Agenda packet — Belmont City Council, September 24, 2024 (part 1 of 4)

CITY OF BELMONT

CITY COUNCIL
www.belmont.gov

CITY COUNCIL REGULAR MEETING AGENDA
Tuesday, September 24, 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. Public may attend the meeting in the Council Chambers, Belmont City Hall 2nd 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

2. ROLL CALL

3. CLOSED SESSION [NONE]

4. STUDY SESSION [NONE]

5. PLEDGE OF ALLEGIANCE

6. REPORT FROM CLOSED SESSION [NONE]

7. SPECIAL PRESENTATIONS
A. Recognition of Indigenous Peoples’ Day October 14, 2024 B. Recognizing October 6-12, 2024 as Fire Prevention Week

8. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA

9. COUNCILMEMBER ANNOUNCEMENTS

10. CONSENT BUSINESS
A. Response to Grand Jury Report on Restaurant Exteriors B. Silicon Valley Clean Water (SVCW) Water Infrastructure Finance and Innovation Act (WIFIA) Loan Amendments
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.

REGULAR BUSINESS [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 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: Approve the City of Belmont’s response letter to the San Mateo County Civil Grand Jury Report dated July 9, 2024, entitled, “Restaurant Exteriors: The Neglected Space”
Attachment(s):

Staff Report
Attachment A - Grand Jury Report (Restaurant Exteriors) July 2024 Attachment B - Grand Jury Report Response (Restaurant Exteriors) Recommendation: Adopt a resolution authorizing the City Manager to execute amendments to the Water Infrastructure Finance and Innovation Act (WIFIA) Loans, and all associated 2 C. Conflict of Interest Code Biannual Update

11. PUBLIC HEARINGS
A. 1041 Hill Street - New Memory Care Facility

12. GENERAL BUSINESS
A. Designation of Voting Delegate and Alternate for League of California Cities Annual Conference October 16-18, 2024
documents
Attachment(s):

Staff Report
Resolution
Recommendation: Approve a Resolution revising the City’s Conflict of Interest Code and Updating the Appendix of Designated Employees
Attachment(s):

Staff Report
Resolution
Redline - Designated Employees - Conflict of Interest Code 2024 Recommendation:

1. Conduct Public Hearing and consider Planning Commission recommendations.

2. Introduce an Ordinance for a Planned Development Zone Amendment and associated Conceptual Development Plan (CDP).

3. Consider a Resolution approving a Conditional Use Permit and associated Detailed Development Plan, Grading Plan, Design Review, and Tree Removal Permit.

4. Consider a Resolution finding the project is exempt from environmental review per Guidelines 15332, (In-Fill Development Projects) of the California Environmental Quality Act (CEQA).

Attachment(s):

Staff Report
A. Ordinance Zone Amendment
B. Memory Care - Resolution
C. CEQA Exemption - Resolution
D. Conditions of Approval
E. CEQA Categorical Exemption - Exhibit B
F. Planning Commission Staff Report and Resolution (No.2024-0019) - August 20, 2024 G. Geotechnical Investigation Peer Review and Seismic Hazards Map Act (SHMA) Response Letters
H. Geotechnical Investigation and Peer Review
I. Technical Reports and Will Serve Letters
J. Project Plans
K. Neighborhood Outreach & Public Comment
L. 300- 500 Foot Radius Map
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: Staff recommends that the City Council, by motion, name a voting delegate and alternate for the upcoming League of California Cities (Cal Cities) Annual 3 B. Revised Master Employee Pay Schedule

13. BRIEF VERBAL REPORTS FROM MEMBERS AND STAFF

14. MATTERS OF INTEREST/CLARIFICATION

15. ADJOURNMENT
Conference, and provide direction to the voting delegate regarding the resolution to be considered at the Conference Business Meeting
Attachment(s):

Staff Report
CalCities 2024-Resolutions-Packet
Recommendation: Adopt a resolution approving revisions to the City's Master Employee Pay Schedule to ensure compliance with California Public Employees Retirement System (CalPERS) regulations
Attachment(s):

Staff Report
Resolution
A. Verbal report from Councilmembers on Intergovernmental (IGR) and Subcommittee Assignments
B. Verbal report from City Manager
Items in this category are for discussion and direction to staf only. However, Council/Board may take final action on an item if there is no need for additional staf analysis.

If you need assistance to participate in this meeting, please contact the City Clerk at (650) 595-7413. Notification in advance of the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

Meeting information can also be accessed via the internet at:www.belmont.gov. All staf reports will be posted to the web in advance of the meeting, and any writings or documents provided to a majority of the City Council/District Board or Commission regarding any item on this agenda will be made available for public inspection in the City Clerk's Of ice, One Twin Pines Lane, during normal business hours and at the Council Chambers at City Hall, Second Floor, during the meeting.

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/
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Response to Grand Jury Report on Restaurant Exteriors - Staff Report Meeting Date: September 24, 2024
Agency: City of Belmont
Staff Contact: Tracy Scramaglia, Assistant PW Director, (650) 595-7469, [email protected]
Agenda Title: Response to Grand Jury Report on Restaurant Exteriors Agenda Action: Motion
Recommendation
Approve the City of Belmont’s response letter to the San Mateo County Civil Grand Jury Report dated July 9, 2024, entitled, “Restaurant Exteriors: The Neglected Space”.

Strategic Focus Area
Quality of Life
Background
On July 9, 2024, the 2023-2024 San Mateo County Civil Grand Jury issued a report entitled “Restaurant Exteriors: The Neglected Space” – see Attachment A. The City of Belmont is required to submit comments on the findings and recommendations pertaining to the matters over which it has some decision-making authority within 90 days. Response letters must be approved by the governing body of each jurisdiction at a public meeting. Belmont’s response to the report is due to the Grand Jury no later than October 7, 2024; this response is included as Attachment B to this staff report.

Analysis
The Grand Jury made seven findings and four recommendations in its report. The Grand Jury has requested that the City respond to findings #1 through #6 and recommendation #4. City staff has collaborated with other San Mateo County jurisdictions to prepare a response.

FINDINGS
F1: Sanitary conditions of the exterior of restaurant facilities fall outside current inspections of the County Health Department. The varying unsatisfactory conditions in the waste removal areas of the facilities shows something is lacking in the regulatory process.

F2: Sanitary conditions of parklets fall outside of current inspections by the County Health Department or Vector Control.

F3: Sanitary conditions of exterior areas used for waste storage and disposal fall outside current inspections by local jurisdictions; local jurisdictions are, by and large, only reactive to an actual complaint.
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Response to Grand Jury Report on Restaurant Exteriors - Staff Report F4: Most restaurant exterior areas are “out of sight” of the public and as a result complaints are less frequent.

F5. Because they lack oversight, unacceptable conditions in restaurant trash areas are likely not to be rectified.

F6. Waste water from the cleaning of trash areas and from rain flow into the storm drain systems.

F7. Effective inspection of parklet sanitation can be severely hampered by closed skirting and lack of under floor access. Spacing between planking and lack of solid flooring can lead to accumulation of organic debris and possible infestation by vermin.

RECOMMENDATIONS
R1. By June 30, 2025, the County should amend its Food Facility Checklist to include the condition of trash area flooring, bins, dumpsters, and enclosures, and note any needed repair, replacement or cleaning.

R2. By June 30, 2025, the County should amend its Food Facility Checklist to include the entire exterior waste storage area, retention areas and parklets, including flooring and underfloor areas.

R3. By June 30, 2025, the County should require operators/owners of restaurants to have a written diagram of their approved waste storage/retention area posted so the inspector can evaluate the condition of the facilities.

R4. By June 30, 2025, inspectors for all jurisdictions with restaurants should be empowered to require owners/operators to add receptacles or increase the frequency of pick-ups.

Staff has reviewed the findings and recommendations and has prepared a response letter for Council approval attached to this report (see Attachment B). In summary, staff generally either wholly or partially disagrees with the Grand Jury findings and recommendations, although in some cases lacks the data to confirm or refute assertions.

Alternatives

1. Refer back to staff for further information.

2. The City of Belmont is required to respond to the Grand Jury Report.

Attachments
A. Grand Jury Report – July 2024
B. Draft response letter from City Manager dated September 24, 2024 Fiscal Impact
☒ No Fiscal Impact
☐ Funding Source Confirmed:
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Response to Grand Jury Report on Restaurant Exteriors - Staff Report Source: Purpose: Public Outreach:

Staff Statutory/Contractual Requirement Posting of Agenda 7 1
2023-2024 San Mateo County Civil Grand Jury
RESTAURANT EXTERIORS: THE NEGLECTED SPACE
ISSUE
The exterior trash areas of food service businesses are often unsightly and unsanitary. How can this issue be addressed?

SUMMARY
Restaurant garbage and food waste is not always contained in designated exterior bins, and may overflow, attracting animals and other undesirable pests. While restaurant interiors are subject to County of San Mateo Health System standards and inspections, restaurant building exteriors are subject to a variety of standards and inspection programs, because each local jurisdiction has its own regulations for sanitation and safety for exteriors. For restaurant exteriors, responsibility for enforcement of local code and for inspection schedules varies from city to city. Generally, inspections are done when complaints are received. The extent of the issues may vary based on the municipality or district, day of the week (garbage collection day), or whether the building backs are visible to the public.

Grand Jury members conducted interviews with County officials, city officials, and waste handlers and performed their own spot checks (admittedly not scientific). A written survey (Appendix B) was sent to all twenty cities and towns in the County.

The Grand Jury found a significant number of restaurant exterior waste storage areas and areas below parklets had clearly deficient, unsanitary, unsightly and odorous conditions. The investigation found that the “standards” for these areas, i.e., how these conditions were monitored, and how codes and policies were enforced, to be inconsistent at best and non-existent in some instances. A quantification of the waste storage area problem proved difficult as many sites and their condition were dependent on the day of the week and their garbage pick-up days.

This Grand Jury report includes recommendations for a more proactive approach to handling the garbage and parklet sanitation problems around restaurant exteriors in San Mateo County, and suggestions for preventive maintenance.
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BACKGROUND
People spent 20.7% more money at restaurants than on groceries in 2022. That figure rose to

29.5% in the first two months of 2023 according to Commerce Department data.1 This significant increase in use of restaurants and “micro” and “mobile” food services, not surprisingly, resulted in an increase in organic (food stuff) waste, paper, glass and general garbage.

Members of the Civil Grand Jury initiated this review of the health and safety conditions surrounding the immediate areas designated for waste removal after observing an increase in rodents around parklets. Initial walkthroughs behind restaurants determined that the problem related to waste management in general as well as to the parklets. Photos contained in Appendix A depict some of the disturbing findings.

REGULATORY FRAMEWORK
California Health & Safety Code, Chapter 7 known as the “Retail Food Code” regulates, at the State level, the protections required for public health and safety of a “Food Facility”.2 The Code

1 https://www.census.gov/retail/marts/www/marts_current.pdf 2 H&S Code 113789 (a) “Food facility” means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level, including, but not limited to, the following:
(1) An operation where food is consumed on or off the premises, regardless of whether there is a charge for the food.
(2) A place used in conjunction with the operations described in this subdivision, including, but not limited to, storage facilities for food-related utensils, equipment, and materials. (b) “Food facility” includes permanent and nonpermanent food facilities, including, but not limited to, the following: (1) Public and private school cafeterias.
(2) Restricted food service facilities.
(3) Licensed health care facilities, except as provided in paragraph (12) of subdivision (c). (4) Commissaries.
(5) Mobile food facilities.
(6) Mobile support units.
(7) Temporary food facilities.
(8) Vending machines.
(9) Certified farmers’ markets, for purposes of permitting and enforcement pursuant to Section 114370. 9 3
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has extensive requirements for the handling of food, preparation and service of patrons. They can best be described as affecting the “inside” of the Food Facility.

The exterior or waste disposal areas are only mentioned in Article 4, Section 114245.4. “If provided, an outdoor storage area or enclosure used for refuse, recyclables, and returnables shall be constructed of nonabsorbent material such as concrete or asphalt and shall be easily cleanable, durable and sloped to drain.”3 Refer to Appendix C for the California Health & Safety Code Article 4.

The enforcement of these State Regulations is assigned to “Enforcement Officers”4of an “Enforcement Agency”5 which is delegated to more local organizations at the county or other local level. Section 1143906gives the power to inspect facilities, take samples and prepare a written report of deficiencies.

HEALTH DEPARTMENT INSPECTIONS
The San Mateo County Health Department is primarily responsible for the inspection of restaurants and enforcement of the Health Codes related to them. The Inspection checklist (Appendix D) has 60 categories for inspection and only one (FO42) relates to waste disposal or garbage. In interviews, the Grand Jury found the Health Inspector does not generally inspect the areas behind the facility and does not inspect areas not immediately adjacent to the facility at all.

The County relies on the individual cities for enforcement of their nuisance laws in these areas.

As part of its Municipal Code, each City or jurisdiction maintains provisions for enforcement actions against properties (and operators) that maintain unhealthy, noxious, or dangerous conditions under their police powers to abate public nuisances. (See Bibliography)

LAND USE / USE PERMITS

It is beyond the scope of this investigation to analyze the municipal codes of each of the twenty jurisdictions in San Mateo County which have restaurant uses. Most cities require “use permits”

(10) Farm stands, for purposes of permitting and enforcement pursuant to Section 114375. (11) Fishermen’s markets.
3 Sections 114244 to 114245.3 inclusive speak only to the Food Facility which is defined as the interior of the facility.
4 113774. “Enforcement officer” means the director, agents, or environmental health specialists appointed by the Director of Health Services, and all local health officers, directors of environmental health, and their duly authorized registered environmental health specialists and environmental health specialist trainees.
5 113773. “Enforcement agency” means the department or the local health agency having jurisdiction over the food facility.
6 114390 :
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=HSC&division=104.&title=& part=7.&chapter=13.&article=2
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(conditional or otherwise) for restaurants in certain locations. As part of the building permit process, cities have the ability to require and specify the type, location, and frequency of waste disposal. More importantly, all have a general requirement that these areas be maintained at the owner/operator expense in a good and sanitary manner.

WASTE HAULERS / SANITATION COMPANIES
By far the biggest recipient of waste and disposal in the County is Recology San Mateo County serving the cities of Belmont, Burlingame, East Palo Alto, Foster City, Menlo Park, Redwood City, San Carlos, and San Mateo, the town of Hillsborough, County of San Mateo, North Fair Oaks, and West Bay Sanitary District. Recology of the Coast provides service to Pacifica.

GreenWaste provides service to the town of Atherton.

South San Francisco Scavenger Company (SSFSC) serves businesses and residents in South San Francisco, Millbrae, Brisbane and San Francisco International Airport. Half Moon Bay, Daly City and the unincorporated North County has an agreement with Republic Services, Inc. to provide recycling, compost and garbage collection services.

Each hauler negotiates independently on rates and pick-up policy. The Grand Jury reviewed the Franchise Agreement used by Recology. The agreement provides that the hauler shall replace or repair bins, dumpsters and other containers as needed or upon request.

DISCUSSION
SURVEY
The Grand Jury sent a survey to twenty jurisdictions (see Appendix B). Five jurisdictions relied solely on the County Health Department for enforcement of regulations related to restaurant waste facilities; two inspected and enforced only at the permit renewal stage; and nine assigned the duty to their code enforcement mechanism generally through Planning, Public Works or dedicated Code Enforcement personnel. Only three of the jurisdictions conducted inspections independent of a complaint. The majority, nine of fourteen, only inspected upon receipt of a complaint. (See Appendix B for the tabulated Survey results).

In summary, survey responses demonstrate that the Cities rely on the County Health Department for inspections of restaurant interiors and, in general, only respond to exterior conditions upon receipt of a complaint.

OBSERVATIONS
The condition at any one site is dependent on the frequency of trash removal. The site may be fine right after removal but, as the week goes on, the situation worsens. There does not appear to be any site-specific requirements (or at least any that are enforced) for residual cleaning such as power washing. Few sites inspected had any method of controlling wash down or steam cleaning waste from flowing into the storm sewers. The type of restaurant also impacts its output, e.g., some generate grease, oil and animal fat, which require special containers. 11 5
2023-2024 San Mateo County Civil Grand Jury
The current requirements for trash enclosures by local jurisdictions are applied only to new applications, resulting in many outdated, legacies facilities and, without regular inspection, there is no monitoring of maintenance or repair. These areas are high impact areas and the enclosures and bins, dumpsters and cans are subject to heavy use. The Grand Jury found many bins, dumpsters and cans to be in damaged and filthy condition.

Economic forces impact maintenance and overflow conditions. An operator of a restaurant pays for disposal service by volume (size and number of containers) and frequency (number of pickups in one week). Increases in business generate higher volumes so what was working in the past may not be sufficient for the current or future situation. It is logical that operators of food facilities would see added frequency of pickups or added containers as a negative and an expense. This is a financial impact question.

IMPACTS ON THE COMMUNITY
Normal sanitation issues apply; smell, unsightliness and vermin7. Vector Control does not inspect trash or similar areas unless specifically requested. The Grand Jury interviews revealed instances of the presence of rats, mice and raccoons in trash areas and parklets. Insect infestation is also of concern. All this presents a health hazard to the public, the workers at these restaurants, and the trash collectors.

ENFORCEMENT OF EXISTING REQUIREMENTS
The County Health Department inspections do not include the areas outside of the building. The enforcement of the nuisance provisions by local jurisdictions is reactive and only called into play upon a complaint. Oversight of the condition of receptacles (dumpsters, bins, cans) is minimal, at best, and often non-existent.

SPECIAL CASES
Mobile Food Facilities (Food Trucks): The Permit Checklist for food trucks does not mention waste disposal. Food Truck regulation is an evolving body of regulation and should be reviewed at a later date.
https://www.smchealth.org/sites/main/files/file-attachments/20170915_mff_selfinspectionche cklist.pdf?1536778880
Farmer’s Markets: Several markets were visited by Jurors. Only the Farmer’s Market in San Carlos was the subject of an interview. This particular market occurs on a Sunday. It is organized

7 H&S Code 113939. “Vermin” means cockroaches, mice, rats, and similar pests that carry disease.

H&S Code 13939.1. “Vermin infestation” means the presence of vermin within the food facility as evidenced by actual live bodies, fresh droppings or vomitus, urine stains, or gnaw marks, that could result in contamination to the food, equipment, packaging, or utensils.
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by a private company (a community-based organization, CBO) which recruits and manages the individual Farmers and Vendors. The company polices the area at the breakdown of the Market on Sunday afternoon. The city of San Carlos has a street sweeper go over the area on Monday morning. These actions appear to be sufficient as the area was observed to be clean and free from refuse.

Parklets: Like Food Trucks, parklet regulation is evolving and should be reviewed in more detail at a later date. There are currently no separate inspection line items for parklets in the County Health Department checklist. Parklets increased significantly as a result of the Covid-19 pandemic, which have proven efficient and desirable in many areas. At the outset, their construction was not heavily regulated and there were no specific building code requirements for inspection and cleaning under floors. As these facilities have become permanent, building permit requirements have increased. Problem areas identified in our investigation are:

1. Open floor segments can permit food and other waste falling under the floor of the parklet to the street;

2. Many have open side(s) permitting vermin to go under the parklet to feed on scraps;

3. Street drainage (from road crown and gutter flow) can exacerbate the problems of waste under the floor, including leaves and other refuse.

METHODOLOGY
The Jurors made several site visits over a period of eight months and took photographs. The Grand Jury conducted interviews with some officials of some cities and with several San Mateo County officials including the Health Department and Vector Control. A survey was sent to each city/town in San Mateo County.

F2: Sanitary conditions of parklets fall outside of current inspections by the County Health Department or Vector Control.

F4: Most restaurant exterior areas are “out of sight” of the public and as a result complaints are less frequent.

F5. Because they lack oversight, unacceptable conditions in restaurant trash areas are likely not to be rectified.

F6. Waste water from the cleaning of trash areas and from rain flow into the storm drain systems. 13 7
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F7. Effective inspection of parklet sanitation can be severely hampered by closed skirting and lack of under floor access. Spacing between planking and lack of solid flooring can lead to accumulation of organic debris and possible infestation by vermin.

RECOMMENDATIONS
R1. By June 30, 2025, the County should amend its Food Facility Checklist to include the condition of trash area flooring, bins, dumpsters and enclosures, and note any needed repair, replacement or cleaning.

R2. By June 30, 2025, the County should amend its Food Facility Checklist to include the entire exterior waste storage area, retention areas and parklets, including flooring and underfloor areas.

R4. By June 30, 2025, inspectors for all jurisdictions with restaurants should be empowered to require owners/operators to add receptacles or increase the frequency of pick-ups.

Note: The Grand Jury is not able to recommend changes to building codes or planning criteria to cities or the County. However, in our review we did find the City of Palo Alto has a publication with clear and comprehensive regulations/recommendations for these areas. “Comprehensive Guidelines for Commercial Trash Enclosures:
https://www.cityofpaloalto.org/files/assets/public/v/1/planning-amp-development-services/paloalto-trash-enclosure-area-guidelines-march-2017.pdf”

REQUEST FOR RESPONSE
Pursuant to Penal Code Section 933.05, the Grand Jury requests responses as follows:

From the San Mateo County Board of Supervisors, to all Findings and Recommendations.

From the councils for all 20 cities and towns in the County, to Findings 1, 2, 3, 4, 5, and 6 and Recommendation 4.

The governing bodies indicated above should be aware that the comment or response of each governing body must be conducted subject to the notice, agenda, and open meeting requirements of the Brown Act.
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RESPONSE REQUIREMENTS
California Penal Code Section 933.05 provides (emphasis added):
(a) For purposes of each subdivision (b) of Section 933, as to each grand jury finding, the responding person or entity shall report one of the following:
(1) The respondent agrees with the finding.
(2) The respondent disagrees wholly or partially with the finding; in which case the response shall specify the port of the finding that is disputed and shall include an explanation of the reasons, therefore.
(b) For purposes of subdivision (b) of Section 933, as to each grand jury recommendation, the responding person or entity shall report one of the following actions:
(1) The recommendation has been implemented, with a summary regarding the implemented action.
(2) The recommendation has not been implemented, but will be implemented in the future, with a timeframe for implementation.
(3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report.
(4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation, therefore.

BIBLIOGRAPHY
California Health and Safety Code:
https://leginfo.legislature.ca.gov/faces/codesTOCSelected.xhtml?tocCode=HSC&tocTitle=+Heal th+and+Safety+Code+-+HSC
The following is a representative selection of Municipal Codes relevant to the investigation:
● Daly City:
https://library.municode.com/ca/daly_city/codes/code_of_ordinances?nodeId=TIT8HES A
● Belmont:
https://library.municode.com/ca/belmont/codes/code_of_ordinances?nodeId=CICO_CH1 1HESA
● Hillsborough:
https://library.municode.com/ca/hillsborough/codes/code_of_ordinances?nodeId=TIT8H ESA
● San Mateo (City): https://law.cityofsanmateo.org/us/ca/cities/san-mateo/code/7 ● East Palo Alto Code Enforcement: https://www.cityofepa.org/building/page/codeenforcement 15 9
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● San Carlos:
https://www.codepublishing.com/CA/SanCarlos/#!/SanCarlos08/SanCarlos0827.html#8. 27 ● South San Francisco:
https://library.qcode.us/lib/south_san_francisco_ca/pub/municipal_code/item/title_8- chapter_8_16 and
https://library.qcode.us/lib/south_san_francisco_ca/pub/municipal_code/item/title_8 ● Burlingame: https://library.qcode.us/lib/burlingame_ca/pub/municipal_code/item/title_8 ● Pacifica Food Establishments:
https://library.municode.com/ca/pacifica/codes/code_of_ordinances?nodeId=TIT6SAHE _CH5GACORE
● Pacifica Garbage:
https://library.municode.com/ca/pacifica/codes/code_of_ordinances?nodeId=TIT6SAHE _CH5GACORE_ART1GACO
● Redwood City: RWC has multiple segments of their code that would apply to this topic.

The link to the Code in General is:
https://library.municode.com/ca/redwood_city/codes/city_code?nodeId=REDWOOD_C

ALIFORNIAMUCO
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APPENDIX A
Photographs of exteriors
Figure 1: San Mateo, September 2023
Figure 2: Millbrae, September 2023
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Figure 3: Millbrae, September 2023
Figure 4: Millbrae, September 2023
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Figure 5: Millbrae, September 2023
Figure 6: Millbrae, September 2023
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Figure 7: San Carlos, December 2023
Figure 8: San Carlos, November 2023
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Figure 9: San Carlos, December 2023
Figure 11: San Carlos, October 2023
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APPENDIX B
Survey

1. Please list your name, title or job description and the city/town you represent.

Surveys were sent to managers of the twenty cities and towns in San Mateo County.

Responses were as follows:

City/Town Response Received
Atherton No
Belmont Yes
Brisbane No
Burlingame Yes
Colma No
Daly City Yes
East Palo Alto Yes
Foster City Yes
Half Moon Bay No
Hillsborough Yes
Menlo Park Yes
Millbrae No
Pacifica Yes
Portola Valley No
Redwood City Yes
San Bruno Yes
San Carlos Yes
San Mateo No
South San Francisco Yes
Woodside Yes
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2. What sanitation standards are applied to the garbage/trash areas of restaurants, bars and food services?
Respondents cited the County ordinance code and various municipal codes and standards. One entity had no response and another responded their city/town has no restaurants.

3. What standards are applied to sanitation, trash and street cleaning related to the "parklets" or other outdoor areas used for food service? Most respondents cited state, county or municipal standards. One city noted they have specific regulations for parklets. Another city said they have no standards because parklets are the responsibility of restaurants.

4. What department(s) of the City enforce these standards? Enforcement of standards may be done by:
● County Health
● Building/Fire/Public Works
● Planning & Building, Dept of Water & Wastewater Resources ● Planning
● Public Works
● Police, Code Enforcement
● Engineering Division
● Community & Economic Development. Department

5. Are regular inspections made or is inquiry only made upon complaint? Most responded inspections are complaint-based. A few municipalities conduct regular, periodic inspections.

6. Upon inquiry by the City (either by inspection or complaint) what standards are applied to determination of a violation, or recommendation to an owner? Standards listed included:
● County Health
● Parklet Standards
● Municipal Codes
● California Building Code, California Fire Code, Americans with Disabilities Act (ADA)
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2023-2024 San Mateo County Civil Grand Jury

7. What agencies or organizations outside of the City are involved in maintaining standards, such as Recology, Republic Services or South San Francisco Scavenger? ● Recology
● Recology of the Coast
● Greenwaste Recovery
● Republic
● County Health
● No response, but noted there is a city contract with a power washing service and that information is made available to parklet owners
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APPENDIX C
California Health & Safety Code Article 4
Health and Safety Code - HSC, DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] , PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] , CHAPTER 7.

Water, Plumbing, and Waste [114189 - 114245.7]
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=HSC&division=104. &title=&part=7.&chapter=7.&article=4
ARTICLE 4. REFUSE
114244.
(a) Each food facility shall be provided with any facilities and equipment necessary to store or dispose of all waste material.
(b) Waste receptacles shall be provided for use by consumers. (c) A receptacle shall be provided in each area of the food facility or premises where refuse is generated or commonly discarded, or where recyclables or returnables are placed.
114245
(a) An area designated for refuse, recyclables, returnables, and a redeeming machine for recyclables or returnables shall be located so that it is separate from food, equipment, utensils, linens, and single-service and single-use articles and a public health hazard or nuisance is not created.
(b) Receptacles and waste handling units for refuse, recyclables, and returnables shall not be located so as to create a public health hazard or nuisance or interfere with the cleaning of adjacent space.
114245.1
(a) All refuse, recyclables, and returnables shall be kept in nonabsorbent, durable, cleanable, leakproof, and rodent proof containers and shall be contained so as to minimize odor and insect development by covering with close-fitting lids or placement in a disposable bag that is impervious to moisture and then sealed. (b) Refuse containers inside a food facility need not be covered during periods of operation.
(c) All refuse shall be removed and disposed of in a sanitary manner as frequently as may be necessary to prevent the creation of a nuisance. (d) Storage areas, enclosures, and receptacles for refuse, recyclables, and returnables shall be maintained in good repair.
(e) Refuse, recyclables, and returnables shall be removed from the premises at a frequency that will minimize the development of objectionable odors and other conditions that attract or harbor insects and rodents.
114245.2. Cardboard or other packaging material that does not contain food residues and that is awaiting regularly scheduled delivery to a recycling or disposal site may be 25 19
2023-2024 San Mateo County Civil Grand Jury
stored outside without being in a covered receptacle if it is stored so that it does not create a rodent harborage problem.
114245.3. If located within the food facility, a storage area for refuse, recyclables, and returnables shall meet the requirements for floors, walls, ceilings, and vermin exclusion as specified in this part.
114245.4. If provided, an outdoor storage area or enclosure used for refuse, recyclables, and returnables shall be constructed of nonabsorbent material such as concrete or asphalt and shall be easily cleanable, durable, and sloped to drain. 114245.5. Receptacles and waste handling units for refuse and recyclables shall be installed so that accumulation of debris and insect and rodent attraction and harborage are minimized and effective cleaning is facilitated around and, if the unit is not installed flush with the base pad, under the unit.
114245.6.
(a) Receptacles and waste handling units for refuse, recyclables, and returnables shall be thoroughly cleaned in a way that does not contaminate food, equipment, utensils, linens, or single-service and single-use articles, and wastewater shall be disposed of as specified under Section 114241.
(b) Soiled receptacles and waste handling units for refuse, recyclables, and returnables shall be cleaned at a frequency necessary to prevent them from developing a buildup of soil or becoming attractants for insects and rodents. 114245.7.
(a) Except as specified in subdivision (b), suitable cleaning implements and supplies such as high-pressure pumps, hot water, steam, and detergent shall be provided as necessary for effective cleaning of receptacles and waste handling units for refuse, recyclables, and returnables.
(b) If approved, off-premises-based cleaning services may be used if on-premises cleaning implements and supplies are not provided.
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APPENDIX D
San Mateo County Inspection Checklist
https://www.smchealth.org/sites/main/files/file-attachments/297097foodestab.pdf Environmental Health
Services Food Program
2000 Alameda
de las Pulgas
Suite #100
San Mateo,
CA 94403
(650) 372-6200 FAX
(650) 627-8244
smchealth.org/food

FOOD FACILITY CHECKLIST
The goal of food safety is to promote health and prevent food-borne disease through education, training and regulation. This checklist reflects areas that are evaluated during a routine inspection. Use this as a guide to improve your facility’s sanitation and compliance with the requirements from the California Retail Food Code.

FOOD RECEIVING YES NO N/A
Raw or frozen raw molluscan shellfish (e.g. clams, mussels, scallops, oysters) properly labeled and labels maintained on site for at least 90 days.

Temperature of live molluscan shellfish at or below 45ºF.

Food only from approved sources.

Potentially hazardous foods delivered at a temperature of 41°F Frozen foods delivered in frozen condition with no evidence of thawing or refreezing.

Food at improper temperature or in unacceptable condition rejected.

Foods, especially refrigerated and frozen foods, placed in proper storage locations promptly.

FOOD STORAGE YES NO N/A
Foods protected from contamination, dirt, vermin, insects, chemicals, etc.

Prepackaged and bulk foods properly labeled.

Food stored at least 6 inches above floor in approved locations within the facility.

Returned and damaged goods stored separate from other items.

Raw meat and fish inside refrigerators and freezers stored below and away from ready-to-eat foods (e.g. salads, produce, beverages).

Foods kept covered while in storage.

Food which becomes contaminated or adulterated is discarded. 27 21
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FOOD PREPARATION YES NO N/A
Frozen foods thawed by one of the following methods:
● Under cold running water
● In a refrigerator
● In a microwave
● As part of the cooking process
Hot potentially hazardous foods cooled as quickly as possible by one or more of the following methods prior to placement in a refrigerator or freezer:
● In an ice bath with stirring
● With a rapid cool stirring device
● In a blast chiller
● By adding ice
● In shallow heat conducting pans on ice
● Separating food into smaller or thinner portions

YES NO N/A
Food preparation sinks used only for preparation activities, and not hand washing, janitorial activities, or other uses.

Sulfites not added to potentially hazardous foods.

Potentially hazardous foods shall be thoroughly cooked to a minimum internal temperature of:
● 165°F for poultry, comminuted poultry, game birds, stuffed meats, stuffed pasta, and reheated foods.
● 157°F for ground beef, other comminuted meats, and foods containing comminuted meat. (Or 155°F for a minimum of 15 seconds)
● 155°F for pork.
● 145°F for eggs, food containing raw eggs, and other cooked potentially hazardous food.

FOOD SERVING YES NO N/A
Prepackaged foods properly labeled with common name, list of ingredients, net weight, name and address of manufacturer, etc.

Uneaten food returned from customer is discarded and not reused or reserved.

Self-serve buffets, salad bars, snack counters, bulk food dispensers, and selfserve units. Provide adequate protection for food and utensils from contamination by customers (e.g. sneezing, coughing, and handling).

Tongs, ladles, spoons, etc. used for food service rather than direct contact with hands.
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TEMPERATURE CONTROL/THERMOMETERS YES NO N/A
Potentially hazardous foods kept at or below 41°F, or at or above 135°F.

When cooling or heating potentially hazardous foods, the time spent in the DANGER ZONE (41 °F - 135°F) is kept to a minimum.

Easily readable thermometers (accurate to + 2°F) in the warmest part of each refrigeration and freezer unit.

Metal probe-type thermometer on premise if potentially hazardous food served.

Thermometers are sanitized before and after use, and periodically calibrated. (Employees should be able to demonstrate that they know how to calibrate a probe thermometer)

UTENSIL WASHING/STORAGE YES NO N/A
Utensils protected from contamination, dirt, vermin, insects, chemicals, etc.

Multi-service customer utensils (e.g. plates, glasses, silverware) sanitized by mechanical dish machine as per manufacturer specifications, or if manually washed, sanitized by one of the following methods:
● 100 ppm chlorine for 30 seconds
● 25 ppm iodine for 60 seconds
● 200 ppm quaternary ammonium for 60 seconds
● 180°F water for 30 seconds
Test strips or thermometer available for measuring the method of sanitizing utensils.

YES NO N/A
Three- compartment sink with dual integral drain boards available for utensil washing (except where 2 compartment exemptions is applicable).

Compartments are large enough to accommodate the largest utensil in use.

Utensils are clean and in good repair.

Kitchen and serving utensils are routinely cleaned and sanitized.

Utensils are commercial-grade and meet applicable National Sanitation Foundation (NSF) at CAL CODE standards.

All mechanical dishwashers are provided with dual integral drain boards.

Proper sanitizer and chemical levels, and temperature maintained at all times during operation of dish machines.

Single-service customer utensils used only once and disposed of in a sanitary manner.

Serving utensils (e.g. scoops, spoons, ladles, etc.) for potentially hazardous foods, while in use are kept at or below 41°F or above 135°F, or in a dipper well continually provided with clean water.

TOILET FACILITIES YES NO N/A
Employee toilet facilities provided.

Customer toilet facilities provided where required.
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Tight-fitting self-closing doors provided.

Food, utensils, equipment, supplies, etc., not stored in toilet facilities.

Toilet paper, single-use sanitary towels (or air dryer) and hand cleanser provided from approved dispensers.

Hot and cold water, under pressure, provided from a mixing faucet (or combination faucet) at hand sink.

Ventilation provided.

HANDWASHING FACILITIES YES NO N/A
Within or adjacent to restrooms and kitchens.

Provided with single service sanitary towels (or air dryers) and hand cleanser from and approved dispensers.

Hot and cold water, under pressure, provided from a mixing faucet (or combination faucet) at hand sink.

Kept readily accessible at all times
Facilities provided exclusively for hand washing in food prep areas that are sufficient
in number and conveniently located. (construction/remodels on or after January 1, 1996)

CHEMICALS/PESTICIDES YES NO N/A
Properly labeled.

Stored away from food and utensils. Stored in separate enclosure if stored in food preparation area.

Pesticides specifically approved for use within food facilities.

Chemicals, pesticides, hazardous materials properly used. MSDS data available for employees.

JANITORIAL FACILITIES YES NO N/A
Area provided for storage of cleaning supplies and equipment which is separate from food preparation, food storage, utensil cleaning, and utensil storage areas.

Janitorial sink or basin provided with hot and cold water.

Backflow prevention device provided for sink.

Cleaning equipment (e.g. mops, buckets, brooms, etc.) kept away from food and utensils.

LIGHTING YES NO N/A
Minimum intensity of 20 foot-candles (ftc) in food preparation and utensil cleaning areas.

Minimum intensity of 10ftc elsewhere but intensity of at least 20 ftc available during cleaning operations.

Shatter-proof light covers in food preparation, food storage (except where food is in unopened, original containers), and utensil cleaning areas. 30 24
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VERMIN/INSECTS YES NO N/A
Facility free of rodents and insects.

Harborage and entrances eliminated. Droppings and dead insects cleaned up.

Facility kept fully enclosed. Entrances protected by tight-fitting, self-closing doors or air curtains. Openable windows protected by screens.

Pest control performed by licensed pest control operator.

GARBAGE/REFUSE DISPOSAL YES NO N/A
Facilities provided for garbage disposal and storage.

Containers are leak proof and rodent proof with tight-fitting lids.

Garbage placed in securely fastened plastic bags before placement in dumpster.

Garbage removed frequently.

WATER SUPPLY YES NO N/A
Water supply from an approved source.

Hot and cold water provided in adequate amounts.

EMPLOYEE HABITS YES NO N/A
Employees wash hands before beginning work, between working with raw food and ready-to- eat foods, after coughing or sneezing, after touching soiled equipment or utensils, after using restrooms, and after engaging in any other activity that contaminates the hands.

Employees wear clean garments or uniforms.

Employees do not use tobacco products where food is prepared, served, or stored, or where utensils are cleaned or stored.

Employees do not work if ill.

Employees have been instructed in safe food handling practices.

Employees routinely check temperatures of potentially hazardous foods during storage, preparation and serving, and check utensil cleaning chemical levels, water temperatures, and water pressures.

EMPLOYEE CHANGE/STORAGE FACILITIES YES NO N/A
Area provided for employee changing which is separate from toilets, food storage, food preparation, utensil cleaning, and utensil storage areas.

PLUMBING YES NO N/A
All sewage and wastewater disposed of to an approved sewer or septic system.

Indirect waste drainage via a floor sink or funnel drain provided for all equipment that discharges wastes (e.g. prep sinks, utensil sinks, steam tables, salad bars, Chinese ranges, ice machines, ice storage bins, beverage machines, steamjacketed kettles, display cases, refrigeration/freezer units, etc.) Indirect waste receptacles readily accessible for cleaning and inspection, and not located inside cabinets.
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2023-2024 San Mateo County Civil Grand Jury
Floor drains absent from food storage areas.

Plumbing kept clean, fully operative, and in good repair.

Grease interceptors and septic tanks regularly cleaned out by licensed plumbers.

EQUIPMENT YES NO N/A
Equipment clean and in good repair.

Equipment easily cleanable and meets applicable NSF and the California Retail Food Code standards.

Unused equipment removed from premises.

Approved ventilation/exhaust equipment provided over cooking equipment and high temperature dish machines.

WALLS, FLOORS, CEILINGS YES NO N/A
Floors are smooth, durable, non-absorbent, and easily cleanable in areas where:
● food prepared, packaged, or stored;
● where utensils are cleaned or stored;
● where garbage is stored;
● where janitorial facilities are located;
● in toilet and hand washing facilities;
● in employee change and storage areas.

Floor material extends up the walls and toe kicks at least 4 inches with a minimum of 3/8 inch radius at the wall/floor and wall/toe-kick junctures in all areas mentioned above except where exempted (e.g. where foods are stored in their unopened original containers.

Walls and ceilings smooth must be durable, non-absorbent, and easily cleanable in all areas except where exempted (e.g. dining areas, closed food storage areas, and certain portions of bar areas).

Walls and ceiling finishes light colored in food preparation, utensil cleaning areas, and inside walk-in refrigeration units.

SIGNS YES NO N/A
Official Food Placard must be posted and clearly visible at the entrance of facility.

Valid health permit posted in a conspicuous location.

No Smoking signs posted in food preparation, food storage, utensil cleaning, and utensil storage areas.

YES NO N/A
Hand washing signs posted in toilet rooms.

If facility has sit-down dining, Choking First Aid poster placed where it is readily accessible to employees.
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ADDITIONAL INFORMATION YES NO N/A
Any construction, remodeling, alterations, and the installation of new equipment must be approved by the Health Department before commencing work.

Applicable building and fire codes are met.

Manager certification/ Food handler certifications are available on site.

Tobacco permit available if applicable
COMMENTS/OBSERVATIONS:

Release Date: July 9, 2024
2023-2024 San Mateo County Civil Grand Jury
33 www.belmont.gov
One Twin Pines Lane
Belmont, CA 94002
September 24, 2024
Honorable Amarra A. Lee
Judge of the Superior Court
c/o Bianca Fasuescu
Hall of Justice
400 County Center; 2nd Floor
Redwood City, CA 94063-1655
Subject: Response of the City of Belmont to the San Mateo County Civil Grand Jury Report “Restaurant Exteriors: The Neglected Space”
Honorable Judge Lee:

The City of Belmont appreciates the opportunity to review and provide comments on the above referenced Grand Jury Report filed on July 9, 2024. The City of Belmont's responses to Findings 1 – 6 and Recommendation 4 are outlined below.

Response to Grand Jury Findings
Finding 1: Sanitary conditions of the exterior of restaurant facilities fall outside current inspections of the County Health Department. The varying unsatisfactory conditions in the waste removal areas of the facilities shows something is lacking in the regulatory process.

Response: The City of Belmont partially disagrees with this finding. The City’s Code Enforcement division works cooperatively with the County Health Department if unsanitary conditions of restaurant facility exteriors are noted during an inspection.

Finding 2: Sanitary conditions of parklets fall outside of current inspections by the County Health Department or Vector Control.

Response: The City of Belmont partially disagrees with this finding. The City’s Code Enforcement division works cooperatively and coordinates with these agencies if unsanitary conditions of parklets are reported on private property. The City does not allow parklets in the public right-of-way at this time.
34 www.belmont.gov
Finding 3: Sanitary conditions of exterior areas used for waste storage and disposal fall outside current inspections by local jurisdictions; local jurisdictions are, by and large, only reactive to an actual complaint.

Response: The City of Belmont partially disagrees with this finding. Recology provides sanitation removal services and notifies the City when business conditions necessitate additional receptacle capacity. Enforcement of the exterior conditions of restaurants is primarily complaint driven. Recology assists customers in maximizing participation in collection programs and recommends changes to ensure appropriate service levels as is required per the City’s Franchise Agreement.

Finding 4: Most restaurant exterior areas are “out of sight” of the public and as a result complaints are less frequent.

Response: The City of Belmont partially disagrees with this finding. Most restaurants in Belmont have an alley or access along the rear of their businesses. These restaurants have greater exterior visibility, but available space is often limited for the storage and screening of grease and waste receptacles along the alleyways.

Finding 5: Because they lack oversight, unacceptable conditions in restaurant trash areas are likely not to be rectified.

Response: The City of Belmont partially disagrees with this finding. The City of Belmont has oversight jurisdiction over restaurant trash areas. Recology further monitors waste receptacles and informs restaurants and the City when trash containers are inadequate, overflowing, or contain improperly stored or sorted materials as is required per the City’s Franchise Agreement.

Finding 6: Wastewater from the cleaning of trash areas and from rain flow into the storm drain systems.

Response: The City of Belmont wholly disagrees with this finding. Many existing restaurants located in the City have been instructed to prevent any of the wastewater generated from cleaning the trash or rain to flow to the storm drain system. New development is required to comply with the Municipal Regional Permit (MRP) C.3, which dictates that wastewater from trash areas shall be directed to the sanitary sewer only. To prevent rain flow from entering trash area, roofs over dumpsters are also required.

Response to Recommendations
Recommendation 4: By June 30, 2025, inspectors for all jurisdictions with restaurants should be empowered to require owners/operators to add receptacles or increase the frequency of pick-ups.
35 www.belmont.gov
Response: This recommendation has been implemented. Belmont Municipal Code Section 11- 65 allows for enforcement to prevent health and safety nuisances from refuse accumulation. Code Enforcement is empowered to require restaurant owners to add receptacles and increase pick up frequency to rectify the nuisance.

This response was approved by the Belmont City Council at a public meeting on September 24, 2024.

Sincerely,
Afshin Oskoui
City Manager
36

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SVCW WIFIA Loan Amendment

STAFF REPORT
Meeting Date: September 24, 2024
Agency: City of Belmont
Staff Contact: Grace Castaneda, Finance Director, [email protected] Agenda Title: Silicon Valley Clean Water (SVCW) Water Infrastructure Finance and Innovation Act (WIFIA) Loan Amendments
Agenda Action: Resolution
Recommendation
Adopt a resolution authorizing the City Manager to execute amendments to the Water Infrastructure Finance and Innovation Act (WIFIA) Loans, and all associated documents.

Strategic Focus Area
Fiscal and Organizational Sustainability
Background
Belmont is a member agency of Silicon Valley Clean Water (SVCW), a joint powers authority created to, among other things, manage and operate wastewater treatment and disposal facilities for the City of Redwood City, the City of San Carlos, the City of Belmont, and West Bay Sanitary District. SVCW is responsible for arranging funding for the wastewater treatment and disposal facilities.

In 2019, 2020, and 2021, respectively, SVCW executed three Water Infrastructure Finance and Innovation Act (WIFIA) Loan agreements with the Environmental Protection Agency (EPA). These agreements funded approximately $287 million of the Regional Environmental Sewer Conveyance Upgrade (RESCU) project and another $72 million for Wastewater Treatment Plant improvements.

During negotiations with the EPA, it was agreed that the City of Belmont, due to sewer rates that are structured differently than SVCW’s other member agencies, is required to place funds in a Debt Service Reserve account for each loan. The original WIFIA loan agreements described required debt service reserves in specific dollar values. Such dollar values were originally derived by multiplying 50% of Maximum Annual Debt Service (MADS) calculated at the time the loan was executed.

Analysis
The 2019 WIFIA Loan was refinanced in November 2020 to take advantage of lower interest rates available at that time. This refinancing lowered SVCW’s annual debt service payments by $1.69 million and, over the life of the loan, will save approximately $37.7 million (net present value). Traditionally, such a refinancing would also entitle the City to reduce the amount held in the Debt Service Reserve account. In recognition that the original definition of Debt Service Reserve precludes such a reduction, the EPA agreed to amend the WIFIA Loans and the associated documents to redefine the Debt Service Reserve to 50% of MADS without specifying any dollar values. Once amended, the City can recover 37

Page 2 of 2 ends

SVCW WIFIA Loan Amendment
$30,416 from the refinanced 2019 WIFIA Loan.

The WIFIA Loan amendments need SVCW Commission and City Council approval. SVCW Commission approved the amendments at their September 9, 2024 regular meeting. Once approved by both agencies, documents can be submitted to EPA representatives, who will create formal loan amendments.

Alternatives

1. Take no action.

2. With direction, refer the matter back to staff for further study.

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

Adopting this resolution allows the City to recover
approximately $30,000 in funds held in the Debt Service Reserve account.

Belmont’s allocable share of the WIFIA Loan’s debt service payments are accounted for in the Sewer Treatment Facility Fund.

Source: Purpose: Public Outreach:

Staff Statutory/Contractual Requirement Posting of Agenda 38

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RESOLUTION NO. 2024 –

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELMONT

AUTHORIZING EXECUTION AND DELIVERY OF AMENDMENTS TO EXISTING

FINANCING AGREEMENTS RELATING TO CERTAIN SILICON VALLEY CLEAN

WATER WIFIA LOAN AGREEMENTS
WHEREAS, in order to provide for the transmission, treatment and disposal of wastewater, the City of Belmont (the “City”), the City of Redwood City, the City of San Carlos and the West Bay Sanitary District (collectively, the “Members”) have previously entered into a Joint Exercise of Powers Agreement, dated as of November 13, 1975, as amended to the date hereof (as amended, the “Joint Powers Agreement”), under which Silicon Valley Clean Water (formerly known as the South Bayside System Authority) has been organized as a joint powers authority (the “Authority”), which is a public entity separate and apart from the Members; and, WHEREAS, the Authority has previously entered into three WIFIA Loan Agreements dated as of November 17, 2020 and August 26, 2021, as applicable (as amended to the date hereof, the “WIFIA Loan Agreements”) with the United States Environmental Protection Agency (the “EPA”); and,
WHEREAS, in connection with the execution and delivery of the WIFIA Loan Agreements, the Authority also entered into certain financings agreements with the City dated as of November 1, 2020 and August 1, 2021, as applicable (as amended to the date hereof, the “Belmont Financing Agreements”); and,
WHEREAS, pursuant to the requirements under the WIFIA Loan Agreements and the Belmont Financing Agreements, the City of Belmont provided funds to satisfy a debt service reserve, which amount is held by Zions Bancorporation, as paying agent; and, WHEREAS, the required debt service reserve amount is based on the amortization of the WIFIA Loan Agreements and as a result of the reduced interest rate set in connection with the WIFIA Loan Agreement dated as of November 17, 2020, the amount that the City originally deposited to fund the debt service reserve requirement currently exceeds the amount that is set forth in the WIFIA Loan Agreement dated as of November 17, 2020; and, WHEREAS, the Authority and the City desire to amend the WIFIA Loan Agreements and the Belmont Financing Agreements to clarify that the debt service reserve requirements are based on the amortization of the loans under WIFIA Loan Agreements, which would allow a refund of the excess amount deposited by the City.

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

SECTION 1. Approval of Amendments to Financing Agreements. The Amendment No. 1 to Financing Agreement and the Amendment No. 2 to Financing Agreement, each between the Authority and the City, is hereby approved substantially in the forms of the copies thereof on file in the Office of the City Clerk, to which copies reference is hereby made for the full particulars thereof, and the Mayor or the City Manager are each hereby authorized and directed to execute 39

Page 2 of 2 ends

said amendments and the City Clerk is hereby authorized and directed to attest thereto, respectively, for and on behalf of the City.

SECTION 2. Effective Date. This Resolution shall take effect immediately upon its passage and adoption.
* * *
ADOPTED September 24, 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
40

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Conflict of Interest Code Biannual Update-2024 - Staff Report

STAFF REPORT
Meeting Date: September 24, 2024
Agency: City of Belmont
Staff Contact: Jozi Plut, City Clerk, [email protected], 650-595-7414 Agenda Title: Conflict of Interest Code Biannual Update Agenda Action: Motion
Recommendation
Approve a resolution revising the City’s Conflict of Interest Code and Updating the Appendix of Designated Employees.

Strategic Focus Area
Fiscal and Organizational Sustainability
Background
The Political Reform Act (PRA) of 1974 requires, among other things, that local government agencies adopt and maintain a Conflict-of-Interest Code. Like most cities, the City of Belmont has adopted a “model” Conflict of Interest Code prepared by the Fair Political Practices Commission and codified in California Code of Regulations Title 2, Section 18730. The model code establishes substantive requirements for the disclosure of financial interests and disqualification of City employees and other officials from participation in decisions in which they might have a private, financial interest. Cities adopting the model code need only adopt an appendix containing a list of designated employees subject to the disclosure requirements and specifying the scope of interests those designated employees must disclose. The Political Reform Act requires cities to review their codes on at least a biennial basis (to be conducted each even numbered year) to ensure that the code reflects the organization’s current staffing.

The City of Belmont first adopted its Conflict-of-Interest Code in 1979 and has periodically reviewed and revised the code in accordance with the PRA. The City Council is the code reviewing body for the City of Belmont as well as the Belmont Fire Protection District. The City’s code was last updated by the City Council in October 11, 2022 by Resolution 2022-99.

Analysis
Under the PRA, the city must identify each employee position within the City of Belmont, including the Belmont Fire Protection District, which involves the making or participation in the making of governmental decisions which may foreseeably have a material effect on any financial interest of that employee. In addition, certain consultants to the city must also disclosure their financial interests because they make or participate in making governmental decisions on behalf of the local agency. The “Designated Employees” make these disclosures on a form known as “Statement of Economic Interests, Form 700”.

Revisions to the appendix of designated employees are needed to account for the addition of positions that make or participate in making government decisions, the removal of positions that do not make or 41

Page 2 of 3 ends

Conflict of Interest Code Biannual Update-2024 - Staff Report participate in making government decisions, and changes in listed position titles. The exhibit attached to the resolution included with this report reflects these changes.

For the Council’s information, you may note that the revised list of designated employees and officers exclude council members, planning commissioners, the city manager, the finance director, and the city attorney. These positions are not listed in the local code because they are already required by state law (Government Code Section 87200) to disclose their financial interests. To maintain this distinction, these positions are noted as “Code Filers” at the bottom of the revised appendix.

Disclosure Categories
The PRA identifies four basic types of financial interests that are subject to reporting by designated employees: (1) investments, (2) business positions, (3) sources of income and (4) real property interests.

Under the Act, the city’s conflict of interest code must require designated employees to report those financial interests that may foreseeably be affected materially by any decision made or participated in by the designated employee by virtue of his or her position. The disclosure categories accomplish this requirement by matching the employee positions with the types of reportable financial interests that may be affected by the performance of the employee’s duties. The City’s Conflict of Interest Code has two disclosure categories
Disclosure Category 1. Designated Employees in Category 1 are required to provide the fullest disclosure including investments, interests in real property, sources of income, and reporting of business positions.

This category is intended to cover employees who make or participate in making regulatory decisions.

Employees in this group may also make or participate in making decisions affecting contracts.

Disclosure Category 2. Designated Employees in Category 2 are required to report investments, business positions and sources of income from sources that provide the type of goods and services utilized by the city. This category covers those designated employees who make or participate in making decisions pertaining to purchase contracts but do not make or participate in making regulatory decisions. Disclosure under this category is limited in scope in order to match the employee positions with the types of reportable financial interests that may be affected by the performance of the employee’s duties. No changes are proposed to the disclosure categories.

With the amendments to the list of Designated Employees, the City’s Conflict of Interest Code accurately reflects positions that may make or participate in making governmental decisions for the City. It should be noted that in the case of the positions being added, all personnel currently holding these positions filed an Assuming Office Statement in advance of amending the Conflict-of-Interest Code.

Alternatives

1. Modify the list of designated positions, disclosure categories, or assignment of employee positions to disclosure categories.

2. Refer to staff for further information.

Attachments
A. Redline of changes to Appendix
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Conflict of Interest Code Biannual Update-2024 - Staff Report Fiscal Impact
☒ No Fiscal Impact
☐ Funding Source Confirmed:

Source: Purpose: Public Outreach:

Staff Statutory/Contractual Requirement Posting of Agenda

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RESOLUTION NO. 2024-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELMONT REVISING THE CITY’S CONFLICT OF INTEREST CODE AND UPDATING THE APPENDIX OF

DESIGNATED EMPLOYEES
WHEREAS, under the California Political Reform Act, local government agencies must adopt a Conflict of Interest Code and designate the official and employee positions that must disclosure financial interests in conformance with the law; and, WHEREAS, the Fair Political Practices Commission (“FPPC”) has adopted a regulation, Title 2 California Code of Regulations Section 18730, which contains the terms of a model conflict of interest code which meets the requirements of the Political Reform Act; and, WHEREAS, under the Political Reform Act and regulations promulgated thereunder by the Fair Political Practices Commission of the State of California (FPPC), a newly established local entity is required to adopt a conflict of interest code; and, WHEREAS, the Belmont Fire Protection District is a subsidiary district of the City of Belmont, and the City Council is the code reviewing body for the Belmont Fire Protection District.

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

SECTION 1. The terms of California Code of Regulations Title 2, Section 18730 and any amendments duly adopted by the Fair Political Practices Commissions, together with the Appendix to the City of Belmont Conflict of Interest Code attached hereto as Exhibit “A” and incorporated herein, constitute the Conflict of Interest Code of the City of Belmont.

SECTION 2. Designated officials and employees must file statements of economic interest with the City Clerk for the City of Belmont who shall make the statements available for public inspection and reproduction in accordance with Government Code Section 81008 upon payment of the fees equal to the amount that the city is authorized therein to charge but not to exceed. The City Clerk shall retain statements for designated officials and employees.

SECTION 3. This resolution supersedes all previous resolutions adopting or amending the City’s Conflict of Interest Code as of its adopted date. * * *
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ADOPTED September 24, 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
45 Update September 24, 2024

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Exhibit “A” to Resolution 2024-

APPENDIX
to

CITY OF BELMONT CONFLICT OF INTEREST CODE
A. Designated Officers and Employees and Categories of Reportable Financial Interests Position Disclosure Categories
Accounting/Budget Manager 2
Administrative Services Director 1
Assistant City Manager 1
Assistant Civil Engineer 1
Assistant Planner 1
Assistant Public Works Director/City Engineer 1
Associate Civil Engineer 1
Associate Planner 1
Building Inspector I & II 1
Chief Building Official 1
Chief of Police 1
City Clerk 1
(Belmont Fire Protection District Secretary)
Code Enforcement Officer 1
Community Development Director 1
Construction Inspector 1
Consultants 1
Deputy City Clerk 2
(Belmont Fire Protection District Deputy Secretary)
Deputy Finance Director 1
Deputy Community Development Director 1
Economic Development and Housing Manager 1
Human Resources Director 1
GIS Coordinator 2
IT Business System Analyst 2
Information Technology DirectorManager 1
Management Analyst – Finance 2
Management Analyst – Police 2
Management Analyst – Human Resources 2
Management Analyst – Public Works 2
Parks and Facilities Manager 1
Parks and Recreation Commissioners (Adults) 1
Parks and Recreation Director 1
Planning and Community Development Director 1
Police Captain 1
46 Update September 24, 2024

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Police Lieutenant 1
Principal Management Analyst 1
Principal Planner 1
Public Works Director 1
Public Works Services Manager 2
Public Works Field Supervisor 2
Recreation Manager 2
Senior Civil Engineer 1
Senior Mechanic 2
Senior Planner 1
*Consultants are included in the list of designate officials and employees and must disclose under the broadest disclosure category in the Code subject to the following limitation:

The City Manager may determine in writing on a case by case basis that a particular consultant, although a designed position, is hired to perform a range of duties that is limited in scope and thus does not require compliance, or full compliance with disclosure requirements. Any such written determination shall include a description of the consultant’s duties and a statement as to the extent of disclosure requirements. The City Manager may determine whether a contract consultant constitutes a “consultant” as defined in the Political Reform Act. The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code.

B. Code Filers
The following positions are not including in the list of designated employees as these positions are required to disclosure financial interests under Government Code Section 87200:

City Attorney (Belmont Fire Protection District Counsel) City Council (Belmont Fire Protection District Board)
City Manager (Belmont Fire Protection District Manager) Finance Director/ City Treasurer
Planning Commissioners
C. Categories of Reportable Financial Interests

1. Full Disclosure. All real property located within the jurisdiction of the City of Belmont, as well as all investments, business positions, and sources of income including gifts, loans and travel payments.

2. Limited Disclosure - Contracting. All investments, business positions, and sources of income, including gifts, loans and travel payments, from sources that provide leased facilities, goods, services, equipment, vehicles, machinery, or services, including training or consulting services, of the type utilized by the City of Belmont. 47

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1041 Hill Street - Memory Care - Staff Report

STAFF REPORT
Meeting Date: September 24, 2024
Agency: City of Belmont
Staff Contact: Rob D. Gill, Senior Planner, (650) 598-4204, [email protected] Agenda Title: 1041 Hill Street – New Memory Care Facility Agenda Action: Ordinance
Recommendation
1) Conduct Public Hearing and consider Planning Commission recommendations. 2) Introduce an Ordinance for a Planned Development Zone Amendment and associated Conceptual Development Plan (CDP).
3) Consider a Resolution approving a Conditional Use Permit and associated Detailed Development Plan, Grading Plan, Design Review and Tree Removal Permit. 4) Consider A Resolution finding the project is exempt from environmental review per Guidelines 15332, (In-Fill Development Projects) of the California Environmental Quality Act (CEQA).

Strategic Focus Area
Economic Development and Housing
Background
At their August 20, 2024, meeting, the Planning Commission held a public hearing where they reviewed the proposed project. At the conclusion of the hearing, the Commission adopted a Resolution (five in favor, and one abstain) recommending the City Council approve the project entitlements.

Prior to the Planning Commission meeting, staff received written comments (e-mails dated 8/20/24 & 9/3/24) that raised concerns about geotechnical review for the project. More specifically, how the project incorporates the State’s Seismic Hazards Mapping Act (SHMA) and maps. The necessary (and responsive) geotechnical information addressing the SHMA was provided by the City’s geotechnical consultant for the project on September 18, 2024.

Based on the City’s geotechnical consultant’s peer review letter, the most recent published hazard maps from California Geological Survey (CGS) currently delineate the site as an earthquake-induced landslide hazard zone of required investigation. The SHMA requires the geologic and soil conditions to be evaluated to assess the hazard at the project site. It was determined that there are no known active landslides mapped at the site. However, it is recommended that an additional condition of approval be levied for the project regarding provision of data/documentation (including fill material specifications) to support geotechnical engineering recommendations and satisfying SHMA criteria; this condition is required to be fulfilled prior to issuance of building permits for the project. A copy of the geotechnical peer review letter is included in Attachment G.
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1041 Hill Street - Memory Care - Staff Report
Discussion
The project proposes to amend the existing Planned Development (PD). The PD zoning district is designed to accommodate various types of development, such as single-family residential developments, multifamily developments, neighborhood and community shopping centers, mixed-use developments, professional and administrative areas, commercial service centers, industrial parks, and other uses or a combination of uses which can be made appropriately a part of a PD. The district is established to allow flexibility of design that may differ from the strict application of the development standards contained within the Belmont Zoning Ordinance, in accordance with the objectives and spirit of the General Plan.

Unlike properties in other zoning districts, properties seeking an amendment to a PD designation are typically governed by a two-step review process: First, general issues of land use, site plans and circulation plans are reviewed by way of a Conceptual Development Plan (CDP). More detailed issues, such as building architecture, landscaping, parking layout, grading/drainage, tree removal, and lighting are evaluated by way of a Detailed Development Plan (DDP). However, this application request includes both a CDP and DDP for concurrent consideration. As part of the DDP, a Conditional Use Permit (CUP), Design Review, Grading Permit, and Tree Removal Permit are also required to be evaluated and approved.

General Plan Conformance
The General Plan designates the project site as Institution, and the requested development does not change that current designation. The General Plan policies analysis in the CEQA Categorical Exemption document (Attachment F) provides the consistency analysis with the proposed PD Zone Amendment.

Performance standards such as maximum density, building height, setbacks, FAR, and landscaped areas are contained in the attached Ordinance.

The PD zoning district allows flexibility of design in accordance with the goals, policies, and objectives of the General Plan. This zoning also allows for flexibility in meeting the strict interpretation of the Zoning Ordinance, provided the project is well designed, includes a favorable balance of open space to developed area, is sensitive to existing terrain, and is compatible with surrounding uses. The proposed project is considered an infill development and will be located within an area that is already fully developed. The memory care facility building would be constructed within the footprint of the former skilled nursing facility that is proposed to be demolished and partially constructed into the hillside. The project would generally match the scale and character of the existing on-site assisted living facility building. The project is well designed, and all proposed support features are integrated well into the overall project design. In summary, the proposed PD Zone Amendment of the subject site (via a Conceptual Development Plan) achieves the goals and objectives of the Zoning Ordinance and General Plan for the City.

Site Conditions
The project site is currently occupied by the Vista Terrace of Belmont senior living community and an unoccupied skilled nursing facility building. The existing Assisted Living facility building was constructed in 1998 and consists of a 3-story building constructed into the hillside with access to 6th Avenue from the lowest level. The existing skilled nursing facility was constructed in approximately 1960 and is located adjacent to the occupied Assisted Living facility. Parking spaces are shared between the two buildings.
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1041 Hill Street - Memory Care - Staff Report
Project Description
The applicant is proposing to demolish the existing skilled nursing facility and construct a new 24,806 SF, three-story, 36-unit Memory Care facility. The proposed building would include two levels of residences over two stories of parking and resident amenity space. The Memory Care facility would be connected to the existing Assisted Living facility by a covered corridor. There are no plans to change the existing Assisted Living facility. Parking would continue to be shared between the two buildings.

Project Data (CDP/DDP Standards)
Criteria Existing PD Standards Proposed PD Standards
Use(s) Assisted Living & Convalescent
Hospital
Assisted Living & Memory Care
Lot Size 58,142 SF. No Change
Square Footage 57,191 SF. (for all buildings) 73, 469 SF. (for all buildings) FAR 0.984 FAR. (for all buildings) 1.26 FAR. (for all buildings) Height 40’ 55’
Landscaping % Approx.18.8% Approx. 19.6%
Walls & Fences As per approved 1998 DDP plans As per approved DDP plans Parking Spaces: 41 34 (12 Compact 22 Standard)
Loading Space 1 space located on 6th Ave. No Change
Bicycle Parking None 9
Setbacks
Front (6th Avenue) 0’ to 3’ 0’ to 3’
Rear (South) 11’ 6’ 15’
Side (East) 5’ 11’ 7’
Corner Street Side
(Hill Street) 19’ 6 24’ 4”
Building Design
The proposed design of the Memory Care facility building will be contemporary in design and would be similar in architecture and style as the onsite Assisted Living facility building. The proposed design of the building includes a complimentary palette of materials, colors, and recessed building walls that break up the various building planes. The proposed building would include design elements (roof gable ends and clad windows with simulated divided light) to break up the building mass.

Floor Plan Summary
The interior floor plan will include 42 Memory Care beds distributed through a mix of 30 single and six companion units. The 36-unit community will be divided into two households, with 21 residents on each level. Resident levels will have individual bathrooms in each unit with large roll-in showers, shared living and dining rooms, and hospitality style serving kitchens. The first floor of the building will provide lobby 50

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1041 Hill Street - Memory Care - Staff Report
space for visitors, salon space for residents, and a therapy suite for a 3rd party health service provider.

Kitchen service will be provided from the existing Assisted Living facility kitchen with access through the elevator and covered walkway.

Site Access & Circulation
Primary access to the site is provided via two site driveways on Hill Street. One driveway serves the lowerlevel parking and the main entrance to both buildings on site with a roundabout and drop-off area. The other driveway serves the upper-level parking and would be a secondary entrance to the Memory Care facility. The primary site entrance on the lower level currently operates as a shared-used vehicle and pedestrian driveway. The existing onsite drive aisle currently does not meet the minimum aisle width for two-way traffic. To accommodate a standard size 24-ft aisle width, the project is converting the lowerlevel standard parking spaces to compact parking spaces and reducing the width of the existing pedestrian pathway along the driveway aisle. The compact parking spaces and modification to the pedestrian pathway will accommodate a wider drive aisle that is consistent with City standards and allow additional space for vehicles to safely back out onto the drive aisle. The proposed site improvements will also provide a raised pedestrian sidewalk to separate vehicle traffic from pedestrians.

Landscaping
As mentioned previously, the project site is currently occupied by the existing senior living community and an unoccupied skilled nursing facility building. The site is currently landscaped throughout the site and along roadway frontages. New landscaping will be planted along the perimeter of the proposed memory care development. Landscape plantings have been selected for compliance with water efficiency and landscape requirements identified by the Mid-Peninsula Water District. The project landscape plans include a complete irrigation system layout with additional details for irrigation components and installation. (See Sheets L.0.0 – L.6.0 for Landscaping & Irrigation Plan details).

Tree Removal
According to the project plans, the project includes removal of a right-of-way tree1 due to direct conflicts with the site plan. A right-of-way tree is considered a protected tree in the Tree Ordinance. The Tree Ordinance indicates that for each protected tree removed, the applicant shall plant a Preferred Species tree, minimum 15-gallon size, or pay an in-lieu planting fee. The landscape plan for this project includes a (24” box size Eastern Redbud tree) Preferred Species trees meeting the Replacement tree requirement.

Thus, staff is recommending that the Tree Removal Permit be granted for the project.

Lighting
Exterior site lighting would be installed at the parking areas and along the perimeter of the proposed building site. A condition of approval has been included requiring a final lighting plan and a photometric 1 Belmont City Code Sec. 25-2. – Definitions:
• Right-of-Way Tree means a tree located in a public street right-of-way. • Protected Tree means a Principal Native Tree, a City Tree, a Replacement Tree, a Right-of-Way Tree, or a Large Diameter Tree.
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1041 Hill Street - Memory Care - Staff Report
study at the time of Building Permit submittal; a final lighting review shall occur after installation of project lighting and before final Building Permit inspection.

Emergency Access & Offsite Improvements
The project applicant has submitted and received approval from San Mateo Consolidated Fire for an Alternative Means and Methods Request (AMMR) Application for aerial apparatus access. Existing site constraints would make it infeasible to provide aerial apparatus access and perimeter building access that would meet California Fire Code requirements. San Mateo Consolidated Fire has granted the applicant’s AMMR, which includes mitigation in the form of two sets of staircases with roof access, a firefighter footpath around the building perimeter with exterior standpipes, and increased sprinkler hydraulic requirements. The project would require extending the paving, constructing retaining walls, and demolishing and reconfiguring the entry drive aisle curbs at the end of Hill Street. These improvements are necessary to allow adequate firetruck turnaround space as specified by the San Mateo Consolidated Fire Department and the guidelines provided in the 2022 California Fire Code.

Parking Analysis
The parking standards in the Belmont Zoning Code for the Memory Care use is regulated under Miscellaneous Uses that provides a parking ratio for the care of the aged or the convalescent2.

Although
the proposed Memory Care use is not an exact fit in this category it is similar in nature. Parking Ordinance Section 8.4.8 (c) includes a parking ratio that requires one (1) parking space for each four beds/residents, one (1) parking for every two (2) staff employees, and one (1) space per doctor. Based on the parking analysis provided on the project plans, a total of 50 spaces would be required between the existing assisted living community and proposed memory care land uses. The project will provide a total of 34 on-site parking spaces between the two land uses, a deficiency of 16 spaces. Planned Development Finding 5 in part states, “…that where an applicant's proposed off-street parking is less than that set forth by the standards of Section 8 of this Ordinance, circumstances are such that it would be a practical difficulty or create a physical hardship on the applicant for him to conform to the standards of Section 8. This finding is evaluated in the attached Resolution (Attachment B).

PD Parking Standards
The existing PD zoning for the site established a parking standard that requires 41 parking spaces between the two existing land uses. The site improvements from the proposed memory care facility will result in the loss of seven parking spaces (from 41 to 34 parking spaces). The loss of parking spaces is due to the reconfiguration of the site to construct the proposed fire control room, generator room, roof access stairs, solid waste, and recycling alcoves, and to provide van accessible parking, and dedicated shuttle bus parking.

Although the project provides fewer parking spaces than the existing PD parking standard and the Parking Ordinance, the loss of parking is not expected to result in any impacts to the community as future Memory Care residents will not be driving due to their medical needs; the project does expand visitor and staff parking on-site. While some tenants of the assisted living community can drive, currently only three of 2 BZO Sec. 8.4.8 (c) uses: Rest Homes, Nursing Homes, Sanitariums, Convalescent Homes or Institutions for the Aged or for Children.
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1041 Hill Street - Memory Care - Staff Report
the 68 tenants have vehicles that are parked on-site, and the remainder of the assisted living tenants rely on an on-site shuttle bus for transportation to appointments, errands, and outings organized by the facility.

The existing shuttle bus will also support the proposed memory care facility tenants. (Traffic Patterns, Traffic and Parking Analysis, February 15, 2024). In addition, nine parking spaces and one loading space in the 6th Avenue right-of-way would also be available to employees and visitors.

Bicycle Parking
No bicycle parking is currently provided on-site. The proposed site improvements include the addition of nine new bicycle parking spaces on the upper level that will serve staff and local visitors.

Traffic
A Traffic and Parking Analysis was prepared by Traffic Patterns, and peer reviewed by the City’s traffic consultant Advanced Mobility Group for the project. A copy of the traffic and parking analysis and peer reviews is included as Attachment J. The analysis includes an evaluation of the potential traffic impacts.

It was determined that the proposed project with its low trip generation3 land uses will result in six (6) less vehicle trips per day. The traffic analysis concluded that the proposed Memory Care facility will not have any significant impacts to the surrounding community (Traffic Patterns, Traffic and Parking Analysis, February 15, 2024).

Solid Waste and Recycling
Solid waste and recycling are separate from the existing Assisted Living facility and the new Memory Care facility. The Assisted Living facility has a trash collection on 6th Avenue, while the Memory Care facility will have a new dumpster area at the Hill Street access point to serve the building independently.

The project will conform to the City’s and Recology San Mateo County requirements for solid waste and recycling. The project applicant has received a will-serve letter from Recology San Mateo County, which has capacity to provide recycling, composting, and garbage services to the project.

Grading Plan
Grading estimates have been provided on Sheet C1.0 of the project plans (Title Sheet). Estimated earthwork quantities for the project include 1,570 cubic yards (CY) of cut and 280 CY of fill (1,290 CY of off haul).

Geotechnical
The applicant submitted a Geotechnical Investigation prepared by Langan Engineering dated January 5, 2023. A copy of the geotechnical investigation is included as Attachment G. The report was peer-reviewed by the City’s Consulting Geologist in a letter dated March 15, 2023. The City Geologist’s recommendations for plan review and construction inspections are included in the conditions of project approval. As mentioned earlier, supplemental geotechnical information addressing Seismic Hazards Mapping Act (SHMA) map criteria were provided by the City Consulting Geologist for the project. A copy of the letters is also included in Attachment G.
3 Trip Generation is a measure of how many vehicle-trips a site generates over a typical weekday during the AM and PM commute periods of the day.
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1041 Hill Street - Memory Care - Staff Report
Permanent Encroachment Permit
As part of the project, retaining walls and other offsite improvements are proposed within the Hill Street right-of-way and require a Permanent Encroachment Permit. The project would include constructing retaining walls and demolishing and reconfiguring the entry drive aisle curbs within the Hill Street rightof-way. The improvements are necessary to allow adequate firetruck turnaround space as specified by the San Mateo Consolidated Fire Department and the guidelines provided in the 2022 California Fire Code.

At their August 20, 2024, meeting, the Planning Commission adopted a resolution recommending City Council approval of the Permanent Encroachment Permit. As conditioned, the applicant must obtain a Permanent Encroachment Permit from the Public Works Department prior to starting any work within the public street right-of-way. In addition, the applicant will be responsible for coordinating with the Public Works Department to execute a Permanent Encroachment Agreement for the proposed retaining walls / improvements within the Hill Street right-of-way prior to final acceptance of the required improvements.

Applicability of CEQA Categorical Exemption
Per Section 21084 of the Public Resources Code, the CEQA Guidelines includes a list of classes of projects which have been determined not to have a significant effect on the environment and are exempt from the provisions of CEQA. CEQA Guidelines Section 15332 In-Fill Development Projects, or Class 32, consists of projects characterized as in-fill development meeting the conditions described below:
(a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. (b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses.
(c) The project site has no value as habitat for endangered, rare or threatened species. (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.
(e) The site can be adequately served by all required utilities and public services.

The project qualifies as Categorically Exempt under the California Environmental Quality Act (CEQA), Section 15332 (“In-Fill Development Projects”) because it is characterized as an in-fill development which is consistent with the applicable General Plan and zoning designation; is on a project site that is less than five acres; contains no value as habitat for endangered, rare, or threatened species; would not result in any significant effects relating to traffic, noise, air quality, or water quality; and the site can adequately be served by all required utilities and public services.

Based on the information and analysis provided in the Categorical Exemption CEQA documentation in Attachment IV, the proposed project qualifies for an exemption under CEQA Section 15332, In-Fill Development Projects.
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1041 Hill Street - Memory Care - Staff Report
Conclusion and Next Steps
The action before the City Council includes conducting a public hearing and introduction of the 1 st reading
of the Planned Development Amendment and Conceptual Development Plan Ordinance. Staff recommends that the City Council consider the project entitlements and CEQA exemption and, adopt the resolutions approving the entitlements at the time of the 2 nd reading of the Ordinance, currently scheduled
for October 8, 2024, City Council meeting.

Alternatives

1. Direct staff to prepare resolutions based on findings provided by the City Council to deny the entitlement applications.

2. Continue the matter and direct staff to prepare an alternative course of action.

3. Refer back to staff for additional information.

Attachments
A. Ordinance of a Planned Development Zone Amendment and adopting a Conceptual Development Plan (CDP).

B. Resolution approving a Detailed Development Plan, Conditional Use Permit, Design Review, Grading Permit and Tree Removal Permit.

C. Resolution finding the project is exempt from environmental review per Guidelines 15332, (In-Fill Development Projects) of the California Environmental Quality Act (CEQA) - Exhibit B D. Conditions of Project Approval - Exhibit A
E. CEQA Categorical Exemption (Section 15332 In-Fill Development Projects) - Exhibit B F. Planning Commission Staff Report and Resolution (No.2024-0019) – October 19, 2021 Agenda 7.C Public Hearings
G. Geotechnical Investigation/Peer Review and Seismic Hazards Map Act (SHMA) Response Letters H. Technical Reports and Will Serve Letters
I. Technical Reports and Will Serve Letters
J. Project Plans
K. Neighborhood Outreach & Public Comments
L. 300/500 Foot Radius Map
Fiscal Impact
☒ No Fiscal Impact
There is no direct fiscal impact in the consideration of this item.

Fees collected from the project are accounted for in the Development Services Fund.

Source: Purpose: Public Outreach:

Staff Discretionary Action Posting of Agenda
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ORDINANCE NO. 2024 –

AN ORDINANCE OF THE CITY OF BELMONT AMENDING AN EXISTING

PLANNED DEVELOPMENT ZONED PROPERTY AND ADOPTING A

CONCEPTUAL DEVELOPMENT PLAN TO CONSTRUCT A NEW MEMORY CARE FACILITY AT 1041 HILL STREET (APPL. NO. 2023-0006)
WHEREAS, ERDMAN, applicant, on behalf of GAHC4 BELMONT CA ALF LLC, property owner, filed an application for a Planned Development Zone Amendment, and to adopt a Conceptual Development Plan to construct a 24,806 square foot Memory Care facility building, landscaping, and ancillary improvements (the “Project”) on the property, application number 2023-0006; and,
WHEREAS, in conjunction with the Project, the Application also requests approval of a Conditional Use Permit, Detailed Development Plan for a Design Review, Grading Permit and Tree Removal Permit for a Planned Development (PD); and, WHEREAS, on August 20, 2024, the Planning Commission held a duly noticed public hearing to consider public testimony and a staff report for the project, and recommended that the City Council approve the Planned Development Zone Amendment and requested entitlements; and,
WHEREAS, on September 24, 2024, the City Council held a duly noticed public hearing to consider the Planning Commission’s recommendation, public testimony, and a staff report on the requested entitlements; and,
WHEREAS, on September 24, 2024, at the conclusion of the public hearing, the City Council introduced the 1st reading of the Planned Development Amendment & Conceptual Development Plan (CDP) Ordinance; and,
WHEREAS, the City Council did hear and use its independent judgment in considering all reports, recommendations and testimony associated with the project.

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

SECTION 1. CONCEPTUAL DEVELOPMENT PLAN, ZONING AND GENERAL PLAN CONSISTENCY FINDING:

The objectives of the City’s zoning regulations are stated in Section 1.1 of the Zoning Code:

Section 1.1 Purpose—The following regulations for the zoning of the land within the City are hereby adopted to promote and protect the public health, safety, peace, comfort, convenience, and general welfare, and to provide a precise guide for the physical development of the City.

In determining the appropriateness of the requested zoning amendment (and whether it is required), the central issue is consistency with the General Plan. To determine that consistency, 56

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applicable goals, and policies of the Belmont General Plan must be considered in light of this proposal. The City Council determines that such goals and objectives are achieved by the proposed Conceptual Development Plan (CDP) and the proposed Planned Development Zone Amendment.

The General Plan designates the project site as Institution, and the requested development does not change that current designation. The General Plan policies analysis in the CEQA Categorical Exemption document” set forth in Attachment E, Exhibit “B to the September 24, 2024 staff report to the City Council provides the consistency analysis with the proposed PD Zone Amendment.

Therefore, the City Council finds that the proposed zoning designation amendment for the subject property is consistent with the objectives of the City’s Zoning Plan and General Plan.

SECTION 2. LEGISLATIVE FINDINGS:

The City Council finds that the proposed Planned Development Zone Amendment for the subject property is consistent with the objectives of the Zoning Plan and the General Plan. a) The recitals above are true and correct.
b) After reviewing all the relevant evidence before the City Council, including the information provided in the staff reports and enclosures to the Planning Commission and City Council, the public hearings and testimony received, the City Council incorporates herein by reference and adopts the analysis and findings in the staff report to the City Council dated September 24, 2024, as its own findings of fact under Belmont Zoning Ordinance Sections 12.3.B and 16.1.2(d)(1-2) related to the Planned Development Zone Amendment and the Conceptual Development Plan. c) Based on the evidence before the City Council, the City Council finds the proposed Planned Development Zone Amendment of the property located at 1041 Hill Street (APN: 045-152-540 & 045-152-570) and adoption of the proposed Conceptual Development Plan are consistent with the General Plan, and is required to achieve the objectives of the Zoning Ordinance and General Plan for the City. 57

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SECTION 3. PLANNED UNIT DEVELOPMENT:
a) The Planned Development Zone Amendment and Conceptual Development Plan for assisted living and memory care land uses is approved based on the findings set forth herein and subject to the Conditions of Approval set forth in Exhibit “A” Attachment D to the September 24, 2024 staff report to the City Council, which are made a part of Attachment “1” to this Ordinance and attached hereto, and adopting Attachment “2” to this ordinance as the Conceptual Development Plan for the district.

SECTION 4. EFFECTIVE DATE:
a) This Ordinance takes effect 30 days after its adoption. * * *
INTRODUCED September 24, 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
58 Attachment “1”
Ordinance No. 2024 –
Conceptual Development Plan (CDP)
Memory Care Development - 1041 Hill Street
(Appl. No.PA2023-0006)
PROJECT CONDITIONS – PLANNED DEVELOPMENT ZONE AMENDMENT,

CONCEPTUAL DEVELOPMENT PLAN, DETAILED DEVELOPMENT PLAN,

CONDITIONAL USE PERMIT, GRADING PERMIT, DESIGN REVIEW, TREE REMOVAL PERMIT AND ENCROACHMENT PERMIT AT 1041 HILL STREET APN: APN 045-152-540 & 045-152-570 (APPL. NO. PA2023-0006)
I. COMPLY WITH THE FOLLOWING CONDITIONS OF THE COMMUNITY DEVELOPMENT DEPARTMENT:

Planning Division

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

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

This indemnification and hold harmless agreement applies to all damages and claims for damages suffered or alleged to have been suffered by reason of the operations referred to in this condition, regardless of whether or not City prepared, supplied, or approved plans or specifications for the Property, but does not apply to damages and claims for damages caused 59 Conditions of Approval
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by City with respect to public improvements and facilities after City has accepted maintenance responsibility for them.

3. The Detailed Development Plan shall be consistent with the following design standards, which are derived from the plans on file and dated 5/21/24. a. Maximum Floor Area: 73,469 sq. ft. (for all buildings) as indicated on project plans dated 5/21/2024.
b. Floor Area Ratio: Entire PD – 1.26 and as indicated on project plans dated 5/21/24. c. Minimum Setbacks and Building Separations: Setbacks from the property lines and separations between buildings shall be no less than shown on the plans date stamped dated May 21, 2024 in the subject file.
d. Maximum Building Height: 55’ as indicated on project plans dated 5/21/24. e. Off-Street Parking: 34 (12 Compact 22 Standard). Parking spaces shall consist of one ADA accessible space and one ADA van accessible space.

4. Aesthetics
a. Except as modified by these conditions of approval, or as required by subsequent project review, the Building Permit Plans shall be consistent with the approved Planning Plans, dated 5/21/24 and inclusive of the architectural drawings (Sheets G001 through G006, Sheets AD100 through AD200, Sheets AS100 through AS102, Sheets A100 through A342 & Sheets P101 through P202); Civil Engineering Plans (Sheets C1.0 through C9.0); Landscape Plans (Sheets L-0.0 through L-6.0); and Electric Photometric Lighting Plan (Sheet EP100).
b. Installation of roof mounted mechanical equipment shall be consistent with the Roof Plan (Sheet A1014) and Mechanical Screen Diagrams (Sheet G112) as shown on the project plans dated 5/21/24. Roof mounted equipment shall be placed behind the parapet of the building’s roofline as not to be visible from surrounding vantage points at or below the highest point of the equipment.
c. Ground Equipment Screening. All exterior trash, recycling, and storage utility boxes, wood service poles, and electric and gas meters must be screened from visibility from the surrounding public vantage points (right-of-way, public trails, open space, and parks). Said screening must incorporate the same architectural design, colors, and materials as the main building on site.
d. Exterior building materials shall be consistent with Elevation Drawing and submitted materials sheets A200 through A202, dated 5/21/24, except for minor modifications approved by the Community Development Department, or as modified via an approved Design Review Amendment.
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e. The plans submitted for a Building Permit shall include: a) a plan sheet that includes all project conditions of approval; b) boxed-out floor plans demonstrating that the proposed Memory Care facility building would not exceed the maximum floor area permitted for the project.
f. The plans submitted for a Building Permit shall include a final lighting plan and a photometric study. All exterior lighting shall employ the use of cut-off fixtures to restrict the direction of the light in accordance with City standards. Lighting should be the minimum required for safety, but not result in undue glare off site. There shall be no floodlighting of landscape plantings, the memory care building, courtyards, or patios/decks. To ensure consistency with city standards for lighting and compliance with the submitted photometric plan, a final lighting review shall occur after installation of project lighting and before final Building Permit inspection.

5. Air Quality
a. Pursuant to GP EIR Mitigation Measure AQ-1, the applicant shall require their contractors, as a condition of contract, to further reduce construction-related exhaust emissions by ensuring that all off-road equipment greater than 50 horsepower (hp) and operating for more than 20 total hours over the entire duration of construction activities shall operate on an EPA-approved Tier 4 or newer engine. Exemptions can be made for specialized equipment where Tier 4 engines are not commercially available within 200 miles of the project site. The construction contract must identify these pieces of equipment, document their unavailability, and ensure that they operate on no less than an EPA- approved Tier 3 engine. ARB regulations will result in the percentage of Tier 4 engines increasing over the next several years.
b. Pursuant to GP EIR Mitigation Measure AQ-2, the applicant shall require their contractors, as a condition of contract, to reduce construction-related exhaust emissions by ensuring that all off-road equipment greater than 50 horsepower (hp) and operating for more than 20 total hours over the entire duration of construction activities shall operate on renewable diesel (such as Diesel high performance renewable). Renewable diesel is currently commercially available in San Francisco Bay Area. c. Pursuant to GP EIR Mitigation Measure AQ-3, the applicant shall require their contractors, as a condition of contract, to reduce construction-related fugitive ROG emissions by ensuring that low-VOC coatings that have a VOC content of 10 grams/liter (g/L) or less are used during construction. The project applicant will submit evidence of the use of low-VOC coatings to BAAQMD prior to the start of construction.
d. Require Fugitive Dust Best Management Practices. All applicants proposing development of projects within Belmont shall require their contractors, as a condition of contract, to reduce construction-related fugitive dust by implementing BAAQMD’s basic control measures at all construction and staging areas. The following measures are based on BAAQMD’s current CEQA guidelines:
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i. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. ii. All haul trucks transporting soil, sand, or other loose material off-site shall be covered.
iii. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
iv. All vehicle speeds on unpaved roads shall be limited to 15 miles per hour (mph). v. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
vi. Post a publicly visible sign with the telephone number and the name of the person to contact at the lead agency regarding dust complaints. This person will respond and take corrective action within 48 hours. The phone number of the District will also be visible to ensure compliance.
e. Pursuant to GP EIR Mitigation Measure AQ-5, the developer(s) shall provide education for residential and commercial tenants concerning green consumer products. Prior to receipt of any certificate of final occupancy, the project sponsors shall work with the City of Belmont to develop electronic correspondence to be distributed by email to new residential tenants that encourages the purchase of consumer products that generate lower than typical VOC emissions. Examples of green products may include low-VOC architectural coatings, cleaning supplies, and consumer products, as well as alternatively fueled landscaping equipment.
f. The applicant must require their contractors, as a condition of contract, to reduce construction-related exhaust emissions by implementing following measures during construction related activities:
i. Idling times must be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations). Clear signage must be provided for construction workers at all access points.
ii. All construction equipment must be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment must be checked by a certified mechanic and determined to be running in proper condition prior to operation. 62 Conditions of Approval
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g. The applicant must require their contractors, as a condition of contract, to reduce construction-related fugitive ROG emissions by ensuring that paints and solvents have a VOC content of 100 grams per liter or less for interior surfaces and 150 grams per liter or less for exterior surfaces.

6. Green House Gases
a. A minimum of 10% of the construction materials shall be acquired (sourced) within 100 miles of the planning area. Documentation shall be provided before the final building permit inspection.
b. A minimum of 65% of the construction waste generated by this project shall be recycled or salvaged for use. Documentation shall be provided before the final building permit inspection. Sample forms located https://www.hcd.ca.gov/ may be used to assist in documenting compliance.
c. Prior to the start of construction for the Building Permit, the applicant shall provide documentation (i.e., construction contracts or signed agreements) demonstrating that all contractors and subcontractors agree to operate all off-road equipment greater than 50 horsepower (hp) and operating for more than 20 total hours over the entire duration of work on renewable diesel (such as Diesel high performance renewable).

7. Cultural Resources
a. Prior to the start of construction for the Building Permit, the applicant shall demonstrate that construction crews have proper training for the discovery, handling and retention methods for paleontological, archeological and/or cultural resources found at the project site. Project personnel should not collect cultural resources.

Prehistoric resources include: chert, or obsidian flakes, projectile points, mortars and pestles, dark, friable soil containing shell and bone dietary debris, heat- affected rock, or human burials. Historic resources include: stone or adobe foundations or walls, structures and remains with square nails, and refuse deposits or bottle dumps. b. In the event that paleontological, archaeological, and/or cultural resources are encountered during construction activities, all construction activity in the area of the find shall be halted, and the Community Development Director shall be notified; an archaeologist shall examine the find and make appropriate recommendations. A plan for the mitigation of impacts to the resources will be prepared and submitted to the City of Belmont for approval. Additional CEQA review may be required depending upon the evaluation of the find.
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8. Human Remains
a. If any human remains are discovered or recognized in any location on a project site, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until:
o The San Mateo County Coroner/Sheriff has been informed and has determined that no investigation of the cause of death is required; and, o If the remains are of Native American origin:
a. The descendants of the deceased Native Americans have made a recommendation to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains, and any associated grave goods as provided in Public Resources Code Section 5097.98; or
b. The Native American Heritage Commission was unable to identify a descendant, or the descendant failed to make a recommendation within 24 hours after being notified by the commission.

9. Noise Standard Conditions
a. Noise Control Plan. The applicant must prepare and implement a noise control plan.

Said plan must incorporate the noise reduction measures identified in the Noise and Vibration assessment prepared for the project by Illingworth & Rodkin, Inc, and the City standard construction noise COAs required for all projects, identified below. b. Noise Coordinator. Prior to construction activities, the project applicant or contactor shall designate a “Construction Noise Coordinator” who would be responsible for responding to any local complaints about construction noise. The Construction Noise Coordinator shall determine the cause of the complaint and shall require that reasonable measures warranted to correct the problem be implemented. The telephone number for the Construction Noise Coordinator must be conspicuously posted at the construction site. Prior to construction activities, the project applicant or contactor shall notify adjacent residents of the construction schedule in writing and provide them with the contact information of the Construction Noise Coordinator. c. Notice. The applicant shall notify property owners within 300 feet of the project site two weeks prior to the initiation of construction activities on site. A schedule of construction activities, contact phone number for the Noise Coordinator, and a copy of the noise control plan shall be included with this notice. d. Grading & Building Noise. The applicant must ensure that the following preventative and monitoring measures are enforced during grading and building operations:
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i. Limit construction activity to the hours listed in the City Noise Ordinance. (8:00 am to 5:00 pm on weekdays, 10:00 am to 5:00 pm on Saturdays, no construction activity on Sundays and holidays). Exceptions to these hours may be approved by the Building Official though the standard City process. ii. Schedule highest noise-generating activity and construction activity away from noise- sensitive land uses.
iii. Equip internal combustion engine-driven equipment with original factory (or equivalent) intake and exhaust mufflers which are maintained in good condition. iv. Prohibit and post signs prohibiting unnecessary idling of internal combustion engines.
v. Locate all stationary noise-generating equipment such as air compressors and portable generators as far as practicable from noise-sensitive land uses. vi. Utilize “quiet” air compressors and other stationary equipment where feasible and available.
e. Noise Barrier Standards. When noise barriers are required or proposed, their design and placement must be reviewed and approved by the project noise consultant, prior to issuance of grading or building permits. These barriers must be installed prior to grading and excavation activities and must be inspected by the project noise consultant to ensure that it has been properly constructed/installed. The barrier must remain in place for the duration of grading and excavation activities, unless approved for removal by the noise consultant to allow work at that location. f. Engine Noise. Prior to issuance of grading or building permits, the applicant must demonstrate that a condition of contract of all contractors and subcontractors requires the use of internal combustion engine-driven equipment with original factory (or equivalent) intake and exhaust mufflers, which are maintained in good condition.
g. Equipment Noise. Prior to issuance of grading or building permits, the applicant must demonstrate that a condition of contract of all contractors and subcontractors requires the use of “quiet” air compressors and other stationary equipment. If the applicant demonstrates that the use of quiet air compressors and other stationary equipment is not feasible, moveable sound barriers or portable sound huts must be used for noise mitigation.
h. Operation. The Project Noise Consultant shall conduct an acoustic analysis of all mechanical and HVAC equipment proposed with the final building permit plans. The results of the analysis and design recommendations to ensure compliance with the City’s Noise Ordinance shall be summarized by the Consultant in a letter submitted 65 Conditions of Approval
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with the building permit plans. The consultant’s recommendations shall be incorporated into the building plans, prior to issuance of a building permit. i. Noise Impacted Locations. All new development that would be exposed to noise greater than the “normally acceptable” noise level range, and residential and other noise-sensitive land uses within the 65 dB contours, as shown in [BVSP] Figure 6-6d are required to reduce interior noise through design, sound insulation, or other measures to achieve an interior noise level of not more than 45 dBA. At minimum, the following is required:
i. A detailed acoustical analysis of the project must be completed by a qualified acoustical consultant to define the measures required such that the interior noise level requirements are satisfied.
ii. Prior to issuance of a Building Permit, the project noise consultant must certify in writing that the submitted Building Plans include all required noise reduction recommendations specified in the detailed acoustical analysis (i.e., construction methods, increased insulation, noise baffling, etc.) to reduce interior noise levels below the City and State level of 45 dB. iii. The final project design must include a suitable form of forced-air mechanical ventilation, as determined by the local building official, for all residential units so that windows can be kept closed at the occupant’s discretion to control interior noise and achieve the interior noise standards.

10. Construction Vibration Standard Conditions
a. After obtaining permission from the subject property owners, the applicant must conduct preconstruction photo surveys of foundation/building wall cracks in adjacent structures and install vibration monitors at any sensitive receptor sites identified in the project Vibration Assessment (structures located within 20 feet of construction).

The applicant must submit a copy of the photo survey and written confirmation from the Project Acoustic Consultant that all required monitors have been installed and inspected, and that they meet the consultant’s specifications, prior to issuance of grading or building permits.
b. The applicant must designate a person responsible for registering and investigating claims of excessive vibration. The contact information of such person shall be clearly posted on the construction site.
c. Neighboring property owners within 300 feet of the project site must be noticed of the construction activities and construction schedule (including estimated dates of various construction phases) at least two weeks prior to the start of construction.
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d. The applicant must ensure that the preventative and monitoring measures identified in the Vibration Assessment are enforced during grading and building operations. The applicant must demonstrate that all project construction personnel have been made aware of these measures, prior to issuance of a grading or building permits. On-site identification of any buffer distances between construction (i.e., vibratory rollers, excavators, backhoes, etc.) and adjacent structures (structures located within 20 feet of construction) that are specified in the Vibration Assessment must occur prior to grading operations.
e. Vibration monitors shall be placed at the sensitive receptors (structures located within 20 feet of construction) to monitor construction activities and make sure the project thresholds are met. Real-time alerts must be sent to the Contractor in case of near threshold vibration levels or in case of threshold exceedances. In case of exceedances, work must stop, and the source of the exceedance must be identified, and the required mitigation measure should be incorporated. f. Building structures near the project (structures located within 20 feet of construction) must be periodically checked for cracks, and any cracks must be monitored. If minor cracks are reported or existing cracks propagate, vibration project action levels must be restricted.
g. Whenever possible, construction or equipment activity generating relatively high levels of vibration must not occur at the same time and shall be spaced as far apart in time as possible from one another. In general, the most severe activities must be reserved for the middle of the day (noon). If activities must occur simultaneously, they shall be performed as far away from one-another as possible within the construction zone.
h. All deliveries of material and equipment must occur during daytime hours, including queueing of construction vehicles outside the site. Vehicles delivering materials and equipment must be operated in strict conformance with regulations established by the United States Department of Transportation and all State and Local requirements. All materials and equipment must be stored on-site and within the confines of the construction barricades.
i. Stationary and portable construction equipment must be located at positions where the noise/vibration impact to nearby noise/vibration-sensitive receptors is minimal.

At times where the equipment cannot be positioned at a minimal noise/vibration impacting location, mitigation devices shall be implemented, as determined by the Project Acoustic Consultant, or designated Vibration Monitor. j. After construction activities are complete, the applicant must conduct a postconstruction photo survey of previously surveyed buildings (structures located within 20 feet of construction) for foundation /building wall cracks. The post construction survey, and a summary letter of any resulting actions taken (repairs or 67 Conditions of Approval
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restitutions) must be provided to the Community Development Department, prior to final building permit inspection.

11. Construction Vibration Reduction and Monitoring
a. A construction noise logistics plan shall be prepared that specifies hours of construction, noise and vibration minimization measures, posting or notification of construction schedules, and designation of a noise disturbance coordinator who would respond to neighborhood complaints will be required to be in place prior to the start of construction and implemented during construction to reduce noise impacts on neighboring residents and other uses. Project construction operations shall use best available noise suppression devices and techniques including, but not limited to the following:
i. Pursuant to the Municipal Code, restrict noise-generating construction activities to the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday and 10:00 a.m. to 5:00 p.m. on Saturdays. No construction activity or related activities shall be allowed outside of the aforementioned hours or on Sundays and Holidays. ii. Construct solid plywood fences around ground level construction sites adjacent to residences, or other noise-sensitive land uses. A temporary 10- to 12-foot noise barrier would provide 5 to 6 dBA attenuation for adjacent sensitive land uses when construction activities occur at the ground level. iii. Erect a temporary noise control blanket barrier, where feasible, at the property line or on scaffolding just outside the proposed buildings facing the adjoining residences to the west during construction to control construction noise when activities do not occur at the ground level. The temporary noise control blanket barriers shall be installed at residences nearest to the active construction activities only.
iv. A temporary noise control blanket barrier could be erected, if necessary, along building facades facing construction sites. This mitigation would only be necessary if conflicts occurred which were irresolvable by proper scheduling.

Noise control blanket barriers can be rented and quickly erected. v. Equip all internal combustion engine-driven equipment with intake and exhaust mufflers that are in good condition and appropriate for the equipment. vi. Prohibit unnecessary idling of internal combustion engines. vii. Locate stationary noise-generating equipment such as air compressors or portable power generators as far as possible from sensitive receptors. Construct temporary noise barriers to screen stationary noise-generating equipment when located near adjoining sensitive land uses. Any enclosure openings or venting shall face away from sensitive receptors.
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viii. Locate material stockpiles, as well as maintenance/equipment staging and parking areas, as far as feasible from residential receptors. ix. Utilize “quiet” air compressors and other stationary noise sources where technology exists.
x. Control noise from construction workers’ radios to a point where they are not audible at existing residences bordering the project site. xi. Construction staging areas shall be established at locations that will create the greatest distance between the construction-related noise sources and noisesensitive receptors nearest the project site during all project construction. xii. Notify all adjacent business, residences, and other noise-sensitive land uses of the construction schedule, in writing, and provide a written schedule of “noisy” construction activities to the adjacent land uses and nearby residences. xiii. Designate a “disturbance coordinator” who shall be responsible for responding to any complaints about construction noise. The disturbance coordinator shall determine the cause of the noise complaint (e.g., bad muffler, etc.) and shall require that reasonable measures be implemented to correct the problem.

Conspicuously post a telephone number for the disturbance coordinator at the construction site and include it in the notice sent to neighbors regarding the construction schedule.
b. Wherever feasible, operation of vibration inducing equipment shall be avoided within the distance to existing buildings specified below:
o Clam shovel drop – 18 ft.
o Hydromill (slurry wall) in soil – 1 ft.
o Hydromill (slurry wall) in rock – 2 ft.
o Vibratory Roller – 19 ft.
o Hoe Ram – 9 ft.
o Large bulldozer – 9 ft.
o Caisson drilling – 9 ft.
o Loaded trucks – 8 ft.
o Jackhammer – 4 ft
o Small bulldozer - <1 ft.
c. If the above equipment must operate closer to existing buildings than specified above, a vibration monitoring plan shall be prepared, submitted to the City, and implemented to monitor construction vibration at the nearest structures, including at a minimum the following:
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i. A list of all heavy construction equipment to be used for this project known to produce high vibration levels (e.g., tracked vehicles, vibratory compaction, jackhammers, hoe rams, clam shovel drop, and vibratory roller, etc.). ii. An indication of what efforts will be implemented for reducing vibration levels below the thresholds, such as location of equipment away from adjacent building as possible and use of alternative methods or equipment that would produce less vibration.
iii. A designated contact responsible for registering and investigating claims of excessive vibration. The contact information of such person shall also be clearly posted on the construction site. Any damage to adjacent buildings shall be addressed by the applicant team.
iv. Document conditions at all structures located within 20 feet of construction prior to, during, and after vibration-generating construction activities. Perform a photo survey, elevation survey, and crack monitoring survey prior to any construction activity, at the end of each phase of construction, and after project completion, and shall include internal and external crack monitoring in structures, settlement, and distress, and shall document the condition of foundations, walls and other structural elements in the interior and exterior of said structures. If vibration generated by project construction results in damage to adjoining structures, repairs shall be completed to restore structures to pre-construction conditions.

12. Nesting Birds & Roosting Bats – Preconstruction Surveys a. To minimize potential impacts on nesting raptors, the applicant shall either: 1) Avoid construction activities (i.e., tree pruning, tree removal, tree protection work, demolition, grading, and construction) during the active nesting season (between February 1, and August 31); or 2) Conduct pre-construction surveys for nesting raptors and provide appropriate buffer zones, if construction has the potential to impact nesting birds.
b. Pre-construction surveys shall be conducted by a qualified biologist or ornithologist in order to ensure that no raptor nests will be disturbed during project implementation.

This survey will be conducted no more than 15 days prior to the initiation of construction activities during the early part of the breeding season (February through April) and no more than 30 days prior to the initiation of these activities during the late part of the breeding season (May through August). During this survey, the biologist will inspect all trees in and immediately adjacent to the impact areas for raptor nests.

If an active raptor nest is found close enough to the construction area to be disturbed by these activities, the ornithologist, in consultation with the California Department of Fish and Wildlife Service, will determine the extent of a construction-free buffer zone to be established around the nest.
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c. A qualified biologist shall visually inspect trees to be removed for bat roosts within 7 days prior to their removal. The biologist will look for signs of bats including sightings of live or dead bats, bat calls or squeaking, the smell of bats, bat droppings, grease stains, or urine stains around openings in trees or structures, or flies around such openings. Trees with multiple hollows, crevices, forked branches, woodpecker holes or loose and flaking bark have the highest chance of occupation and shall be inspected the most carefully.
d. If signs of bats are detected, CDFW should be contacted about how to proceed. Echolocation surveys may be needed to verify the presence of bats, or an exclusion zone around the occupied tree may be recommended until bats leave the roost. Due to restrictions of the California Health Department, direct contact by workers with any bat is not allowed. The qualified bat biologist shall be contacted immediately if a bat roost is discovered during project construction.

13. Tree Protection
a. The applicant shall implement the Tree Protection Guidelines identified on the project Landscape Plans (Demolition Notes Sheet L-0.1).

Clearing & Grubbing: Clear and grub two the limits of work per specifications taking care to not disturb the root system of existing trees to remain. i. Existing Trees to Remain: Existing trees to remain shall be pruned under the direction of a certified arborist in accordance with International Society of Arboricultural (ISA) guidelines prior to beginning of construction. During construction, fencing shall be installed at the drip line of all existing trees to remain per arborist and tree protection plan. All excavation within the drip lines of existing trees to remain shall be done by hand with care taken not to damage the root system of these trees. The contractor shall be responsible for watering and ensuring the health of the trees to remain. Do not water California native oak trees to remain during the dry season (April – October). b. Prior to issuance of a grading or building permit, the applicant must submit written confirmation that all tree protection measures, and pre-construction treatments have been installed and inspected, and that they meet the specifications shown tree protection plan (Sheet L-0.1).
c. Tree protection devices are to remain until all site work has been completed within the work area.
d. If unplanned or unapproved tree injuries or tree removals occur during project construction, the applicant shall contact City Planning Staff. Additional permits may be required.
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e. After completion of exterior construction work and before final building permit inspection, the applicant shall submit a final written report/letter from the Project Landscape Architect or Arborist. Said report/letter must provide an evaluation of the construction impactsto the subject tree’s health orstructural stability and must identify any additional provisions that may be required to these address impacts. The applicant is responsible to implement these recommendations. A final report may be required on the effectiveness of the measures.

14. Tree Removal Fees
a. The applicant shall pay a removal fee in accordance with the fee schedule for all regulated trees being removed due to direct/indirect conflicts with proposed work/site plan.

15. Electric Vehicle Charging Stations
a. Signage. Any required electrical vehicle charging station must be clearly marked with a sign reading “Electrical Vehicle Charging Station” and the associated California Vehicle Code restrictions, and only a vehicle that is connected. b. Equipment. Any required electrical vehicle charging stations must be wired for a minimum of 240 volts and 32 amps, designed to allow for future provision of higher amperage conduit, equipped with electrical outlets, and may also be equipped with card readers, controls, connector devices and other equipment, as necessary for public use.

16. Geotechnical Conditions
a. Geotechnical Plan Review - The GEOR should review the geotechnical aspects of the completed project civil and architectural drawings and provide a professional certification letter to the City. In addition, the GEOR should review the completed structural plans and calculations for the new construction for conformance to his geotechnical recommendations, provide supplemental recommendations as necessary, and also provide a professional certification letter to the City to that effect. b. In addition to responding to the above items, following geotechnical approval for development, the GEOR should perform the following during and at the completion of construction:
i. Geotechnical Construction Observation and Testing - The GEOR should be retained to observe the geotechnical and foundation aspects of the construction.

The GEOR should observe foundation excavations and based on their observations, confirm that adequate embedment has been achieved in supporting materials judged to be competent supporting material. In addition, the GEOR should prepare and submit at the completion of project construction a final report that addresses the following items.
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ii. Summary of earthwork operations, including temporary shoring and dewatering, subgrade preparation, earthwork construction, and site drainage and subdrainage installations, as applicable.
iii. Recording of test locations and results of field and laboratory compaction tests where testing is determined to be appropriate by the project geotechnical engineer.
iv. Building foundations, including observation of foundation supporting materials, and confirmation of supporting materials with respect to the geotechnical engineer's recommendations.
v. Site and subsurface drainage, including finish grading around the building, and discharge of collected surface and subsurface water to appropriate discharge facilities.
c. The applicant must adequately submit to the City prior to the issuing of the building permit the supporting data, analysis, and documentation including fill material specifications for the sustenance of the conclusions and the recommendations stated in the geotechnical engineering report and for satisfying the criteria for approval of a project within a seismic hazard zone. As a guide, Special Publication 117 (SP 117) by the California Department of Conservation, Division of Mines and Geology in 1997, provides general considerations for the earthquake hazard evaluation and mitigation, including seismic slope stability (SCEC, 2002).

17. Airport Hazards
a. The project is subject to the requirements of the Federal Aviation Administration outlined in a letter dated March 11, 2024, including but not limited to the following:
i. The manager of San Carlos Airport (SQL) be notified at (650) 573-3700 at least three business days prior to the temporary structure being erected and again when the structure is removed from the site. It is required that the manager of SQL Air Traffic Control Tower be notified at 650-591-8051 at least three business days prior to the temporary structure being erected and again when the structure is removed from the site.
ii. The applicant or a designated representative must provide contact information for the onsite operator in the event that Air Traffic Control requires the temporary structure to be lowered immediately.
iii. Federal Aviation Administration determination letter for temporary structures expires on 09/11/2025 unless extended, revised, or terminated by the issuing office.
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18. Mid-Peninsula Water District
a. The applicant shall demonstrate that the final landscape plan has been reviewed and approved by the Mid-Peninsula Water District (MPWD) prior to the issuance of a Building Permit and is consistent with MPWD’s Water Efficient Landscape Ordinance (WELO), prior to installation of landscaping. A post installation certification from MPWD is also required prior to final Certificate of Occupancy. Contact the MPWD Water Resource Coordinator (650) 591-8941 or [email protected] for more information.

19. Impact Fees
a. The applicant/developer agrees to pay all applicable regulatory, connection, and including plan check, building permit, tree removal permit, Maintenance, Sewer Impact and Sewer Connection Fees, as specified by each respective City Ordinance or the City's Master Fee Schedule.
b. Park Impact Fees - Prior to issuance of Building Permit, the applicant must pay all required Park Impact Fees.
c. Transportation Impact Fees - Prior to issuance of Building Permits, the applicant must pay all required Transportation Impact Fees (TIF).
d. Affordable Housing Impact Fee - Prior to issuance of Building Permits, the applicant must pay all required Affordable Housing Impact Fees.
e. Public Art Requirement (Belmont City Code Sec. 17-128) - The City has a development standard that requires non-residential and mixed-use development involving 10,000 square feet or more of new floor area to devote an amount not less than 1% of building development costs for acquisition and installation of public art on the development site. For projects that do not include public art on the development site, developers can meet this obligation by either: 1) by acquiring and installing freely accessible art on city property or in the public right of way; or 2) providing an in-lieu contribution (payment) to the City for acquisition and placement of public art in the city not less than 1%.

20. Building Division
a. Prior to any construction, the applicant or a designated representative shall obtain all of the required building permits for the project. The applicant will be required to provide a construction and demolition-recycling plan as a condition of the building permit. The Building Department will inspect for compliance with this plan. The conditions of approval for this permit also require the applicant to perform all work in conformance with the NPDES requirements.
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b. All construction and related activities which require a City building permit shall be allowed only during the hours of 8:00 a.m. to 5:00 p.m. Monday through Friday, and 10:00 a.m. to 5:00 p.m. on Saturdays. No construction activity or related activities shall be allowed outside of the aforementioned hours or on Sundays and the following holidays: New Year’s Day, Dr. Martin Luther King, Jr. Day, President’s Day, Memorial Day, 4th of July, Labor Day, Thanksgiving Day, and Christmas Day. All gasoline powered construction equipment shall be equipped with an operating muffler or baffling system as originally provided by the manufacturer, and no modification to these systems is permitted.
c. Specify that the 2022 California Code of Regulations as amended by the State of California and all applicable City of Belmont ordinances will be employed during this project.
d. This project is subject to the School Facilities Fee. Proof of payment must be presented to the City of Belmont before the permit will be issued. Contact the Sequoia Union School District directly for further information (Sequoia Union School District 480 James, Ave., Redwood City, CA 94062. 650.369.1411 ext. 2290 or 2203. www.seq.org).
e. Pursuant to the Belmont Fire Department Ordinance #2016-001, CFC Section 903, the building will receive a fire sprinkler system and the plan will be a deferred submittal. f. Pursuant to Regulation 6, Rule 3 per the Bay Area Air Quality Management District, effective January 1, 2009, no person or builder shall commence construction of a new building or structure permitted to contain or containing a wood-burning device or install a new wood-burning device resulting from a remodel unless the device meets the requirements of Section 6-3-303. Any gas fueled heating device or electric-powered heating device is allowed under this standard.
g. The City of Belmont Municipal Code requires a soils and engineering geology report for all new or substantially altered foundations. Prior to issuance of a Building Permit, provide such a report and a letter from the geotechnical engineer confirming that the foundation plan has been reviewed and that it has been determined that the recommendations in the soils report are properly incorporated into the plans. BMC 7- 12, IBC 106.1 & 1804.3.
h. This project is subject to the requirements of the Green Building Standards Code (Belmont City Code Division 10 Sec. 7-96), the photovoltaic system requirements in the California Energy Code, and the EV charging in the California Green Code. i. Plans to be submitted for a building permit shall show the location of all transformers, fire standpipes, back flow preventer, main electrical service, all subpanels, gas meter, furnace, and water heater.
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j. All retaining walls shall be engineered and subject to the California Building Code Standards.
k. All utilities shall be shown on the plans. The relationship between proposed improvements such as retaining walls or utility meters, valves, backflow preventors, and other facilities, shall be shown on the plans. Plans shall show all existing easements on the property.
l. Verify location of utility meters, valves, back flow preventers, and hydrants with appropriate utility company.
m. The contractor/property owner shall be responsible to post hours of operation and phone numbers for noise complaints.
n. A minimum of 65% of the construction waste generated by this project shall be recycled or salvaged for use. Documentation shall be provided before the final inspection. Sample forms found in “A Guide to the California Green Building Standards Code (Residential)” located at https://www.hcd.ca.gov/ may be used to assist in documenting compliance. CALGreen Section 4.408.
o. All activities shall be subject to the requirements of the Belmont Noise Ordinance (maximum 65 dBA for daytime hours, Maximum 55 dBA for nighttime hours). p. After the City permits are approved but before beginning construction, the owner/applicant shall hold a preconstruction conference with Building and Public Works Department staff and other interested parties. The developer shall arrange for the attendance of the construction manager, contractor, and all subcontractors who are responsible for grading and erosion and sedimentation protection controls.

II COMPLY WITH THE FOLLOWING CONDITIONS OF THE SAN MATEO CONSOLIDATED FIRE DEPARTMENT:

1. A separate application and permit are required for the installation or alteration of any Automatic Fire Extinguishing System. Application shall be made by either a Registered Engineer or by the Licensed Fire Sprinkler Contractor who will be performing the work. This shall include any Fixed Fire Protection System. A valid Permit and Approved Plans shall be at the jobsite at all times.

2. Prior to application for a Fire Sprinkler Permit, the applicant shall submit plans to the MidPeninsula Water District (MPWD) for their review and approval. Contact MPWD at 650- 591-8941 to coordinate review of the project.

3. A separate application and permit are required for the installation or alteration of any Fire Alarm, or Water-flow Monitoring System. This application shall include the interconnection of any Fixed Fire Protection System to an Alarm System where provided. A valid Permit and Approved Plans shall be at the jobsite at all times.
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4. A separate application and permit are required for the installation of any underground fire service lines. Application shall be made by a Registered Engineer or by either a General Engineering Contractor or a Licensed Fire Sprinkler Contractor, who will be performing the work.

5. Every building, or structure, shall be provided with an address. Numerals shall be located where clearly visible from the street or roadway upon which it fronts. Residential Structures shall have numerals a minimum of 4 inches in height and of ½ stroke. Commercial Structures shall have numerals a minimum of 6 inches in height and ¾ inch stroke. Numerals shall be of contrasting color to their background and illuminated at night. Numerals shall be white in color where located upon glazing.

6. A Knox Key-Lock Box is required to be installed as shown on plans. Please contact Fire Prevention at 650-522-7940 to obtain an application.

7. Plans to be submitted for building permits shall show the location of all required Smoke Alarms and Carbon Monoxide Alarms, in accordance with CRC Sections 314 & 315.

8. In accordance with the Municipal/Regional Stormwater Permit, no fire sprinkler system drain shall discharge into any Storm Drain System. The system shall discharge to either a landscape area large enough to contain the outflow, or to the Sanitary Sewer by means of an indirect connection. Show the location of the Fire Sprinkler System drain on plans submitted for a building permit.

9. Plans to be submitted for building permits for the project shall identify the size of bedroom windows, demonstrating that they meet egress requirements of CRC 310.

10. This project shall require a fire inspection. All fire inspections are performed on Wednesdays between 9AM - 2PM, unless special arrangements are made with the Fire Inspector. Please call 650-522-7940 a minimum of 48 hours in advance to place your inspection request.

11. The following additional conditions shall apply to the project or site development permit:
a. Egress. The project shall maintain required egress for all building properties. b. Standpipes. For projects that require standpipes by California Fire Code Section 905.3.1, the applicant must provide not less than one standpipe for use during construction or demolition.
c. Barricades Across Emergency Access Roads. Prior to the installation or use of barricades, fences, or gates across emergency vehicle access roads during construction, the applicant must submit plans to the Fire Plan Checker subject to the review and approval of the Fire Marshal or his/her designee.
d. Address Numbers. The applicant shall post temporary address numbers on each building at the project site that must be easily visible from the street or fire access road. 77 Conditions of Approval
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e. Demolition. The applicant shall comply with the California Fire Code Chapter 33 during all phases of the construction of the project.
f. Fire Flow. The applicant shall provide fire flow information to the Fire Plan Checker, which is subject to the review and approval of the Fire Marshal or his/her designee. g. Code Conformance. The applicant shall indicate on all building permit plans that all construction shall meet current code standards at the time of building permit submittal.

The building permit plans are subject to review and approval by the Fire Marshal or his/her designee.
h. Remote Power Disconnect. The plans shall show a key switch/shunt trip to disconnect the building electrical power and/or solar photovoltaic system by Fire Department personnel. The key switch/shunt trip location(s) shall be subject to the review and approval of the Fire Marshal or his/her designee.
i. Fire Control Room. he plans shall show a fire control room with direct access from the exterior of the building subject to the requirements listed in the Fire Department’s local Ordinance and subject to the review and approval of the Fire Marshal or his/her designee.
j. Fire Apparatus Access Road. The plans shall show a Fire Apparatus Access Road serving each structure on the property. Each access road shall have a minimum (Fire Plan Checker to Enter: 20 to 26 feet)-foot unobstructed linear width and provide an unobstructed height of no less than 13 feet, 6 inches subject to the review and approval Fire Marshal or his/her designee.
k. Fire Department Submittals. The applicant shall submit all plans involving fire systems (including but not limited to fire sprinklers, fire hydrants, and fire alarms) in conjunction with the superstructure building permit plans to the Fire Department. The plans are subject to review and approval by the Fire Marshal or his/her designee. l. Roadway Load Capacity & Design. The applicant shall submit a letter from a certified soils or geotechnical engineer stating the final roadway is able to support a load of 68,000 pounds. A “Click to Enter” system shall be installed on all Fire Emergency Access Roads. The letter shall be submitted to the Fire Marshal or his/her designee for review and approval prior to the Fire Final Inspection. m. Fire Hydrants. The applicant shall install the approved number of public/private fire hydrant(s) spaced as per the Fire Department’s local Ordinance. All fire hydrants used for fire flow for the project site shall be upgraded to a Clow model 980 or equivalent consisting of (2) 2-½ inch and (1) 4-½ inch outlets. Each hydrant shall be capable of providing a minimum fire flow of 1500 gpm at 20 psi residual pressure. Water supply for fire protection is required to be installed in accordance with water purveyor’s specifications. The water supply shall be tested, flushed and approved operable prior to any combustible construction materials being placed on the site. Staged construction 78 Conditions of Approval
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shall insure that the necessary water supply is maintained from stage to stage in the construction planning. The letter shall be submitted to the Fire Marshal or his/her designee for review and approval prior to the Fire Final Inspection. n. Emergency Responder Radio Coverage. An Emergency Responder Radio Coverage system may be required for this project. Testing shall occur during construction due to circuit protection requirements that will affect building design. The applicant shall provide a third-party testing grid report to the Fire Department subject to the review and approval by the Fire Marshal or his/her designee prior to the Fire Final Inspection.

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

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

2. No debris boxes or building materials shall be stored on the street, unless approved as part of the Construction Management Plan.

3. Any lane/road closures must only be conducted during non-commute hours (9am-3pm).

4. A flag person shall be required for street closures and positioned at both ends of any closure.

5. 24-hour written notice to and approval from the Belmont Police Department (BPD) is required before any lane closure. (Contact BPD Traffic Unit or Watch Commander for approvals.)

6. No construction vehicles or equipment shall be parked, placed or stored in the roadway unless approved as part of the Construction Management Plan.

7. A signage plan shall be required for any road closures/detours. Such plan shall be approved by the BPD Traffic Unit.

8. Any lane/road closures must only be conducted during non-commute hours (9am-3pm).

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

10. Ensure the Police Department has access to any secured emergency access easements/gates/pathways.

11. No Trespassing signs, per 602 PC, shall be required to be posted around property to discourage unauthorized entry and aid in criminal prosecutions for trespassing/theft. 79 Conditions of Approval
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12. Any burglar alarm shall be registered with the BPD per BCC 18-50 et. Seq.

13. A minimum roadway width of 12’ shall be maintained at all times for emergency access.

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

15. The developer and their contractors shall ensure that Belmont PD has access to any secured emergency access easements, gates, or pathways.

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

Project Specific Conditions

1. Temporary shoring may be required for excavation and construction of the proposed building, foundation and site improvements. The Applicant shall prepare and submit a structural shoring design, plans, and calculations to the Building Department for review and approval prior to issuance of a Grading or Building Permit.

2. The Applicant shall prepare and submit design, details, structural plans and calculations to the Building Department and the Public Works Department for review and approval for the proposed retaining walls within the Hill Street public street right of way prior to issuance of a Building Permit. The Applicant shall also obtain an Encroachment Permit from the Public Works Department prior to starting any work within the public street right of way or easements. In addition, the Applicant shall be responsible for coordinating with the Public Works Department to execute a Permanent Encroachment Agreement for the proposed retaining walls within the Hill Street public street right of way prior to final acceptance of the required improvements on Hill Street.

3. The Applicant shall prepare and submit a Grading and Drainage Plan for review and approval prior to issuance of a Grading or Building Permit. the Grading and Drainage Plan shall show detailed finished on-site grading and drainage design, including pad and finished floor elevations, top of curb, pavement elevations, finished grades on hardscape and/or landscape areas, storm water inlets, area drains, sizes of storm drains and connection points. All onsite storm drainage shall be captured onsite. No on-site private drainage shall be allowed to sheet flow directly onto Hill Street right of way.

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

1. Streets, sidewalks and curbs in need of repair within and bordering the project shall be repaired and/or removed and replaced in accordance with the Department of Public Works approved standards. Photographs or video of before condition are recommended.

2. New sidewalk, curb and gutter shall be installed in accordance with the Department of Public Works approved standards.

Grading and Drainage

1. Roof leaders and site drainage shall be directed to a vegetated area onsite or the City stormwater drainage system. A dissipator box or other energy reduction method shall be used.

2. The owner/applicant shall submit C3 & C6 stormwater pollution prevention checklist, impervious calculation checklist and BMP measures checklist prior to design review approval.

MRP Regulated Project

1. The Project shall comply with all requirements of the Municipal Regional Stormwater NPDES Permit Provision C.3. Please refer to the San Mateo Countywide Water Pollution Prevention Program’s (SMCWPPP) C.3 Stormwater Technical Guidance Manual for assistance in implementing LID measures at the site.

2. Treatment controls shall be designed and sized to treat run‐off from new and/or replaced impervious areas.

Source Control Conditions

1. Trash storage areas (including recycling or food compactor areas or similar areas), wash areas, loading docks, repair/maintenance bays, and equipment or material storage areas shall be completely covered and bermed to ensure that no stormwater enters the covered area.

Covered areas shall be sloped so that spills and washwater flow to area drains connected to the sanitary sewer system, subject to the local sanitary sewer agency’s authority and standards.

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

3. Efficient irrigation systemsshall be used throughout all landscaped areas in accordance with the Model Water Efficient Landscape Ordinance.
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4. On‐site storm drain inlets shall be clearly marked with the words “No Dumping! Flows to Bay,” or equivalent using thermoplastic material or a plaque.

5. Boiler drain lines, roof top equipment with drain lines, and/or equipment for washing and/or steam cleaning activitiesshall be connected to the sanitary sewer system, subject to the local sanitary sewer agency’s authority and standards.
a. Discharge the rinse water to landscaping. Ensure that the rinse water does not flow to the street or storm drain. Block off storm drain inlet if needed. b. Collect rinse water in a tank and pump to the sanitary sewer. Contact your local sanitary sewer agency before discharging to the sanitary sewer. c. Collect the rinse water in a tank and haul off‐site for proper disposal.

Biotreatment Measures

1. Biotreatment measures (including bioretention areas, flow‐through planters shall be sized to treat run‐off from 100% of the applicable drainage area (all impervious areas and applicable landscaped areas) using flow or volume based sizing criteria as described in the Provision C.3.d of the MRP or using the simplified sizing method (4% rule of thumb), described in the C.3 Technical Guidance and based on the flow‐based sizing criteria in Provision C.3.d.i.(2)(c).

Operation & Maintenance (O&M) Conditions

1. Property Owner shall enter into a Maintenance Agreement with the municipality to ensure long‐term maintenance and servicing by the Property Owner of stormwater site design and treatment control measures according to the approved Maintenance Plan(s). The Maintenance Agreement shall be recorded for the property and/or made part of the CC&Rs.

Dust Control

1. The owner/applicant must submit a dust control plan for approval by the Department of Public Works. To reduce dust levels, exposed earth surfaces shall be watered as necessary.

The application of water must be monitored to prevent runoff into the storm drain system.

Spillage resulting from hauling operations along or across any public or private property shall be removed immediately. Dust nuisances originating from the contractor’s operations, either inside or outside of the right-of-way must be controlled. The measures must also include:
a. Water all active construction sites at least twice daily. b. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard.
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c. Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites. d. Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites.
e. Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets.
f. Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more). g. Enclose, cover, water twice daily, or apply non-toxic soil binders to exposed stockpiled materials.
h. Install sandbags or other erosion-control measures to prevent silt runoff to public roadways.
i. Replant vegetation in disturbed areas as quickly as possible. j. Watering should be used to control dust generation during the break-up of pavement. k. Cover all trucks hauling demolition debris from the site. l. Use dust-proof chutes to load debris into trucks whenever feasible. m. Water or cover stockpiles of debris, soil, sand or other materials that can be blown by the wind.
n. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be in proper running order prior to operation. o. Diesel powered equipment shall not be left inactive and idling for more than five minutes and shall comply with applicable BAAQMD rules.
p. Use alternative fueled construction equipment, if possible. q. All vehicle speeds on unpaved roads shall be limited to 15 mph. r. Post a visible sign with the telephone number and person to contact at the Lead Agency regarding dust complaints. This person shall respond and take corrective 83 Conditions of Approval
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action within 24 hours. The Air District phone number shall also be visible to ensure compliance with applicable regulations.

Construction Management Plan

1. The Applicant shall prepare a construction management plan (CMP) for review and approval by the Public Works Department in consultation with the Community Development Department and Police Department. For properties located at or in close proximity to the City borders, the plan shall be routed to adjacent jurisdictions. The CMP shall include a response to construction-related conditions and requirements identified by reviewing City departments, and outside agencies for inclusion in the Plan. The plan shall include at least the following items:
a. Schedule
A project construction schedule shall be provided that includes the approximate date and expected time frame for each stage of construction. At minimum, the schedule shall include:
• Excavation & Shoring (as applicable)
• Below Grade & Foundation Construction
• Above Grade Construction & Framing
• Exterior & Interior Finish Work
• Public Frontage Improvements
• Offsite & Utility Improvements
b. Site & Logistics Plan
Site and logistics plan(s) shall be provided for each phase of project construction. Said plan(s) shall include:
• Location of Construction Fencing & Access Control for The Site • Proposed Circulation Pattern, including Access & Egress, for Each Phase of Construction
• Location of Dewatering Tanks, Construction Trailer, Temporary Power Pole, & Restrooms
• Erosion & Dust Control Plans
• Security & Lighting Plans
• Location of Construction Staging Areas for Materials, Equipment, & Vehicles • Crane Plane (Location, Height, & Radius), as applicable • Construction Worker Parking
c. Traffic Control Plan
Routes for construction-related traffic (hauling, deliveries, works, etc.) shall be identified in consultation with the Department of Public Works. Grading, hauling, and construction 84 Conditions of Approval
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delivery traffic shall be timed to avoid peak hour school and work commute traffic. The CMP shall identify the maximum size of construction equipment /trucks, during construction, expected temporary street closure and the use of flag personnel during construction, and the location of construction worker parking/car-pooling. Comprehensive traffic control measures shall be identified, including: any required detour signage, lane closures, and sidewalk closures. A 24 Hour Written notice must be given to the Public Works and Police Departments prior to lane closures. Trained flag persons shall be positioned at both ends of blocked traffic lanes to ensure safe movement of vehicles, and pedestrians. The proposed traffic control plan may require review by a traffic engineer, to ensure an adequate intersection/driveway turning radius would be provided for large vehicles, and/or when other large projects are in construction at the same time. d. Noticing
The CMP shall include notice to property owners within 300 feet of the project site two weeks prior to grading, and identification of haul route(s) and staging area for the project. The notice shall also include a process for responding to, and tracking, complaints pertaining to construction activity, including identification of an on-site complaint manager. 24-hour advance written notice shall also be provided to adjacent property owners, adjacent businesses, and Public Works and Police Department personnel prior to all major deliveries, detours, and lane closures.
e. Road Conditions
Documentation of road pavement conditions shall be provided to the Public Works Department for all routes that will be used by construction vehicles, both before and after project construction. Roads found to have been damaged by construction vehicles shall be repaired to the level at which they existed prior to project construction.

B. The following conditions shall be met prior to the issuance of the first building permit (i.e., foundation permit) and/or site development permits except as otherwise specified in the conditions.

Public Works Permits

1. The property owner/applicant shall apply for and obtain temporary encroachment permits from the Department of Public Works for work in the City public right-of-way, easements or property in which the City holds an interest, including driveway, sidewalk, sewer connections, sewer clean-outs, curb drains, storm drain connections, placement of a debris box.

2. The property owner/applicant shall apply for and obtain a Permanent Encroachment agreement from the Department of Public Works, with approval by the City Council, for a structure, retaining wall, awning, or other features constructed in the public right-ofway, easement or on property in which the City holds an interest. 85 Conditions of Approval
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3. Property owner/applicant shall apply for and obtain a grading permit from the Department of Public Works. The grading permit fee is based on the total amount of earth moved including cut and fill.

3. The Developer shall apply for and obtain a hauling permit from Public Works before issuance of any site development permit including tree removal, demolition, foundation, or building permit.

Other Agency Permits

1. Construction activity resulting in a land disturbance of one acre or more, or less than one acre but part of a larger development shall obtain the Construction Activities Storm Water General Permit (General Permit) from the State Water Quality Control Board (Home Page | California State Water Resources Control Board or (916) 341-5537). The State requires a completed Notice of Intent to comply (NOI) package and a Storm Water Pollution Prevention Plan (SWPPP) prepared in accordance with Section A of the General Permit prior to the commencement of soil disturbing activities. The State will issue a Waste Discharge Identification (WDID) number within 10 business days after it receives a complete NOI package (original signed NOI, vicinity map, and check). Applicant shall also submit copies of the NOI and SWPPP to the City for review and approval. Throughout the project life, the SWPPP shall be revised as necessary to accommodate site changes during to construction.

Grading and Drainage

1. The owner/applicant shall submit a grading plan prepared by a California-registered Civil Engineer in accordance with City Grading Ordinance, Chapter 9, Section 3 of the City Code, with a grading permit application, for approval by the Department of Public Works and Building Division prior to any grading or clearing being performed on-site. a. The applicant should note that if the proposed grading meets one or more of the criteria outlined in Section 9-23 of the City Code, a Planning Commission review will be required. Caution: If the total grading quantity changes after Planning Commission approval, a new grading approval may be required.

The applicant may choose to complete the grading plan and calculations early in the planning process to limit delays in scheduling this review. (See Section 9-28 of City Code for review process).
a. The plan shall incorporate the following restrictions:
i. All soils stockpiled on the site during construction shall be covered or otherwise protected from wind and water erosion.
ii. During construction, erosion and sedimentation control plans shall be implemented in order to retain sediments on-site.
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iii. Site grading and finished construction shall be designed and executed in such a manner as to avoid diverting runoff onto other properties. iv. Restrictions and recommendation of the Geologic and Soils report as approved by the City’s Geologist.

Utilities

1. Applicant must possess a valid sewer lateral certificate issued under City Ordinance Section 21-213 before receiving a final building permit for:
a. Improvements valued by the building official at $200,000 or more, or b. Work associated with a change in water service (e.g. change in meter size or adding a second meter).
c. Applicant shall install the sanitary sewer connection in accordance with Department of Public Works approved standards and pay the applicable sewer connection fee. d. Sanitary sewer to include a back flow prevention device. e. If PG&E is requiring the developer to put in the gas and/or electrical connection, then the developer must submit plans for the encroachment to the Department of Public Works.

NPDES Stormwater Controls

1. The applicant shall submit an erosion and sedimentation control plan describing Best Management Practices (BMPs) to be used to prevent soil, dirt, and debris from entering the storm drain system. The plan shall include the following items:
a. A site plan showing the property lines, existing and proposed topography, and slopes; areas to be disturbed, locations of cut/fill and soil storage/disposal area; areas with existing vegetation to be protected; existing and proposed drainage patterns and structures; watercourses or sensitive areas on-site or immediately downstream of project; and designated construction access routes, staging areas and washout areas. b. Erosion and sediment controls to be used during construction, selected as appropriate from the California Regional Water Quality Control Board, San Francisco Bay Region Erosion and P.O. Box 791, Oakland, CA 94604-0791.
c. Methods and procedures to stabilize denuded areas and install and maintain temporary erosion and sediment control continuously until permanent erosion controls have been established.
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d. Provision for preventing erosion and trapping sediment on-site, such as sediment basins or traps, earthen dikes or berms, fiber rolls, silt fence, check dams, storm drain inlet protection, soil blankets or mats, coversfor soil stock piles and/or other measures. e. Provisions for installing vegetative cover in disturbed areas, including areas to be seeded, planted, and/or mulched, and types of vegetation proposed. f. Provision for diverting on-site runoff around exposed areas and diverting off-site runoff around the project site (e.g., swales and dikes). g. Notes, specifications, and/or attachments describing the construction, operation and maintenance of erosion and sediment control measures, including inspection frequency; methods and schedule for grading, excavation, filling clearing of vegetation and storage and disposal of excavated or cleared material; types of vegetative cover and mulch, including methods and schedules for planting and fertilization; and provisions for temporary and permanent irrigation.

2. All plans shall conform to the requirements of the City NPDES stormwater discharge permit and the San Mateo Stormwater Pollution Prevention Plan (STOPPP). The project plans shall include permanent storm water quality protection measures. The project plans shall identify Best Management Practices (BMPs) appropriate to the uses to be conducted on-site to effectively prohibit the discharge of pollutants with storm water run-off. A Maintenance and Operation Agreement shall be prepared by applicant incorporating the conditions of this section.

3. The developer shall provide to the first residents/occupants/tenants practical information materials (as furnished by the City) on good housekeeping for hazardous products, proper use and disposal of hazardous products, and prohibited discharge practices.

4. All landscaping shall be maintained and shall be designed with efficient irrigation systems to reduce runoff, promote surface filtration, and minimize the use of fertilizers, herbicides and pesticides.

5. The property owner/association shall implement a trash management and litter control program including emptying trash receptacles in common areas, noting trash disposal violations by homeowners or business, and notifying violators.

6. Streets and parking lots must be swept immediately prior to and once during the storm season. Records of street cleaning shall be reported to the Department of Public Works on an annual basis on or before June 30 of each year.

7. Outdoor storage areas for oils, fuels, solvents, coolant, and other chemicals shall be designed to provide secondary containment such as berms and roof covers. Process equipment sited outdoors shall be placed on an impermeable surface and covered. Property 88 Conditions of Approval
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owners/associations shall implement a regular program of sweeping and litter control at these sites.

8. Loading docks shall be covered, surrounded by berms or curbs or otherwise constructed to prevent drainage onto or from the area. Water used for washing and accumulated waste shall be diverted to the sanitary sewer.

9. For stream erosion control, the stormwater discharge must pass through an erosion control structure such as an energy dissipater or other form of outlet protection prior to entering the stream. Bioengineered controls shall be used for stream bank protection as feasible.

10. No wastewater (including equipment cleaning wash water, vehicle wash water, cooling water, air conditioner condensate, and floor cleaning washwater) shall be discharged to the storm drain system, the street or gutter.

MRP Regulated Project

1. Applicant shall prepare a Stormwater Management Plan (SWMP) that includes, at a minimum, exhibit(s) showing drainage areas and location of Low Impact Development (LID) treatment measures; project watershed; total project site area and total area of land disturbed; total new and/or replaced impervious area; treatment measures and hydraulic sizing calculations; a listing of source control and site design measuresto be implemented at the site; hydromodification management measures and calculations, if applicable; NRCS soil type; saturated hydraulic conductivity rate(s) at relevant locations or hydrologic soil type (A, B, C or D) and source of information; elevation of high seasonal groundwater table; a brief summary of how the project is complying with Provision C.3 of the MRP; and detailed Maintenance Plans for each site design, source control and treatment measure requiring maintenance.

2. LID treatment measures to be shown on final improvement or grading plans shall not differ materially from the LID treatment measures presented on the project’s approved entitlement drawings without written approval from the Planning Department.

Site Design Conditions

1. Self‐treating areas must be designed to store and infiltrate the rainfall that lands on the self‐ treating area. Refer to Section 4.2 of the C.3 Technical Guidance.

2. Self‐retaining areas must be designed to store and infiltrate the rainfall run‐off volume described in the MRP Provision C.3.d (80% capture volume), for rainfall that lands on the self‐retaining area and the impervious surface that drains to the self‐retaining area. Refer to Section 4.3 of the C.3 Technical Guidance.
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Treatment Control Conditions

1. No treatment measures (other than properly sealed and screened cisterns or rain barrels) shall have standing water more than 5 days, for vector control.

Infiltration Measures

1. All infiltration devices shall be located and designed to ensure no damage will occur to surrounding improvements from underground water.

2. Soil media within the bioinfiltration measure shall consist of 18 inches of biotreatment soil consistent with the Attachment L of the MRP.

3. Other parameters of final design shall be consistent with the design guidelines presented in the latest version of the C.3 Technical Guidance.

Biotreatment Measures

1. Plant species used within the biotreatment measure area shall be consistent with Appendix A of the C.3 Technical Guidance.

2. Biotreatment soil mix for biotreatment measures shall have a minimum percolation rate of 5 inches per hour and a maximum percolation rate of 10 inches per hour and shall be in conformance with Attachment L of the MRP, which is included in Appendix K of the C.3 Technical Guidance.

3. Design of biotreatment measures shall be consistent with technical guidance for the applicable type of biotreatment measure provided in Chapter 6 of the C.3 Technical Guidance.

Operation & Maintenance (O&M) Conditions

1. A Maintenance Plan for every stormwater treatment control, and/or Hydro Modification measure or applicable site design measure, inclusive of maintenance and inspection checklists and Maintenance Inspection Report Forms, shall be submitted to the City for review and approval prior to issuance of a grading permit. A copy of the final, approved Maintenance Plan(s) shall be made a part of the Maintenance Agreement. A copy of the final, approved Maintenance Plan(s) shall also be on file with the Public Works Department.
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C. The following conditions shall be met prior to occupancy except as otherwise specified in the conditions.

Public Works Permits

1. The property owner/applicant shall apply for and obtain an administrative permanent encroachment agreement from the Department of Public Works, for placement of nonstandard materials within the public right-of-way.

2. After the City permits are approved but before beginning construction, the owner/applicant shall hold a preconstruction conference with Building and Public Works Department staff and other interested parties. The developer shall arrange for the attendance of the construction manager, contractor, and all subcontractors who are responsible for grading and erosion and sedimentation protection controls.

3. Failure to comply with any permit condition may result in a “Stop Work” order or other penalty.

4. All construction and related activities which require a City permit shall be allowed only during the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday and 10:00 a.m. to 5:00 p.m., Saturdays. No construction activity or related activities shall be allowed outside of the aforementioned hours or on Sundays and the following holidays: New Year’s Day, President’s Day, Memorial Day, 4th of July, Labor Day, Thanksgiving Day and Christmas Day. All gasoline powered construction equipment shall be equipped with an operating muffler or baffling system as originally provided by the manufacturer, and no modification to these systems is permitted.

Other Agency Permits

1. The project includes construction or installation of stationary equipment that may cause air pollution. The applicantshould contact the Bay Area Air Quality Management District (415- 771-6000) to determine if an air quality permit is required.

Public Improvements

1. "As-built" drawings for any public improvement including streets, sewers, etc. shall be submitted to the City in AutoCAD on CD ROM.

Grading and Drainage

1. Grading shall be performed in accordance with the City Grading Ordinance, Chapter 9 of the City Code. Soil or other construction materials shall not be stockpiled in the public right-of-way unless an encroachment permit is obtained from the Department of Public Works. Grading shall neither be initiated nor continued between November 15 and April

15. Grading shall be done between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday unless otherwise specifically authorized by the Director of Public Works. The 91 Conditions of Approval
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Stormwater Pollution Prevention Program Best Management Practices (BMPs) for construction shall be implemented to protect water quality.

2. The owner/applicant shall ensure that applicable Best Management Practices (BMPs) from the San Mateo Stormwater Pollution Prevention Program (STOPPP) are followed to prevent discharge of soil or any construction material into the gutter, storm drain system or creek.

NPDES Stormwater Controls

1. The owner/applicant shall ensure that all construction personnel follow standard BMPs for stormwater quality protection during construction of project. These includes, but are not limited to, the following:
a. Store, handle and dispose of construction materials and wastes properly, so as to prevent their contact with stormwater.
b. Control and prevent the discharge of all potential pollutants, including solid wastes, paints, concrete, petroleum products, chemicals, washwater or sediment, and nonstormwater discharges to storm drains and watercourses. c. Use sediment controls, filtration, or settling to remove sediment from dewatering effluent.
d. Do not clean, fuel, or maintain vehicles on-site, except in a designated area in which runoff is contained and treated.
e. Delineate clearing limits, easements, setbacks, sensitive or critical areas, buffer zones, trees, and drainage courses with field markers or fencing. f. Protect adjacent properties and undisturbed areas from construction impacts using vegetative buffer strips, sediment barriers or filters, dikes, mulching or other measures as appropriate.
g. Perform clearing and earth moving activities only during dry weather (April 15 through November 14).
h. Limit and time applications of pesticides and fertilizers to prevent polluted runoff. i. Limit construction access routes and stabilize designated access points. j. Do not track dirt or other materials off-site; clean off-site paved areas and sidewalks using dry sweeping methods.

2. If construction is not complete by the start of the wet season (November 15 through April 15), prior to November 15 the developer shall implement a winterization program to minimize the potential for erosion and sedimentation. As appropriate to the site and 92 Conditions of Approval
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status of construction, disturbed soils through temporary or permanent seeding, mulching, matting, tarping or other winterization requirements shall include inspecting/maintaining/cleaning all soil erosion and sedimentation controls prior to, during, and immediately after each storm event; stabilizing physical means; rocking unpaved vehicle access to limit dispersion of mud onto public right-of- way; covering/tarping stored construction materials, fuels, and other chemicals. Plans to include proposed measures to prevent erosion and polluted runoff from all site conditions.

As site conditions warrant, the Department of Public Works may direct the developer to implement additional winterization requirements.

Source Control Conditions

1. Fire sprinkler test water shall discharge to onsite vegetated areas, or alternatively shall be discharged to the sanitary sewer system, subject to the local sanitary sewer agency’s authority and standards.

2. Air conditioning condensate shall drain to landscaping, or alternatively may be connected to the sanitary sewer system, subject to the local sanitary sewer agency’s authority and standards.

Operation & Maintenance (O&M) Conditions

1. Property Owner shall be responsible for conducting all servicing and maintenance as described and required by the treatment measure(s) Maintenance Plan(s). Maintenance of all site design and treatment control measures shall be the owner’s responsibility.

2. Approved Maintenance Plans shall be kept on‐site and made readily available to maintenance crews. Maintenance plans shall be strictly adhered to.

3. By April 1 each year, Maintenance Inspection and Servicing Reports for the stormwater treatment systems shall be submitted to the municipality for the previous calendar year (January 1 through December 31).

4. Site access shall be granted to representatives of the City, the San Mateo County Mosquito and Vector Control District, and the Water Board, at any time, for the sole purpose of performing operation and maintenance inspections of the installed stormwater treatment systems. A statement to that effect shall be made a part of the Maintenance Agreement and/or CC&Rs recorded for the property.

5. Property Ownershall be required to pay for all municipal inspections of installed stormwater treatment systems as required by the Regional Water Quality Control Board or the municipality.
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Installation Conditions

1. Applicant shall coordinate installation of stormwater treatment measures with the municipality and shall arrange to have a municipal Special Inspector or designated third party inspector present at the time of installation. Applicant shall be responsible for all fees associated with special stormwater inspections during construction.

Certification of Approved Final Conditions:

September 24, 2024
Rob D. Gill, Senior Planner Date
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Conceptual Development Plan (CDP)
Attachment “2”
Ordinance No. 2024 –
Conceptual Development Plan (CDP)
Memory Care Development - 1041 Hill Street
(Appl. No.PA2023-0006)
The following standards comprise the Conceptual Development Plan (CDP) for the Assisted Living and Memory Care Land Uses (“Project”) at 1041 Hill Street:

1. The Detailed Development Plan shall be consistent with the following design standards, which are derived from the plans on file date stamped May 21, 2024.

Criteria Existing PD Standards Proposed PD Standards
Use(s) Assisted Living & Convalescent Hospital Assisted Living & Memory Care Lot Size 58,142 SF. No Change
Square Footage 57,191 SF. (for all buildings) 73, 469 SF. (for all buildings) FAR 0.984 FAR. (for all buildings) 1.26 FAR. (for all buildings) Height 40’ 55’
Landscaping % Approx.18.8% Approx. 19.6%
Walls & Fences As per approved 1998 DDP plans As per approved DDP plans Parking Spaces: 41 34 (12 Compact 22 Standard)
Loading Space 1 space located on 6th Ave. No Change
Bicycle Parking None 9
Setbacks
Front (6th Avenue) 0’ to 3’ 0’ to 3’
Rear (South) 11’ 6’ 15’
Side (East) 5’ 11’ 7’
Corner Street Side
(Hill Street) 19’ 6 24’ 4”

2. The Detailed Development Plan shall be consistent with the following design standards, which are derived from the plans on file and date stamped May 21, 2024 a. Lot Size: As indicated on project plans – 58,142 square feet or 1.33-acre. b. Maximum Floor Area: 73, 469 sq. ft. (for all buildings) as indicated on project plans date stamped May 21, 2024.
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Conceptual Development Plan (CDP)
c. Minimum Setbacks and Building Separations: Setbacks from the property lines and separations between buildings shall be no less than shown on the plans date stamped May 21, 2024, in the subject file.
d. Maximum Building Height: 55’ as indicated on project plans date stamped May 21, 2024.
e. Maximum Wall Heights: as indicated on project plans date stamped May 21, 2024. f. Off-Street Parking: 34 (12 Compact 22 Standard)
g. Building Materials: as indicated on project plans and material palette sheet date stamped May 21, 2024.
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RESOLUTION NO. 2024 –

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELMONT

APPROVING A CONDITIONAL USE PERMIT, DETAILED DEVELOPMENT PLAN, DESIGN REVIEW, GRADING PERMIT, AND TREE REMOVAL PERMIT AT 1041 HILL STREET (APPL. NO. 2023-0006)
WHEREAS, ERDMAN, applicant, on behalf of GAHC4 BELMONT CA ALF LLC, property owner, requests approval of entitlements for the construction of a 24,806 square foot Memory Care facility building, landscaping, and ancillary improvements at 1041 Hill Street, Assessor’s Parcel Numbers: 045-152-540 & 045-152-570; and, WHEREAS, on August 20, 2024, the Planning Commission, following notification in the prescribed manner, conducted a public hearing, at which hearing the Commission considered public testimony and at which hearing the Commission considered the Project, received public testimony and evidence, and adopted a resolution recommending City Council approval of the Planned Development Zone Amendment and associated Conceptional Development Plan; and, WHEREAS, on August 20, 2024, the Planning Commission, following notification in the prescribed manner recommended that the City Council also approve the Conditional Use Permit, Detailed Development Plan, Design Review, Grading Permit, Tree Removal Permit and Permanent Encroachment Permit; and,
WHEREAS, the project entitlements shall take effect thirty (30) days after adoption of the Ordnance; and,
WHEREAS, the City Council considered the potential environmental impacts of the project and finds the project is exempt from environmental review under provisions of the California Environmental Quality Act (CEQA) Guidelines Section 15332, In-Fill Development Projects and Section 15300.2 Exceptions to Categorical Exemptions; and, NOW, THEREFORE, the City Council of the City of Belmont resolves as follows:

SECTION 1. Findings
The City Council after reviewing all the relevant evidence before the City Council, including the information provided in the staff report and enclosures to the City Council, the public meeting, public correspondence and testimony received, the City Council incorporates herein by reference and adopts the analysis and findings in the staff report to the City Council dated September 24, 2024; and, The City Council determined that requisite findings for approval of the project entitlements can be made in the affirmative, as follows:
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Planned Development
The City Council shall make the following findings prior to amending the existing Planned Development (PD) Zoning of the property to PD:

1. That the total development in each individual unit therein can exist as an independent unit capable of creating an environment of sustained desirability and stability or that adequate assurance will be provided that such objective will be attained; that the uses proposed will not be detrimental to the present and potential surrounding uses but will have a beneficial effect which could not be achieved under other zoning districts.

The proposed project is considered an infill development and located within an area that is already developed. The proposed Memory Care facility will be replacing the former skilled nursing facility and would be an adapted use to better serve the adjacent assisted living community.

The project conditions of approval as recommended by the various City departments demonstrate that the development can remain an independent project and is capable of sustainability. This finding is affirmed.

2. That the streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic and the density will not generate traffic in such amounts as to overload the street network outside the PD District.

The project location is in close proximity to El Camino Real and Ralston Avenue, and less than one mile from U.S. 101. The proposed use is served by two public streets, 6th Avenue and Hill Street that are of capacity to carry the traffic generated by the proposed and existing land uses (assisted living and memory care uses). The proposed use will not place an undue burden on existing transportation, utilities, or services in the vicinity. A complete traffic analysis was prepared for the project, and peer reviewed by the City’s traffic consultant. The traffic analysis concluded that the development of the proposed Memory Care facility will not result in any significant traffic impacts or contribute to significant traffic impacts in the area. This finding is affirmed.

3. That any proposed commercial development can be justified economically at the locations proposed, to provide for adequate commercial facilities of the types proposed.

No commercial development is proposed as part of this PD. This finding is affirmed.

4. That the economic impact created by the PD District can be absorbed by the City (police and fire service, water supply, sewage disposal, etc.) The project site is currently zoned Planned Development (PD). The proposed zoning amendment would amend the existing PD District to incorporate the proposed memory care use with the existing assisted living facility use. The project has been reviewed by all appropriate departments to ensure that all service levels can be maintained to protect the public 98

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health, safety, and welfare. In addition, all appropriate City departments and consultants have reviewed the proposal and have provided conditions of approval that should ensure that the proposed project will not adversely affect public health, safety, or welfare.

Therefore, the proposed development will not increase the City's costs in providing services to the project site, and the City will be able to absorb the economic impact created by the project.

This finding is affirmed.

5. That the proposed off-street parking is in substantial conformance with the provisions of Section 8 of this Ordinance, that where an applicant's proposed off-street parking is less than that set forth by the standards of Section 8 of this Ordinance, circumstances are such that it would be a practical difficulty or create a physical hardship on the applicant for him to conform to the standards of Section 8.

Per Section 8 of the Parking Ordinance, a total of 50 spaces is required between the existing assisted living community and proposed memory care land uses. The proposed project will provide a total of 34 on-site parking spaces between the two land uses, resulting in a deficiency of 16 spaces.

The existing PD currently operates with 41 spaces, where two spaces are used for dedicated shuttle bus parking. The site improvements for the proposed memory care facility will result in the loss of seven parking spaces (from 41 to 34 parking spaces). The loss of parking spaces is due to reconfiguration of the site to construct the required fire control room, generator room, roof access stairs, solid waste, and recycling alcoves, and provide a van assessable parking space, and dedicated shuttle bus parking.

The project site is a hillside property with moderately steep slopes. The property is developed with an assisted living community, unoccupied skilled nursing building, parking structure and associated site and landscaping improvements. The project would demolish the existing skilled nursing building occupying the site and, in its place, construct a new memory care facility. Due to the hillside constraints (moderately steep slopes), and layout of the existing structures and site improvements, additional parking spaces could not reasonably be located on site.

Although the project provides fewer parking spaces than the existing PD parking standard and Section 8 of the Parking Ordinance, the loss of parking would not result in significant impacts as future Memory Care residents will not be driving due to their medical needs; the project, however, does expand visitor and staff parking on-site. In addition, nine parking spaces and one loading space in the 6th Avenue right-of-way would also be available to employees and visitors.

The operator of the assisted living community and Memory Care facility will provide shuttle bus transportation for residents for appointments, errands, and outings organized by the facility which would place less of a demand for parking on site. This finding is affirmed.

Conditional Use Permit
The following two additional findings as per Section 12.4.C (1 & 2) of the Zoning Code are required to adopt a DDP as part of the Conditional Use Permit. 99

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1. Such use or uses substantially conform to the adopted General Plan of the City of Belmont.

The General Plan designates the project site as Institutional, and the requested development does not change that current designation. Based on the General Plan consistency analysis in “Exhibit “B”, a specific finding can be made that the proposed use of the subject property for the amended Planned Development achieves the goals and objectives of the General Plan for the City. This finding is affirmed.

2. Such use or uses are as shown on the approved Conceptual Development Plan for the particular PD District.

The proposed use (memory care) will be shown on the approved (2024) Conceptual Development Plan for the site. This finding is affirmed.

Design Review
The project is consistent with Design Review Section 13.5.2 (a-d) of the Belmont Zoning Ordinance as follows:
(a) City staff and consultants have provided technical review and conditions of approval are included, as applicable, regarding project-related traffic, parking, grading, drainage, storm-water runoff, sanitary sewer impacts, vehicular and pedestrian access, site circulation, site stability, structural encroachments, and construction impacts.

All appropriate City departments and consultants have reviewed the proposal and have provided conditions of approval that should ensure that the proposed project will not adversely affect public health, safety, or welfare. This finding is affirmed. (b) The project is consistent with the landscape standards under Sections 13.3.1 as applicable.

The site is currently landscaped throughout the site and along the roadway frontages. New landscaping will be planted along the perimeter of the proposed memory care development.

Landscape plantings have been selected for compliance with water efficiency and landscape requirements identified by the Mid-Peninsula Water District. The project will contain a fully automated underground irrigation system. The project has been reviewed and found consistent with the water efficiency in landscaping ordinance (WELO) by the Mid-Peninsula Water District. The project is consistent with the landscape standards as applicable. This finding is affirmed.
(c) The project is consistent with the development standards in the underlying zoning district.

The proposed project will be consistent with the development standards for the amended PD district. This finding is affirmed.
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(d) The project is consistent with the objective design standards in Section 13.6 as applicable.

The project is consistent with the applicable objective design standards (General Design Standards Section 13.6.1). Belmont Zoning Ordinance Section 13.6.1 includes design standards for buildings that are two and three stories or greater that are located on primary street frontages and corner street side frontages, and for buildings adjacent to a public park or public open space.

The proposed memory care facility building will be constructed at the rear of the site and will not be located along a primary frontage or corner street side frontage, or adjacent to a park or public open space. However, the memory care facility building will incorporate articulating features, and colors and materials that moderate the building bulk and are appropriate for this structure.

The proposed memory care facility will include two levels of residences over two stories of parking and resident amenity space. The proposed building would incorporate offsets and recessed building walls. The building will provide a ground floor elevation that is distinctive from the upper stories by providing a material change between the first and upper floors along the building façade. The building would utilize neutral colors (off-white, and green, tan, and brown tones), and materials (fiber cement lap and panel siding) that would blend with the site and surrounding area. This finding is affirmed.

Grading Permit
The required Grading Permit findings, as required by Section 9-27 (a)-(h) of the City of Belmont Municipal Code, are made in the affirmative as follows:
(a) The project will not endanger the stability of the site or adjacent properties, or pose a significant ground movement hazard to adjacent properties.

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

The City’s consulting geologist prepared an independent peer review of the geotechnical investigations proposed as part of the project and concurs with the characterization of the project site, findings, and design specifications. The City’s consulting geologist adds that the project geotechnical consultant shall review all plans, field work and conditions to assure that the project is built to specifications. The project geotechnical reports and the City’s independent peer review requirements will, as a matter of grading and building permit procedures, be required of the project as conditions of project approval.

Based on reviews by City departments and the City’s consulting geologist to assess site stability, no immediate safety concerns or hazards have been identified for the subject site or adjacent properties. Therefore, as proposed, and conditioned, the project will not endanger the stability of 101

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the site or adjacent properties or pose a significant ground movement hazard to adjacent properties. This finding is affirmed.
(b) The proposed drainage improvements, landscaping, and erosion control measures would be adequateto control erosion or flooding and would not degrade riparian habitats, stream channel capacity or water quality.

There are no streams or rivers on the site. The applicant has submitted a C-3 Checklist, and landscaping, grading, and drainage plans. The submitted materials identify appropriate methods to treat drainage from the site. The project has been reviewed and found acceptable by the City’s Department of Public Works at this stage of the Development Review process. Detailed working drawings with storm water measures will be required to be submitted for review and approval as part of the building permit application process.

The Department of Public Works has also reviewed the proposed drainage plans and facilities and has provided conditions of approval. In addition, the City requires the implementation of Best Management Practices (BMP’s) for new development and construction as part of its storm water management program, as levied through standard City conditions of project approval.

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

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

A grading and drainage plan has been prepared by the project civil engineer, and grading estimates have been provided by the applicant for the project. Approximately 1,570 cubic yards (CY) of cut and 280 CY of fill (1,290 CY of off haul) would be necessary for the construction of the project. The amount of grading proposed would allow for demolition of structures, installation of required landscaping, storm water treatment measures, and construction of the proposed site improvements.

Lastly, the project grading and drainage plans have been reviewed by the Department of Public Works to ensure site stability, and a standard condition of project approval would require submittal of a construction management plan for review and approval by the Department of Public Works in consultation with the Community Development Department, Fire Department, and Police Department. Said plan would, at a minimum, establish a dust control and noise control coordinator, identification of a staging area on site, and approval of a haul route. 102

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Therefore, the amount of grading proposed is necessary to allow reasonable use of the site. This finding is affirmed.
(d) The proposed grading would result in a building site that is visually compatible with the surrounding land and accommodates any required off-street parking and wall landscaping.

The building site would be visually compatible with the existing on-site assisted living facility building and site improvements. There would not be large quantities of fill and clearcutting of trees on the project site. The proposed grading would accommodate construction of the building, drainage, utilities, and the landscaping of the subject property. (e) The proposed grading will meet the standards and specifications of Article IV of Chapter 9 in the CityCode (Grading Ordinance).

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

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

Conditions of approval require the final grading and drainage plans be consistent with Public Works Department requirements for the design and construction of the site improvements. This finding is affirmed.
(g) The grading permit is conditioned on issuance of a hauling permit, if required.

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

The project includes the removal of one right-of-way tree. The submitted project site plans indicate that the tree proposed for removal will be directly impacted by the construction for the project. Conditions of the project approval will require the applicant to implement all tree protection measures for existing trees to remain. This finding is affirmed.

The City Council has considered the applicant’s request for a Grading Permit and finds that the project meets the findings as specified in Section 9-27(a)-(h) of the City of Belmont Municipal Code.
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Tree Removal Permit
The City Council evaluated a Tree Removal Permit proposal for the project, and recommends conditionally approving the Permit based on the balancing of the Criteria for Permit Determination set forth in Section 25-7 (b)-(c)
(b) “The reviewing authority shall issue a permit to remove the following trees without consideration of the criteria in subsection (c):
(1) Blue Gum Eucalyptus (Eucalyptus globulus);
(2) Dwarf Blue Gum Eucalyptus (Eucalyptus globulus ‘Compacta’); (3) Monterey Pine;
(4) Palm (all species);
(5) Acacia (all species);
(6) a dead tree (any species); and
(7) Any tree that a public utility is required to remove under California Public Utility Commission regulations.”
(1) Criteria Supporting Removal (2) Criteria Supporting Retention (A) The tree is: (i) in poor condition; (ii) at the relative end of its life span of the particular species; (iii)
diseased or infested beyond reasonable remediation;
(iv) has poor structural integrity; (v) is in danger of falling; or, (vi) poses a safety hazard.
(B) The particular tree species is undesirable due to
characteristics such as invasiveness, tendency toward
limb failure, and fire hazard.
(C) The tree is damaging or interfering with existing
structures, site improvements, or utility services.
(D) Removal of the tree is needed in order to construct improvements or otherwise allow conforming use of
the property.
(E) Proximity of the tree to existing or proposed
structures.
(A) The tree is located outside the
developable area of the property.
(B) The tree and its location contribute
substantially to the aesthetic appeal of
the property or the neighborhood.
(C) The effect of the requested tree
removal on the remaining number,
species, size and location of existing
trees on the site and in the area,
including trees mutually dependent on
each other for survival, structural
integrity or aesthetics.

Criteria Supporting Removals & Retention
The project includes the removal of one right-of-way tree. The submitted project site plans indicate that the tree proposed for removal will be directly impacted by the construction for the project. As such, the tree proposed for removal is in line with criteria D supporting removal.

Based upon review of the site and grading plans, the City Council finds that the proposed tree removal is necessary for the construction of the project. In addition, the Commission finds that adequate arrangements would be made for the protection of trees to be retained as conditioned.

Preferred Tree Species & Conditions of Permit
The Tree Ordinance indicates that for each protected tree removed, the applicant shall plant a Preferred Species tree, minimum 15-gallon size, or pay an in-lieu planting fee. The applicant has 104

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proposed to replant a Preferred Species tree on site in accordance with City Code Chapter 25 - Trees. Conditions of the project approval require the applicant to implement all tree protection measures and payment of tree removal fees.
* * *
ADOPTED October 8, 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
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RESOLUTION NO. 2024 –

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELMONT

DETERMINING THAT THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO CEQA GUIDELINE SECTION 15332 (IN-FILL DEVELOPMENT) TO CONSTRUCT A NEW MEMORY CARE FACILITY AT 1041 HILL STREET (APPL. NO. 2023-0006)
WHEREAS, the City Council considered the Project Planned Development Zone Amendment and associated Conceptual Development Plan, Conditional Use Permit for a Detailed Development Plan, Design Review, Grading Permit, and Tree Removal Permit for the subject project; and,
WHEREAS, the project qualifies as a Class 32 project, and meets the specified conditions under CEQA Guidelines Section 15332 (a-e) (“In-Fill Development Projects”); and, WHEREAS, the project is Categorically Exempt under the California Environmental Quality Act (CEQA), Section 15332 (a-e) (“In-Fill Development Projects”) because it is characterized as an in-fill development which is consistent with the applicable General Plan and zoning designation; is on a project site that is less than five acres; contains no value as habitat for endangered, rare, or threatened species; would not result in any significant effects relating to traffic, noise, air quality, or water quality; and the site can adequately be served by all required utilities and public services; and,
WHEREAS the Planning Commission held a duly noticed public hearing on August 20, 2024 to consider the Project and the exemption from Environmental Review under CEQA 15332, In-Fill Development Projects; and,
WHEREAS, the City Council held a duly noticed public hearing on September 24, 2024 to consider the Project and the exemption from Environmental Review under CEQA Guidelines Section 15332, In-Fill Development Projects; 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 herein.

SECTION 2. The Council has independently considered the Project, and finds that the project would not have a significant effect on the environment, and that the Project is exempt from CEQA under Section 15332, In-Fill Development Projects.

SECTION 3. The Council directs the Planning Division to file a Notice of Exemption with the San Mateo County Clerk, in accordance with the CEQA guidelines. 106

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* * *
ADOPTED October 8, 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
107
EXHIBIT “A”
PROJECT CONDITIONS – PLANNED DEVELOPMENT ZONE AMENDMENT,

CONCEPTUAL DEVELOPMENT PLAN, DETAILED DEVELOPMENT PLAN,

Planning Division

This indemnification and hold harmless agreement applies to all damages and claims for damages suffered or alleged to have been suffered by reason of the operations referred to in this condition, regardless of whether or not City prepared, supplied, or approved plans or specifications for the Property, but does not apply to damages and claims for damages caused by City with respect to public improvements and facilities after City has accepted maintenance responsibility for them.
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4. Aesthetics
a. Except as modified by these conditions of approval, or as required by subsequent project review, the Building Permit Plans shall be consistent with the approved Planning Plans, dated 5/21/24 and inclusive of the architectural drawings (Sheets G001 through G006, Sheets AD100 through AD200, Sheets AS100 through AS102, Sheets A100 through A342 & Sheets P101 through P202); Civil Engineering Plans (Sheets C1.0 through C9.0); Landscape Plans (Sheets L-0.0 through L-6.0); and Electric Photometric Lighting Plan (Sheet EP100).
b. Installation of roof mounted mechanical equipment shall be consistent with the Roof Plan (Sheet A1014) and Mechanical Screen Diagrams (Sheet G112) as shown on the project plans dated 5/21/24. Roof mounted equipment shall be placed behind the parapet of the building’s roofline as not to be visible from surrounding vantage points at or below the highest point of the equipment.
c. Ground Equipment Screening. All exterior trash, recycling, and storage utility boxes, wood service poles, and electric and gas meters must be screened from visibility from the surrounding public vantage points (right-of-way, public trails, open space, and parks). Said screening must incorporate the same architectural design, colors, and materials as the main building on site.
d. Exterior building materials shall be consistent with Elevation Drawing and submitted materials sheets A200 through A202, dated 5/21/24, except for minor modifications approved by the Community Development Department, or as modified via an approved Design Review Amendment.
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5. Air Quality
a. Pursuant to GP EIR Mitigation Measure AQ-1, the applicant shall require their contractors, as a condition of contract, to further reduce construction-related exhaust emissions by ensuring that all off-road equipment greater than 50 horsepower (hp) and operating for more than 20 total hours over the entire duration of construction activities shall operate on an EPA-approved Tier 4 or newer engine. Exemptions can be made for specialized equipment where Tier 4 engines are not commercially available within 200 miles of the project site. The construction contract must identify these pieces of equipment, document their unavailability, and ensure that they operate on no less than an EPA- approved Tier 3 engine. ARB regulations will result in the percentage of Tier 4 engines increasing over the next several years.
b. Pursuant to GP EIR Mitigation Measure AQ-2, the applicant shall require their contractors, as a condition of contract, to reduce construction-related exhaust emissions by ensuring that all off-road equipment greater than 50 horsepower (hp) and operating for more than 20 total hours over the entire duration of construction activities shall operate on renewable diesel (such as Diesel high performance renewable). Renewable diesel is currently commercially available in San Francisco Bay Area. c. Pursuant to GP EIR Mitigation Measure AQ-3, the applicant shall require their contractors, as a condition of contract, to reduce construction-related fugitive ROG emissions by ensuring that low-VOC coatings that have a VOC content of 10 grams/liter (g/L) or less are used during construction. The project applicant will submit evidence of the use of low-VOC coatings to BAAQMD prior to the start of construction.
d. Require Fugitive Dust Best Management Practices. All applicants proposing development of projects within Belmont shall require their contractors, as a condition of contract, to reduce construction-related fugitive dust by implementing BAAQMD’s basic control measures at all construction and staging areas. The following measures are based on BAAQMD’s current CEQA guidelines:
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i. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. ii. All haul trucks transporting soil, sand, or other loose material off-site shall be covered.
iii. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
iv. All vehicle speeds on unpaved roads shall be limited to 15 miles per hour (mph). v. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
vi. Post a publicly visible sign with the telephone number and the name of the person to contact at the lead agency regarding dust complaints. This person will respond and take corrective action within 48 hours. The phone number of the District will also be visible to ensure compliance.
e. Pursuant to GP EIR Mitigation Measure AQ-5, the developer(s) shall provide education for residential and commercial tenants concerning green consumer products. Prior to receipt of any certificate of final occupancy, the project sponsors shall work with the City of Belmont to develop electronic correspondence to be distributed by email to new residential tenants that encourages the purchase of consumer products that generate lower than typical VOC emissions. Examples of green products may include low-VOC architectural coatings, cleaning supplies, and consumer products, as well as alternatively fueled landscaping equipment.
f. The applicant must require their contractors, as a condition of contract, to reduce construction-related exhaust emissions by implementing following measures during construction related activities:
i. Idling times must be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations). Clear signage must be provided for construction workers at all access points.
ii. All construction equipment must be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment must be checked by a certified mechanic and determined to be running in proper condition prior to operation. 111
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Prehistoric resources include: chert, or obsidian flakes, projectile points, mortars and pestles, dark, friable soil containing shell and bone dietary debris, heat- affected rock, or human burials. Historic resources include: stone or adobe foundations or walls, structures and remains with square nails, and refuse deposits or bottle dumps. b. In the event that paleontological, archaeological, and/or cultural resources are encountered during construction activities, all construction activity in the area of the find shall be halted, and the Community Development Director shall be notified; an archaeologist shall examine the find and make appropriate recommendations. A plan for the mitigation of impacts to the resources will be prepared and submitted to the City of Belmont for approval. Additional CEQA review may be required depending upon the evaluation of the find.
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9. Noise Standard Conditions
a. Noise Control Plan. The applicant must prepare and implement a noise control plan.

Said plan must incorporate the noise reduction measures identified in the Noise and Vibration assessment prepared for the project by Illingworth & Rodkin, Inc, and the City standard construction noise COAs required for all projects, identified below. b. Noise Coordinator. Prior to construction activities, the project applicant or contactor shall designate a “Construction Noise Coordinator” who would be responsible for responding to any local complaints about construction noise. The Construction Noise Coordinator shall determine the cause of the complaint and shall require that reasonable measures warranted to correct the problem be implemented. The telephone number for the Construction Noise Coordinator must be conspicuously posted at the construction site. Prior to construction activities, the project applicant or contactor shall notify adjacent residents of the construction schedule in writing and provide them with the contact information of the Construction Noise Coordinator. c. Notice. The applicant shall notify property owners within 300 feet of the project site two weeks prior to the initiation of construction activities on site. A schedule of construction activities, contact phone number for the Noise Coordinator, and a copy of the noise control plan shall be included with this notice. d. Grading & Building Noise. The applicant must ensure that the following preventative and monitoring measures are enforced during grading and building operations:
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i. Limit construction activity to the hours listed in the City Noise Ordinance. (8:00 am to 5:00 pm on weekdays, 10:00 am to 5:00 pm on Saturdays, no construction activity on Sundays and holidays). Exceptions to these hours may be approved by the Building Official though the standard City process. ii. Schedule highest noise-generating activity and construction activity away from noise- sensitive land uses.
iii. Equip internal combustion engine-driven equipment with original factory (or equivalent) intake and exhaust mufflers which are maintained in good condition. iv. Prohibit and post signs prohibiting unnecessary idling of internal combustion engines.
v. Locate all stationary noise-generating equipment such as air compressors and portable generators as far as practicable from noise-sensitive land uses. vi. Utilize “quiet” air compressors and other stationary equipment where feasible and available.
e. Noise Barrier Standards. When noise barriers are required or proposed, their design and placement must be reviewed and approved by the project noise consultant, prior to issuance of grading or building permits. These barriers must be installed prior to grading and excavation activities and must be inspected by the project noise consultant to ensure that it has been properly constructed/installed. The barrier must remain in place for the duration of grading and excavation activities, unless approved for removal by the noise consultant to allow work at that location. f. Engine Noise. Prior to issuance of grading or building permits, the applicant must demonstrate that a condition of contract of all contractors and subcontractors requires the use of internal combustion engine-driven equipment with original factory (or equivalent) intake and exhaust mufflers, which are maintained in good condition.
g. Equipment Noise. Prior to issuance of grading or building permits, the applicant must demonstrate that a condition of contract of all contractors and subcontractors requires the use of “quiet” air compressors and other stationary equipment. If the applicant demonstrates that the use of quiet air compressors and other stationary equipment is not feasible, moveable sound barriers or portable sound huts must be used for noise mitigation.
h. Operation. The Project Noise Consultant shall conduct an acoustic analysis of all mechanical and HVAC equipment proposed with the final building permit plans. The results of the analysis and design recommendations to ensure compliance with the City’s Noise Ordinance shall be summarized by the Consultant in a letter submitted 114
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The applicant must submit a copy of the photo survey and written confirmation from the Project Acoustic Consultant that all required monitors have been installed and inspected, and that they meet the consultant’s specifications, prior to issuance of grading or building permits.
b. The applicant must designate a person responsible for registering and investigating claims of excessive vibration. The contact information of such person shall be clearly posted on the construction site.
c. Neighboring property owners within 300 feet of the project site must be noticed of the construction activities and construction schedule (including estimated dates of various construction phases) at least two weeks prior to the start of construction.
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At times where the equipment cannot be positioned at a minimal noise/vibration impacting location, mitigation devices shall be implemented, as determined by the Project Acoustic Consultant, or designated Vibration Monitor. j. After construction activities are complete, the applicant must conduct a postconstruction photo survey of previously surveyed buildings (structures located within 20 feet of construction) for foundation /building wall cracks. The post construction survey, and a summary letter of any resulting actions taken (repairs or 116
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restitutions) must be provided to the Community Development Department, prior to final building permit inspection.

Noise control blanket barriers can be rented and quickly erected. v. Equip all internal combustion engine-driven equipment with intake and exhaust mufflers that are in good condition and appropriate for the equipment. vi. Prohibit unnecessary idling of internal combustion engines. vii. Locate stationary noise-generating equipment such as air compressors or portable power generators as far as possible from sensitive receptors. Construct temporary noise barriers to screen stationary noise-generating equipment when located near adjoining sensitive land uses. Any enclosure openings or venting shall face away from sensitive receptors.
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Conspicuously post a telephone number for the disturbance coordinator at the construction site and include it in the notice sent to neighbors regarding the construction schedule.
b. Wherever feasible, operation of vibration inducing equipment shall be avoided within the distance to existing buildings specified below:
o Clam shovel drop – 18 ft.
o Hydromill (slurry wall) in soil – 1 ft.
o Hydromill (slurry wall) in rock – 2 ft.
o Vibratory Roller – 19 ft.
o Hoe Ram – 9 ft.
o Large bulldozer – 9 ft.
o Caisson drilling – 9 ft.
o Loaded trucks – 8 ft.
o Jackhammer – 4 ft
o Small bulldozer - <1 ft.
c. If the above equipment must operate closer to existing buildings than specified above, a vibration monitoring plan shall be prepared, submitted to the City, and implemented to monitor construction vibration at the nearest structures, including at a minimum the following:
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If an active raptor nest is found close enough to the construction area to be disturbed by these activities, the ornithologist, in consultation with the California Department of Fish and Wildlife Service, will determine the extent of a construction-free buffer zone to be established around the nest.
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13. Tree Protection
a. The applicant shall implement the Tree Protection Guidelines identified on the project Landscape Plans (Demolition Notes Sheet L-0.1).

Clearing & Grubbing: Clear and grub two the limits of work per specifications taking care to not disturb the root system of existing trees to remain. i. Existing Trees to Remain: Existing trees to remain shall be pruned under the direction of a certified arborist in accordance with International Society of Arboricultural (ISA) guidelines prior to beginning of construction. During construction, fencing shall be installed at the drip line of all existing trees to remain per arborist and tree protection plan. All excavation within the drip lines of existing trees to remain shall be done by hand with care taken not to damage the root system of these trees. The contractor shall be responsible for watering and ensuring the health of the trees to remain. Do not water California native oak trees to remain during the dry season (April – October). b. Prior to issuance of a grading or building permit, the applicant must submit written confirmation that all tree protection measures, and pre-construction treatments have been installed and inspected, and that they meet the specifications shown tree protection plan (Sheet L-0.1).
c. Tree protection devices are to remain until all site work has been completed within the work area.
d. If unplanned or unapproved tree injuries or tree removals occur during project construction, the applicant shall contact City Planning Staff. Additional permits may be required.
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14. Tree Removal Fees
a. The applicant shall pay a removal fee in accordance with the fee schedule for all regulated trees being removed due to direct/indirect conflicts with proposed work/site plan.

The GEOR should observe foundation excavations and based on their observations, confirm that adequate embedment has been achieved in supporting materials judged to be competent supporting material. In addition, the GEOR should prepare and submit at the completion of project construction a final report that addresses the following items.
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17. Airport Hazards
a. The project is subject to the requirements of the Federal Aviation Administration outlined in a letter dated March 11, 2024, including but not limited to the following:
i. The manager of San Carlos Airport (SQL) be notified at (650) 573-3700 at least three business days prior to the temporary structure being erected and again when the structure is removed from the site. It is required that the manager of SQL Air Traffic Control Tower be notified at 650-591-8051 at least three business days prior to the temporary structure being erected and again when the structure is removed from the site.
ii. The applicant or a designated representative must provide contact information for the onsite operator in the event that Air Traffic Control requires the temporary structure to be lowered immediately.
iii. Federal Aviation Administration determination letter for temporary structures expires on 09/11/2025 unless extended, revised, or terminated by the issuing office.
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20. Building Division
a. Prior to any construction, the applicant or a designated representative shall obtain all of the required building permits for the project. The applicant will be required to provide a construction and demolition-recycling plan as a condition of the building permit. The Building Department will inspect for compliance with this plan. The conditions of approval for this permit also require the applicant to perform all work in conformance with the NPDES requirements.
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b. All construction and related activities which require a City building permit shall be allowed only during the hours of 8:00 a.m. to 5:00 p.m. Monday through Friday, and 10:00 a.m. to 5:00 p.m. on Saturdays. No construction activity or related activities shall be allowed outside of the aforementioned hours or on Sundays and the following holidays: New Year’s Day, Dr. Martin Luther King, Jr. Day, President’s Day, Memorial Day, 4th of July, Labor Day, Thanksgiving Day, and Christmas Day. All gasoline powered construction equipment shall be equipped with an operating muffler or baffling system as originally provided by the manufacturer, and no modification to these systems is permitted.
c. Specify that the 2022 California Code of Regulations as amended by the State of California and all applicable City of Belmont ordinances will be employed during this project.
d. This project is subject to the School Facilities Fee. Proof of payment must be presented to the City of Belmont before the permit will be issued. Contact the Sequoia Union School District directly for further information (Sequoia Union School District 480 James, Ave., Redwood City, CA 94062. 650.369.1411 ext. 2290 or 2203. www.seq.org).
e. Pursuant to the Belmont Fire Department Ordinance #2016-001, CFC Section 903, the building will receive a fire sprinkler system and the plan will be a deferred submittal. f. Pursuant to Regulation 6, Rule 3 per the Bay Area Air Quality Management District, effective January 1, 2009, no person or builder shall commence construction of a new building or structure permitted to contain or containing a wood-burning device or install a new wood-burning device resulting from a remodel unless the device meets the requirements of Section 6-3-303. Any gas fueled heating device or electric-powered heating device is allowed under this standard.
g. The City of Belmont Municipal Code requires a soils and engineering geology report for all new or substantially altered foundations. Prior to issuance of a Building Permit, provide such a report and a letter from the geotechnical engineer confirming that the foundation plan has been reviewed and that it has been determined that the recommendations in the soils report are properly incorporated into the plans. BMC 7- 12, IBC 106.1 & 1804.3.
h. This project is subject to the requirements of the Green Building Standards Code (Belmont City Code Division 10 Sec. 7-96), the photovoltaic system requirements in the California Energy Code, and the EV charging in the California Green Code. i. Plans to be submitted for a building permit shall show the location of all transformers, fire standpipes, back flow preventer, main electrical service, all subpanels, gas meter, furnace, and water heater.
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II COMPLY WITH THE FOLLOWING CONDITIONS OF THE SAN MATEO CONSOLIDATED FIRE DEPARTMENT:

3. A separate application and permit are required for the installation or alteration of any Fire Alarm, or Water-flow Monitoring System. This application shall include the interconnection of any Fixed Fire Protection System to an Alarm System where provided. A valid Permit and Approved Plans shall be at the jobsite at all times.
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6. A Knox Key-Lock Box is required to be installed as shown on plans. Please contact Fire Prevention at 650-522-7940 to obtain an application.

7. Plans to be submitted for building permits shall show the location of all required Smoke Alarms and Carbon Monoxide Alarms, in accordance with CRC Sections 314 & 315.

9. Plans to be submitted for building permits for the project shall identify the size of bedroom windows, demonstrating that they meet egress requirements of CRC 310.

11. The following additional conditions shall apply to the project or site development permit:
a. Egress. The project shall maintain required egress for all building properties. b. Standpipes. For projects that require standpipes by California Fire Code Section 905.3.1, the applicant must provide not less than one standpipe for use during construction or demolition.
c. Barricades Across Emergency Access Roads. Prior to the installation or use of barricades, fences, or gates across emergency vehicle access roads during construction, the applicant must submit plans to the Fire Plan Checker subject to the review and approval of the Fire Marshal or his/her designee.
d. Address Numbers. The applicant shall post temporary address numbers on each building at the project site that must be easily visible from the street or fire access road. 126
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The building permit plans are subject to review and approval by the Fire Marshal or his/her designee.
h. Remote Power Disconnect. The plans shall show a key switch/shunt trip to disconnect the building electrical power and/or solar photovoltaic system by Fire Department personnel. The key switch/shunt trip location(s) shall be subject to the review and approval of the Fire Marshal or his/her designee.
i. Fire Control Room. he plans shall show a fire control room with direct access from the exterior of the building subject to the requirements listed in the Fire Department’s local Ordinance and subject to the review and approval of the Fire Marshal or his/her designee.
j. Fire Apparatus Access Road. The plans shall show a Fire Apparatus Access Road serving each structure on the property. Each access road shall have a minimum (Fire Plan Checker to Enter: 20 to 26 feet)-foot unobstructed linear width and provide an unobstructed height of no less than 13 feet, 6 inches subject to the review and approval Fire Marshal or his/her designee.
k. Fire Department Submittals. The applicant shall submit all plans involving fire systems (including but not limited to fire sprinklers, fire hydrants, and fire alarms) in conjunction with the superstructure building permit plans to the Fire Department. The plans are subject to review and approval by the Fire Marshal or his/her designee. l. Roadway Load Capacity & Design. The applicant shall submit a letter from a certified soils or geotechnical engineer stating the final roadway is able to support a load of 68,000 pounds. A “Click to Enter” system shall be installed on all Fire Emergency Access Roads. The letter shall be submitted to the Fire Marshal or his/her designee for review and approval prior to the Fire Final Inspection. m. Fire Hydrants. The applicant shall install the approved number of public/private fire hydrant(s) spaced as per the Fire Department’s local Ordinance. All fire hydrants used for fire flow for the project site shall be upgraded to a Clow model 980 or equivalent consisting of (2) 2-½ inch and (1) 4-½ inch outlets. Each hydrant shall be capable of providing a minimum fire flow of 1500 gpm at 20 psi residual pressure. Water supply for fire protection is required to be installed in accordance with water purveyor’s specifications. The water supply shall be tested, flushed and approved operable prior 127
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to any combustible construction materials being placed on the site. Staged construction shall insure that the necessary water supply is maintained from stage to stage in the construction planning. The letter shall be submitted to the Fire Marshal or his/her designee for review and approval prior to the Fire Final Inspection. n. Emergency Responder Radio Coverage. An Emergency Responder Radio Coverage system may be required for this project. Testing shall occur during construction due to circuit protection requirements that will affect building design. The applicant shall provide a third-party testing grid report to the Fire Department subject to the review and approval by the Fire Marshal or his/her designee prior to the Fire Final Inspection.