to objective design review standards pursuant to BZ0 Section 13A.

Source: Zoning Ordinance; City of Belmont Planning Department.

During previous planning period, the City of Belmont used the PD District to facilitate the construction of various types of housing. The City used the PD process in October 2014 (prior to the City’s current regulations that encourage housing) to entitle a mixed-use project with housing units over retail Downtown at 576-600 El Camino Real. In October 2021, the City approved a 16-unit market rate townhome project at 800 Laurel Street with a PD zoning designation that allowed the project to provide medium-density residential housing (townhomes) near the Belmont Village Specific Plan area and the Belmont Caltrain Station. The City does not anticipate significant development in the planning period with a PD designation, given the current policy framework, but it provides an additional tool for unique or challenging sites.

RESIDENTIAL DEVELOPMENT STANDARDS
Development standards can sometimes constrain the number of units that may be constructed on a particular property to a level below the maximum density. Critical standards include setbacks, height, parking, and open space requirements. By limiting the number of units that could be constructed, the per-unit land costs would necessarily be higher and, all other factors being equal, result in higher development costs which could impact housing affordability.

Development standards are typically a major constraint on small lots zoned for multi-family 197

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development, where setbacks and parking requirements can consume a sizable percentage of the total lot. Larger lots, such as those over an acre in size, can more easily achieve the allowed density.

Over the past two planning periods, Belmont has made significant revisions to land use and zoning standards for residential and mixed-use zoning districts throughout the city, including adoption of the Belmont Village Specific Plan and related Belmont Village zoning districts, and establishing a new CMU zoning district. These efforts, completed in 2017, included analysis of zoning standards and adoption of form-based codes that allow maximum flexibility for developers and do not discourage development of multi-family projects in Belmont. The 1,023 new housing units as pending and pipeline project are attributable to these revised development standards.

Table 4-6 details the City’s residential development standards for the zones allowing housing.

Table 4-7 details development standards in the Belmont Village zoning districts.

While the City strongly believes that current development standards in the Belmont Village districts and CMU zoning district do not preclude projects from achieving full development capacity, it is important that the City commit to ongoing evaluation of development standards and entitlements that have the potential to detrimentally impact the cost and supply of new housing, and the ability for developers to achieve market-feasible densities. The City has included Program H4.7, Evaluation of Zoning Constraints, which commits the City to monitor and analyze the interrelationship between the zoning standards, objective design standards, and State Density Bonus to identify and remove constraints to housing development. In addition, the City will conduct a peer agencies evaluation of zoning standards such as height and open space requirements as part of the analysis.

OPEN SPACE REQUIREMENTS
To ensure adequate open space is provided in multi-family housing, the Zoning Ordinance requires minimum open space requirements in the R-3, and R-4 zones and Belmont Village zoning districts. Residential developments are required to provide a minimum of 300 square feet of open space for each unit located on the ground floor, and an additional 150 square feet of open space for each unit located above the ground floor. The Village Zoning districts require 200 to 300 square feet up publicly accessible open space per unit. The following may be used to satisfy the open lot area requirement for each unit above the first floor: open roof decks, balconies, lanais, or other open structural areas made a part of the building and improved for outdoor living. These open space requirements have not been a constraint to housing development, as demonstrated by the large number of pipeline and pending projects. 198

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TABLE 4-6: RESIDENTIAL ZONING DEVELOPMENT STANDARDS
HROa R-1b R-2 R-3 R-4 CMU
Building Standards
Density Range (du/ac) 0.108–1.452 1–7 14 or less 20 or less 30 or less No max.c Minimum Floor Area/Unit (sf) 900–1,200e 1,200 None
specified
0-Bedroom = 420
1-Bedroom = 600
2-Bedroom = 780
3-Bedroom = 960
1,450
Maximum Building Height (ft) 28 28
35 50 45-55
(2 storiesd)
Maximum Floor Area Ratio
4,500 sf max.
on lots 20,000
sf or larger;
3,500 sf on all
other lots

0.27–0.53e 0.6 0.85 1.4 1.75-2.2
Lot Standards
Minimum Lot Area (sf) 30,292–
403,333 5,000–9,600 6,000 6,000 6,000 7,200
Minimum Lot Width 60 50-70 60 60 60 60
Building Setbacks and Open Space
Front Yard (ft) 15 15-25 15-25 15 15 0e
Side Yard (ft) 15 6-25 6-25 6-15 15 0
Rear Yard (ft) 7 15-30 15-30 15 15 0
Open Space Required (sf) N/A N/A N/A 300 sf each ground floor unit, plus 150 sf each unit above ground floorf
a There are three HRO districts: HRO-1, HRO-2, and HRO-3. b There are five R-1 districts. R-1A, B, C, E, and H. c The maximum density in the CMU District was previously 45 units per net acre, which could be increased to 60 units per acre with provision of community benefits. The City eliminated the CMU maximum density in January 2024. d There are a very limited number of sites in Belmont still zoned R-2 and R-3, see additional discussion of these zoning districts in the Multi-Family Zoning section. e Depending on slope.
f Ground floor residential subject to 10 feet front yard; 5 feet plus 2 feet per each additional story above three stories, side yard; and 15 feet rear yard.

Sources: City of Belmont General Plan; Zoning Ordinance, City of Belmont. 199

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TABLE 4-7: VILLAGE ZONING DISTRICT DEVELOPMENT STANDARDS Village Core
(VC)
Village
Station Core
(VSC)
Village Corridor
Mixed-Use
(VCMU)
Village
High-Density
Residential
(VHDR)
Lot Size, Setbacks, Density, and Lot Coverage
Minimum Lot Area (sf) 5,000 7,200 7,200 7,200
Minimum Lot Width (ft) 50 60 60 60
Minimum Setbacks None except when a lot abuts a lot in a residential zoning district Minimum; Maximum Residential Density
(du/ac) N/A N/A N/A 21; 45-60w/comm. benefits
Maximum Site Coverage (% of Lot) 90 80 80 80
Building Form and Street Frontage Standards
Minimum; Maximum Floor Area Ratio (FAR)

0.5; 2.0
(2.5 w/
community
benefits)

0.2; 2.0a
(2.5 w/
community
benefits)

0.5; 2.0
(2.5 w/
community
benefits)
N/A
Minimum; Maximum Building Height (ft)
20; 50
(65
w/community
benefits)
20; 45
(60
w/community
benefits)
None; 50
(65
w/community
benefits)
None; 55
Minimum Ground Floor Height (ft)
– Active Use Frontage Overlay Zone
– Non-Residential
– Residential
16 16
10 16
12 10
N/A
12 10
N/A
12 10
Building Bulk (Maximum Floorplate as
Percent of First Floor Footplate)
1-story: 100%
2-story: 100%
3-story: 85%
4+ story: 70%
1-story: 100%
2-story: 100%
3-story: 85%
4+ story: 70%
1-story: 100%
2-story: 100%
3-story: 85%
4+ story: 60%
1-story: 100%
2-story: 100%
3-story: 85%
4+ story: 60%
Limitations on Blank Walls Yes Yes Yes Yes
Build-to Lines Yes Yes Yes No
Ground Floor Transparency Yes Yes Yes No
Building Entrances Yes Yes Yes Yes
Street Frontage Standards Yes Yes Yes Yes
Open Space and Outdoor Living Area for Residential Units Minimum Publicly Accessible Open Space Area (SF)
Lots <12,000 sf N/A N/A N/A N/A
Lots ≥12,000 sf 300 300 200 N/A
Minimum Dimensions (ft) 15 15 10 N/A
Minimum Outdoor Living Area per Unit (sf) 36 36 36 80
Minimum Landscaping (% of Lot) 10 10 10 10
Sources: City of Belmont General Plan; Zoning Ordinance, City of Belmont. 200

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PARKING REQUIREMENTS
The City’s parking requirements vary depending on housing type and anticipated needs.

Table 4-8 summarizes the City’s existing parking requirements. The City’s parking requirements display flexibility to facilitate the development of housing for special needs groups. For instance, nursing homes and senior congregate care facilities are required to provide only one space per four beds while dormitories and other student housing are required to provide only one space per every five beds.

TABLE 4-8: RESIDENTIAL ZONES PARKING REQUIREMENTS
Housing Type
Spaces Per Unit
Covered Open Total
Single-Family 2 2 4
Accessory Dwelling Units 0 0 0
Multi-Family (R-2, R-3, R-4) 1 1 2
Multi-Family (CMU, RC, Village Districts)
Minimum
Studios: 0.5 spaces minimum per unit
1 Bedroom: 1 space minimum per unit
2 Bedroom: 1.5 spaces minimum per unit
3 Bedroom or more: 2 spaces per unit
Maximum 2 spaces per unit + 0.5 spaces per unit for guest parking Nursing/Convalescent One space per four beds
Student Housing One space per five beds
Source: City of Belmont Planning Department, Zoning Ordinance.

While parking standards are not currently constraining multi-family residential development in Belmont, the City anticipated the possibility of parking constraining development at a future time and put policies in place to address that possibility. The BVSP identified shared Downtown parking facilities as a development preference to consolidate parking in the Belmont Villages, and to offer relief to developers of small parcels. Additionally, housing built as part of a mixeduse project within 300 feet of a train station, or within the Belmont Village area, may receive a 15% reduction in the required parking spaces. Housing developers have regularly received a parking reduction as a regulatory incentive for Density Bonus projects. It is important to note that AB2097 dramatically changed the regulatory scheme for parking near transit. All of the BVSP area is within ½ mile of the Caltrain station, so no parking is required for housing projects in those districts.

Nearly all R-3 and R-4 properties in Belmont are already developed or entitled with higherdensity residential housing—including existing parking spaces—and are unlikely to be redeveloped with new housing projects. There are only two smaller parcels zoned R-3 that are vacant and do not have development entitlements. The requirement for one covered and one uncovered parking space for units in the R-3 and R-4 zoning districts is not likely to constrain any new housing development activity during the next planning period. The City contains two 201

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small clusters of parcels zoned R-2 Duplex Residential, all of which have been developed with housing and are not likely to be redeveloped during the next planning period.

While the existing parking standards do not constrain housing development, the City has added Program H4.4, Reduce Parking Requirements, which directs the City to modify the parking requirements in the R-2, R-3, and R-4 zoning districts to reduce parking requirements consistent with other multi-family zoning districts (CMU and Village districts). It should also be noted that large majority of R-2, R-3, and R-4 properties are located within ½-mile of public transit and are not subject to minimum parking standards under AB 2097.

SINGLE-FAMILY RESIDENTIAL DESIGN STANDARDS
In 2011, the City adopted Single-family Residential Design Guidelines which provide clear guidance to property owners and developers on compliance with both property development standards, as well as the entitlement findings that must be made for approval of a SingleFamily Residential Design Review project. The Guidelines have proven to be very useful in clarifying the City’s expectations for development of Single-family Residential properties.

In 2014, the Belmont City Council established a subcommittee to review the single-family development standards and design review process to determine whether revisions would be appropriate to help streamline the development and permitting process for single-family residential development and improvement projects. This subcommittee conducted a survey of several adjacent communities to compare development standards.

One of the conclusions from this survey was that Belmont’s setback and parking requirements are inconsistent and inflexible, not allowing for exceptions to be made to address common scenarios that exist within Belmont’s single-family residential neighborhoods. In 2018, the City adopted amended design review regulations for single-family and duplex residential development, offering updated objective design standards. These regulations, as augmented by the Residential Design Guidelines, provide a more simple, predictable, and consistent framework for review of residential projects, and allow for more improvement projects to be approved administratively by the Zoning Administrator. Since 2018, Belmont has seen an increase in single-family residential improvement projects.

ON-AND OFF-SITE IMPROVEMENTS
As the majority of Belmont is built out, new housing developments are not required to complete the vast infrastructure improvements that may be needed in more rural communities.

Most new housing development occurs on lots served by an existing network of streets and utility infrastructure. The Belmont Municipal Code and the Belmont Subdivision Ordinance provide details for on- and off-site infrastructure improvements that are required for new development in Belmont. Additionally, the Belmont Village Specific Plan, the Ralston Avenue Corridor Study, the Alameda de las Pulgas/San Carlos Avenue Corridor Study, and the 202

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Comprehensive Pedestrian and Bicycle Plan identify infrastructure improvements that are necessary throughout the city to ensure safe transportation and quality of life.

The Public Works Department has developed detailed engineering standards and conditions that work in combination with the Municipal Code and adopted plans to ensure minimum levels of design and construction quality are maintained and adequate levels of street improvements are provided to serve new development. Per these adopted regulatory documents, minimum right-of-way widths in most of the city are already established and vary depending upon the street typology (i.e., highways, arterials, collectors, or local streets as defined in the Belmont General Plan).

The most common improvements for a typical new residential development include upgrading sewer mains as needed if they are aged or insufficient to meet needed capacity due to the new development, upgrading water mains as needed if they are aged or insufficient to meet fire safety requirements, restoration of streets surrounding the development site, and reconstruction of frontages when necessary to accommodate the new development project.

New subdivisions are required to construct sidewalks if none exist and where there are existing sidewalks, the sidewalks are evaluated and required to meet current sidewalk standards, including ADA requirements.

For infill developments, exceptions may be reviewed and considered by the City’s Public Works Director on a case-by-case basis as part of the City’s development review process, provided that the alternative design meets safety and ADA requirements. The street design guidelines and standards have a potential to affect housing costs; however, they are necessary to provide a minimum level of design and construction quality in the city’s neighborhoods, ensure the community’s ability to access housing developments and maneuver around it on safe surfaces, and meet ADA requirements. From an equity standpoint, the minimum standards help to ensure that improvements are of a consistent quality regardless of the average income in the neighborhood.

The on- and off-site improvement standards imposed by the City are typical for most communities and do not pose unusual constraints for housing development. While these improvements may increase the cost of development, it is important to note that adequate sewer, water, street, and accessible sidewalk infrastructure are a necessary component of a healthy, equitable, and productive city. Additionally, conditions of approval to complete onand off-site improvements are provided to applicants in a timely manner and do not have a significant impact on project timing.

INCLUSIONARY ZONING REQUIREMENTS
In 2017, Belmont adopted an inclusionary housing ordinance requiring certain residential and non-residential developments to mitigate project impacts on the local need for more affordable housing. Prior to ordinance adoption, the City participated in the San Mateo Countywide Grand Nexus Study that provided the technical and legal justification for an inclusionary housing requirement (Table 4-9).
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TABLE 4-9: INCLUSIONARY ZONING REQUIREMENTS AND FEES
Project Tyle Requirement Alternative Means of Compliance Large Ownership Projects (25+ Units) 15% Moderate Sale 15% Low Rental Small Ownership Projects (< 25 units) Mitigation Fee ($25/sf) 15% Moderate Sale, or 15% Low Rental Large Rental Projects (25+ Units) 15% Low n/a
Small Rental Projects (< 25 units) In Lieu Fee ($25/sf) 15% Low Rental Non-Residential Projects Mitigation Fee ($25/sf) Mitigation Fee Mixed Use Projects Proportional Proportional
Notes:

1. The number of affordable units required is calculated based on the number of dwelling units in the residential project, excluding any density bonus units (inclusionary amount determined by base allowed density, developer must submit base density calculation along with density bonus request).

2. The Housing Mitigation Fees are adjusted annually by City Council with adoption of the Master Revenue Schedule.

Projects Exempt from Inclusionary Requirements:
 One unit on an existing lot;
 Accessory dwelling units (ADU);
 Property owned by the State of California;
 Projects operated by non-profit organizations to provide food storage, meal service, or temporary shelter to homeless;  Non-residential projects involving no more than one employee; and  Any non-residential project otherwise determined to be exempt by the City Council.

Source: City of Belmont Planning Department.

The City prepares an annual financial report of all development impact and in-lieu fees, including the inclusionary housing fees paid by projects with less than 25 units (Housing Mitigation fees). The Fiscal Year 2022-23 Development Fees Annual Report reflected a fund balance of $2,571,617, including loans receivable totaling $2,351,473, for an available cash balance of $220,144. In FY 2023-24, the City has collected $599,866 in inclusionary housing fees to date from the Firehouse Square Phase II project. The City does not anticipate any additional inclusionary housing payments this year.

With a total of 1,023 housing units currently as pending and pipeline projects (508 under construction or recently completed, 306 units approved, and 209 in development review), the City has not seen any discernable constraint of the inclusionary housing ordinance on housing production since the inclusionary ordinance was adopted in 2017. In part, this is because developers can receive substantial density increases through the State Density Bonus Program.

In addition, the discontinuance of the density metric incentivizes developers to include more units than previously permitted. With clear requirements and guidelines, a template regulatory agreement, and experienced planning staff, the process of implementing the ordinance and ensuring developers comply with the requirements has been smooth.

Housing Program H2.2, Manage Portfolio of Deed Restricted Affordable Units, directs the City to seek and retain a housing service provider to manage the increasing portfolio of restricted affordable housing units to ensure ongoing compliance. Housing Element Program H5.3, Modify the Inclusionary Housing Program, directs the City to modify the inclusionary housing ordinance to incentivize lower-income housing units (extremely low and very low). 204

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ZONING FOR A VARIETY OF HOUSING TYPES
Housing Element law specifies that jurisdictions must identify adequate sites to be made available through appropriate zoning and development standards to encourage the development of various types of housing for all economic segments of the population. This includes single-family housing, multi-family housing, factory-built housing, mobile homes, emergency shelters, and transitional housing, among other housing types.

A review of the City’s Zoning Code shows that many types of housing are permitted in the community. The following analyzes the City’s allowance of various housing types.

MULTI-FAMILYHOUSING
In Belmont, multi-family units comprise approximately 36% of the existing housing stock.

Multi-family residential uses are allowed by right (no CUP required) in the R-3 and R-4 residential zones. Duplexes are permitted by right in the R-2, R-3, and R-4 and conditionally permitted in the Village High-density Residential (VHDR) district, where higher-density housing is typically preferred. Clustered dwelling units and townhomes are permitted in the Hillside Residential & Open Space (HRO) zoning districts with approval of a CUP; this requirement is appropriate given the challenging hillside terrain, vegetation, and access issues that exist for HRO properties in Belmont.

MIXED-USE DISTRICTS
Multi-family residential housing developments are the foundation of the vision for the Belmont Village districts and CMU district along El Camino Real. The City seeks a vibrant, walkable district around the Caltrain Station with sufficient commercial uses to support the residents. To support that vision, the City permits residential uses on the upper floors as a permitted use and requires a Conditional Use Permit (CUP) to allow residential on the ground floor of those buildings. Specifically, in the Belmont Village zoning districts, a CUP is only required if a residential use in the portion of the project within 60 feet of a public street; residential uses are allowed on the remainder of the first floor. In the CMU district the regulations require a CUP if residential uses are proposed anywhere on the ground floor, but would be looked at favorably if the portion near the street is commercial while the rear of the first floor is used for residential uses. If a housing project has a mixed-use component, with a commercial use on the ground floor, then a CUP is not required. The CUP findings were written to support the vision for the area while not acting as a deterrent to residential development. To make this determination, the Planning Commission must consider whether:
 the layout and street orientation of the site are conducive for the operation of ground floor commercial;
 the project would replace an existing retail or restaurant use on-site;  there are existing commercial uses within ¼ mile of that project that would meet the needs of the building occupants; and
 if the project would provide 30% or more units of affordable housing. 205

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The City has a strong record of completed and approved multi-family developments, even with the CUP requirement for housing on the ground floor. The requirement for a commercial use on the ground floor has been implemented in a reasonable way through the development review process. Recent projects include a traditional commercial space such as a quick serve restaurant or small retail space, or a flex/community space on the ground floor. For the 100% affordable projects recently approved, the City has encouraged the more active uses, such as the leasing office or community space, that are designed to activate the streetscape in lieu of a commercial space.

With strong housing production/development trends in the mixed-use districts, the City has not found the CUP requirement to be a constraint to residential development. As described in Chapter 6, Adequate Sites, the housing opportunity sites in the CMU and Village zoning districts are anticipated to continue supporting residential development.

The mixed-use districts in Belmont allow commercial uses as well as residential; however, the market demand for non-residential development in the Belmont Village area is low and the City has not had any applications approved for 100% commercial uses in these districts since the adoption of the General Plan and Belmont Village Specific Plan in 2017. In the CMU district, the only commercial proposal the City has received is a preliminary plan to demolish an existing motel and build a new hotel at the same location. Due to market dynamics and the physical layout of the mixed-use districts, it is unlikely that non-residential uses would outperform residential uses and act as an impediment to housing production.

In the Belmont Village and CMU districts, retail and restaurant uses are allowed but are expected to be located on the ground floor of multi-story buildings and are therefore not an impediment to housing production. Office uses are allowed in these districts but it is unlikely that major office uses would locate in the mixed-use districts because there are other locations in the City that are better suited for major office development. Since 2017, there have been no proposals for office development in these areas, even before the slowdown in office demand resulting from the COVID-19 pandemic. Smaller, locally serving office may develop over time but the City has not received any proposals for those types of uses since 2017. The City expects demand for research and development uses in other parts of the City but that use is not allowed in the mixed-use districts (other than one district, where a CUP is required). The small lot size and more constrained street pattern are not conducive to research and development uses in this area. Therefore, the City does not anticipate receiving applications for 100% commercial projects in the mixed-use zones. Program H4.9 commits the City to monitor commercial development in mixed-use zones and make necessary changes if trends change during the planning period.

As shown in Table 4-10, there are six projects and 670 units in the Village and CMU zoning districts, which demonstrates demand and conducive development standards for residential development.
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TABLE 4-10: PIPELINE AND PENDING PROJECT IN MIXED-USE DISTRICTS Address Ground Floor Use Total Units Zoning Status
Firehouse Square 1 Retail/Community 66 VC Completed 2023 Firehouse Square 2 Residential 15 VC Completed 2024
815 Old County Road Leasing Office/Community 177 VCS Completed 2024 1325 Old County Road Community/Flex 250 VCMU Completed 2024 803 Belmont Avenue Leasing Office/Community 125 CMU Approved Hill Street at El Camino Real Leasing Office/Community 37 BVSP Approved TOTAL 670
Source: City of Belmont, 2024.

EMERGENCY SHELTERS
An emergency shelter is any facility with overnight sleeping accommodations, the primary purpose of which is to provide temporary shelter for the homeless, in general, or for specific populations of homeless persons. The length of stay can range from one night up to six months.

In Belmont, emergency shelters are permitted by right in the S-2 Emergency Shelter overlay district, which includes 31 parcels in the CMU zoning district.

The purpose of the S-2 Emergency Shelter overlay district is to ensure that certain qualifying shelters with 16 or fewer beds can be built with no subjective entitlement review (building permit only) and are obligated to meet the basic performance standards related to client intake, hours of operation, services provided, kitchen, sanitation, storage, and security. The emergency shelter structures must meet the development regulations of the underlying CMU zoning district, which will be amended to eliminate the residential density maximum.

The S-2 district is located a short walk from Downtown Belmont, close to both the Caltrain station and the El Camino Real transit corridor, allowing easy access to social services and retail to meet daily needs. Permitted uses in the CMU district include both retail and residential in a compact, pedestrian-oriented setting. Enhanced multi-modal transportation options serve the CMU and S-2 districts.

Two parcels in the S-2 Emergency Shelter overlay district are included on the Sites Inventory, both of which are more than one acre in size and have the capacity to accommodate a large number of new housing units, including lower-income units. The City of Belmont’s existing requirements for the location of shelters includes the following.

21.3 S-2 EMERGENCY SHELTER COMBINING DISTRICT
(a) S-2 District Established. The S-2 Emergency Shelter combining district comprises that certain area situated within the City of Belmont and described on the following map is an S2 district. The City of Belmont Zoning Map was amended to include the S-2 district as shown in Figure 4.4.
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(b) S-2 District Purpose. The purpose of the S-2 Emergency Shelter combining district is to establish a district with sufficient capacity to accommodate the need for emergency shelters where emergency shelters are permitted without a conditional use permit or other discretionary action, as required by Government Code Section 65583. (c) Emergency Shelter Defined. “Emergency Shelter” is defined by Health and Safety Code section 50801(e) and does not include: (i) transitional housing or (ii) temporary shelter provided by general relief in the wake of a disaster.

Figure 4-4: S-2 Emergency Shelter Combining District
(d) Permitted and Conditionally Permitted Emergency Shelter Uses. (1) Permitted Use. Emergency shelters are permitted within the S-2 district without a conditional use permit or other discretionary review when:
(A) The shelter has sixteen (16) or fewer beds serving no more than sixteen (16) homeless persons at one time and
(B) The cumulative number of either emergency shelter beds or persons served at one time in the S-2 district does not exceed sixteen (16). (2) Conditionally Permitted Use. An emergency shelter within the S-2 district with more beds or serving more people than the cumulative number of beds or persons served at one time in subsection (d)(1)(B) requires a conditional use permit. (e) Development Regulations. An emergency shelter shall conform to all development regulations of the zoning district in which it is located, except off-street parking shall be provided as set forth in the table below. The Community Development Director may reduce the parking requirement if the shelter can demonstrate a lower need. All required parking spaces and access thereto shall conform to the City parking design standards.

Modifications to the development regulations of the underlying zoning district may be permitted subject to approval of a conditional use permit by the Planning Commission. 208

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TABLE 4-11: PARKING STANDARDS FOR EMERGENCY SHELTERS
Type Parking Spaces
Vehicular
Per employee or volunteer on duty when the shelter is open to clients 1 space Per family 0.50 space
Per non-family bed 0.25 space
Bicycle Per bed 0.25 space
Source: Zoning Ordinance; City of Belmont Planning Department. (f) Performance Standards. Emergency shelters shall conform to the following performance standards. A modification to a performance standard may be permitted subject to approval of a conditional use permit.
(1) Waiting and Client Intake Areas. Shelters shall provide ten (10) square feet of onsite, interior waiting and client intake space per bed. In addition, one (1) office or cubicle shall be provided per ten (10) beds, with at least one (1) office or up to 25% of the offices designed for client privacy. Waiting and intake areas may be used for other purposes as needed during operations of the shelter.
(2) Facility Requirements. Each facility shall have a written management plan that uses best practices to address homeless needs (e.g., quality assurance standards developed by the San Mateo County HOPE Quality Improvement Project) which shall include, at a minimum, the following.
(A) On-Site Management. On-site personnel are required during hours of operation when clients are present.
(B) Hours of Operation. Facilities shall establish and maintain set hours for client intake and discharge. The hours of operation shall be consistent with the services provided and be clearly posted.
(C) Services. Facilities shall provide overnight accommodation and meals for clients.

Staffing and services or transportation to such services shall be provided to assist clients to obtain permanent shelter and income.
(D) Kitchen. Each facility shall provide a common kitchen and dining area. (E) Sanitation. Each facility shall provide restrooms and shower facilities for client use.
(F) Storage. Each facility shall provide a secure area for storage of client personal property.
(G) Coordination. The shelter operator shall establish a liaison staff to coordinate with city, police, school district officials, local businesses, and residents on issues related to the operation of the facility.
(H) Exterior Security Lighting. Adequate external lighting shall be provided for security purposes. The lighting shall be sufficient to provide illumination and clear visibility to all outdoor areas, with minimal spillover on adjacent properties. The lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and compatible with the neighborhood.
(I) Security. On-site security shall be provided during the hours of operation when clients are present.
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(g) Compliance Review Procedures. An emergency shelter facility shall be reviewed for compliance with all development regulations and performance standards prior to occupancy of the facility, where a use permit is not required. (1) Request for Compliance Review. Requests for compliance review shall be made in writing by the owner of the property, lessee, purchaser in escrow, or optionee with the consent of the owners. The request shall be accompanied by a project description explaining the details of the proposal, and both site and building floor plans. (2) Compliance Determination. The Community Development Director or designee shall make a determination of compliance in writing after reviewing the request materials and considering any comments received. The determination of the community development director is final and not subject to appeal.

Based on analysis of these requirements against those of AB 2339 and other provisions of State law, the City’s current emergency shelter requirements contain constraints that will be eliminated through amended policies in this Housing Element. The constraints found include the following.

1. The definition of emergency shelters does not include associated uses such as low barrier navigation centers, bridge housing, respite/recuperative care, and other inclusive terms for shelters.

2. The parking requirements address more than staff parking, and do not reflect the requirements of AB 139.

The following standard is not currently a constraint, but could be in the future, and therefore will be amended as outlined in Program H4.2. Zoning Code Amendments to Remove Constraints.

1. The 16-bed maximum for by-right approval, which currently covers the number of Belmont’s homeless population as counted in the biennial homeless counts, would not cover potential increases over time, as shown in the growth of that population over the last five years. In 2017, there were three unsheltered persons, seven in 2019, and 13 in 2022.

Given this trend, the City commits to increasing the maximum number of beds by-right to 20, with a mid-cycle review to determine any changes that might be needed to the City’s bed limit. Based on this proposed increase, it is presumed that the square footage needed would be 4,000 square feet. As the density maximums are also being removed from this zone, the size would not be a constraint. It should be noted that a CUP would still be required for larger developments greater than 20 beds.

Additional requirements that are not constraints include the following.

1. Requirements for waiting rooms.

2. Provision of onsite management. This presumes that hours of operation, services, kitchen facilities, sanitation, storage facilities, coordination requirements, and ongoing compliance review are included in onsite management provisions.

3. Lighting.

4. Security.
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This Housing Element includes Program H4.2 Zoning Code Amendments to Reduce Constraints, includes actions to amend the Zoning Ordinance to address the identified constraints.

TRANSITIONAL AND SUPPORTIVE HOUSING
Transitional housing is defined as a project that is designed to provide housing and appropriate support services to homeless persons to facilitate movement to independent living within 24 months. Transitional housing may also be used for youth leaving the foster care system.

Supportive housing is defined as long-term community-based housing and supportive services for persons with special needs. The intent of this type of housing is to enable these special needs populations to live as independently as possible in a permanent setting.

The Belmont Zoning Ordinance includes definitions of both transitional and supportive housing and clarifies that both are considered a permitted residential use and only subject to those restrictions that apply to other residential dwellings in the same zone. Housing Element Program H4.3, Zoning Code Amendments to Remove Constraints, identifies an action to evaluate the Zoning Ordinance and update as needed to comply with AB 2162 and related State laws.

APARTMENT HOTEL, EFFICIENCY UNITS, OR SINGLE ROOM OCCUPANCY UNITS Apartment hotel, efficiency units, or single room occupancy (SRO) units are a type of housing that serves very low-income households. The Belmont Zoning Ordinance defines this type of housing as a dwelling unit containing only one habitable room for occupancy by no more than two (2) persons and containing a minimum of 220 square feet of living space. These units are considered a residential use and subject only to those restrictions that apply to other residential dwellings of the same type in the same zone.

MANUFACTURED HOUSING AND MOBILE HOME PARKS
State housing law requires communities to allow manufactured housing by right in all residential zones, and to allow mobile home parks as a special use in all residential zones (Government Code Section 65852.7). In Belmont, manufactured housing is allowed in all residential zones subject to the same objective design review requirements as site-built housing. The Belmont Zoning Ordinance permits mobile home parks in the M-1 manufacturing zone with a Conditional Use Permit.

Housing Element Program H4.3, Zoning Code Amendments to Remove Constraints, identifies an action for the City to amend the Zoning Ordinance to allow mobile home parks as a special use in all residential zones, consistent with State law.

ACCESSORY DWELLING UNITS
Accessory dwelling units (ADUs) are a source of housing units that is often lower cost to develop, occurs in established and high-resourced neighborhoods, and offers naturally 211

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affordable units based on size. The City complies with State law requirements for the processing of ADUs and has seen in increase in ADU production as State law has become more permissive. In the year 2018, the City issued a total of eight ADU building permits. By 2022, the number increased to 27. In 2023, the numbers remained high at 21 building permits issued.

Belmont has not identified any constraints to ADU development but has identified ways to further encourage ADU and JADU production as well as support housing mobility for lower income households. The City has included Programs H5.9, Conduct Zoning Code Amendments to Facilitate Production of ADUs and SB9 Units; H5.10, Provide Financial Support for ADUs that Serve Lower-Income Households; and H5.11, Conduct Outreach to Encourage ADU and SB9 Unit Production.

HOUSING FOR PERSONS WITH DISABILITIES
Fair Housing Law prohibits local governments from making housing opportunities unavailable to people with disabilities through discriminatory land use and zoning rules or other policies and procedures. Persons with disabilities are significantly more likely than other people to live with unrelated people in group housing, and therefore the definition of “family” can be a constraint to housing for persons with disabilities. While the City’s Zoning Ordinance definition of “Family” was updated to remove outdated references to traditional family or blood relationships, the current definition still refers to a group of individuals with an “internally structured relationship providing organization and stability. “The City has added Program H4.3, Zoning Code Amendments to Remove Constraints, to update the Zoning Ordinance to further update the definition of “Family”to remove the reference to “internally structured relationship” and instead define a family as one or more persons living together in a dwelling unit, with common access to, and common use of all living, kitchen, and eating areas within the dwelling unit. This will remove a potential governmental constraint to housing persons with disabilities.

The siting of group homes is another common constraint to housing for persons with disabilities. State law requires that certain community care facilities serving six or fewer persons be permitted by right in residential zones. Moreover, such facilities cannot be subject to requirements (development standards, fees, etc.) more stringent than single-family homes in the same district. The Zoning Ordinance has been amended to provide definitions for “residential care facilities” and “small residential care facilities” (those serving six or fewer clients), and to clarify that a nursing or convalescent home is considered a residential care facility.

The revised Zoning Ordinance further clarifies that small residential care facilities are a residential use permitted in any residential zone, while large residential care facilities are currently permitted in residential zoning districts with approval of a CUP. Requiring a CUP for larger facilities serving seven or more persons with a disability is a potential governmental constraint.

Program H4.3, Zoning Code Amendments to Remove Constraints, also directs the City to eliminate the CUP requirement for all residential care facilities, regardless of size, and to allow 212

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these types of housing facilities in all zoning districts that allow residential uses based on objective criteria. This will bring the Zoning Ordinance into consistency with State law and would remove a potential governmental constraint to housing persons with disabilities.

REASONABLE ACCOMMODATIONS
A reasonable accommodation is a change, exception, or adjustment to a rule, policy, practice, or service. The Fair Housing Act makes it unlawful to refuse to make reasonable accommodations when such accommodations may be necessary to afford persons with disabilities an equal opportunity to use and enjoy a dwelling and public and common use areas.

In addition, the Fair Housing Act prohibits a housing provider from refusing to permit, at the expense of the person with a disability, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises.

Requests for the installations of ramps or interior modifications are typically processed over the counter and do not require any special review. Prior to issuance of a building permit, the applicant must submit plans, which are reviewed by City staff. Applicants may remodel, add up to 400 square feet, or add exterior ramps with only ministerial approval and without a public hearing.

Belmont Zoning Ordinance Section 10 defines a simple procedure for residents to request reasonable accommodations for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act. The Ordinance clearly defines application requirements and permitting procedures for residents seeking these types of accommodations to ensure such requests can be efficiently processed.

Requests made for a reasonable accommodation without any accompanying application for another approval--permit or entitlement--are reviewed administratively by the Community Development Director within 45 days. An application for reasonable accommodation shall be granted if the following findings are made:

1. The housing, which is the subject of the request, will be used by an individual disabled under the Federal Fair Housing Act and the California Fair Employment and Housing Act.

2. The requested reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Federal Fair Housing Act and the California Fair Employment and Housing Act.

3. The requested reasonable accommodation would not impose an undue financial or administrative burden on the City.

4. The requested reasonable accommodation would not require a fundamental alteration in the nature of a City program or law, including but not limited to land use and zoning.

5. The requested reasonable accommodation would not adversely impact surrounding properties or use.
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6. There are no reasonable alternatives that would provide an equivalent level of benefit without requiring a modification or exception to the City’s applicable rules, standards, and practices. (b) In granting a request for reasonable accommodation, the approving authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by subsection (a).

BUILDING CODES AND ENFORCEMENT
A variety of federal, State, and local building and safety codes are adopted for the purpose of preserving public health and safety, as well as ensuring the construction of safe and decent housing. At times, code requirements increase the cost of such housing. However, these codes are not considered a specific constraint on development in Belmont since all projects must comply, other jurisdictions in the region have adopted similar codes, and the purpose of the codes is to protect public health and safety. The codes the City has adopted, and other codes with which all projects must comply, include building codes, accessibility standards, energy standards, specific codes to reduce hazards, and other related ordinances.

LOCAL PROCESSING AND PERMIT PROCEDURES

TYPICAL PROCESSING TIMES
Table 4-12 describes the typical amount of time needed for various types of residential projects to be reviewed. The development review process can take 2 to 6 months for a new single-family home and 5 to 14 months for multi-family projects. Nearly all recently approved multi-family residential projects were able to reduce environmental review by utilizing the Belmont General Plan Environmental Impact Report (EIR) adopted by the City in 2017, which has significantly reduced development review processing times. For all project types, it takes the Community Development Department 30 days to determine if an application is complete. To facilitate the process, City staff meet with applicants in advance of application to review submittal requirements to increase likelihood of complete applications. If applicants do not submit the materials requested, the timeline can increase by several months.

If a multi-family developer is requesting a zone change or Planned Development (PD) to allow for more flexible development standards, the rezoning process can take up to 18 months. In most instances, multiple entitlements can be processed simultaneously to streamline the review process. For example, in November 2021 the City Council concurrently approved a multifamily residential site rezoning, conceptual development plan, detailed development plan, Conditional Use Permit, and design review at a single meeting. In addition to the zone change, there may be a variety of other issues to consider such as CEQA review, slope, grading, drainage, and/or geotechnical issues, or the existence of protected trees. The zone change combined with several of these additional issues could extend the development review process to 9 to 18 months.
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TABLE 4-12: RESIDENTIAL PROJECT DEVELOPMENT REVIEW TIME FRAMES Development Type Approval Type Approving Authority
Time Frame for Review (Days)a
Determine
Completeness
of Application
Determine
Environmental
Reviewb
Maximum
Time to
Approve/
Disapprove
Projectc
Single-Family
Tier 1 – Less than 400 sf, or
carport enclosures/additions
that do not increase footprint
Building Permit Building Official
30 N/A
45 Tier 2 – Less than 900 sf Design Review Zoning Administrator 45-60 Tier 3 – New homes, grading
< 500 cy, additions > 900 sf,
CEQA Required
Design Review Planning Commission 30 60-120
Multi-Family
EIR Required Design Review;
CUP for housing
on the ground
floor in CMU or
village districts
Planning
Commission; City
Council Required for
Development
Agreements
30 30
270-360
Negative Declaration Required 120-240
CEQA Exempt 90-180
Accessory Dwelling Units (ADUs)
ADU Applications Meeting All
Ministerial Standards Building Permit Building Official 10 N/A 45 a Times listed for approval/disapproval do not take the time needed for any type of zoning amendment, such as the use of the PD district, into account.
b Time required to determine whether an environmental impact report, negative declaration, or mitigated negative declaration shall be required.
c Maximum time required to act (approve or disapprove a permit application) from the date environmental review is complete or the determination of categorical exemption is made.

Source: Belmont Planning Department.

The 2015-2023 Housing Element implemented a program that (1) eliminates any time used to determine the level of environmental review for secondary dwelling units, as these are generally CEQA-exempt; (2) caps the number of days needed to act on a CEQA-exempt singlefamily unit permit application to 60 days; and, (3) caps the number of days needed to act on a multi-family permit application that requires an EIR to 180 days (90 days if the project requires an EIR and at least 49% of the units are affordable), and to 60 days if the project requires a Negative Declaration or is CEQA-exempt.

To provide clear and efficient information on both the City website and in-person at the Permit Center, the City has developed new handouts, including a “Frequently Asked Questions” document. These documents have been extremely well received by the public.

DESIGN REVIEW
A Design Review Permit from the Planning Commission is required for multi-family housing development projects. The City’s findings for a Design Review Permit for housing projects are consistent with SB330 (Housing Crisis Act) and AB678 and SB167 (Housing Accountability Act), 215

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which require that local jurisdictions utilize a ministerial and streamlined process for specified housing projects; this streamlined process requires objective development standards to address a variety of design concerns that were typically resolved during a discretionary process in the past.

Government Code Section 65913.4 (5) defines objective standards as:
“Standards that involve no personal or subjective judgement by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent, and the public official prior to submittal.”
In accordance with the requirements of state law, a ministerial process for review of qualifying housing development projects has been included in Belmont Zoning Ordinance Section 13.5.1 (Design Review). The required findings are directly from State law and read in the negative, as the review authority is required to approve the project unless the findings can be made. (a) The reviewing body must approve or conditionally approve Design Review for a project that is defined as a “Housing Development Project” by the Housing Accountability Act (Government Code Section 65589.5(h)(2)) unless it makes one of the following findings supported by a preponderance of the evidence in the record:

1. The project does not comply with all applicable objective general plan, zoning, subdivision, and development standards including objective design review standards.

2. The project would result in a specific adverse impact to public health and safety that cannot be feasibly mitigated without denying the project or reducing its density.

These are the only findings for multi-family design review. There is no subjective analysis in the design review process.

Belmont has a Tiered System of review for the Single-Family Design Review (SFDR) process.

The level of review (tier) is dependent on the scope of the project. For example, small ground floor additions are reviewed at a staff level. Larger ground floor additions and upper floor additions are reviewed by the Zoning Administrator. New single-family homes and large upper floor additions are reviewed by the Planning Commission.

Belmont’s Residential Design Criteria (RDC) is a companion document to the Zoning Ordinance, which provides additional, objective, measurable, or quantifiable review criteria required for new construction. The RDC includes relevant criteria for the regulation of building bulk (such as second story step backs, prescribed articulation, and daylight planes), which are specified based upon the scope of the project, site conditions, and the architectural style of the home. New homes and additions must comply with the RDC if the new construction: (a) includes a ground floor plate height that exceeds 12 feet or a roof height that exceeds 18 feet (as measured from finished grade), or (b) creates or expands an upper floor. The RDC standards are available on the City’s website:
https://www.belmont.gov/home/showpublisheddocument/13391/635973497473800000. 216

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All new single-family residential structures, and additions must be consistent with the City’s established Residential Design Guidelines (RDG). The RDG include basic design concepts and elements of good design. The purpose of the RDG is to provide clear guidance to property owners and developers. They help applicants prepare project plans by: 1) providing an overview of the SFDR Findings that the review authority must make in order to approve a project; and 2) providing relevant examples of designs that are in general agreement with the SFDR Findings.

The RDG have proven very useful in clarifying the City’s expectations for development of singlefamily residential properties and have helped streamline the entitlement review process by reducing the number of non-compliance or incomplete items.

The Multi-Family objective design standards, RDG, updated zoning standards, and simplified residential design review process have ensured that applicants, community members, City Council, Planning Commission, and City staff know the review criteria and understand the applicable design review principles at the outset of a project, helping to streamline and add more clarity to the project review process. The City currently has 1,023 housing units as pending and pipeline projects and expects to receive several more large housing project applications during the planning period. Therefore, the City concludes that the design review process is not a constraint to housing development. Clear and objective zoning standards, guidelines, and experienced staff have made the Design Review process more streamlined for developers.

CONDITIONAL USE PERMITS
Multi-family residential uses on the ground floor in the CMU or Village Districts require a CUP granted by the Planning Commission. Multi-family residential uses above the ground floor in these districts, and in other residential zoning districts, are permitted by right. Please see the discussion under the Zoning for a Variety of Housing Types – Mixed-Use Districts subheading earlier in this chapter. If a CUP is required, it is processed concurrently with the design review and does not add to the approval timeline.

ENVIRONMENTAL REVIEW
The City facilitates environmental review as required by CEQA. To streamline new development, the City certified a Program Environmental Impact Report (EIR) for the comprehensive General Plan Update, Belmont Village Specific Plan and Climate Action Plan in 2017. The certification of that Program EIR allows the City to process most housing projects under Section 15183 of the CEQA Guidelines. Environmental analysis is limited to consistency with the General Plan EIR, associated Mitigation Measures, and requirements of Guidelines Section 15183. This approach has resulted in significant streamlining of housing projects.

Additionally, SB35 procedures require a ministerial process without CEQA review for certain affordable housing projects. If a project does require a Negative Declaration, Environmental Impact Report, or other form of CEQA documentation, the City follows Public Resources Code 21080.1 and 21080.2, related to processing times.
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SENATE BILL 35APPROVAL PROCESS
Senate Bill (SB) 35, passed in 2017, requires jurisdictions that have not approved enough housing projects to meet their RHNA to provide a streamlined, ministerial entitlement process for housing developments that incorporate affordable housing. Per SB 35, the review and approval of proposed projects with at least 50% affordability must be based on objective standards and cannot be based on subjective design guidelines. However, to be eligible, projects must also meet a long list of other criteria, including prevailing wage requirements.

For applicants to take advantage of SB 35, per Government Code Section 65913.4(10)(b)(1)(a)(et seq.), they must submit a Notice of Intent and jurisdictions need to give Native American tribes an opportunity for consultation. In 2020, the City of Belmont amended the Zoning Ordinance to ensure that only objective development standards are utilized in analysis of housing projects, and to establish a ministerial review process for qualifying housing projects. Belmont eliminated the requirement for a Conditional Use Permit for new multifamily housing constructed within a multi-family district. These steps further streamline the pre-application and design review process to introduce efficiencies during planning application reviews.

The City of Belmont has identified Housing Element Program H4.6, Update the City's Webpage to Provide Enhanced Information for Housing Developers, to update the City website with information and resources for SB 35 streamlined ministerial review, including provision of a Notice of Intent form and information about the process, making it easy for developers to consider this option. The City processed its first SB 35 streamlined development application for a 37-unit 100% affordable project on El Camino Real at Hill Street and the project was approved in February 2023. As of May 2024, the City is processing an SB35 project for a 100% affordable housing project at 678 Ralston Avenue.

SENATE BILL330PROCESS
Senate Bill (SB) 330, Housing Crisis Act of 2019, prohibits cities and counties from enacting a development policy, standard, or condition that would impose or enforce design standards that are not objective on or after January 1, 2020 [Government Code Section 663300 (b)(C)]. SB 330 also established specific requirements and limitations on development application procedures.

Per SB 330, housing developers may submit a “preliminary application” for a residential development project. This allows a developer to provide a specific subset of information on the proposed development before providing the full information required by the local government for a housing development application. Submittal of the preliminary application secures the applicable development standards and fees adopted at that time. The project is considered vested, and all fees and standards are frozen, unless the project changes substantially.

The City of Belmont has developed a preliminary application form consistent with SB 330. In addition, the bill limits the application review process to 30 days for projects less than 150 units, 218

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and 60 days for projects greater than 150 units, with no more than five public hearings, including Planning Commission, design review, and City Council.

SB 330 also prohibits cities and counties from enacting a development policy, standard, or condition that would have the effect of: (A) changing the land use designation or zoning to a less intensive use or reducing the intensity of land use within an existing zoning district below what was allowed on January 1, 2018; (B) imposing or enforcing a moratorium on housing development; (C) imposing or enforcing new design standards established on or after January 1, 2020, that are not objective design standards; or (D) establishing or implementing certain limits on the number of permits issued.

DEVELOPMENT COSTS, FEES, AND EXACTIONS
Belmont collects planning and development fees to cover the cost of processing permits and providing the necessary services and infrastructure related to new development. Permit processing fees are intended to reimburse the City for actual administrative costs. Fees are imposed by the Planning, Building, and Public Works Departments. Table 4-13 summarizes fees charged to developers of recently permitted residential projects in Belmont.

Table 4-13 indicates that total fees for a 3-bedroom, 2,180 square-foot single-family residential unit would be approximately $58,394, approximately 3% of the estimated total development costs. The planning and building fees account for 2% of the total costs for a new single-family house. This is typical given almost all the few remaining, vacant single-family residential lots in Belmont are constrained by steep slopes, limited access, or heavy vegetation and will likely require geologic and engineering review.

The total fees per unit for multi-family residential apartment projects range from approximately $38,881 per unit in a 66-unit project, down to $28,575 per unit in a larger 250- unit project. These fees represent 4% to 6% of the total estimated development costs for these projects. Planning and building fees account for 3% to 4% of the total costs for new multifamily residential development projects, while the development impact, in-lieu, and mitigation fees account for approximately 1% of total development costs.

In 2022, Community Planning Collaborative engaged Century|Urban to perform research on the development costs of certain residential prototypes in San Mateo and Santa Clara Counties.

Table 4-14 compares Belmont’s total fees development per unit for both single- and multifamily residential to the average total fees per unit for all jurisdictions in San Mateo County. In both categories, the City of Belmont is nominally above average. Given the number of new construction housing units currently as pending or pipeline projects (508 under construction, 306 with approved entitlements, and 209 in development review), Belmont’s total development fees per unit do not appear to be a constraint to housing development. 219

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TABLE 4-13: EXAMPLE RESIDENTIAL PROJECT DEVELOPMENT FEES Single-Family
Dwelling
55 Ralston
Ranch
Multi-Family Apartment
1300 El Camino Real
(Firehouse Square 1)
100% Affordable
1325 Old County
Road
15% Affordable
815 Old
County Road
15% Affordable
Project Assumptions
Project Size (units) 1 66 250 177
Living Area per Unit (sf) 2,180 1,106 898 868
Building Size (sf) 2,180 72,978 224,468 153,685
Average Construction Cost/Unit $1,040,000 $453,472 $240,013 $223,292 Average Land Cost/Unit $960,583 $123,000 $123,000 $123,000 Average Soft Costs (non-fees) $270,000 $120,000 $120,000 $120,000 Project Valuation $300,000 $29,929,181 $60,003,296 $39,522,730 Project Fees Charged
Total Development Review/Planning
Fees (Including CEQA) $10,104 $120,413 $61,207 $58,382
Total Building Permits & Fees $33,771 $1,879,892 $5,156,200 $3,512,757 Total Planning & Building Fees $43,875 $2,000,305 $5,217,407 $3,571,139 Planning & Building Fees per Unit $43,875 $30,308 $20,870 $20,176 Planning & Building Fees as
Proportion of Development Cost 2% 4% 3% 3%
Total Impact Fees $14,519 $565,871 $1,926,336 $2,770,118 Impact Fees per Unit $14,519 $8,574 $7,705 $15,650
Impact Fees as Proportion of
Development Cost 1% 1% 1% 2%
Total Fees $58,394 $2,566,176 $7,143,743 $6,341,257
Total Fees per Unit $58,394 $38,881 $28,575 $35,826
Total Fees as Proportion of Total
Development Cost 3% 6% 4% 5%
Total Development Costs $2,328,977 $46,324,176 $167,893,743 $120,152,257 Source: City of Belmont, December 2022
TABLE 4-14: TOTAL DEVELOPMENT FEES PER UNIT
SingleFamily
Percentage
of Total
Development
Costs
Large
Multi-Family
Percentage
of Total
Development
Costs
City of Belmont (see Table 4-13 for details) $58,394 3% $28,575 4% San Mateo Countywide (Average) $55,433 2% $25,319 3%
Source: City of Belmont, December 2022; Century Urban “San Mateo and Santa Clara Counties Development Costs,” April 2022; Community Planning Collaborative, April 2022.
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The City offers programs to mitigate the impact of development fees on affordable housing. In 1990, the City passed a resolution that allows the Planning Director to waive fees for non-profit developers who provide affordable housing units. Recently approved projects providing affordable housing units have also successfully negotiated deferred submittal of certain development fees to help with project financing. In 2020 and 2021, the Belmont City Council held study sessions to review development impact and in-lieu fees and confirmed that Belmont had fees in place that were consistent with and not higher than the median of surrounding jurisdictions. Therefore, development impact, in-lieu, and mitigation fees are not considered to be a constraint to housing development in San Mateo County.

The City follows new transparency requirements for posting all zoning and development standards and fees for each parcel on the jurisdiction’s website, pursuant to Government Code section 65940.1(a)(1). The City also maintains a wide variety of development information online, including development standards and all fees. A current schedule of fees and inclusionary affordability requirements can be accessed on the City’s website at www.belmont.gov/finance. Table 4-15 summarizes housing development fees in effect for Fiscal Year 2023.

OTHER LOCAL CONSTRAINTS

INFRASTRUCTURE CONSTRAINTS
The City’s water service is provided by the Mid-Peninsula Water District which supplies water to consumers in an area slightly larger than the city limits of the City of Belmont. Small portions of the service area are within the City Limits of the City of San Carlos, Redwood City, and parts of the unincorporated County of San Mateo. The District's service territory covers approximately five square miles and serves approximately 28,000 people. In the event of an emergency the district can serve or be served with inter-ties between neighboring utilities, as of today the district has one inter-tie with Foster City, three with San Carlos, one with Redwood City, and three with San Mateo. The City coordinates closely with the Mid-Peninsula Water District to ensure they are aware of projected development and the resultant service growth demand.

The City’s wastewater treatment is primarily provided by Silicon Valley Clean Water (SVCW).

SVCW serves more than 220,000 people and businesses in their service area. By effectively treating wastewater at an advanced, two-stage biological treatment facility, SVCW helps keep the public and San Francisco Bay environmentally clean and safe. Sewage arrives at the treatment facility through a series of pipelines and pump stations. The sewage then passes through physical, chemical, and biological treatment processes, which results in high quality effluent being discharged to the deep-water channel of the San Francisco Bay. 221

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TABLE 4-15: BELMONT NEW RESIDENTIAL DEVELOPMENT FEES FY 2022-2023 Single-Family Multi-Family
Development Review/Planning Fees
SB 330 Preliminary Review $311/hr $311/hr
Planning Review $6,252 $10,950 deposit + $311/hr
Engineering Review $5,900 $4,948 deposit + $380/hr
Geologic Review $6,921 $6,921
Environmental Review – CEQA
Categorical Exemption Fee $311 $311
Initial Study/Neg. Dec. (staff time) N/A $18,158
Mitigated Negative Declaration N/A $21,426 (plus contract cost) Public Notice Fee $328 $328
EIR (Plus Consultant) N/A $40,221 (plus contract cost)
Other Development Review Fees (As Applicable)
Tentative Parcel Map N/A $27,617
General Plan/Zoning Amendment N/A $16,153
Lot Line Adjustment/Consolidation N/A $6,043
Variance and FAR Exception $10,950 $10,950
Conditional Use Permit N/A $2,951–$10,329
Parcel Map N/A $11,443 +$311/hr
Final Map N/A $17,879+$311/hr
Building Permits and Fees
Building Fee basis $11,929+ $4.63/1000 sf $11,929+ $4.63/1000 sf Building Plan Check 65% of building fee basis 65% of building fee basis Engineering Plan Check $5,697 +$358/hr $5,697 +$358/hr
Noise Insulation N/A 8% of building fee basis
Planning Plan Check 35% of building fee basis 35% of building fee basis Accessibility Plan Check 25% of building fee basis 25% of building fee basis Fire Plan Check $155 $938-$1,566
Electrical Permit $159 $159
Mechanical Permit $162 $162
Plumbing Permit $161 $161
Inspection Fees $311/hr $311/hr
Grading Permit $1,073 +$3/CY(over 50 CY) $1,073 +$3/CY(over 50 CY) Other Fees
General Plan Maintenance Fee 0.75% of building valuation 0.75% of building valuation Electronic Document Fee 5% of building fee basis 5% of building fee basis NPDES Inspection Fee $1,073 $1,073-$10,728
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Single-Family Multi-Family
SBSA (Sewer) Connection Fee $12,025 $12,025/unit
State Energy (Title 24) 25% of building fee basis 25% of building fee basis Impact Fees
Park Development Impact Fee $14,242 $9,495 per unit
Parkland In-Lieu Fee (Quimby) $41,043 $27,362 per unit
Transportation Impact Fee $7,697 $5,974 per unit
Public Art In-Lieu Fee 1% building valuation 1% building valuation Housing Mitigation Fee $25/sf $26/sf
School Fees $6.14/sf $6.14/sf
Source: City of Belmont FY 2022-2023 Fee Schedule.

It is anticipated that the City has adequate capacity to meet demand and adequate capacity to expand to meet projected development as part of the Housing Element. Current facilities and/or infrastructure are reported to be in good operating condition. Larger housing development projects may require the installation of utility infrastructure to accommodate individual project impacts, including water main lines, upsized sewer lines, and/or additional lateral connections within the city. Infrastructure installations necessary to serve future development would generally be installed within the already disturbed rights-of-way of existing roads or within the disturbance footprints of development projects. Implementation of proposed capital improvement projects for the SVCW treatment plant would ensure adequate capacity to serve projected demand.

A copy of the updated Housing Element and growth projections is provided to utility providers to ensure long term service planning and capital improvements will provide sufficient capacity to accommodate the City’s regional housing need for the planning period. 223

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B ELMONT H OUSING E LEMENT 2023 - 2031 5-1
5 RESOURCES
This section analyzes resources available for the development, rehabilitation, and preservation of housing in Belmont, including organizations and agencies, financial sources, regulatory assets, and resources for energy conservation. The inventory of land resources suitable for housing can be found in Section 6, Adequate Sites.

5.1 ADMINISTRATIVE RESOURCES
The following agencies and organizations contribute to the goal of preserving and increasing affordable housing in Belmont. Both government agencies and partnerships with nonprofit agencies and for-profit developers are necessary to implement many housing programs.

CITY OF BELMONT
The City of Belmont provides administrative services, housing, and community development services to residents, developers, and others interested in housing issues. In addition, the City is responsible for oversight of the housing assets of the former Redevelopment Agency.

HOUSING AUTHORITY OF THE COUNTY OF SAN MATEO (HACSM)
The City does not operate its own housing authority but is served by the Housing Authority of the County of San Mateo (HACSM), which provides rental subsidies and manages and develops affordable housing for low-income families, seniors, and persons with disabilities in the County.

It administers approximately 4,500 vouchers through the Housing Choice Voucher Program (Section 8) and offers rental assistance for 180 units through the Project Based Voucher Program.
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SAN MATEO COUNTY
San Mateo County contracts with Project Sentinel to handle complaints of discrimination in the sale or rental of housing and for the mediation of tenant/landlord disputes. San Mateo County also has several local enforcement organizations including the Legal Aid Society of San Mateo County and Community Legal Services of East Palo Alto. These organizations receive funding from the County and participating jurisdictions to support fair housing enforcement and outreach and education in the County. The fair housing services include investigations and enforcement in response to reports of housing discrimination complaints, as well as independent testing of rental properties for signs of discrimination in rental practices. As part of this Housing Element update, the City will improve access to fair housing information on its website, including comprehensive housing related information and materials for low-income households seeking housing opportunities, and coordinate with providers to market programs electronically (see Program H5.1). In addition, the City of Belmont will perform fair housing training in partnership with Project Sentinel for landlords and tenants across the region to promote housing mobility (see Program H5.5).

LOCAL NON-PROFIT RESOURCES
A number of non-profit organizations and support agencies currently work across San Mateo County and have been active in Belmont. These agencies serve as resources in meeting the housing needs of the County and are integral in implementing activities for preservation of assisted housing and development of affordable housing, as well as creating safe and healthy places for all economic segments of the community. These organizations include but are not limited to the list below.
 HIP Housing
 HEART of San Mateo County
 Peninsula Habitat for Humanity
 First Community Housing
 MidPen Housing
 Rebuilding Together Peninsula

5.2 FINANCIAL RESOURCES
The City’s housing programs are funded through a variety of state and federal sources. These funds actively support fair housing choice, improving the housing stock, and protecting housing affordability in Belmont and throughout the region. This section offers a summary of funding sources that are currently available in Belmont, as well as additional funding sources that are potentially available to support various housing programs. 226

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CITY FUNDS

HOUSING SUCCESSOR AGENCY
The primary local source of funds for affordable housing in Belmont has traditionally been the former Redevelopment Agency’s Low- and Moderate-Income Housing Fund. However, due to passage of Assembly Bill (AB)x1 26, redevelopment agencies across California were eliminated as of February 1, 2012, removing the primary local tool for creating affordable housing. With the subsequent passage of AB 1484 in June 2012, the Supplemental Educational Revenue Augmentation Funds (SERAF) borrowed by the State from Redevelopment Agencies’ Lowand Moderate-Income Housing Funds were required to be repaid and deposited into each Housing Successor Agency’s Housing Asset Fund. As part of the fiscal year 2023 budget, the Belmont Housing Successor Agency committed $3.5 million to support the 803 Belmont Avenue 100% affordable housing project.

The City expects to receive approximately $4,000,000 in its Low- and Moderate-Income Housing Asset Fund in fiscal year 2024, primarily from the repayment of a loan for the Firehouse Square project. The Housing Successor Agency intends to contribute all revenues towards the development of 100% affordable housing projects, including $1 million that has been committed for the development of the affordable project at Hill Street and El Camino by LINC Housing.

RESIDENTIAL HOUSING MITIGATION FEES
In 2017, the City adopted an ordinance establishing housing mitigation fees on the construction of new residential projects to mitigate the burdens created by these new projects on the need for extremely low-, very low-, low- and moderate-income housing and to increase and preserve the supply of housing affordable to households of extremely low, very low, low and moderate incomes.

COMMERCIAL DEVELOPMENT LINKAGE FEES
In 2017, the City adopted an ordinance establishing a commercial linkage fee. The fee is collected when a building permit for a non-residential use is issued and is to be used for the creation and preservation of affordable housing. It is calculated by using the gross floor area of net new commercial space, excluding structured parking. Fee rates are adjusted annually using the construction cost index, but the City maintains three tiers of pricing for the fee, with “retail/service” at the least expensive, “hotel” at middle pricing, and “office/research” at the highest rates. The City has not received any commercial linkage fee to date but several largescale commercial projects are in the development pipeline that if constructed, will be required to pay these fees.
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INCLUSIONARY HOUSING IN-LIEU FEES
The City Council Ordinance 2017-1126, adopted in 2017, established an inclusionary zoning fee for small for-sale residential projects of fewer than 25 units in-lieu of providing an alternative, as defined in the Ordinance. If in-lieu fees are levied, they are the same as the residential development mitigation fee. As of fiscal year 2023, City currently has roughly $600,000 in inlieu housing fees in the fund that are anticipated to be used to support affordable housing development and Housing Element program implementation.

COUNTY FUNDS

COMMUNITY DEVELOPMENT BLOCK GRANTS (CDBG)
San Mateo County is an Entitlement jurisdiction under the U.S. Department of Housing and Urban Development’s (HUD) Community Development Block Grant (CDBG) Program. As such, the County receives funding from HUD on an annual basis and can provide grants to non-profit and governmental agencies to develop viable urban communities through the provision of services to the low- and moderate-income community. Programs and services include development of housing for persons with special needs; services to the elderly, those with disabilities, and children; expanding economic opportunities; and public improvements.

HOMEINVESTMENT PARTNERSHIP PROGRAM
The HOME program is a federal grant that is also determined by formula allocations. HOME funds are directed toward the housing programs that assist persons at or below 60% of the median income, including acquisition, rehabilitation, new construction, tenant-based assistance, homebuyer assistance, planning, and supportive services. Funding for this program is allocated to San Mateo County for projects in all non-entitlement areas, including Belmont.

EMERGENCY SOLUTIONS GRANTS (ESG)
Emergency Solutions Grant (ESG) funds are used to provide shelter and related services to the homeless. The San Mateo County Department of Conservation and Development (DCD) coordinates the allocation of ESG funds with the County's Homeless Program Office and the Continuum of Care (CoC) Board.

OTHER FUNDING SOURCES
Table 5-1 identifies additional funding federal and state resources for affordable housing activities, including but not limited to new construction, acquisition, rehabilitation, and homebuyer assistance.
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TABLE 5-1: OTHER PUBLIC FUNDING SOURCES
Federal Programs
Brownfields Grant Funding
Program
Resources available for the cleanup of eligible publicly- or privately held properties to facilitate the reuse/redevelopment of contaminated sites.

Choice Neighborhoods
Implementation Grant
Program
Support the implementation of comprehensive plans expected to revitalize public and/or assisted housing and facilitate neighborhood improvements.

Community Facilities Direct
Loan & Grant Program
Provides affordable funding to develop essential community facilities in rural areas.

Continuum of Care (CoC)
Program
Funding is available on an annual basis through HUD to quickly rehouse homeless individuals and families.

Farm Labor Housing Direct
Loans & Grants (Section
514)
Provides affordable financing to develop housing for domestic farm laborers.

Housing Choice Vouchers
The government's major program for assisting very low-income families, the elderly, and the disabled to afford housing through rental subsidies that pays the difference between the current fair market rent and what a tenant can afford to pay (e.g., 30% of their income).

Home Ownership for People
Everywhere (HOPE)
Provides grants to low-income people to achieve
homeownership.

Housing Opportunities for
Persons with AIDS
(HOPWA)
Funds are made available countywide for supportive social services, affordable housing development, and rental assistance to persons living with HIV/AIDS.

Housing Preservation Grants
Grants to sponsoring organizations for the repair or
rehabilitation of housing owned or occupied by low- and verylow-income rural citizens.

Low-Income Housing Tax
Credit (LIHTC) Program
Tax credits for the for the acquisition, rehabilitation, or new construction of rental housing for lower-income households.

Project equity is raised through the sale of tax benefits to investors. 4% and 9% credits available.

Rural Rental Housing:

Direct Loans
Direct loans for construction or rehabilitation of affordable, rural multi-family rental housing.

Section 108 Loan Guarantee
Program
Loans to CDBG entitlement jurisdictions for capital
improvement projects that benefit low- and moderate-income persons.

HUD Section 202 Supportive
Housing for the Elderly
Program
Interest-free capital advance to private, non-profit sponsors to cover the costs of construction, rehabilitation, or acquisition of very low-income senior housing.

HUD Section 221(d)(3) and
221(d)(4)
Insures loans for construction or substantial rehabilitation of multi-family rental, cooperative, and single-room occupancy housing.

Section 502 Direct Loan
Program
USDA Section 502 Direct Loan Program provides
homeownership opportunities for low- and very-low-income families living in rural areas.
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State Programs
Affordable Housing and
Sustainable Communities
Program (AHSC)
Funds land use, housing, transportation, and land preservation projects that support infill and compact development and GHG emissions.

CalHome
Grants to local public agencies and non-profits to assist firsttime homebuyers become or remain homeowners through deferred-payment loans. Funds can also be used for ADU/JADU assistance (i.e., construction, repair, reconstruction, or rehabilitation).

CalHFA Residential
Development Loan Program
Loans to cities for affordable, infill, owner-occupied housing developments.

Cleanup Loans and
Environmental Assistance to
Neighborhoods (CLEAN)
Program
Department of Toxic Substances Control program that provides low-interest loans to investigate, cleanup, and redevelop abandoned and underutilized urban properties.

California Emergency
Solutions and Housing
(CESH)
Grants for activities to assist persons experiencing or at-risk of homelessness.

California Self-Help Housing
Program
Grants for sponsor organizations that provide technical assistance for low- and moderate-income families to build their homes with their own labor.

Community Development
Block Grant-Corona Virus
(CDBG-CV1) – CARES Act
Funding
A subsidiary of the CDBG program that provides relief to eligible entities due to hardship caused by COVID-19.

Emergency Housing
Assistance Program (EHAP)
Funds for emergency shelter, transitional housing, and related services for the homeless and those at risk of losing their housing.

Golden State Acquisition
Fund (GSAF)
Short-term loans (up to five-years) to developers for affordable housing acquisition or preservation.

Homekey
Grants to acquire and rehabilitate a variety of housing types (e.g., hotels, motels, vacant apartment buildings) to serve people experiencing homelessness or who are also at risk of serious illness from COVID-19.

Homeless Emergency Aid
Program (HEAP)
$500 million block grant program designed to provide direct assistance to cities, counties and CoCs to address the
homelessness crisis.

Homeless, Housing
Assistance and Prevention
(HHAP) Program
HHAP Round 1: $650 million grant to local jurisdictions to support regional coordination and expand or develop local capacity to address immediate homelessness challenges.

Round 2: $300 million grant that provides support to continue to build on regional collaboration to develop a unified regional response to homelessness.

Housing for a Healthy
California (HHC)
Funding for supportive housing opportunities intended to create supportive housing for individuals who are recipients of or eligible for health provided through Medi-Cal.
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Housing Navigators
Program
$5 million in funding to counties for the support of housing navigators to help young adults aged 18 to 21 secure and maintain housing, with priority given to young adults in the foster care system.

Housing-Related Parks
Program
Funds the creation of new park and recreation facilities or improvement of existing park and recreation facilities that are associated with rental and ownership projects that are
affordable to very low- and low-income households.

Infill Infrastructure Grant
Program (IIG)
Grant funding for infrastructure improvements for new infill housing in residential and/or mixed-use projects.

Joe Serna, Jr., Farmworker
Housing Grant (FWHG)
Grants and loans for development or rehabilitation of rental and owner-occupied housing for agricultural workers with priority for lower-income households.

Local Early Action Planning
(LEAP) Grants
Assists cities and counties to plan for housing through providing one-time, non-competitive planning grants.

Local Housing Trust Fund
Program (LHTF)
Lending for construction of rental housing projects with units restricted for at least 55 years to households earning less than 60%AMI. State funds match local housing trust funds as downpayment assistance to first-time homebuyers.

Mobile-home Park
Rehabilitation and Resident
Ownership Program
(MPRROP)
Low-interest loans for the preservation of affordable mobilehome parks.

Mortgage Credit Certificate
(MCC) Program
Income tax credits to first-time homebuyers to buy new or existing homes.

Multi-family Housing
Program (MHP)
Low-interest, long-term deferred-payment permanent loans for new construction, rehabilitation, and preservation of permanent and transitional rental housing for lower-income households.

No Place Like Home
Invests in the development of permanent supportive housing for persons who need mental health services and are experiencing homelessness or chronic homelessness, or at risk of chronic homelessness.

Office of Migrant Services
(OMS)
Provides grants to local government agencies that contract with HCD to operate OMS centers throughout the state for the construction, rehabilitation, maintenance, and operation of seasonal rental housing for migrant farmworkers.

Permanent Local Housing
Allocation Program (PLHA)
Grants (competitive for non-entitlement jurisdictions) available to cities to assist in increasing the supply of affordable rental and ownership housing, facilitate housing affordability, and ensure geographic equity in the distribution of funds.

Predevelopment Loan
Program (PDLP)
Short-term loans to cities and non-profit developers for the continued preservation, construction, rehabilitation, or conversion of assisted housing primarily for low-income households.

Regional Early Action
Planning (REAP) Grants
Grant funding is intended to help COGs and other regional entities collaborate on projects that have a broader regional impact on housing.
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SB 2 Planning Grants
Program
One-time funding and technical assistance to help local governments adopt and implement plans and process
improvements that streamline housing approvals and accelerate housing production.

Supportive Housing MultiFamily Housing Program
(SHMHP)
Low-interest loans to developers of permanent affordable rental housing that contain supportive housing units.

Transformative Climate
Communities (TCC)
Program
Competitive grants for planning and implementation of
community-led development and infrastructure projects that achieve major environmental, health, and economic benefits in the state’s most disadvantaged communities.

Transit Oriented
Development Housing
Program (TOD)
Low-interest loans and grants for rental housing that includes affordable units near transit.

Transitional Housing
Program (THP)
Funding to counties for child welfare services agencies to help young adults aged 18 to 25 find and maintain housing, with priority given to those previously in the foster care or probation systems.

Veterans Housing and
Homelessness Prevention
Program (VHHP)
Long-term loans for development or preservation of rental housing for very low- and low-income veterans and their families.

Workforce Housing Program
Government bonds issued to cities to acquire and convert market-rate apartments to housing affordable to moderateincome households, generally households earning 80% to 120% of AMI.

Source: City of Belmont, 2024.

5.3 ENERGY CONSERVATION OPPORTUNITIES
The State of California is a nationwide leader in sustainable building practices. Written into the State Building Code are several sets of requirements and guidelines to facilitate the production of more environmentally friendly buildings. These requirements are updated every three years.

The most recent version, the 2019 California Building Standards Code took effect on January 1, 2020. Title 24, Part 6, of the California Code of Regulations (Building Energy Efficiency Standards for Residential and Nonresidential Buildings) contains building standards that provide for energy efficiency and focus on four key areas: smart residential photovoltaic systems, updated thermal envelope standards, residential and nonresidential ventilation requirements, and nonresidential lighting requirements.

The City of Belmont requires compliance with the 2019 California Building Code for all new construction. The City amends the Code as needed to further define requirements based on the unique local conditions of Belmont and to assist the City in meeting our sustainability goals.

The Code is designed to protect the public health, safety, and welfare of Belmont’s residents.

Compliance with the California Building Code on the use of energy efficient appliances and insulation has reduced energy demand stemming from new residential development. 232

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LOCAL AND REGIONAL PROGRAMS
The Bay Area Regional Energy Network (BAYREN) is a coalition of the Bay Area’s nine counties working to promote resource efficiency at the regional level, focusing on energy, water, and greenhouse gas reduction. BAYREN provides rebates and financing for a variety of energy upgrades and works in partnership with PG&E (the local utility provider) and Peninsula Clean Energy (the local Community Choice Aggregation program) to offer financial and energyrelated assistance programs for its low-income customers, including:
 Relief for Energy Assistance through Community Help (REACH). The REACH program helps low-income qualified customers who experience uncontrollable or unforeseen financial hardships.
 Low Income Home Energy Assistance Program (LIHEAP). This federally funded program provides financial assistance to help offset eligible household’s energy costs, including heating, cooling, and home weatherization expenses.
 CARE/FERA Discount Programs. CARE and FEA help eligible customers pay their energy bills. A monthly discount is applied on electricity and/or gas for eligible households.  Medical Baseline Allowance. Customers who are eligible for Medical Baseline receive an additional allotment of electricity and/or gas per month. This helps to ensure that more energy to support qualifying medical devices is available at a lower rate.  Vulnerable Customer Program. The Vulnerable Customer Program was designed to help address the needs of our customers whose life or health would be at risk should their electric or gas service be disconnected. Customers who self-certify that they have a serious illness or condition that could become life threatening if their electric or gas service is disconnected for nonpayment will receive an in-person visit from a PG&E representative before disconnection.
 Home Upgrade Program. This program provides income-qualified homeowners with home repairs and energy efficiency upgrades at no cost. 233

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B ELMONT H OUSING E LEMENT 2023 - 2031 6-1
6 ADEQUATE SITES
State Housing Element Law (Government Code
Sections 65583(a)(3)) requires that jurisdictions
demonstrate their availability of adequate land
resources to accommodate their “fair share” of
regional housing needs. Jurisdictions must
demonstrate that these land resources have the
appropriate site characteristics and development
regulations required to accommodate their
community’s housing needs as identified by the
State Department of Housing and Community
Development (HCD) and the Bay Area’s regional
governing body, the Association of Bay Area Governments (ABAG). Land resources identified as suitable for potential future accommodation of residential development throughout the planning period are referred to as a “Sites Inventory.” This section describes the land resources which have been identified for inclusion in the City’s Sites Inventory.

The chapter starts with a description of the City’s housing target for the 2023-2031 planning period called the Regional Housing Needs Allocation (RHNA). It then describes pipeline and pending projects and presents the methodology for developing the sites inventory, including an analysis of recent development trends that provided guidance for selecting housing opportunity sites, anticipated Accessory Dwelling Units (ADUs), and vacant and non-vacant sites where housing is an allowed use. It then provides an analysis of each of the identified suitable sites and the factors that make them likely to develop during this planning period. The analysis in this chapter demonstrates that there is an adequate supply of suitable land to accommodate the City’s RHNA housing allocation of 1,785 units, including housing for very lowand low-income households.

Firehouse Square 1 located at 1300 El Camino Real
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6.1 REGIONAL HOUSING NEEDS ALLOCATION (RHNA)
RHNA is the State-required process that seeks to ensure each California jurisdiction is planning for enough housing capacity to accommodate their “fair share” of the state’s housing needs for all economic segments of the community. The RHNA process for the nine-county Bay Area is described below.
 Regional Determination. The HCD provided the Association of Bay Area Governments (ABAG) with a Regional Housing Needs Determination of 441,176 units. This is the number of units the Bay Area must plan for between 2023 and 2031. It represents the number of additional units needed to accommodate the anticipated growth in the number of households, to replace expected demolitions and conversions of housing units to nonhousing uses, and to achieve a future vacancy rate that allows for healthy functioning of the housing market. The Regional Housing Needs Determination for the first time ever also included adjustments related to the rate of overcrowding and the share of cost-burdened households, which resulted in a significantly higher number of housing units for which the Bay Area must plan compared to previous RHNA cycles.
 RHNA Methodology. ABAG developed a RHNA methodology to allocate the Regional Housing Needs Determination across all cities, towns, and counties in the region. The RHNA methodology must be consistent with State objectives, including but not limited to promoting infill, equity, and environmental protection; ensuring jobs-housing balance; and affirmatively furthering fair housing. The allocation also considers factors such as employment opportunities, the availability of suitable sites and public facilities, commuting patterns, and type and tenure of housing need. ABAG developed the RHNA methodology in conjunction with a committee of elected officials, jurisdictional staff, and related stakeholders called the Housing Methodology Committee. More information about ABAG’s RHNA methodology is available at https://abag.ca.gov/our-work/housing/rhna-regionalhousing-needs-allocation.  Housing Element Updates. Each jurisdiction must adopt a Housing Element that demonstrates how it can accommodate its assigned RHNA for each income category through its zoning. HCD reviews each jurisdiction’s Housing Element for compliance with State law. Belmont’s Housing Element must demonstrate capacity to accommodate 1,785 units as further described below.

BELMONT’S “FAIR SHARE”
In determining a jurisdiction’s share of new housing needs, ABAG splits each jurisdiction’s allocation into four income categories:
 Very Low-Income – 0% to 50% of Area Median Income (AMI)  Low-Income – 51% to 80% of AMI
 Moderate-Income – 81% to 120% of AMI
 Above Moderate-Income – more than 120% of AMI
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The AMI in San Mateo County for a family of four is $175,000. How this breaks down into income categories for Belmont is shown in Table 6-1. Where this Housing Element refers to housing that is affordable to the different income levels shown above, this means that a household spends no more than 30% of their income on housing.

TABLE 6-1: RHNA AFFORDABILITY LEVELS IN BELMONT
Affordability Level Percent of AMI Belmont Household Incomea Very Low-Income ≤ 50% < $87,500
Low-Income 51-80% $87,501 - $140,000
Moderate-Income 81-120% $140,001 – $210,000
Above Moderate-Income > 120% > $210,000
Note: AMI = Area Median Income, Household incomes based on San Mateo County’s 2023 AMI of $175,000 for a 4-person household. a Household incomes are for households/families of four.

Source: CA HCD, Division of Policy Development, State Income Limits 2023.

In December 2021, ABAG identified the City of Belmont’s fair share of the region’s housing needs as 1,785 new housing units, as shown in Table 6-2. This allocation represents a planning goal by requiring the City to demonstrate sufficient development capacity through the identification of potential sites and zoning to facilitate the RHNA during the planning period.

TABLE 6-2: BELMONT RHNA
Income Category RHNA Percent of RHNA
Very Low-Income (0-50% of AMI) 488 27%
Low-Income (50-80% of AMI) 281 16%
Moderate-Income (80-120% of AMI) 283 16%
Above Moderate-Income (120% or more of AMI) 733 41%
Total 1,785 100%
Source: Housing Element Cycle 6 RHNA Allocation.

In addition, each jurisdiction must also address the projected need of extremely low-income households, defined as households earning 30% or less of AMI. The projected extremely lowincome need is assumed to be 50% of the total RHNA need for the very low-income category.

As such, there is a projected need for 244 extremely low-income housing units.

6.2 PROGRESS TOWARDS THE RHNA
Per HCD guidance, housing units that are proposed, approved, or under construction are counted towards the current RHNA so long as a Certificate of Occupancy is not issued before the projection period start date, which is June 30, 2022. Projects that receive a Certificate of Occupancy before June 30, 2022, count towards the previous RHNA cycle. Belmont’s pipeline projects are described below. The City is also processing three pending projects, which have been submitted but not yet approved. The City is committed to a timely public review process to facilitate all pipeline and pending projects and will follow all applicable State Laws (see Program H1.5: Facilitate Pipeline and Pending Projects). 237

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Additionally, per HCD guidance, a community may also credit the number of ADUs that are anticipated to be developed during the 6th Cycle Housing Element planning period toward its RHNA requirements. The forecasted development of ADUs during the planning period must be based on an analysis of prior years’ building permit data and local development regulations that promote ADU development. The City of Belmont’s anticipated ADU development over the course of the 2023-2031 planning period is discussed in more detail below.

PIPELINE PROJECTS
As noted above, projects that have been approved, permitted (since June 30, 2022), or received a certificate of occupancy (in 2023) since the beginning of the RHNA projected period may be credited toward meeting the RHNA allocation based on the affordability and unit count of the development. For these projects, affordability is based on the actual or projected sale prices, rent levels, or other mechanisms establishing affordability in the planning period of the units within the project. Table 6-3 summarizes all pipeline and pending housing development projects, the affordability level of the units, and the affordability mechanism, if applicable.

These projects are either under construction or have received entitlement approval.

As indicated in Table 6-3, four pipeline multi-family housing projects have completed construction and will be occupied by Spring 2024. These projects include:
 Firehouse Square 1
 Firehouse Square 2
 815 Old County Road
 1325 Old County Road
The following is a more detailed summary of the status of the remaining pipeline projects. The City anticipates that all of these projects will be constructed and occupied during the RHNA 6 planning period and will establish Program H1.5: Facilitate Pipeline and Pending Projects to support these projects through completion (see Chapter 7, Housing Goals, Policies, and Programs).
 803 Belmont Avenue – This project is a 100% affordable project. Entitlements were approved in May 2022. In addition, the City committed $3.5 million in Affordable Housing Funds to support the project. The project was awarded $14 million of San Mateo County Affordable Housing Funds in September 2022 and CTAC/CDLAC funding in May 2023.

Construction commenced in May 2024.
 608 Harbor Blvd. – Entitlement approvals were granted in June 2023 and the City and San Mateo County completed the LAFCo annexation process in early 2024. Construction is anticipated to begin in 2025.
 Hill Street at El Camino Real – This project is a 100% affordable project. Entitlement approvals and a Disposition Development and Loan Agreement (DDLA) with Linc Housing for project development were approved in February 2023. The project is in the process of applying for low-income housing tax credit financing and, if awarded, will start construction in late 2025 or 2026.
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TABLE 6-3: PIPELINE AND PENDING PROJECTS AFFORDABILITY OVERVIEW Very
LowIncome
LowIncomeModerateIncome
Above
ModerateIncome
Total
Units
Affordability
Mechanism Status
Pipeline Projects
Firehouse Square 1 46 19 0 1 66 City/County
AHF; TCAC Completed 2023
Firehouse Square 2 0 0 0 15 15 n/a Completed 2024
815 Old County Road 0 27 0 150 177 Inclusionary Completed 2024 1325 Old County Road 0 38 0 212 250 Inclusionary Completed 2024 803 Belmont Avenue 63 61 0 1 125 City/Council
AHF; TCAC Construction
608 Harbor Boulevard 0 16 0 87 103 Inclusionary Approved Hill Street at El Camino Real 22 14 0 1 37 City/County
AHF; TCAC Approved
800 Laurel Avenue 0 0 0 16 16 n/a Approved
Single-Family Homes 0 0 0 4 4 n/a Approved
ADUs 0 0 21 0 21 n/a Approved
PIPELINE SUBTOTAL 131 175 21 487 814
Pending Projects
580 Masonic Way 11 0 11 117 139 Inclusionary Applied
1477 El Camino Real 0 1 0 4 5 n/a Applied
678 Ralston Avenue 52 12 0 1 65 County; TCAC Applied
PENDING SUBTOTAL 63 13 11 122 209
TOTAL 194 188 32 609 1,023
Note: TCAC = Tax Credit Allocation Committee; AHF = Affordable Housing Funds Source: City of Belmont, 2024.
 800 Laurel Avenue – Entitlement approvals for 16 market rate units were approved in December 2021. The applicant applied for building permits but encountered technical issues related to the undergrounding of utilities. They have been working with PG&E and the City to resolve those issues. As of April 2024, the issues are resolved and they are proceeding with the building permit review process. Construction is anticipated to begin in 2025.
 Single-Family Residential Units and ADUs – A total of four single-family homes and 21 ADUs were permitted in 2023. These projects are on various timelines but the City anticipates construction of these units to commence in 2024.

PENDING PROJECTS
The residential projects that have yet to be approved but will likely be developed during the 2023-2031 planning period are referred to as “Pending Projects” and are described below and included in Table 6-3. These pending projects total 209 residential units:
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 580 Masonic Way – Project application was submitted in May 2021 for 139 units, including 11 very low-income units and 11 moderate income units. The project was on hold while the developer worked through legal challenges related to private site covenants but as of April 2024 they are moving forward again with an updated entitlement application. The project is an allowable use and the City anticipates the project will complete its entitlement process in early 2025 and will be constructed during the planning period. The project site was included in the 2015-2023 Housing Element and was required to be rezoned to accommodate the RHNA allocation for the site. As a result, the site is eligible for by-right approvals if the proposed project includes 20% low-income units. The current application for the site includes 15% very low-income units and 15% moderate income units.  1477 El Camino Real – Project application for a five-unit market rate residential project was submitted in July 2020. This is physically constrained site that relies on a joint use access easement with Caltrain for parking. The applicant has been working though these issues and modified the project in 2023. The City expects the project will be entitled and constructed during the planning period.
 678 Ralston Ave – Project application was originally submitted in December 2023 for a 65- unit 100% affordable project pursuant to SB 35. The applicant withdrew the application, made revisions, and resubmitted the project in early 2024. The City expects the project to be approved ministerially in 2024. The project has secured funding from San Mateo County and will apply for tax credit financing. Construction timing will depend on the award of tax credit financing but is expected to occur in the middle of the planning period.

ACCESSORY DWELLING UNITS
The State allows jurisdictions to count projected development of ADUs based on prior years’ production averages. Substantial changes in State law pertaining to ADUs in the last several years have made it much easier for homeowners to create ADUs throughout Belmont. With no formal affordability mechanisms or tracking in place for ADUs, Belmont has historically considered ADUs to be moderate-income units based on unit size limitations.

Table 6-4 below includes an analysis of the City of Belmont’s issuance of building permits for ADUs between the years 2018 to 2023. During that time period, the number of ADUs developed has significantly increased since 2018 with an average of 15 ADUs per year over the last six years. The Belmont Sites Inventory conservatively assumes an average of 13 ADUs per year at the moderate-income level, or 90 total moderate-income units (between 2024-2031).

TABLE 6-4: SIX-YEAR ACCESSORY DWELLING UNIT (ADU) PRODUCTION Year 2018 2019 2020 2021 2022 2023
6-Year
Total
ADUs Permitted 9 12 11 12 27 21 92
Source: City of Belmont, 2024.
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RHNA CREDITS SUMMARY
A summary of the pipeline developments and projected ADU development which can serve as “alternative means” or credits toward the City of Belmont’s RHNA requirements are included in Table 6-5. Together these credits total 1,113 units (more than 50% of the required RHNA). The following Section 6.3, Sites Inventory Methodology, describes the land availability to accommodate the remaining RHNA.

TABLE 6-5: RHNA CREDITS
Address
Very LowIncomeLowIncomeModerateIncome
Above
ModerateIncome
Total
Units
Pipeline Units 131 175 21 487 814
Pending Units 63 13 11 122 209
Projected ADUs (2024-2031) 0 0 90 0 90
TOTAL 194 188 122 609 1,113
Source: City of Belmont, 2024.

6.3 SITE INVENTORY METHODOLOGY
The City has identified adequate sites to accommodate the remaining RHNA and an ample buffer for all income categories after credits are applied. City staff inventoried vacant and underutilized parcels in Belmont to determine what land is available for development at various density levels. Types of suitable sites include the following.  Vacant, residentially zoned sites.
 Vacant, non-residentially zoned sites that allow residential development.  Underutilized residentially zoned sites capable of being developed at a higher density or with greater intensity (Note: “underutilized” refers to land-improvement ratios which evaluates the amount of available land in comparison to the development intensity of the existing improvements constructed on-site).
 Underutilized sites zoned for residential use.
 Underutilized sites zoned for mixed-use use that allow residential development.  Residentially zoned sites that are capable of being developed at a higher density (nonvacant sites, including underutilized sites).  Sites owned or leased by the City.
 Non-residentially zoned sites that can be redeveloped for residential use (via program actions).

RECENT DEVELOPMENT TRENDS
After many years of limited development activity in the city, Belmont has seen a significant increase in housing projects since the 2017 adoption of a comprehensive General Plan update 241

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and the Belmont Village Specific Plan (BVSP) for the area near the Caltrain station. As a result of these planning efforts and revised development standards, the City currently has 11 multifamily residential projects comprising 998 units that have either been entitled (pipeline projects) or are submitted entitlement applications (pending projects). These projects include a mix of unit types, tenures, and targeted incomes, including four 100% affordable rental projects, market rate rental multi-family apartments, and for-sale townhomes. The characteristics of these pipeline and pending projects serve as the basis for the analysis of feasibility and capacity for Belmont’s housing inventory sites. Table 6-6 provides an analysis of site characteristics for these projects.

PRIOR USES/BUILDING CHARACTERISTICS
The pipeline and pending projects, as shown in Table 6-6, are located on non-vacant properties containing older, low-density, commercial and industrial development. The majority of the sites were non-vacant and had a variety of commercial and light industrial uses such as auto service, low-rise office buildings, light manufacturing, stand-alone retail buildings, and a former ice rink. All of the proposed developments are on sites where the buildings were over 40 years old. In addition, except for the City-owned Fire Station property, the uses existing on-site were fully operational at the time development proposals were submitted to the City, demonstrating that even properties with active commercial or industrial uses can be converted to residential.

IMPROVEMENT TO LAND RATIO
As shown in Table 6-6, the Improvement to Land Ratio (ILR), a measure of the development intensity of the property, is 0.55 and below for all of the sites, with the average value of 0.2. This indicates that the properties were underutilized, many with large amounts of surface parking, and therefore prime for redevelopment.

SITE CONSOLIDATIONS
As seen in Table 6-6, eight of the 11 pipeline projects are located on consolidated sites, comprised of up to nine different parcels. Of the three remaining sites that did not include lot consolidations, two are small site developments located on parcels of under ½-acre and the remaining site is the redevelopment of a retail strip center with active retail uses.

Many of the consolidated properties had previously been under multiple ownerships prior to being assembled for development.

Below are examples of pipeline and pending projects in the RHNA-6 planning period and two examples of successful lot consolidations that were completed during the RHNA-5 planning period with varying densities and affordability levels. These examples demonstrate that the lot consolidation opportunities identified in the RHNA-6 Sites Inventory are achievable. 242

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TABLE 6-6: PIPELINE AND PENDING MULTI-FAMILY PROJECTS SITE CHARACTERISTICS Address
Project Characteristics Predevelopment Site Properties
Total
Units
Size
(Acres)
Density
(Units/
Acre) Status
Consolidated
Site? Prior Uses
Building
Age ILR
Pipeline Projects
Firehouse Square 1
(100% Affordable Rental) 66 0.72 91 Completed 2023 Yes (3 Parcels) Firehouse & vacant lot 1936 0.171 Firehouse Square 2
(For-Sale Townhomes) 15 0.52 29 Completed 2024 Yes (3 Parcels) Firehouse & vacant lot 1936 0.053 815 Old County Road
(Market Rate Rental) 177 1.74 102 Completed 2024 Yes (2 Parcels) Ice Rink c. 1960 0.289 1325 Old County Road
(Market Rate Mixed-Use
Rental)
250 2.08 120 Completed
2024 Yes (5 Parcels)
Commercial
and industrial
concrete tiltup buildings
c. 1937 0.349
803 Belmont Avenue
(100% Affordable Rental) 125 1.46 86 Construction Yes (2 Parcels) Motel & vacant lot 1953 0.067 608 Harbor Blvd.
(Market Rate Rental) 103 0.71 145 Approved Yes (4 Parcels) Gas station,
car wash, &
former
railroad track
1970-
1982 0.019
Hill St. at El Camino Real
(100% Affordable Rental) 37 0.32 116 Approved Yes (4 Parcels) Auto repair
shop & three
retail stores
c. 1960 0.55
800 Laurel Avenue
(For-Sale Townhomes) 16 1.79 9 Approved Yes (9 Parcels) SFD & vacant land 1938 0.019

PIPELINE MULTI-FAMILY
SUBTOTAL 789
Pending Projects
580 Masonic Way
(Market Rate Rental) 139 1.24 112 Applied No Retail strip mall 1956 0.323 1477 El Camino Real
(Market Rate Mixed-Use
Rental)
5 0.15 33 Applied No Vacant land n/a 0
678 Ralston Ave
(100% Affordable Rental) 65 0.36 181 Applied No Dry cleaners 1961 0.233

PENDING MULTI-FAMILY
SUBTOTAL 209
TOTAL 998
Source: City of Belmont, 2024.

RHNACYCLE 6 PIPELINE AND PENDING PROJECTS WITH SITE CONSOLIDATIONS:
 803 Belmont Avenue: Two parcels including a motel and a small vacant lot, each under separate ownership. The combined 1.46-acre site is approved for 124 low-income units and one market-rate unit and started construction in May 2024.  815 Old County Road: Two non-vacant parcels under the same owner previously used as an ice rink. The combined 1.74-acre site developed with 27 low-income units and 150 market-rate units and was completed in 20224.
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 608 Harbor Blvd.: Four non-vacant parcels with three separate owners currently used as a gas station, former railroad track remnant, and self-service car wash. The combined

0.71-acre site is approved for 16 low-income units and 87 market-rate units.  Hill Street at El Camino Real: Four non-vacant parcels previously used as an auto repair shop and three retail stores. The City purchased the sites from two owners and consolidated them for affordable housing development. The combined 0.32-acre site is approved for 36 low-income units and one market-rate unit.  800 Laurel Avenue: Nine parcels currently consisting of a single-family home and vacant land under a singular owner. The combined 1.79-acre site is approved for 16 market-rate units.
 Firehouse Square 1 and 2: Three parcels consisting of a former City-owned firehouse and privately owned vacant lot. The combined 1.25-acre site developed with 65 very lowincome units completed in 2023 and 16 market-rate townhome units which were completed in 2024.
 1325 Old County Road: Five small non-vacant parcels (including two parcels that needed to be annexed into the City of Belmont to accommodate the project), with five owners, which previously contained a mix of commercial and light industrial buildings, which were predominantly one and two-story tilt-up concrete construction. The combined 2.1-acre site developed into 250 rental housing units, including 37 lower-income affordable units and was completed in 2024.

RHNACYCLE 5 PROJECTS WITH SITE CONSOLIDATIONS:
 400 El Camino Real: Two non-vacant parcels containing a convenience market, a two-story office building, and parking. The combined 1.83-acre site developed into 73 units and approximately 5,000 square feet of commercial space (developer made inclusionary housing in-lieu contribution) and was completed in 2019.  576-600 El Camino Real: Four non-vacant parcels containing a three-unit retail plaza and home goods boutique under a single ownership. The combined 0.91-acre site developed with 32 market-rate units (developer made inclusionary housing in-lieu contribution) and was completed in 2017.

DENSITY
The Belmont Village Specific Plan (BVSP) zone does not include any maximum residential density metric, which has resulted in densities of more than 100 units per acre regularly being attained for multi-family residential projects. The City of Belmont currently has six multi-family residential projects either under construction or in development review that exceed 100 units per acre, as reflected in Table 6-6. In January 2024, the City implemented Housing Element Program H4.1, Update Zoning Code to Increase Floor Area Ratios and Density, to eliminate the maximum residential density metric and increase the allowable Floor Area Ratio (FAR) for all properties in the Corridor Mixed Use (CMU) district to continue to encourage densities greater than 100 dwelling units per acre.
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SMALL SITE DEVELOPMENT
Another notable development trend in Belmont is the development of small sites that are less than a ½-acre in size. The City currently has three projects in the pipeline on sites that are between 0.15 to 0.36 acres (as shown in Table 6-6). It is also important to note that of these projects, two are 100% affordable projects which indicates that it is feasible to build affordable housing on small sites.

SITE INVENTORY APPROACH
Staff conducted a site-by-site review of potential development sites citywide. As demonstrated below, staff currently believe that the RHNA, plus a reasonable buffer, can be accommodated on parcels identified in the Sites Inventory using current land use and zoning regulations. Each site, or potential aggregation of sites, was analyzed to discern the likelihood and feasibility of development during the period of 2023-2031. Based on the recent development trends in Belmont, as evidenced by the characteristics of the pipeline and pending projects, factors such as underperforming or vacant uses, owner or developer interest, age of current improvements, Improvement to Land Ratio (ILR), and potential site constraints were reviewed. Given these considerations, the City identified sites that are likely to develop/redevelop within the planning period.

As seen in Table 6-11 at the end of this chapter, the adequate sites analysis demonstrates that there is enough land to meet the City’s RHNA. The City’s Sites Inventory for future housing includes property zoned for mixed use (including high density residential) that is currently vacant, as well as land that is underutilized. The majority of the properties in the Sites Inventory are non-vacant lands that are underutilized given that the City is primarily built out and has limited vacant land. However, as demonstrated by the pipeline and pending projects, the City is experiencing a high volume of residential projects on underutilized non-vacant sites and expects this trend to continue.

REALISTIC CAPACITY
When establishing realistic unit capacity calculations, the jurisdiction must consider current development trends of existing or approved residential developments at a similar affordability level in that jurisdiction, as well as the cumulative impact of standards such as height, open space, parking, and floor area ratios (FARs). The capacity methodology must be adjusted to account for any limitation because of availability and accessibility of sufficient water, sewer, and dry utilities. For non-residential zoned sites (i.e., mixed-use areas or commercial sites that allow residential development), the capacity methodology must account for the likelihood of residential development on these sites. For a detailed discussion of non-residential development, please see Chapter 4, Constraints, Section 4.2 Governmental Regulations and Constraints, Multi-Family Housing subheading.

Belmont currently has 1,023 housing units as pipeline or pending projects (either constructed since 2023, currently under construction, approved with entitlements, or in development 245

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review). These units represent more than 50% of the total RHNA allocation for the next planning period.

The City does not have a maximum density in the zoning districts where the housing opportunity sites are located. Therefore, the City cannot assume housing opportunity sites will develop based on that maximum (such as 75% or 80% of the maximum density in that district.) Instead, the City is basing its assumption on past projects. The City has conducted a thorough analysis of pipeline and pending developments and has determined that sites over ½-acre (when consolidated) are developing, on average, at the equivalent of 98 dwelling units per acre as shown in Table 6-7 below.

TABLE 6-7: PIPELINE AND PENDING PROJECT DENSITIES ON CONSOLIDATED SITES OVER ½-ACRE Address
Parcel Size
(Acres)
Total
Units
Density
(Units/Acre) Zoning Density Bonus
803 Belmont Avenue (100%
Affordable) 1.46 125 86 CMU Yes – number of units and height 815 Old County Road 1.74 177 102 VCS Yes – FAR, height and bulk 580 Masonic Way 1.24 139 112 VCS Yes – to be determined 1325 Old County Road 2.08 250 120 VCMU No – applicant did not request 608 Harbor Blvd. 0.71 103 145 HIA Yes – for building code (reach code) requirements
Firehouse Square 1
1300 El Camino Real (100%
Affordable)

0.72 66 91 VC Yes – parking
Firehouse Square 2 0.52 15 29 VC No
Average Units Per Acre 98
Source: City of Belmont, 2024.

To be conservative, the City has assumed a density of 75 dwelling units per acre for the identified housing opportunity sites over ½-acre in the Sites Inventory. The only exception to this is 832 Belmont Avenue (0.73 acres after consolidation) which has an assumed density of 35 dwelling units per acre. This site is located on a steep hillside which limits development capacity. As a result, the density assigned was based on preliminary development proposal previously considered for the site.

The City has three projects currently in the pipeline on sites that are less than a ½-acre and they have widely varying densities ranging from 33 to 181 units per acre as shown in Table 6-8.

Despite there not being a large sample size, it does demonstrate interest and feasibility of developing these smaller sites independent of lot consolidations. In particular, 678 Ralston is proposed by an experienced affordable housing developer that has been successful at getting tax credits and completing projects. They have indicated interest in developing another property under ½ acre in the City as well. Based on this information, the City is confident that projects with affordable units are feasible on sites less than ½ acre. To be conservative, the City is assuming a density of 30 dwelling units per acre for the sites less than a ½-acre in the Housing Sites Inventory.
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TABLE 6-8: PIPELINE AND PENDING PROJECT DENSITIES ON SITES UNDER ½-ACRE Address
Parcel Size
(Acres)
Total
Units
Density
(Units/Acre) Zoning Density Bonus
Hill Street at El Camino Real
(100% Affordable) 0.32 37 116 VC Yes – FAR, height, bulk, setback 1477 El Camino Real 0.15 5 33 CMU No
678 Ralston Ave
(100% Affordable) 0.36 64 181 VCMU Yes – to be determined, expected to include FAR and height Average Units Per Acre 110
Source: City of Belmont, 2024.

Housing Element Program H4.1 directs the City to modify the Corridor Mixed Use (CMU) and Village Station Core (VSC) zoning districts to eliminate the maximum residential density and increase the allowable FAR, so that these zoning districts align with development capacity in the more intensive BVSP districts. These Zoning Ordinance amendments were completed in January 2024.

While these Zoning Ordinance amendments were not required for Belmont to meet the RHNA allocation, they eliminate a potential constraint to housing development and ensure that the Sites Inventory projections are both realistic and achievable. The zoning amendments also ensure that multi-family housing projects achieving higher densities can provide lower-income housing units.

With the Zoning Ordinance amendments completed in January 2024, all of the sites in the Housing Sites Inventory are located in zoning districts that allow unlimited density. As a result, the Floor Area Ratio (FAR) is an important measure of the capacity of the sites in the Inventory.

All of the sites in the Housing Sites Inventory have an allowed FAR of 2.0. The Metropolitan Transportation Commission (MTC) has issued guidance for its Transit-Oriented Communities Policy that provides equivalencies for cities that do not use maximum density to determine the intensity of development. These equivalencies are “default” standards based on sample projects. MTC guidance equates 1.5 to 1.99 FAR as 75 dwelling units per acre. Between 2.0 and

2.99 FAR is equivalent to 100 dwelling units per acre. Therefore, it is reasonable to conclude that Belmont’s FAR of 2.0 will be sufficient to reach the 75 unit per acre density assumed in the Sites Inventory based on MTC’s analysis of sample projects in the Bay Area.

Specific to Belmont, the City requires an inclusionary housing requirement on all projects of 25 units or greater. The developer is required to construct those units; there is not an option to pay an in-lieu fee. Once a developer complies with the City’s inclusionary housing requirements, they are automatically eligible to apply the State Density Bonus law. Since the City uses FAR as the primary measure of development intensity, the FAR limit is automatically increased for Density Bonus projects. No discretionary action is required for this bonus. State Density Bonus law is applied to the FAR limit as described below.
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Ownership housing projects in Belmont:
 Requirement of 15% moderate income units.
 Under State law, 15% moderate income units entitles the applicant to a 10% bonus.  2.0 FAR x 10% bonus = 0.2 bonus.
 2.0 FAR + 0.2 bonus = 2.2 effective FAR.

Rental housing projects in Belmont:
 Requirement of 15% low-income units.
 Under State law, 15% low-income units entitles the applicant to a 27.5% bonus.  2.0 FAR x 27.5% bonus = 0.55 bonus.
 2.0 FAR + 0.55 bonus = 2.55 effective FAR.

While the City’s Zoning Ordinance includes a base FAR of 2.0, the effective FAR for housing projects of 25 units or greater is actually 2.2 for ownership projects and 2.55 for rental projects.

As shown in Table 6-9 below, the City has a proven track record of approving projects over 75 units per acre in this FAR range, which demonstrates that FAR is not a constraint on development at the density assumed for Housing Inventory sites.

The sites in the Housing Inventory have Zoning Ordinance height limits of 45 to 50 feet. The development standards allow encroachments into the height limit for non-habitable spaces such as equipment and stairs. Similar to the FAR analysis above, the height of housing projects can be increased through State Density Bonus law; however, this is not always required to reach densities above 75 units per acre. As shown in Table 6-9, the height of recent pipeline and pending projects has ranged from 53-65 feet and four to six stories. The projects at 803 Belmont and 815 Old County Road utilized Density Bonus to achieve the height. 1325 Old County Road complies with the height limit of the zoning district. Firehouse Square 1 was a partnership with a non-profit developer on City-owned land which utilized Density Bonus and Community Benefits to achieve development standards that met the goals of the project. This project history demonstrates that height is not a constraint on development at the assumed density of 75 units per acre for Housing Inventory sites.

TABLE 6-9: FLOOR AREA RATIO (FAR) AND HEIGHT FOR PIPELINE AND PENDING PROJECTS Project Address
Density
(Units/Acre) FAR
Height/Number
of Stories
Number of
Lower-Income
Units
Total
Number of Units
803 Belmont 86 1.92 65’/6 124 125
815 Old County Road 102 2.03 60’/5 27 177
1325 Old County Road 120 2.46 53’/4 35 250
Firehouse Square I 91 2.37 64’/4 65 66
Source: City of Belmont, 2024.

The City of Belmont also has a Community Benefits program that allows applicants to apply for relaxed development standards in exchange for benefits for the larger community. This tool has been used to further facilitate affordable housing projects in the city. It is not analyzed in depth 248

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here because it is a discretionary process and an additional tool separate from the City’s zoning and State Density Bonus. It is an additional way the City can support affordable housing projects but it is not necessary to meet the City’s RHNA.

For all opportunity sites, the distribution of units by income category was determined using the common methodology of matching the RHNA affordability distribution of 27% Very LowIncome, 16% Low-Income, 16% Moderate-Income, and 41% Above Moderate-Income. The distribution was also applied to the sites under ½-acre in size as the city’s development history demonstrates that affordable housing is feasible on smaller sites. Only four properties in the Sites Inventory are under ½-acre. Three of those sites are a similar size to 678 Ralston, where an affordable housing project is proposed, and the fourth site is owned by the City. Based on these specific characteristics, the City concludes that affordable housing is feasible on those four sites.

RESIDENTIAL DEVELOPMENT IN MIXED USE ZONING DISTRICTS
Multi-family residential housing developments are the foundation of the vision for the Belmont Village districts and CMU district along El Camino Real. All of the Housing Inventory Sites are located in these zoning districts. The City has a strong record of completed and approved multifamily developments in mixed-use zoning districts. In the Belmont Village and CMU districts, retail and restaurant uses are allowed but are expected to be located on the ground floor of multi-story buildings and are therefore not an impediment to housing production. Office uses are allowed in these districts but it is unlikely that major office uses would locate in the mixeduse districts because there are other locations in the City that are better suited for major office development.

Since 2017, there have been no proposals for office development in these areas, even before the slowdown in office demand resulting from the COVID-19 pandemic. Smaller, locally serving office may develop over time but the City has not received any proposals for those types of uses since 2017. Therefore, the City does not anticipate receiving applications for 100% commercial projects in the mixed-use zones. Program H4.7 commits the City to monitor commercial development in mixed-use zones and make necessary changes if trends change during the planning period. For a detailed discussion, please see Chapter 4, Constraints, under Section 4.2, Governmental Regulations and Constraints, Multi-Family Housing subheading.

SITES USED IN PREVIOUS PLANNING PERIODS HOUSING ELEMENTS As shown in Appendix B, the Sites Inventory includes a number of sites that were included in the sites inventory of Housing Elements from prior periods. However, these sites have been subsequently rezoned to allow for higher residential development capacity as part of the 2017 General Plan Update and adoption of the Belmont Village Specific Plan. This rezoning was not required for any of the sites to accommodate the RHNA capacity assigned to them in the 2015- 2023 Housing Element. As a result, per HCD guidance, these sites can be considered as new sites for the purpose of the housing element inventory. The sole exception was the 580 Masonic 249

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site which was zoned as commercial and had to be rezoned to allow for residential uses. That site is currently a pending project and is described earlier in this chapter.

AFFORDABILITY MIX
For all opportunity sites, the distribution of units by income category was determined using the common methodology of matching the RHNA affordability distribution of 27% Very LowIncome, 16% Low-Income, 16% Moderate-Income, and 41% Above Moderate-Income. The distribution was also applied to the sites under ½-acre in size as the city’s development history demonstrates that affordable housing is feasible on smaller sites. Only four properties in the Sites Inventory are under ½-acre. Three of those sites are a similar size to 678 Ralston, where a 100% affordable housing project is proposed, and the fourth site is owned by the City. Based on these specific characteristics, the City concludes that affordable housing is feasible on those four sites. The City anticipates that when developed, the projects will either be 100% affordable or will comply with the City’s Inclusionary Housing policy.

SITE CONSOLIDATIONS
The Housing Sites Inventory includes 30 sites that are less than a ½-acre in size. Of these sites, 26 have the potential to be consolidated into a larger, more usable development site with adjacent parcels. Consolidation is most likely to occur if the parcels are under the same ownership. In addition, it is easier to consolidate parcels if there are a limited number of owners to negotiate with and a small number of overall parcels involved. With these considerations in place, the Housing Sites inventory consolidated development sites have no more than two owners and three parcels (with the exception of Sites B and R which each have a single owner and five parcels). Three City-owned vacant parcels are also part of the small sites included on the Inventory.

As described earlier in this chapter in the Recent Development Trends analysis, the City of Belmont has a strong track record of small lot consolidation to create larger development parcels. To further encourage future lot consolidation, a new program providing incentives for lot consolidation is included in the Housing Element (see Program H4.3, Lot Consolidation Fee Waivers).

The proposed lot consolidation opportunity sites in the Housing Sites Inventory, each of which is detailed in Section 6.4, have varying sizes and existing conditions and have been evaluated to meet enough criteria needed to reasonably expect development potential during the planning period.

NON-VACANT SITES
California State law requires that for non-vacant sites, the City must demonstrate the potential and likelihood of additional development within the planning period, based on the extent to which existing uses may constitute an impediment to additional residential development, past experience with converting existing uses to higher-density residential development, current 250

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market demand for the existing use, any existing leases or other contracts that would perpetuate the existing use or prevent redevelopment of the site for additional residential development, development trends, market conditions, and regulatory or other incentives or standards to encourage additional residential development on these sites. Furthermore, if nonvacant sites accommodate 50% or more of the lower-income RHNA, the City must demonstrate that the existing use is not an impediment to additional development and will likely discontinue in the planning period, including adopted findings based on substantial evidence.

New multi-family development within Belmont will be predominantly located within Downtown transit corridors, where there are very few sites that can be considered vacant.

Given the lack of vacant land, the City has developed a substantial track record of non-vacant sites redeveloping from non-housing to housing uses, including sites with active commercial uses. As described under the Recent Development Trend subsection of this chapter and shown in Table 6-6, 993 out of 1,023 total pipeline units are being developed on non-vacant sites. Of these units, 381 units are affordable, either because of inclusionary obligations or because they are 100% affordable projects.

AVAILABLE INFRASTRUCTURE AND UTILITIES
It is anticipated that the city has adequate capacity to meet demand and adequate capacity to expand to meet projected development as part of the Housing Element. Current facilities and/or infrastructure are reported to be in good operating condition. Larger housing development projects may require the installation of utility infrastructure to accommodate individual project impacts, including water main lines, upsized sewer lines, and/or additional lateral connections within the city. Infrastructure installations necessary to serve future development would generally be installed within the already disturbed rights-of-way of existing roads or within the disturbance footprints of development projects. Implementation of proposed capital improvement projects for the Silicon Valley Clean Water treatment plant would ensure adequate capacity to serve projected demand. A more in-depth discussion of infrastructure and utility availability is included in Chapter 4, Constraints.

A copy of the updated Housing Element and growth projections is provided to utility providers to ensure long term service planning and capital improvements will provide sufficient capacity to accommodate the City’s regional housing need for the planning period.

ENVIRONMENTAL SITE CONSTRAINTS
One of the most prominent site characteristics in Belmont that can impede housing development is the presence of steep slopes and unstable terrain, which result from the city’s proximity to the San Andreas fault. These steep hillside areas would not be appropriate for medium or high-density residential; therefore, the Sites Inventory focuses on areas away from the hillsides and near major transit corridors.
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Two City-owned properties in the Sites Inventory, Firehouse Square 1 and Hill Street at El Camino Real, contain(ed) underground storage tanks (USTs) subject to environmental remediation and removal. The UST at Firehouse Square 1 was removed and the site has been fully remediated, and construction of 66 affordable housing units is complete.

At Hill Street at El Camino, the City has approved contributing the land at no cost to the affordable housing developer (valued at $4M) and is contributing an additional loan of up to $1M, and in return is requiring 37 lower-income housing units. This project has applied for TCAC funding and is expected to be built during this planning period. The UST located on this site will be removed in concert with the initial site grading and has been included in the project development budget. Exposure to soil vapor will be controlled and follow-up testing will be completed in accordance with the direction and oversight of the San Mateo County Environmental Health Department (SMCEHD). Prior to beginning construction, the City of Belmont Community Development Department must receive assurance from SMCEHD that the site has been fully remediated and is safe for housing.

The City has prepared an Environmental Impact Report (EIR), pursuant to the California Environmental Quality Act (CEQA) Guidelines, which comprehensively analyzed the environmental impacts of housing development identified in the Housing Element. The EIR identified significant unavoidable impacts related to construction related noise and identifies the following mitigation measures to ensure safe housing development.  Air Quality Measures During Construction – All development facilitated by the project shall be required to reduce construction emissions of reactive organic gases, nitrogen oxides, and particulate matter (PM10 and PM2.5) by implementing the Bay Area Air Quality Management District’s (BAAQMD’s) Basic Construction Mitigation Measures or equivalent, expanded, or modified measures based on project and site-specific conditions.  Air Quality Building Design Measures – Prior to issuance of building permits for residential developments within 1,000 feet of State Route 82 (i.e., El Camino Real), a roadway health risk assessment (HRA) shall be prepared by a qualified air quality analyst. The roadway HRAs shall demonstrate that roadway impacts are below the BAAQMD’s single-source risk and hazard thresholds. If risks and hazards exceed the applicable BAAQMD thresholds, then feasible project design features such as high-efficiency filtration shall be incorporated into the project.
 Noise During Construction – For projects involving pile drivers, vibratory rollers, or similar high-vibration equipment, the applicant shall prepare a Vibration Control Plan prior to the commencement of construction activities. The Vibration Control Plan shall be prepared by a licensed structural engineer and shall include methods to minimize vibration. 252

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6.4 SITES INVENTORY
Figure 6-1 shows all adequate housing opportunity sites within the city of Belmont and Table 6-10 summarizes these sites according to how the City will utilize them to meet its RHNA.

Based on pipeline and pending projects, projected ADU production, and the realistic capacity of the adequate sites inventory identified here within, the City has capacity to develop 2,289 new housing units, including a “buffer” to comply with the “No Net Loss” provisions (see Table 6-10 for the Sites Summary). This projection of sites inventory units does not require any land use or zoning changes but does assume that projects will continue to utilize State Density Bonus provisions to achieve full development potential (as described in the Realistic Capacity section above).

Per HCD guidance, the City’s Sites Inventory is described herein on a site-by-site basis and organized according to vacant and non-vacant land resources. It should be noted that a majority of the City’s adequate sites are non-vacant land resources as identified within this subsection.

As discussed in Chapter 3, Affirmatively Furthering Fair Housing Summary, the City of Belmont is a high-resource community that does not include any moderate or low resources areas. The highest opportunity areas are west of El Camino/Old County Road, while the remainder of Belmont are in high opportunity areas. All sites, including those suitable for affordable to lowerincome households, are located in the high or highest opportunity areas. Although Belmont does not have a pattern of segregation within the city, from a broader regional perspective, providing increased lower-income housing opportunities in a high resource community such as Belmont will help overcome countywide and regional patterns of segregation, disparate impacts for impacted racial and ethnic groups, and foster more inclusive communities free from barriers that restrict access to opportunity.
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Figure 6-1: Sites Inventory Map
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TABLE 6-10: SITE INVENTORY SUMMARY
Site
ID Site Address APN
General
Plan/Zoning Acres
Assumed
Density
(Acres) Existing Use VLI LI MOD AM Total
A 210-230-240 El Camino Real
044-152-100
044-152-110
044-152-120
CMU 0.69 75 Commercial 14 8 8 22 52
B 832 Belmont Ave, Anita Ave
044-173-010
044-173-120
044-173-190
044-173-210
044-173-220
CMU 0.73 35 Vacant 7 4 4 10 25
C 510 El Camino Real 044-201-180 CMU 0.81 75 Commercial Restaurant 16 10 10 25 61 D 516 El Camino Real 044-201-040 CMU 0.85 75 Commercial Store 17 10 10 26 63 E 530 El Camino Real 044-201-080
044-201-070 CMU 1.28 75 Commercial Store and Parking 26 15 15 40 96 F 500-564 El Camino Real 044-201-280
044-201-270 CMU 0.76 75 Commercial Hotel and Auto Repair 16 9 9 23 57 G 690 El Camino Real 044-222-210 CMU 0.44 30 Commercial 4 2 2 5 13 H 780 El Camino Real 044-222-180 CMU 0.12 30 Vacant 1 0 0 2 3 I 640 Masonic Way 040-312-180 VCS 0.97 75 Public Facilities – Post Office 20 11 12 30 73 J Masonic Way
600 Ralston Avenue
040-313-310
040-313-270
VCS
VCMU 0.58 75 Parking and Commercial Restaurant 12 7 7 17 43 K 698 Ralston Avenue
951 Old County Road
040-313-140
040-313-430 VCMU 0.73 75 Commercial Restaurant and Retail 15 9 9 22 55 L 575 Ralston Avenue 040-334-300 VCMU 0.36 30 Commercial Restaurant 3 2 2 4 11 M 601 Ralston Avenue 040-332-220 VCMU 0.35 30 Commercial Retail 3 1 2 4 10
N 1075 Old County Rd 040-332-270 VCMU 0.96 75 Commercial Offices 20 11 11 30 72
O 1141-1161 Old County Rd 040-332-110
040-332-260 VCMU 0.82 75 Industrial Offices and Shops 16 10 9 26 61 P
1000 El Camino Real
Ralston Avenue at El Camino,
Emmett's Plaza
045-182-250
045-182-260 VC 1.01 75 Commercial Retail and Restaurants, Plaza 21 12 12 31 76 Q 883 Ralston Avenue 045-182-270 VC 0.61 75 Commercial Restaurants and Offices 13 7 7 19 46 255

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Site
ID Site Address APN
General
Plan/Zoning Acres
Assumed
Density
(Acres) Existing Use VLI LI MOD AM Total
R
915 Ralston Avenue
925 Ralston Avenue
940 Emmett Street
940 Emmett Street
945 Ralston Avenue
045-182-040
045-182-030
045-182-200
045-182-210
045-182-020
VC 0.89 75
Commercial Retail, Offices, Restaurants and
Services
Parking
18 10 11 28 67
S 1085 Sixth Avenue
995 Ralston Avenue
045-182-220
045-182-010 VC 0.53 75 City parking lot and Commercial 11 6 6 17 40 T 1520 El Camino Real
1538 El Camino Real
045-253-300
045-253-290
VCMU
CMU 0.66 75 Commercial Retail and Services 14 8 8 20 50 U 1501 El Camino Real 045-252-080 CMU 1.02 75 Commercial Retail and Services 21 12 12 31 76 V 1601 El Camino Real 045-252-100 CMU 1.68 75 Commercial Retail, Offices, and Restaurant 34 20 20 52 126 Total Units 322 184 186 484 1,176
Source: City of Belmont, 2024.
256

6. ADEQUATE SITES
B ELMONT H OUSING E LEMENT 2023 - 2031 6-23

VACANT SITES
There are two housing sites identified as vacant in the Sites Inventory. Please note several “vacant” parcels throughout the city that were identified as suitable for residential development are not included within this subsection and are instead included within the “NonVacant (Underutilized) Land” subsection due to their proposed consolidated development along with non-vacant parcels.
257

6. ADEQUATE SITES
6-24
832 BELMONT AVENUE, ANITA AVENUE (SITE B)
APN Address Acres Existing Use
Improv/
Land
Ratio
Total
Capacity
Building
Age
Building
Stories
044-173-120 832 Belmont Avenue 0.149 Vacant 0 5 N/A N/A 044-173-190 832 Belmont Avenue 0.180 Vacant 0 6 N/A N/A 044-173-210 832 Belmont Avenue 0.094 Vacant 0 3 N/A N/A 044-173-220 832 Belmont Avenue 0.096 Vacant 0 4 N/A N/A 044-173-010 Anita Avenue 0.208 Vacant 0 7 N/A N/A
TOTAL 0.73 0 26
Site B is comprised of five vacant lots totaling 0.7 acres after consolidation and are currently zoned Corridor Mixed Use (CMU). Given the steep slope of the site, a density of 35 du/acre was used to calculate a realistic capacity of 26 units. All of the parcels are under the same ownership and the owner had previously submitted a development application considering building between 25 to 37 units on the property. Given the prior development interest and the consolidated ownership of the parcels, this site is likely to develop within the planning period. 258

6. ADEQUATE SITES
B ELMONT H OUSING E LEMENT 2023 - 2031 6-25
780 EL CAMINO REAL (SITE H)
APN Address Acres Existing Use
Improv/
Land
Ratio
Total
Capacity
Building
Age
Building
Stories
044-222-180 780 El Camino Real 0.12 Vacant lot 0 3 N/A N/A TOTAL 0.12 0 3
This 0.12-acre housing site is currently zoned Corridor Mixed Use (CMU). A density of 30 du/acre was used to calculate a realistic capacity of 3 units. The site is a vacant City Housing Successor owned property and is located on the El Camino Real transit corridor. Habitat for Humanity has expressed interest in the past to construct 4 to 7 units on the site. This site is similar in size to the pending project at 1477 El Camino Real, a 0.15-acre site that has 5 units proposed. The City intends to issue a request for proposals, pursuant to the Surplus Property Act, to solicit a residential development proposal for this site during the planning period. 259

6. ADEQUATE SITES
6-26

NON-VACANT (UNDERUTILIZED) SITES
New multi-family development within Belmont will be predominantly located within Downtown transit corridors, on non-vacant sites, with the exception of vacant parcels that are included as part of site consolidations. As a result, more than 50% of the Sites Inventory, 20 out of 22 sites, are on non-vacant parcels. This subsection includes an analysis of each site demonstrating that these sites have characteristics that are similar to the recent development trends for pipeline and pending housing projects and are therefore likely to develop during the next planning period.
260

6. ADEQUATE SITES
B ELMONT H OUSING E LEMENT 2023 - 2031 6-27
210-230-240 EL CAMINO REAL (SITE A)
APN Address Acres Existing Use
Improv/
Land
Ratio
Total
Capacity
Building
Age
Building
Stories
044-152-100 210 El Camino Real 0.50 Service Retail 0.25 37 1954 1 044-152-110 230 El Camino Real 0.09 Office and residence 0.30 7 1954 2 044-152-120 240 El Camino Real 0.10 Service Retail 0.51 8 1956 1 TOTAL 0.69 0.25-0.51 52
This housing site is comprised of three lots totaling 0.69 acres after consolidation and is currently zoned Corridor Mixed Use (CMU). 210 and 230 El Camino Real parcels are under the same ownership. Given the age of the buildings, single-story buildings, and low ILR, the existing uses at this site are not considered an impediment to consolidation and development. There has been no development interest to date on this site. A density of 75 du/acre was used to calculate a realistic capacity of 52 units.
261

6. ADEQUATE SITES
6-28
510 EL CAMINO REAL (SITE C)
APN Address Acres Existing Use
Improv/
Land
Ratio
Total
Capacity
Building
Age
Building
Stories
044-201-180 510 El Camino Real 0.81 Restaurant 0.17 61 1963 1 TOTAL 0.81 0.17 61
This 0.81-acre housing site is currently zoned Corridor Mixed Use (CMU). The site is currently used as a single-story restaurant with an expansive surface parking lot. This is an underutilized site with a low ILR and the existing building is over 60 years old, therefore the existing use should not be considered an impediment to redevelopment. There has been prior development interest in this site although no planning applications were submitted. A density of 75 du/acre was used to calculate a realistic capacity of 61 units. 262

6. ADEQUATE SITES
B ELMONT H OUSING E LEMENT 2023 - 2031 6-29
516 EL CAMINO REAL (SITE D)
APN Address Acres Existing Use
Improv/
Land
Ratio
Total
Capacity
Building
Age
Building
Stories
044-201-040 516 El Camino Real 0.85 Large Format
Retail 0.26 63 1960 1
TOTAL 0.85 0.26 63
This 0.85-acre housing site is currently zoned Corridor Mixed Use (CMU). The site currently houses a single-story retail establishment with an expansive surface parking lot. This is an underutilized site with a low ILR and the existing building is over 60 years old, therefore the existing use should not be considered an impediment to redevelopment. There has been prior development interest in this site although no planning applications were submitted. A density of 75 du/acre was used to calculate a realistic capacity of 63 units. 263

6. ADEQUATE SITES
6-30
530 EL CAMINO REAL (SITE E)
APN Address Acres Existing Use
Improv/
Land
Ratio
Total
Capacity
Building
Age
Building
Stories
044-201-080 530 El Camino Real 0.87 Truck rental 0.38 65 1955 2 044-201-070 530 El Camino Real 0.41 Truck rental
parking lot 0 31 1956 N/A
TOTAL 1.27 0-0.38 96
Site E includes two lots totaling 1.27 acres after consolidation and is currently zoned Corridor Mixed Use (CMU). Both parcels are under the same ownership and are being used as a truck rental facility. This is an underutilized site with a low ILR and the existing building is over 65 years old, therefore the existing use should not be considered an impediment to redevelopment. There has been prior development interest in this site although no planning applications were submitted. A density of 75 du/acre was used to calculate a realistic capacity of 96 units. This site is similar in size and age to the 1.26-acre pipeline project located at 580 Masonic Way, which would replace a strip plaza built in 1956 with 139 units. 264

6. ADEQUATE SITES
B ELMONT H OUSING E LEMENT 2023 - 2031 6-31
500-564EL CAMINO REAL(SITE F)
APN Address Acres Existing Use
Improv/
Land
Ratio
Total
Capacity
Building
Age
Building
Stories
044-222-210 500 El Camino Real 0.45 Motel 0.28 34 1953 2 044-201-270 564 El Camino Real 0.31 Auto repair and service retail 0.41 23 1959 1
TOTAL 0.76 0.28-0.41 57
This housing site includes two lots totaling 0.76 acres after consolidation and is currently zoned Corridor Mixed Use (CMU). The existing uses include a motel and a commercial building. Both parcels are under the same ownership. There has been no development interest to date on this site. Given the age of the buildings (over 65 years old), common ownership, and low ILR, the existing uses at this site are not considered an impediment to redevelopment. A density of 75 du/acre was used to calculate a realistic capacity of 57 units This site is similar in size to the 0.71- acre pipeline project located at 608 Harbor Blvd, which consolidated 4 parcels developed with a gas station, former railroad track, and self-service car wash and proposes 103 units. 265

6. ADEQUATE SITES
6-32
690 EL CAMINO REAL (SITE G)
APN Address Acres Existing Use
Improv/
Land
Ratio
Total
Capacity
Building
Age
Building
Stories
044-222-210 690 El Camino Real 0.44 Service retail 0.45 13 1965 1 TOTAL 0.44 0.45 13
This housing site is 0.44 acres and is currently zoned Corridor Mixed Use (CMU). The building is one-story service retail use, is close to 60 years old, and has a low ILR, therefore the existing use should not be considered an impediment to redevelopment. There has been prior development interest in this site although no planning applications were submitted. A density of 30 du/acre was used given that the site is under ½ an acre to calculate a realistic capacity of 13 units. This site is similar in building age and parcel size to the pipeline project at 678 Ralston Ave, a 0.36- acre site with a building constructed in 1961 with 65 units of affordable housing proposed. 266

6. ADEQUATE SITES
B ELMONT H OUSING E LEMENT 2023 - 2031 6-33
640 MASONIC WAY (SITE I)
APN Address Acres Existing Use
Improv/
Land
Ratio
Total
Capacity
Building
Age
Building
Stories
044-222-
180 640 Masonic Way 0.97 USPS Post office 0.31 73 1964 1 TOTAL 0.97 0.31 73
This 0.97-acre housing site is currently zoned Village Station Core (VSC). The site is currently in use as a Post Office but has a short-term lease and the ownership entity has reached out to the City to explore future options for redevelopment. The building is one-story, has an expansive surface parking lot, is 60 years old, and has a low IPR, therefore the existing use should not be considered an impediment to redevelopment. A density of 75 du/acre was used to calculate a realistic capacity of 73 units.
267

6. ADEQUATE SITES
6-34
MASONIC WAY AND 600 RALSTON AVENUE (SITE J)
APN Address Acres Existing Use
Improv/
Land
Ratio
Total
Capacity
Building
Age
Building
Stories
040-313-310 Masonic Way 0.33 restaurant parking lot 0 25 N/A N/A 040-313-270 600 Ralston Avenue 0.24 restaurant 0.52 18 1988 2 TOTAL 0.57 0-0.52 43
This housing site includes two lots totaling 0.57 acres after consolidation. Although these parcels are not immediately adjacent, the existing uses are currently connected since the parking lot is used solely by the restaurant building and both properties are under the same ownership. Masonic Way is currently zoned Village Station Core (VSC) and 600 Ralston Avenue is currently Village Core Mixed Use (VCMU). Given that both parcels are under the same ownership, are currently used in tandem, and have a low ILR, these properties will most likely be consolidated and the existing use does not present an impediment to redevelopment. There has been prior development interest in this site although no planning applications were submitted. A density of 75 du/acre was used to calculate a realistic capacity of 43 units. 268

6. ADEQUATE SITES
B ELMONT H OUSING E LEMENT 2023 - 2031 6-35
698 RALSTON AVENUE AND 951 OLD COUNTY ROAD (SITE K)
APN Address Acres Existing Use
Improv/
Land
Ratio
Total
Capacity
Building
Age
Building
Stories
040-313-140 698 Ralston Avenue 0.39 Fast food
restaurant

0.15 30 1983 1
040-313-430 951 Old County Road 0.34
Multi-unit
commercial
retail/services

0.41 25 1987 1
TOTAL 0.73 0.15-0.41 55
This housing site is comprised of two lots totaling 0.73 acres after consolidation. It is currently zoned Village Corridor Mixed Use (VCMU) and is adjacent to the Belmont Caltrain Station.

These parcels are under separate ownership. Given the low ILR and single-story buildings, the existing uses at this site are not considered an impediment to redevelopment. There has been prior development interest in this site although no planning applications were submitted. A density of 75 du/acre was used to calculate a realistic capacity of 55 units. 269

6. ADEQUATE SITES
6-36
575 RALSTON AVENUE (SITE L)
APN Address Acres Existing Use
Improv/
Land
Ratio
Total
Capacity
Building
Age
Building
Stories
040-332-220 575 Ralston Avenue 0.36 Restaurant 0.16 11 1969 1 TOTAL 0.36 0.16 11
This housing site is currently zoned Village Core Mixed Use (VCMU). The site is currently occupied by a single-story restaurant with surface parking. Given the age of the building, low ILR, and single-story building, the existing use at this site is not considered an impediment to redevelopment. There has been prior development interest in this site although no planning applications were submitted. Since this site is less than ½ an acre, a density of 30 du/acre was used to calculate a realistic capacity of 11 units. This site is similar in parcel size to the pending project at 678 Ralston, which is 0.36 acres and proposes 65 units. 270

6. ADEQUATE SITES
B ELMONT H OUSING E LEMENT 2023 - 2031 6-37
601 RALSTON AVENUE (SITE M)
APN Address Acres Existing Use
Improv/
Land
Ratio
Total
Capacity
Building
Age
Building
Stories
040-334-300 601 Ralston Avenue 0.35 Retail 0.26 10 1965 1 TOTAL 0.35 0.26 10
This housing site is 0.35 acres. It is currently zoned Village Core Mixed Use (VCMU). This is an underutilized retail property with extensive surface parking. The building is close to 60 years old, has a low ILR, and is single-story, therefore the existing use should not be considered an impediment to redevelopment. There has been no development interest to date on this site.

Since this site is less than ½ an acre, a density of 30 du/acre was used to calculate a realistic capacity of 10 units. This site is similar in parcel size to the pending project at 678 Ralston, which is 0.36 acres and proposes 65 units.
271

6. ADEQUATE SITES
6-38
1075 Old County Road (Site N)
APN Address Acres Existing Use
Improv/
Land
Ratio
Total
Capacity
Building
Age
Building
Stories
040-332-270 1075 Old County Road 0.96 Class C Office building 0.54 72 1983 1 TOTAL 0.96 0.54 72
This housing site is 0.96 acres and is currently zoned Village Corridor Mixed Use (VCMU). The Class C office building currently has vacant space for lease. The site is proximate to the Belmont Caltrain Station. Given the low ILR, single-story building, and current vacancies, the existing use at this site is not considered an impediment to redevelopment. There has been no development interest to date on this site. A density of 75 du/acre was used to calculate a realistic capacity of 72 units.
272

6. ADEQUATE SITES
B ELMONT H OUSING E LEMENT 2023 - 2031 6-39
1141 OLD COUNTY ROAD AND 1161 OLD COUNTY ROAD (SITE O)
APN Address Acres Existing Use
Improv/
Land
Ratio
Total
Capacity
Building
Age
Building
Stories
040-332-260 1141 Old County Road 0.54 Warehouse 0.54 40 1983 1 040-332-110 1161 Old County Road 0.28 Warehouse 0.75 21 1960 1 TOTAL 0.82 0.54-0.75 61
Site O includes two parcels totaling 0.82 acres after consolidation and is currently zoned Village Corridor Mixed Use (VCMU). The properties are currently being used for light industrial warehouse purposes and are under separate ownership. The site is proximate to the Belmont Caltrain Station. Given the age of the buildings, low ILR, and single-story buildings, the existing uses at this site are not considered an impediment to consolidation and redevelopment. There has been no development interest to date on this site. A density of 75 du/acre was used to calculate a realistic capacity of 61 units.
273

6. ADEQUATE SITES
6-40
1000 EL CAMINO REAL AND RALSTON AVENUE AT EL CAMINO REAL, EMMETT’S PLAZA (SITE P)
APN Address Acres Existing Use
Improv/
Land
Ratio
Total
Capacity
Building
Age
Building
Stories
045-182-250 1000 El Camino Real 0.94 Commercial retail and service uses strip mall 0.37 70 2000 1
045-182-260
Ralston Avenue at
El Camino Real,
Emmett’s Plaza

0.07 public open space 0 6 N/A N/A
TOTAL 1.01 0-0.37 76
Site P includes two lots totaling 1.01 acres after consolidation and is currently zoned Village Corridor (VC) in the Belmont Village Specific Plan area. The larger parcel is currently used as a retail strip center with surface parking. The smaller lot at Ralston Avenue at El Camino Real is a City-owned site that is used as an open space plaza, which is intended as an interim use to allow for future redevelopment of the site when consolidated with the adjacent parcels. The site is proximate to the Belmont Caltrain Station. Given the low ILR and single-story buildings, the existing uses at this site are not considered an impediment to redevelopment. There has been no development interest to date on this site. A density of 75 du/acre was used to calculate a realistic capacity of 76 units.
274

6. ADEQUATE SITES
B ELMONT H OUSING E LEMENT 2023 - 2031 6-41
883 RALSTON AVENUE (SITE Q)
APN Address Acres Existing Use
Improv/
Land
Ratio
Total
Capacity
Building
Age
Building
Stories
045-182-270 883 Ralston Avenue 0.61 Multi-unit
restaurant/service retail 0.20 46 1958 1
TOTAL 0.61 0.20 46
This housing site is 0.61 acres and is currently zoned Village Corridor (VC). This is an underutilized site and given the age of the building, low ILR, and single-story building the existing uses at this site are not considered an impediment to redevelopment. There has been no development interest to date on this site. A density of 75 du/acre was used to calculate a realistic capacity of 46 units.
275

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