Belmont City Council
February 24, 2026

Findings for Approval: Detailed Development Plan, Conditional Use Permit, Design Review, Grading Plan and Permit, and Tree Removal
Detailed Development Plan
No findings are required to be made for the approval of a Detailed Development Plan (DDP; Exhibit A). However, a Conceptual Development Plan must be approved prior to the approval of a DDP. An ordinance adopted by the City Council approving the Rezoning from RC Zoning District to PD Zoning District and the CDP, including required findings, was adopted by the City Council on ________, 2026.

Conditional Use Permit
The City Council has considered the applicant’s request for a Conditional Use Permit to establish a Detailed Development Plan and finds that it meets required findings as set forth in Section 11.5.1 of the Zoning Ordinance, as follows:
1) The location of the proposed use is compatible to other land uses in the general neighborhood and does not place an undue burden on existing transportation, utilities and services in the vicinity.

Analysis
Land Use
The General Plan land use designation is Regional Commercial. Regional Commercial allows for community-serving retail and services, visitor- and retailserving auto-oriented commercial services, such as lodging, service stations, car dealerships, commercial office uses, and some light industrial and research and development (R&D) uses may also be permitted.

The underlying base Zoning District is RC. The Zoning Ordinance describes the purpose of the RC is to allow for community-serving retail and services, visitorand retail-serving auto-oriented commercial services, such as lodging, service stations, car dealerships, and commercial office uses at appropriate locations. It also envisions some light industrial and R&D uses; however, these are not explicitly listed as Permitted Uses.

The CDP, as reviewed and approved by the City Council, resolves this by permitting all the uses allowed under the RC District and explicitly allowing Life Science and R&D uses. The CDP also removes restrictions of office space on ground levels so that all permitted uses are allowed on all levels of a building.

The Project is proposed as an office and/or life science project and achieves the 486
Exhibit B – Findings for Approval
Application ID: PA2022-0024; 1301 Shoreway Road
February 24, 2026

objectives of and is consistent with the uses envisioned by the General Plan and Zoning Ordinance for this area. Additionally, the Project site is surrounded by compatible uses including hotels, government facilities, public utilities, and offices.

Public Services and Utilities
The Project will not burden park and recreational facilities, police or fire services.

The EIR evaluated impacts to City services as a result of the project and determined the impacts to be less than significant. The EIR determined that the project’s impacts to water supply, wastewater conveyance and treatment, generation of solid waste to be less than significant. The project’s impacts to connecting to or upgrading service systems is reduced to less than significant after mitigation.

Transportation
The developer prepared a Traffic Impact Analysis (TIA) and Transportation Demand Management Plan (TDM). The City reviewed the TIA and TDM and determined its conclusions related to traffic impacts and improvements and plan to reduce vehicle miles traveled (VMT) meet City standards.

The TDM identifies measures that would reduce VMT for employee trips to reduce potential impacts. These measures include:
• Pedestrian oriented building entrances and breezeways • Short-term and long-term bicycle parking
• Preferential parking for carpool/vanpool spaces
• Carpool/Vanpool matching services
• Telecommuting and flexible work schedules
• Participation in a Transportation Management Association • Designating a TDM Liaison
These measures would reduce the project’s VMT by 15% meeting the City’s and the San Mateo County City and County Association of Governments’ (C/CAG) VMT reduction goals.

The TIA identified intersections that would experience delays in a cumulative plus project scenario. This means evaluating how traffic would be affected by this project and other known projects in Belmont, Redwood City, and San Carlos. These intersections include:
• Island Parkway/US 101 northbound off/ramp
• Shoreway Road/Airport Way/Holly Street
• El Camino Real/Ralston Avenue
• Island Parkway/US 101 Northbound
487
Exhibit B – Findings for Approval
Application ID: PA2022-0024; 1301 Shoreway Road
February 24, 2026

The delays caused by the project would be addressed by payment of the project’s fair-share towards improvements identified in the City’s General Plan and corridor plans. The landowner would also construct or pay its fair-share of project specific improvements, such as the Shoreway Road/Airport Way/Holly Street Intersection. 2) The site is of sufficient size to accommodate the proposed use together with all yards, open spaces, walls and fences, parking and loading facilities, landscaping and such other provisions required by this Ordinance.

Analysis
The lot is 301,130 square feet (6.91 acres). The project site is located on the southeastern block of the intersection of Shoreway Road and Sem Lane. Primary frontage is along Shoreway Road. The project is bounded by Belmont Creek to the northeast, Sem Lane to the northwest, Shoreway Road to the southwest, and a Pacific Gas & Electric (PG&E) substation to the southeast. The site is currently developed with a 148,919 square feet (sf) multi-tenant office building.

Two buildings and an above ground parking garage are proposed. The two buildings would be constructed at 8-stories (133 feet tall) with 270,542 sf and 7- stories (117 feet tall) with 271,583 sf for a total of 542,035 sf for commercial use.

The above ground garage would be 9 levels (89 feet tall), provide 1,533 spaces in addition to 93 uncovered surface spaces, and 442,690 sf.

The site is sufficient in size to accommodate the layout of the buildings, parking and loading facilities. The site is large enough that it can include surface parking in addition to the parking garage, and numerous places for onsite outdoor activity.

These places include a central plaza and sports court for tenants, access to a publicly accessible trail, and provide an onsite publicly accessible trail. Additionally, the proposed project includes landscaping and the planting and replanting of 166 trees. 3) The site will be served by streets of capacity sufficient to carry the traffic generated by the proposed use.

As noted above, a TIA was prepared for the project and identified project-related changes to transportation level of service. Impacts created by the project would be addressed by payment of the project’s fair-share towards improvements identified in the City’s General Plan and corridor plans. The landowner would also construct or pay its fair-share of project specific improvements, such as the Shoreway Road/Airport Way/Holly Street Intersection. Additionally, the project’s TDM plan would help reduce demand on City streets.
488
Exhibit B – Findings for Approval
Application ID: PA2022-0024; 1301 Shoreway Road
February 24, 2026

4) The proposed use, if it complies with all conditions upon which approval is made contingent, will not adversely affect other property in the vicinity or the general welfare of the City.

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

The following two additional findings for Conditional Use Permits are required by the Zoning Ordinance (Section 12.4.C) for all uses, projects, and additions in PD District.

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

As noted above, the proposed PD District is consistent with and will achieve objectives of the Zoning Plan and the General Plan of the City.

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

An ordinance adopted by the City Council approving the Rezoning from RC Zoning District to PD Zoning District and the CDP, including required findings, was adopted by the City Council on ________, 2026. The CDP includes all the uses allowed within the RC Zoning District, adds Life Science and R&D, and allows permitted uses on all building levels.

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

City staff and consultants have completed technical review of the project addressing traffic, parking, grading, drainage, stormwater runoff, sanitary sewer capacity, vehicular and pedestrian access, site circulation, site stability, structural encroachments, and construction-related impacts. As documented in the Staff Report, Environmental Impact Report, and supporting technical studies, conditions of approval and mitigation measures have been incorporated, as applicable, to ensure these issues are adequately addressed. The project includes required infrastructure improvements, 489
Exhibit B – Findings for Approval
Application ID: PA2022-0024; 1301 Shoreway Road
February 24, 2026

Transportation Demand Management measures, grading and drainage controls, and construction management requirements to avoid or minimize potential impacts. b) The project is consistent with the landscape standards under Section 13.3.1 as applicable.

The project is consistent with standards of Section 13.3.1 landscape requirements. The project provides 56,204 sf of landscaped area out of a total lot 301,130 sf lot size. This results in a landscaped area of 18 percent which exceeds the 10 percent landscaped area requirement. The landscape program includes a palette of drought tolerant and/or California native plant species, including City preferred trees, tenant courtyards, a publicly accessible trail, and integrated site amenities like seating, picnic tables and exercise kiosks. The project’s landscape design complies with the Water Efficiency in Landscape Ordinance (WELO) and includes a fully underground, automated irrigation system serving all landscaped areas, with drip irrigation and hydro-zoning used where appropriate. Vegetation management measures are incorporated where required to address fire safety and long-term maintenance. Additionally, surface parking areas are landscaped and screened in accordance with Belmont Zoning Ordinance standards to soften visual impacts and enhance the overall site design. c) The project is consistent with the development standards in the underlying Zoning District.

The project is consistent with the development standards of the underlying Regional Commercial RC Zoning District, except where modified by the Conceptual Development Plan. Like the standards and purpose of the RC Zoning District, the project provides commercial and employment-oriented uses, complies with required setbacks, landscaping, parking supply, and circulation standards. Additionally, the commercial project is compatible with other surrounding commercial developments.

The project maintains the intent of the RC District by concentrating higher-intensity employment uses within a designated regional commercial corridor east of U.S. 101.

While the project requests flexibility related to building height, floor area ratio, and driveway width, these deviations are addressed through the Planned Unit Development zoning process, which is intended to allow site-specific standards when consistent with the General Plan and accompanied by community benefits. Findings supporting General Plan consistency and community benefits are included with the City Council resolution to approve the Rezone from RC Zoning District to PD Zoning District and Conceptual Development Plan. The project is also seeking the rezoning from RC to PD to add permitted uses which are the same as or similar to other uses within the RC District. In balance, the project is consistent with the applicable RC District regulations and implements the District’s purpose of supporting regional-serving commercial and employment uses.
d) The project is consistent with the objective design standards in Section 13.6 as 490
Exhibit B – Findings for Approval
Application ID: PA2022-0024; 1301 Shoreway Road
February 24, 2026

applicable.

The proposed project is consistent with the building design standards as established by Section 13.6. The project employes an architectural theme that is carried consistently across all elevations through design and the use of primary materials, colors, and detailing. The buildings incorporate vertical and horizontal articulation above the ground floor through projections, offsets, and recesses which creates variation. These elements meet or exceed minimum depth and width requirements, including recessed wall planes, projecting façade elements, and articulated glazing systems. Ground floors are distinguished from upper stories through recessed entrances, material changes, increased transparency, and pedestrian-oriented detailing along street-facing façades.

Blank wall segments are limited in length and are addressed through landscaping, green wall treatments, and architectural articulation to maintain visual interest along pedestrian routes. Architectural detailing complies with standards through the use of recessed window and door openings and articulation that reduce building mass.

Roofline design includes parapets, step-backs, and variations in height and form, contributing to the city’s skyline while remaining compatible with surrounding developments. All exterior materials colors are muted, using earth-tone or cool colors.

Rooftop mechanical equipment is screened from public view by enclosures that match the buildings’ materials, colors, and design. Ground-level utilities, refuse areas, and service elements are similarly screened but are also complemented by quality landscaping. Exterior lighting is designed to provide adequate illumination for safety while minimizing glare and light spill with fixtures pointed downwards. Collectively, these design strategies ensure the project meets the intent and requirements of the Belmont Zoning Ordinance’s building, equipment screening, lighting, and color standards.

Grading Plan
The City Council evaluated the proposed Grading Plan and finds that it meets the required findings set forth in Section 9-27(a)-(h) of the City of Belmont City Code (Grading), as follows:
a). The Project will not endanger the stability of the site or adjacent properties, or pose a significant ground movement hazard to adjacent properties.

The City's Building Division and Public Works Department have reviewed the grading plans for the Project, and have determined that the plan is in conformity with the Building Code and the City of Belmont Grading Ordinance (Chapter 9 of the City Code). In addition, the City’s standard requirements require the preparation of a site-specific geotechnical investigation, independent peer review of the investigation and incorporation of the findings of the independent peer review into Project design. 491
Exhibit B – Findings for Approval
Application ID: PA2022-0024; 1301 Shoreway Road
February 24, 2026

The Applicant’s geotechnical engineer, Cornerstone Earth Group, prepared geotechnical investigations of the site. The City’s consulting civil engineer, Ruggeri Jensen Azar (RJA) reviewed the geotechnical investigations proposed as part of the Project and concurred with the characterization of the Project site, findings, and design specifications. The City’s standard Conditions of Approval include additional requirements for the grading plans, geotechnical studies, obtaining of relevant permits from outside agencies, and implementation of best management practices (BMPs) prior to the issuance of building permits.
b) The proposed drainage improvements, landscaping, and erosion control measures would be adequate to control erosion or flooding and would not degrade riparian habitats, stream channel capacity or water quality.

The applicant has submitted a C-3 Checklist, hydrology study, and landscaping, grading, and drainage plans. The submitted materials identify methods to treat drainage from the site primarily by utilizing vegetated areas. 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, Stormwater Management Plan (SMP) and a Stormwater Pollution Prevention Plan (SWPPP) will be required to be submitted for review and approval as part of the building permit application process.

The Conditions of Approval require the implementation of Best Management Practice (BMPs) 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 BMPs to ensure the protection of water quality in storm runoff from the Project site.

Additionally, an Environmental Impact Report (EIR) and Mitigation and Monitoring Reporting Program (MMRP) was prepared for the Project. As the site is adjacent to Belmont Creek, the MMRP includes specific actions to mitigate impacts to riparian habitats during construction.
c) The amount of grading proposed is necessary to allow reasonable use of the site.

The Project proposes to cut (i.e. remove) approximately 3,500 cubic yards (cy) and fill (i.e. add) 11,500 cy of soil to the site, resulting in a net increase of 8,000 cy. The fill is required to provide vertical separation between the bottom of the proposed bioretention and ground water surface and to ensure the site is two (2) feet above the base flood elevation. The latter objective is to place the buildings finished floors above the 100-year flood elevations in accordance with City and Federal Emergency Management Agency (FEMA) requirements.

The grading plan has been reviewed by the Public Works Department and found not to be excessive, as it is required for the redevelopment of the property (i.e., there is no grading unnecessary for the Project proposed on extraneous areas of the property). 492
Exhibit B – Findings for Approval
Application ID: PA2022-0024; 1301 Shoreway Road
February 24, 2026

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 surrounding area, which is similarly graded/developed with commercial buildings, government facilities, or public utilities located on generally flat pads and surrounded by landscaping and parking areas.

The proposed grading would accommodate required off-street parking 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 City Code (Grading Ordinance).

Conditions of approval have been attached to the Project to ensure that the final grading plan for the Project will meet all of the standards contained in the Belmont City Code. 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.
g) The grading permit is conditioned on issuance of a hauling permit, if required.

A hauling permit will be required in association with the Grading Permit for this Project.

Additionally, the Conditions of Approval require the submittal of a Traffic Control Plan and Construction Management Plan identifying haul routes, maximum size of construction equipment, and hours of operation.
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 53 protected trees and 104 trees not protected by the Belmont City Code. These tree removals are necessary for the proposed development of the site (i.e., to accommodate the site improvements, grading of the site, drainage improvements, fire access and safety, and utilities, etc.). The project proposes to plant 166 trees onsite including transplanting 19 existing trees. Of the 19 existing trees proposed for replanting, 16 qualify as protected. 147 of the 166 trees to be planted would be new. 141 The Conditions of Approval include protection measures for trees to be retained; including maintenance of existing grades and requiring mitigation when existing grade cannot be 493
Exhibit B – Findings for Approval
Application ID: PA2022-0024; 1301 Shoreway Road
February 24, 2026

maintained.

Tree Removal Permit
Necessity of Removals
The Applicant’s arborist, Trees, Bugs, Dirt Landscaping Consulting & Training, prepared an arborist report dated May 12, 2022. The Applicant requests to remove or transplant all trees currently on the site. The arborist identified trees that are candidates for transplanting and identified the location of all existing trees.

The applicant’s consulting arborist (Trees, Bugs & Dirt) identified 167 trees onsite. The applicant proposes to remove 157 trees, including 53 protected trees as defined by Belmont City Code. Of the 53 trees proposed for removal, 25 were found to be in poor or very poor health. Additionally 12 of the protected trees could be removed without the City Council’s consideration of necessary criteria. The City Council is not required to consider the criteria for those 12 trees because they are of a genus not preferred by the City, including Eucalyptus and Acacia.

The applicant proposes to plant 166 trees, including 19 trees that could possibly be replanted. Of the 166 trees, 147 would be new including 62 trees that qualify as replacement trees for protected trees. The amount of proposed replacement trees exceeds the required 1 to 1 protected tree replacement. Of the new trees proposed for the project, 141 are California natives including:
• Bishop Pine (24 proposed)
• Coast Live Oak (22)
• Western Redbud (33)
• Vine Hill Manzanita, a rare California native (31)
• California Buckeye (18)
• Julia Phelps California Lilac (13)
The City Council has considered the applicant’s request for a Tree Removal Permit and finds that these tree removals are necessary for the proposed development of the site and satisfy the following criteria (Section 25-7(b) and Section 25-7(c):
• Section 25-7 (b). The reviewing authority shall issue a permit to remove any species of acacia pursuant to Section 25-7(b) without consideration of the criteria in Section 25-7(c).

Section 25-7 (c)
• 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. 25 trees qualify under this condition.
• The particular tree species is undesirable due to characteristics such as invasiveness, 494
Exhibit B – Findings for Approval
Application ID: PA2022-0024; 1301 Shoreway Road
February 24, 2026

tendency toward limb failure, and fire hazard. 13 trees qualify under this criteria • Removal of the tree is needed in order to construct improvements or otherwise allow conforming use of the property. 157 trees qualify under this criteria. (i.e., to construct improvements or otherwise allow ). Further, the Council finds that adequate arrangements would be made for the protection of trees to be retained. Specifically, the Conditions of Approval (attached as Exhibit C) contain requirements for tree protection and for retaining the services of a Certified Arborist to ensure tree care standards and best management practices are implemented.

Conditions of Permit
All of the trees proposed for removal (157) are non-native, invasive, or ornamental. The vast majority of them (73%) originate from Australia or New Zealand. Of those 157 trees, 53 are protected based on size. Nineteen of the existing trees would be transplanted onsite, including 16 protected trees. The Belmont City Code requires the Applicant to plant a preferred species tree of at least 15 gallons, or pay an in-lieu fee, for each protected tree removed. As noted in the table above, 147 new trees would be planted, and all are planned to be California native trees. Of those, 62 would qualify as replacement trees and consist of California buckeye, manzanita or ceanothus. 495
Exhibit C
Conditions of Approval
1301 Shoreway Road
Contents
Contents ......................................................................................................................1 A. General Conditions of Approval...............................................................................2 B. Standard Conditions of Approval.............................................................................4 Aesthetics.................................................................................................................4 Air Quality .................................................................................................................5 Green House Gas ......................................................................................................7 Biological Resources .................................................................................................7 Cultural Resources ..................................................................................................12 Geology & Soils .......................................................................................................13 Hazardous Materials................................................................................................16 Fire Hazards............................................................................................................17 Airport Hazards .......................................................................................................19 Other Agency Permits ..............................................................................................19 Hydrology & Water Quality........................................................................................20 Noise and Vibration .................................................................................................25 Transportation and Traffic.........................................................................................29 Utilities ...................................................................................................................33 C. Project Specific Conditions of Approval .................................................................34 Planning Division .....................................................................................................34 Building Division......................................................................................................35 Police Department...................................................................................................37 Public Works Department ........................................................................................38 San Mateo Consolidated Fire Department.................................................................41 D. Mitigation Monitoring and Reporting Program .........................................................41 496
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
February 24, 2026

A. General Conditions of Approval

1. The following Conditions of Approval may be superseded by future State regulations or outside regulatory agency requirements and guidelines. The project must comply with any conditions superseded by State regulations or outside regulatory agency requirements.

2. Prior to issuance of building permits, the property owners shall file with the Director of Community Development, on forms provided by the City, an acknowledgment that they have read, understand and agree to the Mitigation Measures identified in the Environmental Impact Report, incorporated herein, and these conditions of approval.

3. 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.

4. 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, 497
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
February 24, 2026

officers, agents, employees, contractors or subcontractors.

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

5. Development and Impact Fees
The applicant/developer agrees to pay all applicable fees, including but not limited to, regulatory, connection, General Plan Maintenance, Plan Check, Building Permit, Tree Removal Permit, Sewer Impact and Sewer Connection Fees, as specified by each respective City Ordinance or the City's Master Fee Schedule.

Regulatory and Development Fees
a) Prior to issuance of Building Permits, the applicant/property must pay all required Sewer Capacity and Sewer Connection Fees.
b) Public Art Requirement (Belmont City Code Sec. 17-128) - The Project shall comply with the Belmont City Code Chapter 17, Article V (the “Public Art Ordinance”), which requires the payment of one percent (1%) of the building development costs, as defined in the Public Art Ordinance (the “Public Art Investment”). Land Owner agrees to provide a minimum of fifty percent (50%) of the Public Art Investment as an in lieu payment, which shall be paid at the issuance of the first building permit for the Project, for use by the City on public art projects in the City. The remainder of the Public Art Investment shall be on the Property in compliance with the provisions of the Public Art Ordinance and the design, location, and timing of installation must be approved by the City. Implementation of this requirement must be consistent with the Development Agreement as adopted by the City Council on _____________, 2026.

Impact Fees - These Impact Fees are documented in the Development Agreement as adopted by the City Council on _____________, 2026. The Development Agreement shall govern the escalation of the fees over the term of the Development Agreement and timing of payment.
c) Prior to issuance of Building Permits, the applicant/property owner must 498
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
February 24, 2026

pay all required Park Improvement Impact Fees. The calculated fee for the project is $433,628 as of January 20, 2025.
d) Prior to issuance of Building Permits, the applicant/property owner must pay all required Transportation Impact Fees (TIF). The calculated fee for the project is $6,753,756 as of January 20, 2025.
e) Prior to issuance of Building Permits or as otherwise specified by the Development Agreement, the applicant/property must pay all required Housing Mitigation/Inclusionary In-Lieu Fees. The calculated fee for the project is $7,940,813 as of January 20, 2025.

6. In the event any of the General or Standard Conditions of Approval are inconsistent with the Development Agreement adopted by the City Council on _____________, 2026, (“Development Agreement”), the Development Agreement shall control.

B. Standard Conditions of Approval
Aesthetics

1. All exterior lighting must 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 must be no floodlighting of landscape plantings, courtyards or building. To ensure consistency with city standards for lighting and compliance with the submitted photometric plan, a final lighting review shall occur by Planning after installation of project lighting and before final Building Permit inspection.

2. Installation of roof mounted mechanical equipment shall be consistent with the Detailed Development Plan approved _____________, 2026. Roof mounted equipment shall be placed behind roof screens so as not to be visible from surrounding vantage points at or below the highest point of the equipment.

3. Except as modified by these conditions of approval, or as required by subsequent project review, the Building Permit Plans shall be consistent with the Detailed Development Plan approved _____________, 2026.

4. The applicant shall demonstrate that the building is consistent with the Detailed Development Plan approved _____________, 2026, prior to final building permit 499
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
February 24, 2026

inspection. As built, floor plans and a roof height elevation from an engineer or surveyorthatincludes any rooftop equipment and screens shall be provided.

5. 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.

Air Quality
Construction & Operations

6. Pursuant to GP EIR Mitigation Measure AQ-5, the developer(s) shall provide education for commercial tenants concerning green consumer products. Prior to receipt of any certificate of final occupancy, the project sponsors shall work with theCity of Belmontto develop electronic correspondence to be distributed by email to new commercial tenants that encourages the purchase of consumer products that generate lower than typical VOC emissions. Examples of green products may include low-VOC architectural coatings, cleaning supplies, and consumer products, as well as alternatively fueled landscaping equipment.

7. 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:
a. 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.
b. 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.

8. 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 aVOC content of 100 grams per liter orless for interior surfaces and 150 grams per liter or less for exterior surfaces.
500
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
February 24, 2026

Dust Control

9. The owner/applicant must submit a dust control plan for approval by the Public Works Department. 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 publicorprivatepropertyshall 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.
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. All sidewalks shall be kept clear of dust and debris unless the sidewalk is closed as part of a City approved traffic control plan.
e) Sweep streets daily along the haul route (with water sweepers) if visible soil material is carried onto adjacent public streets.
f) Entry and exit from the site will use rock or rumble strips to prevent tracking. g) Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more). h) Enclose, cover, water twice daily, or apply non-toxic soil binders to exposed stockpiled materials.
i) Install sandbags or other erosion-control measures to prevent silt runoff to public roadways.
j) Replant vegetation in disturbed areas as quickly as possible. k) Watering should be used to control dust generation during the break-up of pavement.
l) Cover all trucks hauling demolition debris from the site. m) Use dust-proof chutes to load debris into trucks wheneverfeasible. n) Water or cover stockpiles of debris, soil, sand or other materials that can be blown by the wind.
501
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
February 24, 2026

o) 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.
p) Diesel powered equipment shall not be left inactive and idling for more than five minutes, and shall comply with applicable BAAQMD rules. q) Use alternative fueled construction equipment, if possible. r) All vehicle speeds on unpaved roads shall be limited to 15 mph. s) Post a visible sign with the telephone number and person to contact at the Lead Agency regarding dust complaints. This person shall respond and take corrective action within 24 hours. The Air District phone number shall also be visible to ensure compliance with applicable regulations.

Green House Gas

10.Applicant shall endeavor to acquire (source) a minimum of 10% of the construction materials from within 100 miles of the planning area.

11.A minimum of 65% of the construction waste generated by this project must be recycled or salvaged for use. Documentation must be provided before the final building permit inspection. Sample forms located at
www.hcd.ca.gov/CALGreen.html may be used to assist in documenting compliance.

12.Prior to issuance of a building permit, the applicant must provide documentation (i.e., construction contracts or signed agreements) demonstrating that all contractors and subcontractors agree to operate all offroad 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).

Biological Resources
Tree Protection

13.Arborist Services. Tree protection measures should be consistent with the 502
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
February 24, 2026

American National Standards Institute (ANSI) A300 Tree Care Standards and the International Society of Arboriculture’s Best Management Practices (BMPs). The applicant shall retain the services of a Certified Arborist to ensure that ANSI standards and ISA BMPs are in place prior to construction and shall review all aspects of the project to ensure that the following recommendations and conditions have been properly implemented as may be applicable:
a. Tree Protection Zones - Tree protection zones should be installed and maintained throughout the entire length of the project. Fencing for tree protection zones should be 6’ tall, metal chain link material supported by metal 2” diameter poles, pounded into the ground to a depth of no less than 2’. The location for the protective fencing for the protected trees on site should be placed at a distance equal to the trees canopy spread where possible. Where not possible because of approved proposed work, the tree protection fencing shall be placed at the edge of the proposed work. No equipment or materials shall be stored or cleaned inside the protection zones. Areas where tree protection fencing needs to be reduced for access or for any other reason, should be mulched with 6” of coarse wood chips with ½ inch plywood laid on top(landscape barrier). The plywood boards should be attached together in order to minimize movement. The spreading of chips will help to reduce compaction and improve soil structure. All tree protection measures must be installed prior to any demolition or construction activity at the site.
b. Landscape Barrier - Where tree protection does not cover the entire root zone of the trees, or when a smaller tree protection zone is needed for access, a landscape buffer consisting of wood chips spread to a depth of six inches with plywood or steel plates placed on top will be placed where foot traffic is expected to be heavy. The landscape buffer will help to reduce compaction to the unprotected root zone.
c. Root Cutting – Any roots to be cut shall be monitored and documented.

Large roots (over 2” diameter) or large masses of roots to be cut must be inspected by the site arborist. The site arborist may recommend irrigation or fertilization of the root zone. All roots needing to be cut should be cut clean with a saw or lopper. Roots to be left exposed for a 503
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
February 24, 2026

period of time should be covered with layers of burlap and kept moist. d. Pruning. All pruning shall be completed by a Certified Arborist or Tree Worker and adhere to the latest edition of the ANSI Z133 and A300 standards as well as the BMPs – Tree Pruning published by the International Society of Arboriculture.
e. Grading - The existing grade underneath the canopies of any protected trees on site is recommended to be retained as is. Grade changes of 3" may be acceptable by the Project arborist after review. Any grade changes proposed that are greater than 3" will require special mitigation measures for tree in close proximity. No grade changes are allowed within 3 feet of a tree's basal flare.
f. Trenching andExcavation - Trenching forirrigation, drainage, electrical or any other reason shall be done by hand when inside the dripline of a protected tree. Hand digging and the careful placement of pipes below or besides protected roots will significantly reduce root loss, thus reducing trauma to the tree. All trenches shall be backfilled with native materials and compacted to near its original level, as soon as possible.

Trenches to be left open for a period of time, will require the covering of all exposed roots with burlap and be kept moist. The trenches will also need to be covered with plywood to help protect the exposed roots. g. Irrigation - Normal irrigation shall be maintained on the project site at all times for any imported trees. For any retained drought tolerant species trees, no irrigation is needed unless the tree root zones are traumatized.

These trees will benefit from supplemental irrigation in the months of May and October to get them through a long dry season. No dry season irrigation shall be provided to any drought tolerant trees as this significantly raises the risk of the tree contracting an oak root fungus disease. Any retained drought tolerant species trees can be irrigated once a month during the dry season. The on-site arborist may make adjustments to the irrigation recommendations as needed. The foliage ofthedroughttoleranttrees may needcleaning ifdustlevels are extreme.

Removing dust from the foliage will help to reduce mite and insect infestation.
h. Inspections - It is the contractor’s responsibility to contact the site 504
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
February 24, 2026

arborist when work is to take place underneath the dripline of a protected tree on site.

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

15.Tree protection devices are to remain until all site work has been completed within the work area. Fences orother protectiondevices maynotbe relocated orremoved withoutpermission of the Project Arborist.

16.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.

17.After completion of exterior construction work and before final building permit inspection, the applicant shall submit a final written report/letter from the Project Arborist. Said report/letter must provide an evaluation of the construction impacts to the subject tree’s health or structural 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.

Bats

18.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.

19.If signs of bats are detected, CDFW should be contacted about how to proceed.

Echo- location surveys may be needed to verify the presence of bats, or an exclusion zonearoundthe 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.

Woodrats
505
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
February 24, 2026

20.Pre-Construction Survey. No more than thirty days prior to site disturbances (i.e., clearing, grubbing, grading or tree removal), a qualified biologist must survey for SFDW nests within and adjacent to the limits of these activities (impact area). All nests (active or inactive) must be mapped and flagged in the field. If no stick nests are detected, no further surveys are required, unless recommended by the biologist. The biologist must submit the results of the survey to the Community Development Department, prior to any site disturbances.

21.Construction Worker Education. Prior to issuance of building permits, the applicant must demonstrate that a qualified biologist has conducted worker environmental awareness training for all project construction personnel. The training must include a description of the San Francisco dusky-footed woodrat (SFDW) and how to recognize and avoid SFDW stick houses. Workers must be instructed to remain within the designated work area at all times and to minimize the area of vegetation removal and ground disturbance to the minimum necessary for the project.

22. Avoidance / Buffer Plan. Woodrat houses within 50 feet of the construction activities area must not be physically disturbed and must be protected with the maximum feasible dispersal buffer, as determined by a qualified biologist. The buffer areas must be clearly marked with flagging. The buffer areas must be left in a natural, vegetated state and no construction activities or staging of equipment may take place within the buffer areas. The applicant must demonstrate that the buffer areas are in place and inspected by a qualified biologist, prior to grading, grubbing or tree removal activities.

23.Unexpected Woodrats. In the event that unexpected woodrat nests 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; a qualified biologist must examine the find and make appropriate recommendations for buffer installation (avoidance measures) or relocation of woodrat nests with approval by the California Department of Fish and Wildlife. The applicant must demonstrate that the buffer is in place or the woodrats have been properly relocated, prior to resuming activities in the area of the find.

24.Relocation Plan. If woodrat nests are to be relocated, then a woodrat relocation plan must be prepared and submitted to California Department of Fish and Wildlife (CDFW) for approval. Relocations must be performed under the direct supervision of a qualified biologist approved for this project by the CDFW.

Riparian & Aquatic Resources
506
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
February 24, 2026

25.Prior to issuance of permits for grading, building or tree removal, the applicant must: a) Provide copies of all permits from any relevant regulatory agencies (i.e., the U.S. Army Corps of Engineers, the San Francisco Bay Regional Water Quality Control Board, and the California Department of Fish and Wildlife, and San Francisco Bay Conservation Development Commission); and b) Demonstrate to the satisfaction of the Community Development Director that permits are not required from any relevant regulatory agencies.

26.The applicant shall implement the avoidance measures identified in the project Biological Report; These measures shall be included on a plan sheet submitted with the grading and building permit applications.

27.Prior to issuance of a grading or building permit, the applicant shall submit written confirmation from the project biologist that all avoidance measures, and preconstruction treatments have been installed and inspected, and that they meet the biologist’s specifications.

Cultural Resources
Archeological Resources

28.Prior to issuance of building permits, 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.

29.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.

Human Remains
507
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
February 24, 2026

1. If any human remains are discovered or recognized in any location on a project site or within the public right-of-way, 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.
c)

2. All earthmoving activities for the project, both on site and within the public rightof-way, shall be monitored by a qualified professional archaeologist who meets the Secretary of the Interior's Standards for Archaeology. A report on the results of the monitoring shall be submitted to the Community Development Department, prior to the construction of the building foundation.

Geology & Soils
Geotechnical

30.Geotechnical Plan Review - Before submittal to the City, the Project Geotechnical Consultant shall review and approve all geotechnical aspects of the project building and grading plans (i.e., site preparation and grading, building set-backs, site drainage improvements and design parameters for foundations, retaining walls and access driveway/garage) to ensure that their recommendations have been properly incorporated. The consultant shall ensure that the geotechnical design recommendations comply with the most current seismic design parameters of the California Building Code. The results of the geotechnical plan review and updated geotechnical design recommendations shall be summarized by the Project GeotechnicalConsultantinaletterandsubmittedtothecity for review and approval prior to issuance of building permits.
508
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
February 24, 2026

31.Geotechnical Field Inspection –The geotechnical consultant must inspect, test (as needed), and approve all geotechnical aspects of the project construction. The inspections must include, but not necessarily be limited to: site preparation and grading, site surface and subsurface drainage improvements, and excavations for foundations and retaining walls prior to the placement of steel and concrete. The results of these inspections and the as- built conditions of the project must be described by the geotechnical consultant in a certification letter and submitted to the City Engineer prior granting final occupancy.

Grading & Erosion Control

32.Prior to any grading or clearing being performed on-site, 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 Public Works Department and Building Division. The plan must incorporate the following restrictions:
a. All soils stockpiled on the site during construction must be covered or otherwise protected from wind and water erosion.
b. During construction, erosion and sedimentation control plans must be implemented to retain sediments on-site.
c. Site grading and finished construction must be designed and executed in such a manner as to avoid diverting runoff onto other properties. d. Restrictions and recommendation of the Geologic and Soils report as approved by the City’s Geologist.

33.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, or his/her designee. The Stormwater Pollution Prevention Program Best Management Practices (BMPs) for construction shall be implemented to protect water quality. The applicant must obtain a General Construction Permit from Regional Water Quality Control Board prior to beginning of grading.

34.A letter from the geotechnical consultant, shall inspect, test, as needed, and approve all geotechnical aspects of the project construction. The inspections shall include, but not necessarily be limited to site preparations and grading, site surface and subsurface drainage improvements, and excavations for foundations and retaining walls prior to the replacement of steel and concrete. The geotechnical consultant shall observe all excavations during project grading to verify anticipated 509
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
February 24, 2026

geologic conditions and to check for any apparent indications of temporary excavation instability. In addition, the geotechnical consultant shall observe installation of construction shoring measures. A final geotechnical inspection shall be performed of completed drainage improvements to verify conformance with geotechnical standards.

35.The results of these inspections as the as-built conditions of the project shall be described by the geotechnical consultant in a letter and submitted to the City Engineer for review prior to final (granting of occupancy) project approval.

36.The applicant must 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 FranciscoBayRegion Erosion and P.O. Box 791, Oakland, CA 94604-0791. c) Methods and procedures to stabilize denuded areas and install and maintain temporary erosion and sediment control continuously until permanent erosion controls have been established.
d) Provision for preventing erosion and trapping sediment on-site, such as sediment basins or traps, earthen dikes or berms, fiber rolls, silt fence, check dams, storm drain inlet protection, soil blankets or mats, covers for soil stockpiles 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 510
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
February 24, 2026

material; types of vegetative cover and mulch, including methods and schedules for planting and fertilization; and provisions for temporary and permanent irrigation.

Hazardous Materials
Hazardous Materials

37. The applicant must engage the services of a qualified hazardous materials abatement specialist to: a) Conduct a survey for hazardous materials (e.g., lead, Polychlorinated biphenyls, asbestos, mold, mercury, etc.) in the existing structures, prior to demolition; and b) remove any hazardous materials in compliance with all pertinent regulations regarding handling and disposal of these hazardous materials, including City demolition permit requirements.

38. A Health and Safety Plan (HSP) pursuant to the Occupational Health and Safety Administration Standard “Hazardous Waste Operations and Emergency Response” guidelines (29 CFR 1910.120) and the California Occupational Health and Safety Administration “Hazardous Waste Operations and Emergency Response” guidelines (CCR Title 8, Section 1592), must be submitted to the City Building Division, prior to issuance of any demolition, grading or building permits. A plan sheet must be prepared noting the requirements of the HSP as a part of the demolition, grading and building permit submittal.

39. Prior to issuance of grading or building permits, the applicant shall submit a site access control plan, which at minimum shall include perimeter fencing, the closing and locking of gates during non-construction hours, and the posting of “no trespassing” signs in prominent locations that are visible to the general public. Said plan shall be implemented prior to the occurrence of any onsite grading work.

40. A qualified environmental consultant (as identified in the project GMP) and a licensed contractor with a Hazardous Substance Removal Certification from the State of California must beon siteduringdemolition, gradingandtrenchingactivities to oversee operations. This requirement must be noted on the plans approved for demolition, grading and construction. No permits will be issued in absence of noting and fulfilling this requirement.

41. The Project site must be posted with a sign on all sides identifying the name and telephone number of the project sponsor and environmental consultant. Contact 511
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
February 24, 2026

information will be provided for the public to report visible dust so that fugitive dust can be promptly addressed. The contact information will allow for a “visible dust alert” hotline that is monitored by the responsible person (or designee) during construction hours and allows for voice messaging at all other times.

42. A schedule of the anticipated demolition, grading and construction operations must be prepared that identifies the types of activities and duration of the activities on the Project site. The Project sponsor shall mail the schedule to the owners and occupants of property within a 300-foot radius of the Project site no less than two weeks prior to the start of demolition, grading or construction. Proof of mailing shall be provided to the Planning Division. The schedule shall be posted on the jobsite visible from all four sides of the project site.

Fire Hazards
During Construction Phase

43. Egress – The applicant shall maintain required egress for all adjacent buildings/properties.

44. Standpipes – For projects that require standpipes by California Fire Code Section 905.3.1, the applicant shall provide not less than one standpipe for use during construction or demolition.

45. 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 submit plans to the Fire Plan Checker subject to the review and approval of the Fire Marshal or his/her designee.

46. 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.

47.Demolition – The applicant shall comply with the California Fire Code Chapter 33 during all phases of construction of the project.

Prior to Building Permit for Demo, Shoring

48. 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. 512
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
February 24, 2026

49. Water Supply – All city/district owned water systems and on-site water systems shall be looped with two points of connection to the satisfaction of the City Engineer or his/her designee. The systems shall meet the requirements of State Department of Health Services, City’s Public Works Department, and the Fire Marshal. The water supply information shall be submitted to the Fire Marshal or his/her designee for review and approval.

50. 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.

Prior to Building Permit for Superstructure

51. 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.

52.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.

53. Fire Control Room – The 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.

54. Roadway Load Capacity and 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. The letter shall be submitted to the Fire Marshal or his/her designee for review and approval prior to the Fire Final Inspection

55. Hazardous Materials - A master building wide Hazardous Materials Inventory Statement (HMIS) and a tenant HMIS shall be kept on file with the building management for the lifetime of the use. The building management shall manage all tenant HMIS documents against the Master HMIS such that the total quantity of hazardous materials shall not exceed the Maximum Area Quantities (MAQ’s) as defined by the HMIS and CFC Chapter 50. This project shall update their fire sprinkler design density to an Extra Hazard class to 0.4/3,000 square-feet. 513
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
February 24, 2026

Prior to Final Inspection

56. 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.

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

58. Fire inspections are available Monday through Friday, 8:00 am to 4:00 pm. Call 650- 522- 7940 a minimum of 48 hours in advance to place your inspection request.

59. In accordance with the Municipal Regional Storm water Permit (MRP), no fire sprinkler systemdrainshalldischarge intoanyStormDrainSystem. The systemshall discharge to either a landscape area large enough to contain the outflow, or to the Sanitary Sewer by means of an indirect connection. Discharge to the Sanitary Sewer requires a Discharge Permit from Public Works. Indicate the location of the Fire Sprinkler System drain on plans submitted for a building permit.

Airport Hazards

60. A Notice of Actual Construction or Alteration must be e-filed any time the project is abandoned or within 5 days after the construction reaches its greatest height.

61. If lighting or marking is installed, it is recommended to be installed in accordance with FAA Advisory circular 70/7460-1 L.

62. Prior to issuance of a building permit, the project sponsor shall file Form 7460-1 with the FAA and provide to the City of Belmont a non-expired FAA “Determination of No Hazard” for each structure.

Other Agency Permits

63.Construction activity resulting in a land disturbance of one acre or more, or less than 514
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
February 24, 2026

one acre but part of a larger development shall obtain the Construction Activities Storm Water General Permit (General Permit) from the State Water Quality Control Board (http://www.scrcb.ca.gov/stormwtr/construction.html or (916) 341-5537).

The State requires a completed Notice of Intent to comply (NOI) package and a Storm Water Pollution Prevention Plan (SWPPP) prepared in accordance with Section A of theGeneralPermitprior 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.

64. Verify location of utility meters, valves, back flow preventers, and hydrants with appropriateutilitycompany. Showrelationshipofeachtosite improvements, suchas retaining walls.

Hydrology & Water Quality
Hydrology & Water Quality

65. Prior to issuance of a building permit, the applicant shall submit an updated C.3 and C.6 Development Review Checklist, Special Projects Worksheet F documenting the LID treatment reduction credit, a narrative of LID Feasibility/Infeasibility and a Storm Water TreatmentPlan showing a minimum of 27% LID treatment is incorporated into the storm water treatment design as shown on the City approved Preliminary Stormwater Management Plan prepared by BKF for review and approval by the City Engineer.

66. All plans shall conform to the requirements oftheCity NPDES stormwater discharge permit and the San Mateo Countywide Stormwater Pollution Prevention Program (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 Storm Water Treatment Facilities Operation and Maintenance Agreement shall be prepared by the applicant incorporating the conditions of this section. The applicant shall execute the Agreement with the Director of Public Works or designee. The Agreement shall outline the continuous operation and maintenance (O&M) plan for the permanent storm water treatment facilities including irrigation and landscape maintenance of Green Infrastructure elements constructed in the public right-of-way and shall be 515
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
February 24, 2026

recorded with the County Recorder’s Office. This Agreement shall be executed prior to the first occupancy of the building.

67. Grading shall be performed in accordance with the City Grading Ordinance, Chapter 9 of theCity Code. Soil or other construction materials shall not be stockpiled in the public right- of-way unless an encroachment permit is obtained from the Public Works Department. Grading shall neither be initiated nor continued between November 15 and April 15. Grading shall be donebetweenthe hours of 8:00 a.m. and 5:00 p.m., Monday through Friday unless otherwise specifically authorized by the Director of Public Works. The Stormwater Pollution Prevention Program Best Management Practices (BMPs) for construction shall be implemented to protect water quality.

Construction - BMPs

68. Prior to issuance of Grading or Building Permits, the applicant must submit an erosion and sedimentation control plan describing Best Management Practices (BMPs) to be used to prevent soil, dirt, and debris from entering the storm drain system. The plan shall include the following items:
a) A site plan showing the property lines, existing and proposed topography, and slopes; areas to be disturbed, locations of cut/fill and soil storage/disposal area; areas with existing vegetation to be protected; existing and proposed drainage patterns and structures; watercourses or sensitive areas on-site or immediately downstream of project; and designated construction access routes, staging areas and washout areas.
b) Erosion and sediment controls to be used during construction, selected as appropriate from the California Regional Water Quality Control Board, San Francisco Bay Region Erosion and P.O. Box 791, Oakland, CA 94604-0791. c) Methods and procedures to stabilize denuded areas and install and maintain temporary erosion and sediment control continuously until permanent erosion controls have been established.
d) Provision for preventing erosion and trapping sediment on-site, such as sediment basins or traps, earthen dikes or berms, fiber rolls, silt fence, check dams, storm drain inlet protection, soil blankets or mats, covers for soil stock piles and/or other measures.
e) Provisions for installing vegetative cover in disturbed areas, including areas to be seeded, planted, and/or mulched, and types of vegetation proposed. f) Provision for diverting on-site runoff around exposed areas and diverting off516 Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
February 24, 2026

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.

69.During grading and building operations, the owner/applicant shall ensure that applicable Best Management Practices (BMPs) from the San Mateo Countywide Stormwater Pollution Prevention Program (STOPPP) are followed to prevent discharge of soil or any construction material into the gutter, stormdrain system or creek.

70. 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, wash water or sediment, and non- stormwater discharges to storm drains and watercourses. c) Use sediment controls, filtration, or settling to remove sediment from dewatering effluent.
d) Do not clean, fuel, or maintain vehicles on-site, except in a designated area in which runoff is contained and treated.
e) Delineate clearing limits, easements, setbacks, sensitive or critical areas, buffer zones, trees, and drainage courses with field markers or fencing. f) Protect adjacent properties and undisturbed areas from construction impacts using vegetative buffer strips, sediment barriers or filters, dikes, mulching or other measures as appropriate.
g) Perform clearing and earth moving activities only during dry weather (April 15 through November 14).
h) Limit and time applications of pesticides and fertilizers to prevent polluted runoff
i) Limit construction access routes and stabilize designated access points. 517
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
February 24, 2026

j) Do not track dirt or other materials off-site; clean off-site paved areas and sidewalks using dry sweeping methods.

71. If construction is not complete by the start of the wet season (November 15 through April 15), prior to November 15 the developer shall implement a winterization program to minimize the potential for erosion and sedimentation. As appropriate to the site and status of construction, disturbed soils through temporary or permanent seeding, mulching, matting, tarping or otherwinterization 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 Public Works Department may direct the developer to implement additional winterization requirements.

Operational – BMPs

72. 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 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.

73. The property owner shall install, operate, and maintain all permanent stormwater quality protection measures included in the approved project plan using qualified personnel. The property owner/applicant must keep a maintenance and inspection schedule and record to ensure that the treatment control measures continue to operate effectively for the life of the project. Records must be provided to the Public Works Department, on an annual basis, on or before June 30 of each year.

74. 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 submittedto theCity forreview 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.
518
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
February 24, 2026

75. The developer shall provide to the first 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.

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

77. 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.

78. 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.

79. The phrase “No Dumping-Drains to Bay” or equal phrase shall be labeled on new stormdrain inlets by stenciling, branding, plaque or casting.

80. Thepropertyownershallinstalltrashcapturedevices instormdrainsystems thatlead directly to the off-site storm drain system or outfall. Devices shall be approved by the Director of Public Works or designee. Trash capture devices are required on site consistent with the State Water Resources Control Board definition of Full Capture System. All on-site trash capture devices shall be cleaned routinely and maintained by the Owner perthe Stormwater Treatment Facilities Maintenance Agreement.

81. All on-site drain facilities must be inspected twice a year and cleaned immediately priortothe rainy season (prior to October 15) and once again during the rainy season.

Results of inspection and cleaning shall be reported to the Public Works Department on an annual basis on or before June 30 of each year.

82. 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 Public Works Department on an annual basis on or before June 30 of each year.

83. Trash enclosures and dumpster areas shall be identified in the plans prior to building permit issuance and shall be covered, fully closed on three sides, install an impervious floor, install drains, and shall comply with NPDES requirements. Drains within the trash enclosure will be connected to the sanitary sewer system.

84. No wastewater (including equipment cleaning wash water, vehicle wash water, cooling water, air conditioner condensate, and floor cleaning wash water) shall be 519
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
February 24, 2026

discharged to the storm drain system, the street or gutter.

85. Interior level parking garage floor drains, and any other interior floor drains, shall be connectedto the sanitary sewer system, subjectto the local sanitary sewer agency’s authority and standards. A permit is required for discharge to the sanitary sewer.

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

87. Roof drains shall drain away from the building and be directed to landscaping or a stormwater treatment measure.

88. The developer shall provide to the first 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.

89. 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.

90. Outdoor storage areas for oils, fuels, solvents, coolants, 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 owners/associations shall implement a regular program of sweeping and litter control at these sites.

91. Fire sprinkler test water shall be discharged 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.

92. 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.

Noise and Vibration
Noise
Construction
520
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
February 24, 2026

93. 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 study prepared for the project, and the City standard construction noise COAs required for all projects.

94. 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 determinethe causeofthecomplaintandshall 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.

95. 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 forthe NoiseCoordinator, and a copy ofthe noise control plan shall be included with this notice.

96. Grading&BuildingNoise. The applicant must ensure that the following preventative and monitoring measures are enforced during grading and building operations:
a) Limit construction activity to the hours listed in the City Noise Ordinance. (8:00 amto5:00 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. b) Schedule highest noise-generating activity and construction activity away from noise- sensitive land uses.
c) Equip internal combustion engine-driven equipment with original factory (or equivalent) intake and exhaust mufflers which are maintained in good condition. d) Prohibit and post signs prohibiting unnecessary idling of internal combustion engines.
e) Locate all stationary noise-generating equipment such as air compressors and portable generators as far as practicable from noise-sensitive land uses. f) Utilize “quiet” air compressors and other stationary equipment where feasible and available.
521
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
February 24, 2026

97. 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.

98. 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.

99. 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.

Operation
100. TheProjectNoiseConsultantshallconductanacousticanalysisofallmechanical andHVAC equipmentproposedwiththefinalbuildingpermitplans. Theresultsofthe analysis and design recommendations to ensure compliance with the City’s Noise Ordinance shall be summarized by the Consultant in a letter submitted with the building permit plans. The consultant’s recommendations shall be incorporated into the building plans, prior to issuance of a building permit.

Interior Noise
101. 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:
g) 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.
522
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
February 24, 2026

h) Prior to issuance of a Building Permit, the project noise consultant must certify inwriting 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.

Construction Vibration
102. 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. The applicant must submit a copy of the photo survey and written confirmation from the Project Acoustic Consultant to the Planning and Building Departments 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.
103. 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. 104. 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.
105. 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 structuresthatarespecifiedintheVibrationAssessmentmustoccurpriortograding operations.
106. Vibration monitors shall be placed at the sensitive receptors 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.
523
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
February 24, 2026

107. Building structures near the project 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. 108. 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.
109. 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.
110. 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 determinedby the ProjectAcousticConsultant or designated Vibration Monitor. 111. After construction activities are complete, the applicant must conduct a postconstruction photo survey of previously surveyed buildings for foundation /building wall cracks. The post construction survey, and a summary letter of any resulting actions taken (repairs or restitutions) must be provided to the Community Development Department, prior to final building permit inspection.

Transportation and Traffic
TDM
112. The applicant shall demonstrate compliance with both the County of San Mateo (C/CAG) and the City of Belmont’s Transportation Demand Management (TDM) programs through implementation of an approved TDM Plan. The Director of Public Works (PW) or his/her designee shall determine whether the TDM plan prepared by Hexagon Transportation Consultants, Inc and dated November 21, 2025 satisfies C/CAG’s and the City’s requirements and may require the preparation of an updated 524
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
February 24, 2026

TDM plan. The applicant shall submit an annual TDM compliance report and pay a TDM review fee, as specified in the City’s Master Fee Schedule. In addition, the following is required:
a) The Applicant, using the adopted TDM program, shall provide a tally of how many points and under which categories the project will be achieving TDM measures. b) The Applicant shall implement the TDM measures identified in the final approved Traffic Impact Analysis. The applicant shall submit an annual TDM compliance report and pay a TDM review fee, as specified in the City’s Master Fee Schedule.
c) The TDM program shall be evaluated annually to assess the actual level of trip reduction achieved at the site and to identify any adjustments to the program necessary to ensure the TDM measures are successful. Consistent with common traffic engineering data collection principles, trip generation shall be monitored annually by means of AM and PMcommute hour driveway counts. The counts shall be conducted between 7:00 AM and 9:00 AM and between 4:00 PM and 6:00 PM one day per year on a typical weekday (Tuesday, Wednesday, or Thursday) during the fall when school is in session. Mechanical tube counts, hand counts, or video counts may be used. Thepeak 60-minute period should be calculated for each two-hour traffic count period.
d) An annual worker survey should be conducted to determine transportation mode choice (i.e., drive alone, carpool, bus, Caltrain, etc.). The site TDM coordinator shall work with an independent consultant to obtain traffic count data, implement the annual commuter surveys and document the results in a TDM monitoring report.
e) The annual monitoring report shall be submitted to the Public Works Director or citywide TMA by the TDM coordinator. The data shall be reviewed by the City to assess whether the goal of a 15% trip reduction is being met. f) In addition to the annual monitoring reports, a five-year review shall be conducted to evaluate the overall effectiveness of the TDM measures. If the city determines that the trip reduction goal is not being achieved, additional TDM measures may be implemented. Modifications to the TDM plan may include additional programs or services listed in the City of Belmont’s TDM program or otherwise available for achieving vehicle trip reductions. g) The annual TDM monitoring report shall describe any planned modifications to the TDMprogram intended to ensure compliance with the trip reduction targets established for this project.
525
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
February 24, 2026

Construction Traffic
113. Prior to issuance of a building or grading permit, the Applicant shall prepare a construction management plan (CMP) for review and approval by the Public Works Department in consultation with the Community Development Department and Police Department. For properties located at or in close proximity to the City borders, the plan shall be routed to adjacent jurisdictions.

The CMP shall include a response to construction-related conditions and requirements identified by reviewing City departments, and outside agencies for inclusion in the Plan. The plan shall include at least the following items:
h) 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
i) 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
j) Traffic Control Plan
526
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
February 24, 2026

Routes for construction-related traffic (hauling, deliveries, works, etc.) shall be identified in consultation with the Public Works Department. Grading, hauling, and construction delivery traffic shall be timed to avoid peak hour school and work commute traffic. The CMP shall identify the maximum size of construction equipment/trucks during construction, expected temporary street closure, 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. k) 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. l) 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 as required by current City pavement restoration standards, or as otherwise directed by the City Engineer. m) Response to CMP Conditions
A response shall be provided to CMP conditions from other City departments, and outside agencies.

Encroachment Permits
527
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
February 24, 2026

114. The property owner/applicant shall apply for and obtain temporary encroachment permits from the Public Works Department 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, etc. 115. The property owner/applicant shall apply for and obtain a permanent encroachment agreement (PEA) from the Public Works Department, with approval by the City Council, for a structure, retaining wall, awning, or other features constructed in the public right-of-way, easement or on property in which the City holds an interest. This PEA shall be recorded with the San Mateo County Recorder’s office prior to project construction.

Emergency Access
116. Street widening, improvements, and dedications shall be in accordance with City Standards and specifications as required by the Public Works Department. 117. 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 Public Works Department approved standards. Photographs or video of before condition are recommended.
118. A commercial driveway approach shall be installed in accordance with the Public Works Department approved standards.

Utilities
Stormwater
119. The owner/applicant shall analyze the existing storm drain system from the property boundary to the outfall unless the Director of Public Works, or his/her designee authorizes a less stringent analysis. On-site and off-site drainage facilities such as catch basins and storm drain pipes shall be designed to collect runoff from a storm of 10-year return frequency. Should any deficiency in this system be found that would be affected by increased runoff from the project site, the owner/applicant shall improve the downstream system or contribute a proportionate share of the cost for improvements as determined by the Public Works Department.

Sewer
528
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
February 24, 2026

120. The owner/applicant shall analyze the existing sewer system from the property boundary to the nearest pump station or main trunk line to determine its capacity to handle increased sewer flows from this development unless the Director of Public Works, or his/her designee authorizes a less stringent analysis. Should any deficiency in this system be found, the owner/applicant shall improve the downstream system or contribute a proportionate share of the cost for improvements as determined by the Public Works Department. 121. Applicant shall install the sanitary sewer connection in accordance with Public Works Department approved standards and pay the applicable sewer connection fee. Sanitary sewer to include a back flow prevention device.

Solid Waste
123. A letter shall be provided from the Recology stating that service is available to the project as designed. Public Works will review the proposed service for impacts to the right-of-way.

C. Project Specific Conditions of Approval
Planning Division

1. The Conceptual Development Plan (CDP), as approved by Resolution NO. ____ adopted by the City Council on _____________, 2026, shall govern the land use and design standards for the planned development.

2. The Detailed Development Plan (DDP) shall be consistent with the CDP and shall identify all structures, parking areas, grades, and landscaping.

3. All future Detailed Development Plan (DDP) application submittals shall include all application submittal materials as required by the Planning Department at time of application submittal and in addition, shall also include a detailed phasing plan to address both the scope of the submitted DDP application(s) and any future improvements not yet constructed as specified in these Conditions of Approval.

4. Any requested modifications to the approved CDP, shall be referred to the Planning Commission and City Council for consideration of an amendment to the approved CDP, pursuant to Belmont Zoning Ordinance (BZO) Section 12.3.2. 529
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
February 24, 2026

6. Any amendments to the DDP and all future DDPs shall be compliant with the California Environmental Quality Act.

7. All mitigation measures included in the Mitigation Monitoring and Reporting Program (MMRP), as approved by Resolution NO. ____ adopted by the City Council on _____________, 2026, and incorporated herein, shall be implemented and are a part of these conditions of approval.

8. All future DDP applications shall implement all applicable Mitigation Measures identified in the most current certified Environmental Impact Report for the City of Belmont for an adopted General Plan and any other applicable planning document.

9. The Building Permit Plans shall be consistent with the DDP and the CDP as approved by Resolution NO. ____ adopted by the City Council on____, date stamped _____________, 2026.

10. A master sign program is required for the project and must be approved by the Planning Commission prior to the installation of any signage.

11. All future Detailed Development Plan (DDP) applications shall demonstrate compliance with the adopted General Plan, Belmont City Code, Belmont Zoning Ordinance, and any other applicable, adopted City plan and/or program effective at the time of formal application submittal, to the satisfaction of the Community Development Director.

12. Prior to operation of any facility at biosafety level three (BSL-3), the building occupant(s) shall obtain an administrative permit for BSL-3 operations from the City which shall be approved by the City Manager or their designee. The applicant shall satisfy any City requirement for BSL-3 operations in place at the application submittal, which may include, and shall not be limited to, the certification by a third party that the construction and operations of facilities and process meet necessary federal and state requirements and guidelines.

Building Division

13. All Building Plan submittals shall comply with the California Code of Regulations and all local ordinances in effect at the time of permit submittal, to the satisfaction of the Chief Building Official, prior to any permit issuance. 530
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
February 24, 2026

14. The project is subject to an engineered retaining wall design requirement.

15. Plans shall show the location of all transformers, fire standpipes, and back flow preventers.

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

17. 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.

18. Grading and Drainage - 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.

19. If PG&E is requiring the developer to put in the gas and/or electrical connection, then the developer must submit plans for the encroachment to the Department to Public Works.

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

21. 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.

22. Hardcopy plans shall be available in project trailer/office for marking each day, the completed inspections at the end of the project, the plans shall be copied by the developer and the developer shall provide a file to the Building Division for the electronic storage of the inspection record.

23. Applicant shall obtain all department final signatures before requesting a Building Division final signature.
531
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
February 24, 2026

Police Department

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

25. No debris boxes or building materials shall be stored on the street.

26. Flag person(s) shall be required for closures.

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

28. No parking of construction/employee vehicles is permitted in the roadway.

29. Any lane/road closures must only be conducted during non-commute hours (9am3pm).

30. A signage plan is required for closures/detours this plan must be approved by the PD Traffic Unit.

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

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

Thompson or email to [email protected].

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

34. A minimum roadway width of 12' must be maintained at all times for emergency access.

35. The property address must be clearly posted at all times during and after construction, visible and legible from entire roadway frontage(s). 532
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
February 24, 2026

36. Ensure PD has access to any secured emergency access easements/gates/pathways.

Public Works Department

37. Prior to issuance of a Certificate of Occupancy or Final Inspection, whichever occurs first, the applicant shall pay $17,670 (9.3% fair share towards the estimated $190,000 cost of improvements identified in the applicant’s Transportation Impact Analysis) in fair share fees to the City of Redwood City toward the cost of the following improvements within the jurisdiction of Redwood City: 1) Eastbound left turning lane extension by 50 feet on Holly Street at its intersection with Shoreway Road, 2) Change Shoreway Road southbound right-turn control from permitted to permitted + overlap, 3) Require signal equipment modifications, and 4) Eliminate eastbound left-turn U-turns, which have low demand.

38. Prior to issuance of a Certificate of Occupancy or Final Inspection, whichever occurs first, the applicant shall pay $2,001 (8.7% fair share contribution as identified in the Applicant’s Transportation Impact Analysis) towards the estimated $23,000 cost of the following improvements: 1) Convert two exclusive left-turn lane and one shared left/through lane; 2) Convert the shared through/right-turn lane into a right turn lane. This fee is part of the aforementioned Traffic Impact Fee (TIF) and shall not be collected in addition to the TIF.

39. Prior to issuance of a Certificate of Occupancy or Final Inspection, whichever occurs first, the applicant shall pay $185,000 (37% fair share contribution as identified in the applicant’s Transportation Impact Analysis) towards the estimated $500,000 cost of installing the traffic signal at the intersection of Elmer Street and Ralston Avenue, as identified in the Ralston Avenue Corridor Study Plan.

This fee is part of the aforementioned Traffic Impact Fee (TIF) and shall not be collected in addition to the TIF.

40. The City may establish a Transportation Management Association (TMA) to include the area of this project. If such a TMA is established, this project is required to participate in the TMA, including annual payment of membership dues. The TMA will develop TDM measures and make them available to both existing and future development within the TMA area. If the TMA is established at the time, payment shall be made prior to issuance of the first building permit.

41. Slurry seal the entirety of Sem Lane per City of Belmont standards prior to 533
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
February 24, 2026

certificate of occupancy or final inspection, whichever comes first unless the Director of Public Works, or his/her designee authorizes a lesser roadway improvement. The work shall be shown on the building permit plans.

42. Grind and Overlay the entire width of Shoreway Road fronting the project area per City of Belmont standards prior to certificate of occupancy or final inspection, whichever comes first unless the Director of Public Works, or his/her designee authorizes a lesser roadway improvement. The work shall be shown on the building permit plans.

43. The approved Detailed Development Plan show the necessary offsite improvements adjacent to the project site, from the terminus point of the existing sidewalk, curb and gutter along Shoreway Road and Sem Lane. These improvements include removal, replacement, and construction of the existing curbs, gutter, sidewalk, driveways, asphalt pavement, and retaining walls.

Detailed engineering plans including but not limited to frontage conformance and design shall be shown on Building Permit plans.

44. The approved Detailed Development Plan show relocation of the curb on Shoreway Road by a foot and a half to make enough room for Class II bike lanes on this section of Shoreway. During Building Permit submittal and review, the applicant shall prepare a study to be presented to Public Works to ensure that this improvement is achievable from an engineering standpoint. Detailed engineering plans including but not limited to frontage conformance and design shall be shown on Building Permit plans.

45. The approved Detailed Development Plan show Class II bike lanes and 5 foot sidewalk. If the proposed Class II bike lanes are not feasible as a result of the provided study referenced in Public Works Department COA 8, the sidewalk must measure 6 feet from the face of curb to back of walk. Detailed engineering plans including but not limited to frontage conformance and design shall be shown on Building Permit plans.

46. Outstanding items from entitlement review to be shown on Building permit Plans:
a. The Construction Details, Sheet C10.0. Specify thickness and type of impermeable liner proposed.
b. If PG&E is requiring the developer to put in the gas and/or electrical connection, then the applicant must submit plans for the encroachment to the Public Works Department.
534
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
February 24, 2026

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

Plant species used within the biotreatment measure area shall be consistent with Appendix A of the C.3 Technical Guidance.
f. 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. g. 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.
h. No treatment measures (other than properly sealed and screened cisterns or rain barrels) shall have standing water more than 5 days, for vector control. i. LID treatment measures to be shown on final improvement or grading plans shall not differ materially from the LID treatment measures presented on the 535
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
February 24, 2026

project’s approved entitlement drawings without written approval from the Public Works Department.

Infiltration Measures
j. All infiltration devices shall be located and designed to ensure no damage will occur to surrounding improvements from underground water. k. Soil media within the bioinfiltration measure shall consist of 18 inches of biotreatment soil consistent with the Attachment L of the MRP. l. Other parameters of final design shall be consistent with the design guidelines presented in the latest version of the C.3 Technical Guidance.

San Mateo Consolidated Fire Department

48.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 26- 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. The applicant shall include in construction drawings a fire access lane that provides access from Sem Lane to Building 1. The width of the lane must be approved by the San Mateo Consolidated Fire Department and shown in the construction drawings prior to building permit issuance.

D. Mitigation Monitoring and Reporting Program
In addition to the conditions of approval described above, the project is also required to comply with the Mitigation Monitoring and Reporting Program (MMRP) prepared for this project as part of the Environmental Impact Report. Additionally, compliance with the MMRP is required under the California Environmental Quality Act. 536
Attachment 4 – Impact Analysis
Impact
Significance
Before
Mitigation
Mitigation Measure Significance
After Mitigation
Aesthetics
Impact AES-1: The project
would alter the visual character
or quality of the site and its
surroundings as seen from public
viewpoints.

Significant MM AES-1.1 Construction Screening
To minimize and soften the visual effects of construction as seen from nearby businesses and adjacent land uses, the project proponent shall incorporate construction fencing or screening around the perimeter of the site. The screening material shall be of sufficient height to mask ground-level activities. Screening shall remain in place during site preparation and new building construction. Screening shall not be necessary during the final stages of construction when architectural coatings, detailing and landscaping are applied.

Less than
significant
Impact AES-3: The project
would introduce new sources of
light and glare to the project site
and project area.

Significant MM AES-3.1 Light/Glare Reduction and Design Prior to the issuance of building permits, final improvement, lighting and architectural plans shall clearly demonstrate the light glare reducing features and finishes of the project.

Lighting and finishes shall be selected to reduce reflective glare, bird strike, and light spill to neighboring properties and habitat areas.

Less than
significant
Air Quality
Impact AQ-2: The project could
result in a cumulatively
considerable net increase of any
criteria pollutant for which the
project region is in nonattainment under an applicable federal or State ambient air
quality standard.

Significant General Plan EIR Mitigation Measure AQ-1: Require Tier 4 Engines on Construction Equipment
General Plan EIR Mitigation Measure AQ-3: Require Low-VOC Coatings During Construction
General Plan EIR Mitigation Measure AQ-4: Require Fugitive Dust Best Practices General Plan EIR mitigation measures are implemented through project Conditions of Approval.

Less than
significant
Biological Resources
Impact BIO-1: The project
could have a direct or indirect
adverse effect on special status
species.

Significant MM BIO-1.1 Avoidance and Preconstruction Surveys Seasonal Avoidance. Tree removal, demolition, and the start of construction activities shall be scheduled to avoid the nesting season. If such activities take place outside the nesting season, all impacts on nesting birds protected under the MBTA and California Less than
significant
537
Attachment 4 – Impact Analysis
Impact
Significance
Before
Mitigation
Mitigation Measure Significance
After Mitigation
Fish and Game Code will be avoided. The nesting season for most birds in San Mateo County extends from February 1 through August 31.

Preconstruction/Pre-disturbance Surveys. If it is not possible to schedule construction activities between September 1 and January 31, then preconstruction surveys for nesting birds shall be conducted by a qualified biologist to ensure that no nests of migratory birds will be disturbed during project implementation. These surveys shall be conducted no more than 7 days prior to the initiation of tree removal, demolition, ground disturbance, or construction activities for each construction phase. During this survey, the biologist will inspect all trees and other potential nesting habitats (e.g., trees, shrubs, buildings, and the ground) in and immediately adjacent to the impact areas for migratory bird nests.

Buffers. If an active nest is found within areas that would be disturbed by project activities, the ornithologist will determine the extent of a construction-free buffer zone to be established around the nest (typically 300 ft for raptors and 100 ft for other species), to ensure that no nests of species protected by the MBTA and California Fish and Game Code will be disturbed during project implementation.

Inhibition of Nesting. If construction activities will not be initiated until after the start of the nesting season, all potential nesting substrates (e.g., bushes, trees, grasses, and other vegetation) that are scheduled to be removed by the project may be removed prior to the start of the nesting season (e.g., prior to February 1). This will preclude the initiation of nests in this vegetation and prevent the potential delay of the project due to the presence of active nests in these substrates.

MM BIO-1.2 Project Construction Precautionary Measures
Worker Environmental Awareness Program. Before any construction activities begin, a qualified biologist shall conduct a training session for all construction personnel. At a minimum, the training will include descriptions of the salt marsh harvest mouse and salt marsh wandering shrew, their habitats, the laws protecting them, the general measures that are being implemented to conserve these species as they relate to the project, and the boundaries within which the project may be accomplished.

Exclusion Barrier. Prior to the start of construction activities along the eastern edge of the project site, a barrier will be installed at the outer limits of the work area on the east side of the project site to exclude salt marsh harvest mice and salt marsh wandering shrews from the project site. This barrier will consist of a 3-ft tall, tight cloth, smooth plastic, or sheet-metal (or similar material) fence toed into the soil at least 3 inches deep 538
Attachment 4 – Impact Analysis
Impact
Significance
Before
Mitigation
Mitigation Measure Significance
After Mitigation
and supported with stakes placed on the inside of the barrier. Following the installation of the barrier, designated construction personnel will check its integrity each morning that construction activities occur and will initiate repairs immediately as needed.

Environmentally Sensitive Area Fencing. Prior to the start of construction activities along the eastern edge of the project site, the project limits on the east side of the site will be clearly demarcated with highly visible Environmentally Sensitive Area fencing to avoid inadvertent disturbance of any habitat outside of the designated construction area during construction activities. This fencing may be combined with the exclusion barrier but must not be outside that barrier.

Immediate Work Stoppage. If a salt marsh harvest mouse, salt marsh wandering shrew, or an animal that could be one of these species is observed on the project site during project activities, all work that could result in the injury or death of the animal will stop immediately and a qualified biologist will be immediately notified. The animal will be allowed to leave the area on its own and shall not be handled except by a qualified biologist authorized to do so.
539
Attachment 4 – Impact Analysis
MM BIO-1.3 Water Quality
During construction, the contractor shall employ the following measures to treat and minimize runoff from the project site.
▪ All relevant erosion control, sediment control, source control, treatment control, material management, and stormwater management measures consistent with the latest edition of the California Stormwater Quality Association “Stormwater Best Management Practices Handbook,” will be implemented.
▪ Spill prevention kits shall always be in close proximity when using hazardous materials (e.g., crew trucks and other logical locations). ▪ If any fueling of equipment needs to occur in areas directly draining to the wetlands along Belmont Creek, containment shall be provided in such a manner that any accidental spill of fuel shall not be able to enter the water or contaminate sediments that may come in contact with water.
▪ A hazardous materials management/fuel spill containment plan will be developed and implemented by the construction contractor and given to all contractors working on the project, with at least one copy of the plan located on the site at all times.
▪ Vehicles will be checked daily for oil or fuel leaks and will be washed only at an approved area. No washing of vehicles will occur within areas directly draining to the wetlands along Belmont Creek.
▪ Within 100 ft of tidal wetlands along Belmont Creek, the work site, areas adjacent to the site, and access areas will be maintained in an orderly condition, free and clear from debris and discarded materials. Personnel will not sweep, grade, or flush surplus materials, rubbish, debris, or dust onto adjacent areas or wetlands or waterways. Upon completion of work, all building materials, debris, unused materials, concrete forms, and other construction-related materials will be removed from the project site.
▪ Stockpiled materials in areas draining to the tidal wetlands along Belmont Creek will be covered by plastic sheeting, tarps, or similar material that can be secured during wind and rain. A sediment fence or berm will be installed around stockpiled dredged material to prevent runoff from transporting sediment into sensitive habitats (such as wetlands and open waters).
▪ Water conservation methods will ensure that water used in the project site does not create surface flows capable of carrying pollutants to the nearby slough channel. 540
Attachment 4 – Impact Analysis
Impact
Significance
Before
Mitigation
Mitigation Measure Significance
After Mitigation
▪ Silt fencing will be erected along the limits of disturbance between the project site and wetlands along Belmont Creek during construction activities that could potentially result in siltation of wetlands and open waters of Belmont Creek.

MM BIO-1.4 Project Lighting
The following measures shall be identified on the project’s final improvement plans and incorporated into the project design to reduce the effects of glare or increased luminance experienced by migratory birds and wildlife using Belmont Creek:
▪ Exterior lighting shall be minimized (e.g., by turning lights off) in accordance with recommendations from the International Dark-Sky Association (2011) from midnight until dawn, at a minimum, except as needed for safety and City code compliance.
▪ Spillage of lighting from building interiors shall be minimized using occupancy sensors, dimmers, or other mechanisms from midnight until dawn, at a minimum, during bird migration seasons (February–May and August–November). This measure may be voluntarily implemented year-round.
541
Attachment 4 – Impact Analysis
Impact
Significance
Before
Mitigation
Mitigation Measure Significance
After Mitigation
Impact BIO-2: The project
could have an adverse effect on
sensitive natural communities,
including riparian habitat.

Significant Refer to MM BIO-1.3 Less than
significant
Impact BIO-3: The project
could have an adverse effect on
protected wetlands.

Significant Refer to MM BIO-1.3 Less than
significant
Impact BIO-4: The project
could interfere with the
movement of native resident or
migratory wildlife and/or
associated nursery sites.

Significant MM BIO-4.1 Bird Safe Building Design
Glazing on identified bird hazards (the east and north facades of Building 1 and all facades of Building 2) will be treated with a bird-safe glazing treatment such that no more than 10% of the total façade area from 0–60 feet above grade consists of untreated glazing. Bird-friendly glazing includes, but is not limited to, opaque glass, covering the outside
surface of clear glass with patterns, paned glass with fenestration, frit or etching patterns, and external screens over nonreflective glass. Highly reflective glass is not permitted.

Bird-safe glazing shall have the following parameters:
▪ Vertical elements of the window patterns should be at least 0.25 inches wide at a maximum spacing of four inches and/or have horizontal elements at least 0.125 inches wide at a maximum spacing of two inches; OR
▪ Bird-safe glazing shall have a Threat Factor less than or equal to 30.

Less than
significant
542
Attachment 4 – Impact Analysis
Impact
Significance
Before
Mitigation
Mitigation Measure Significance
After Mitigation
To reduce reflections of clouds and vegetation in glass and help ensure that bird-safe treatments on the lower surfaces of glass are
visible below any reflections, all glazing on the buildings will have a visible reflectance of 15% or lower. These features shall be included in final improvement plans.

Impact BIO-5: The removal of
approximately 156 trees for
construction for the project
could conflict with local policies
and ordinances regarding tree
preservation.

Significant Compliance with City of Belmont Tree Ordinance Less than significant
Cultural Resources
Impact CR-2: The project has
the potential to cause a
substantial adverse change to
unknown archaeological and
cultural resources.

Significant MM CR-2.1 Cultural Resource Awareness Training Prior to any project-related ground disturbance, all construction workers shall receive training overseen by a qualified professional archaeologist who is experienced in teaching non-specialists to ensure that contractors can recognize archaeological resources in the event that any are discovered during construction. The construction staff directly overseeing excavation, or operating ground-disturbing vehicles, will be required to participate in this preconstruction training.

Less than
significant
MM CR-2.2 Inadvertent Discovery of Archaeological Resources If unknown precontact or historic-period archaeological materials are encountered during project activities, all work in the immediate vicinity of the find shall halt until a qualified archaeologist can evaluate the find and make recommendations. Cultural resources materials may include precontact resources such as flaked and ground stone tools and debris, shell, bone, ceramics, and fire-affected rock as well as historic resources such as glass, metal, wood, brick, or structural remnants. If the qualified archaeologist determines that the discovery represents a potentially significant cultural resource, additional investigations shall be required to mitigate adverse impacts from project implementation. 543
Attachment 4 – Impact Analysis
Impact
Significance
Before
Mitigation
Mitigation Measure Significance
After Mitigation
These additional studies may include, but are not limited to, recordation, archaeological excavation, or significance evaluation.

The applicant shall inform its contractor(s) of the sensitivity of the project site for archaeological deposits and include the following directive in the appropriate contract documents:
“The subsurface of the construction site may contain archaeological deposits. If archaeological deposits are encountered during project subsurface construction, all ground-disturbing activities within 25 feet shall be redirected and a qualified archaeologist shall assess the situation, consult with agencies as appropriate, and make recommendations for the treatment of the discovery. Project personnel shall not collect or move any archaeological materials. Archaeological deposits can include, but are not limited to, shellfish remains; bones, including human remains; flakes of, and tools made from, obsidian, chert, and basalt; mortars and pestles; historical trash deposits containing glass, ceramics, and metal artifacts; and structural remains, including foundations and wells.”
The City shall verify that the language has been included in the grading plans prior to issuance of a grading permit or permit for other project actions that include grounddisturbing activities on the project site.

Impact CR-3: The project has
the potential to cause a
disturbance to human remains,
including those interred outside
of dedicated cemeteries.

Significant MM CR-3.1 Inadvertent Discovery of Human Remains In the event that human remains are identified during project construction, the remains will be treated in accordance with California Health and Safety Code Section 7050.5 and PRC Section 5097.98, as appropriate. In the event of the discovery or recognition of any human remains in any location other than a dedicated cemetery, Section 7050.5 of the California Health and Safety Code states that there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains until the coroner of the county in which the remains were discovered has determined whether or not the remains are subject to the coroner’s authority. If the human remains are of Native American origin, the coroner must notify the NAHC within 24 hours of identification. The NAHC will identify a Native American MLD to inspect the site and provide recommendations for the proper treatment of the remains and associated grave goods. PRC Section 5097.98 states that the NAHC, upon notification of the discovery of Less than
significant
544
Attachment 4 – Impact Analysis
Impact
Significance
Before
Mitigation
Mitigation Measure Significance
After Mitigation
Native American human remains, pursuant to California Health and Safety Code Section 7050.5, shall immediately notify those persons (i.e., the MLD) it believes to be descended from the deceased. With permission of the landowner or a designated representative, the MLD may inspect the remains and any associated cultural materials and make recommendations for the treatment or disposition of the remains and associated grave goods. The MLD shall provide recommendations or preferences for treatment of the remains and associated cultural materials within 48 hours of being granted access to the site.

Geology and Soils
Impact GEO-6: The project is
located on a geologic unit or soil
that could be either unstable, or
that could become unstable as a
result of the project, and
potentially result in on-or offsite landslide, lateral spreading, subsidence, liquefaction,
collapse or expansive soils.

Significant MM GEO-6.1 Final Geotechnical Evaluation
A final construction level geotechnical evaluation shall be required for the project. The project shall be required to adhere to and incorporate all standards and recommended engineering measures to mitigate for settlement concerns related to lateral spreading from compression of underlying near-surface soils layers and Bay Mud layers. The final geotechnical evaluation will be provided to the City for review and approval prior to the issuance of building permits.

Less than
significant
Impact GEO-7: The project
could directly or indirectly
destroy a unique paleontological
resource or site or unique
geologic features during
construction.

Significant MM GEO-7.1 Inadvertent Discovery of Paleontological Resources In the event that fossils or fossil-bearing deposits are discovered during construction activities, work shall be temporarily halted with a 25-foot radius of the discovered materials and workers should avoid altering the materials and their context until a qualified paleontologist has evaluated the situation and provided appropriate recommendations. Construction and potential impacts to the area(s) within a radius determined by the paleontologist shall not recommence until the assessment is complete.

If it is determined that the proposed development could damage unique paleontological resources, mitigation shall be implemented in accordance with Public Resources Code Section 21083.2 and Section 15126.4 of the CEQA Guidelines. Possible mitigation under Public Resources Code Section 21083.2 requires that reasonable efforts be made for resources to be preserved in place or left undisturbed. If preservation in place is not feasible, the applicant shall mitigate significant effects. Excavation as mitigation shall be limited to those parts of resources that would be damaged or destroyed by a project.

Possible mitigation under CEQA emphasizes preservation-in-place measures, including Less than
significant
545
Attachment 4 – Impact Analysis
Impact
Significance
Before
Mitigation
Mitigation Measure Significance
After Mitigation
planning construction avoid paleontological sites, incorporating sites into parks and other open spaces, covering sites with stable soil, and deeding the site into a permanent conservation easement. Under CEQA Guidelines, when preservation in place is not feasible, data recovery through excavation shall be conducted with a data recovery plan in place.

Hazards and Hazardous
Materials
Impact HAZ-1: The project has
the potential to create a hazard to
the public or the environment
through the routine transport,
use, or disposal of hazardous
materials.

Significant MM HAZ-1.1 Pre-Demolition Surveys and Management Plan Prior to demolition and removal of material from the site, the project applicant shall conduct surveys and testing for asbestos containing building materials (ACBMs), lead based paints and products, mercury and polychlorinated biphenyl caulking products. If such materials are not identified, no further action is required. If these materials are identified, the applicant shall prepare and implement an Operation and Management (O&M) Plan for removal and disposal. The O&M Plan shall be prepared consistent with National Emissions Standards for Hazardous Air Pollutants (NESHAP) guidelines for the removal of potentially friable ACBMs and other materials if present. The plan shall be reviewed and approved by the City of Belmont prior to implementation. Removal and disposal work will be completed pursuant to all federal, State and local regulations by certified professionals.

Less than
significant
MM HAZ-1.2 Imported Fill
Prior to depositing fill on the project site, all imported soil and fill material shall be tested to ensure any contaminants of concern are within DTSC and U.S. Environmental Protection Agency Regional Screen Levels for the intended land use. To minimize the possibility of introducing contaminated soil and fill material the applicant shall document the origins of the soil or fill material and, if applicable, conduct sampling to ensure that the imported soil and fill material meets screening levels outlined in the Preliminary Endangerment Assessment (PEA) Guidance Manual.

MM HAZ-1.3 Management of Potentially Hazardous Materials If BSL 3 certification is pursued, the life science laboratory/office buildings shall be designed and constructed as BSL 3 facilities. For any BSL level, the project sponsor shall independently pursue and obtain all necessary federal, state and local approvals, permits, certifications and/or licenses for the design, operation, transport, use and disposal of 546
Attachment 4 – Impact Analysis
Impact
Significance
Before
Mitigation
Mitigation Measure Significance
After Mitigation
materials used. Proof of compliance and all related management plans shall be provided to the City of Belmont prior to building occupancy.

Impact HAZ-2: The project
could create a significant hazard
to the public or the environment
through reasonably foreseeable
upset and accident conditions
involving the release of
hazardous materials into the
environment.

Significant MM HAZ-2.1 Emergency Response Plan and First Responder Training Prior to building occupancy for BSL 3 use, the project sponsor or lab operator shall prepare and submit an emergency response plan to the City of Belmont and San Mateo Consolidated Fire Department (SMC Fire) tailored to the specific lab operations, hazardous materials and class of pathogens expected to be present. Based on those specific pathogens or other hazardous substances, the project sponsor or lab operator shall also conduct specialized training and education session(s) with SMC Fire hazmat personnel and the Redwood City Fire Department regarding lab operations. This training shall be specific to the biohazards present at the facility, strategy for response and potential need for specialized equipment and/or vaccination protocols, if warranted.

Training shall be periodic and updated as needed based on the biohazards present.

See also: MM HAZ-1.3
Less than
significant
Noise and Vibration
Impact N-1: The project would
generate a substantial temporary
or permanent increase in
ambient noise levels in the
vicinity of the project in excess
of standards established in the
local general plan or noise
ordinance, or applicable
standards of other agencies.

Significant MM N-1.1 Construction Noise Control Plan
The applicant shall identify site-specific noise attenuation measures to be included with construction plans to reduce noise to levels below the FTA threshold of 80 dBA Leq.

Prior to commencement of construction activities, the applicant shall submit the construction noise control plan to the City for review and approval. Noise attenuation measures shall be identified in the plan and implemented to reduce noise levels to the greatest extent feasible. Noise measures may include, but are not limited to, the following:
▪ Using smaller equipment with lower horsepower or reducing the hourly utilization rate of equipment on the site to reduce noise levels at 50 feet to the allowable level.
▪ Locating construction equipment as far as feasible from noise-sensitive uses. ▪ Requiring that all construction equipment powered by gasoline or diesel engines have sound control devices that are at least as effective as those originally provided by the manufacturer and that all equipment be operated and maintained to minimize noise generation.
▪ Prohibiting gasoline or diesel engines from having unmuffled exhaust systems.

Less than
significant
547
Attachment 4 – Impact Analysis
Impact
Significance
Before
Mitigation
Mitigation Measure Significance
After Mitigation
▪ Not idling inactive construction equipment for prolonged periods (i.e., more than 2 minutes).
▪ Constructing a solid plywood barrier around the construction site and adjacent to operational businesses, residences, or other noise-sensitive land uses. ▪ Using temporary noise control blanket barriers.
▪ Monitoring the effectiveness of noise attenuation measures by taking noise measurements.
▪ Using “quiet” gasoline-powered compressors or electrically powered compressors and electric rather than gasoline- or diesel-powered forklifts for small lifting.

MM N-1.2 Reduce Noise from Project Mechanical Equipment To reduce potential noise effects resulting from project heating, cooling, and ventilation equipment as well as project emergency generators at the proposed project, a supplemental noise analysis shall be prepared to estimate the actual noise levels of project-specific equipment once the equipment models and design features to attenuate noise have been selected. The analysis shall be conducted prior to the issuance of building permits and shall be prepared by persons qualified in acoustical analysis and/or engineering, demonstrating with reasonable certainty that the mechanical equipment selected for the project and the attenuation features incorporated into project design would not result in an exceedance of the applicable City noise standards of 45 dBA Leq and 65 dBA Lmax during the nighttime and 55 dBA Leq and 70 dBA Lmax during the daytime.

Options to reduce noise from heating and cooling equipment include enclosing equipment in mechanical equipment rooms, shielding equipment with mechanical screens at least as tall as the equipment, and selecting quieter equipment models.

All recommendations from the acoustical analysis necessary to ensure that noise sources meet the above standards shall be incorporated into the building design and operations.

This measure should be implemented concurrently with MM AES-1.1 (Construction Screening) to provide a barrier that addresses both visual and noise effects. 548
Attachment 4 – Impact Analysis
Impact
Significance
Before
Mitigation
Mitigation Measure Significance
After Mitigation
Transportation and
Circulation
Impact TRA-1: The project
would conflict or be inconsistent
with adopted Vehicle Miles
Traveled policies, plans, or
programs per CEQA Guidelines
section 15064.3.

Significant MM TRA-1: Final Transportation Demand Management Program Prior to occupancy, the project shall prepare and implement a final transportation demand management (TDM) program to reduce the project’s VMT to below the significance threshold as noted in Table 17-1. The program includes encouraging employees to use alternative modes of transportation to single-occupant vehicles. The City of Belmont has an adopted TDM policy requiring projects that exceed 50,000 square feet to achieve 18 TDM points. Compliance with the City’s TDM policy would reduce the project trips and the VMT by an estimated 15 percent or more, which would be more than the required 7.4 percent reduction needed if using the C/CAG VMT estimation tool and the 6.0 percent reduction needed if using the C/CAG travel demand model. The effectiveness of the TDM plan shall be reviewed annually and adjusted as necessary to maintain these trip and VMT reductions.

Less than
significant
Impact TRA-2: The project
could conflict with a program,
plan, ordinance, or policy
addressing transit facilities.

Significant MM TRA-2: Transit Improvements
To enhance transit service and facilities consistent with City policy, the project sponsor shall coordinate with the City and Commute.org to reestablish local shuttle service such as the Redwood LIFE Caltrain shuttle stop at the project site that connects to the San Carlos Belmont Caltrain Station and Redwood Shores community. Because the feasibility, demand and location of additional shuttle stops are ultimately determined by Commute.org and the transit operator, the applicant’s responsibility is limited to supporting a shuttle stop on the property, participating in applicable employer-based funding mechanisms, identifying a shuttle stop location on the project’s final improvement plans, and promoting use of the shuttle and alternative modes of transportation through the project’s TDM program.

Less than
significant
Tribal Cultural Resources
Impact TR-2: The project has
the potential to cause a
substantial adverse change in the
significance of a tribal cultural
resource as determined by the
lead agency, in its discretion and
supported by substantial
Significant See MM CR-2.1, MM CR-2.2, and MM CR-3.1 Less than significant
549
Attachment 4 – Impact Analysis
Impact
Significance
Before
Mitigation
Mitigation Measure Significance
After Mitigation
evidence, to be significant
pursuant to criteria set forth in
subdivision (c) of Public
Resources Code Section 5024.1.

Utilities and Service Systems
Impact UTIL-1: The project
will require construction to
connect and/or upgrade service
systems to service the project.

Significant See General Plan EIR mitigation measures AQ-1, AQ-3 and AQ-4, MM N-1.1, and MM AES-1.1
Less than
significant
550
RESOLUTION NO. 2026-02

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BELMONT

RECOMMENDING THAT THE CITY COUNCIL CERTIFY THE FINAL

ENVIRONMENTAL IMPACT REPORT AND ADOPT THE CEQA FINDINGS OF FACT

AND ADOPT THE MITIGATION MONITORING AND REPORTING PROGRAM FOR THE 1301 SHOREWAY PROJECT (APPL. NO. PA2022-0024)
WHEREAS, Four Corners Properties submitted an application to the City of Belmont for the construction of two office and/or life science buildings and an above ground parking garage (“Project”) at 1301 Shoreway Road in Belmont (APN: 040-371-110); and, WHEREAS, on June 19, 2024, the City sent a Notice of Preparation of an Environmental Impact Report (EIR) for the Project to the State Clearinghouse and responsible agencies, trustee agencies, and interested parties, under California Code of Regulations Title 14 (14 CCR), Section 15082 and Public Resources Code (PRC) Section 21080.4, to review and provide comment on the scope of the EIR with a 37 day comment period ending on July 26, 2024; and, WHEREAS, the City received eight (8) comment letters from interested parties, State, regional, and local public agencies during the public review period; and, WHEREAS, the City completed the Draft Environmental Impact Report (DEIR) and filed a Notice of Completion with the State Clearinghouse (SCH#2024060880) in accordance with 14 CCR Section 15087 for a 45-day public review period commencing on October 8, 2024, and ending on November 22, 2024, in accordance with PRC Section 21161 and 14 CCR Section 15085; and,
WHEREAS, the City prepared a Notice of the Availability of the DEIR for public review and comment in accordance with PRC Section 21092(b) and 14 CCR Section 15087(c), and on October 8, 2024, provided the Notice to parties who had requested it as required by PRC Section 21092(b)(3) and 14 CCR Section 15087(a), filed the notice with the County of San Mateo Recorder’s Office as required by PRC Section 21092.3 and 14 CCR Section 15087(d), mailed notice to property owners within a 300 foot radius of the site, and posted the Notice at the site, in accordance with PRC Section 21092(b)(3) and 14 CCR Section 15087(a); and, WHEREAS, on October 8, 2024, the City made the DEIR available for public inspection at City Hall and at the Belmont Public Library, and posted a copy on the City’s website in accordance with 14 CCR Sections 15087(g) and 15201; and, WHEREAS, for at least 45 days following publication, posting and direct mailing of the Notice of Availability, the public was given an opportunity to comment, in writing, on environmental issues related to the Project; and,
WHEREAS, the Planning Commission held a public meeting for the Project on November 4, 2024, at which meeting the Commission reviewed and considered the DEIR, received oral and written comments from the public, and gave input to staff; and, 551
Resolution – Final Environmental Impact Report
1301 Shoreway Road
January 20, 2026

WHEREAS, the public was given a meaningful opportunity to comment on the substantial adverse environmental effects of the Project and the feasible means to mitigate or avoid such effects, and the City received a total of seven comment letters on the DEIR; and, WHEREAS, the Final Environmental Impact Report (FEIR), dated December 2025, includes: (1) the comments and recommendations received on the DEIR; (2) the list of persons, organizations, and public agencies that commented on the DEIR; (3) the City’s responses to the significant environmental points raised by the comments submitted during the review consultation process; and (4) revisions to the DEIR, consistent with PRC Section 21092.5(a) and 14 CCR Sections 15088, 15089, and 15132; and,
WHEREAS, the City has duly mailed written responses to comments to all public agencies that commented on the DEIR as required by PRC Section 21092.5, and sent courtesy copies of the responses to members of the public that commented; and WHEREAS, the EIR consists of the DEIR and the FEIR; and WHEREAS, at a regular meeting conducted on January 20, 2026, the Planning Commission held a duly noticed public hearing at which hearing the Commission considered the Project, received public testimony and evidence, and received a staff report and presentation on the FEIR and the record of proceeding for the FEIR.

NOW, THEREFORE THE PLANNING COMMISSION RESOLVES AS FOLLOWS:

1. The Planning Commission, having independently heard, considered, and weighed all the evidence in the record, finds that the above recitals are accurate and constitute findings in this matter and, together with the staff report and the application materials, including without limitation the EIR, project plans, and all other documents, reports, studies, memoranda, maps, oral and written testimony, and materials in the City’s file for the applications and the project, and all adopted City planning documents relating to the project and the property including the City’s General Plan, Municipal Code, Zoning Ordinance, and other applicable City laws and regulations, and all associated approved and certified environmental documents, have together served as an adequate and appropriate evidentiary basis for the findings and actions set forth in this Resolution and are hereby incorporated by reference.

2. CEQA. The Planning Commission, having fully reviewed, considered, and evaluated all of the testimony and evidence submitted in this matter, finds:
a. The City of Belmont is the lead agency under CEQA for preparing the EIR and is the entity with final decision-making authority with regard to approval of the proposed Project.
b. The EIR has been completed in compliance with CEQA (Public Resources Code Section 21000 et seq.) and the CEQA Guidelines (Title 14, Section 15000 et seq., of the California Code of Regulations) and the applicable provisions of the Belmont 552
Resolution – Final Environmental Impact Report
1301 Shoreway Road
January 20, 2026

Municipal Code.
c. The EIR was presented to the Planning Commission, which has reviewed and considered the information contained in the EIR prior to recommending approval of the Project.
d. The EIR reflects the City’s independent judgment and analysis and has been found by the City to be adequate to support the City’s consideration of the Project entitlements.
e. The information added in the Final EIR does not constitute new significant information requiring recirculation of the EIR.

Having fully reviewed, considered, and evaluated all of the testimony and evidence submitted in this matter and based on its independent judgment and analysis, the Planning Commission hereby recommends the City Council certify the EIR and adopt the MMRP (Exhibit A), both of which are on file in the Office of the City Clerk of the City of Belmont and incorporated herein by this reference. The Planning Commission, based on its independent judgment and analysis and pursuant to Section 15092 of the CEQA Guidelines, also recommends adoption of the CEQA Findings of Fact attached hereto and incorporated herein as Exhibit B.
* * * * * * * * * * * * * *
Adopted at a meeting of the Planning Commission of the City of Belmont held on January 20, 2026, by the following vote:

AYES,

COMMISSIONERS
NOES,

COMMISSIONERS

ABSENT,

COMMISSIONERS

ABSTAIN,

COMMISSIONERS

RECUSED,

COMMISSIONERS
____________________________________
Carlos de Melo
Planning Commission Secretary
Adamkewicz, Kramer, Kulich, Twigg, Jadallah
None
Majeski
None
None
553
RESOLUTION NO. 2026-03

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BELMONT

RECOMMENDING THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING THE REZONING OF 1301 SHOREWAY ROAD FROM REGIONAL COMMERCIAL (RC)

ZONING DISTRICT TO PLANNED UNIT DEVELOPMENT (PD) ZONING DISTRICT AND

RELATED ZONING MAP AMENDMENT, AND APPROVE THE CONCEPTUAL

DEVELOPMENT PLAN FOR A COMMERCIAL DEVELOPMENT, AND APPROVE THE DEVELOPMENT AGREEMENT AT 1301 SHOREWAY ROAD (ASSESSOR’S PARCEL NUMBER 040-371-110)
WHEREAS, Four Corners Properties (“Applicant”) requests a Rezone from Regional Commercial (RC) Zoning District to Planned Unit Development (PD) Zoning District and accompanying Zoning Map Amendment, approval of a Conceptual Development Plan, and approval of a Development Agreement for the property located at 1301 Shoreway Road (Assessor’s Parcel Number (APN) 040-371-110); and,
WHEREAS, by Resolution No. 2026 - adopted on January 20, 2026, the Planning Commission of the City of Belmont (“City”) recommends the City Council certify the Final Environmental Impact Report, adopt the findings of fact, and adopt the Mitigation Monitoring and Reporting Program, prepared in compliance with the California Environmental Quality Act for the 1301 Shoreway Road development project (“Project”); and, WHEREAS, on January 20, 2025, the Planning Commission of the City of Belmont (“City”), following notification in the prescribed manner, conducted a public hearing, at which hearing the Commission considered public testimony and a staff report on the aforementioned requested entitlements; and,
WHEREAS, the proposed project is consistent with the Belmont General Plan based on the findings included in Exhibit C such that the rezoning of 1301 Shoreway Road supports the infill development of an underutilized site, expands compatible uses, generates employment, provides significant community benefits, and implements General Plan goals and policies related to land use, economic development, design, access to open space, and contributing to public improvements; and
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission, recommends the City Council:
1) Adopt an Ordinance approving the rezoning of 1301 Shoreway Road from Regional Commercial (RC) to Planned Unit Development (PD) and related Zoning Map Amendment (Exhibit A), and approving the Conceptual Development Plan (Exhibit B) for a Commercial Development, based on the findings in Exhibit D; and 554
Resolution: Rezone, Conceptual Development Plan and Development Agreement Application ID: PA2022-0024; 1301 Shoreway Road (APN: 040-371-110) January 20, 2026; Page 2 of 2
2) Adopt an Ordinance approving the Development Agreement (Exhibit C) based on the findings set forth in Exhibit D.

Passed and adopted at a regular meeting of the Planning Commission of the City of Belmont held on January 20, 2026, by the following vote:

Ayes,
Commissioners: Adamkewicz, Kramer, Kulich, Twigg, Jadallah Noes,
Commissioners: None
Absent,
Commissioners: Majeski
Abstain,
Commissioners: None
Recuse,
Commissioners: None
Carlos de Melo
Planning Commission Secretary
555
RESOLUTION NO. 2026-04

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BELMONT

RECOMMENDING APPROVAL OF THE DETAILED DEVELOPMENT PLAN,

CONDITIONAL USE PERMIT, DESIGN REVIEW, GRADING PLAN AND PERMIT, AND TREE REMOVAL PERMIT FOR THE PROPERTY LOCATED AT 1301 SHOREWAY ROAD (ASSESSOR’S PARCEL NUMBER 040-371-110)
WHEREAS, Four Corners Properties (“Applicant”), requests approval of entitlements for commercial development including Design Review, Detailed Development Plan, Conditional Use Permit to establish a Detailed Development Plan, Grading Plan and Permit, and Tree Removal Permit for the property located at 1301 Shoreway Road (Assessor’s Parcel Number (APN) 040- 371-110); and,
WHEREAS, on January 20, 2025, the Planning Commission of the City of Belmont (“City”), following notification in the prescribed manner, conducted a public hearing, at which hearing the Commission considered public testimony and a staff report on the aforementioned requested entitlements; and,
WHEREAS, the Planning Commission finds the 1301 Shoreway Road Project (“Project”) is subject to environmental review under provisions of the California Environmental Quality Act (“CEQA”), and an Environmental Impact Report was prepared for the Project; and, WHEREAS, the Planning Commission considered and discussed the adequacy of the Final Environmental Impact Report as an informational document and applied its own independent judgment and analysis to the review, and in a separate Resolution recommended that the City Council certify the Final Environmental Impact Report, adopt the findings, and adopt the Mitigation Monitoring and Reporting Plan as being compliance with CEQA and informing their decision making; and,
WHEREAS, the Planning Commission, in a separate Resolution, made recommendations to the City Council to approve the Rezone from RC Zoning District to PD Zoning District and Conceptual Development Plan, and Development Agreement for the 1301 Shoreway Road development Project; and,
WHEREAS, the Planning Commission did hear and use their independent judgment and considered all reports, recommendations and testimony.

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval of the Design Review, Detailed Development Plan included in Exhibit A, Conditional Use Permit, Grading Plan and Permit, and Tree Removal Permit based on the findings contained in Exhibit B and subject to the Conditions of Approval in Exhibit C. 556
Resolution: Detailed Development Plan, Conditional Use Permit, Design Review, Grading Plan and Permit, and Tree Removal Permit
Application ID: PA2022-0024; 1301 Shoreway Road (APN: 040-371-110) January 20, 2026

Passed and adopted at a regular meeting of the Planning Commission of the City of Belmont held on January 20, 2026, by the following vote:

AYES,

COMMISSIONERS
NOES,

COMMISSIONERS

ABSENT,

COMMISSIONERS

ABSTAIN,

COMMISSIONERS

RECUSED,

COMMISSIONERS
Carlos de Melo
Planning Commission Secretary
Adamkewicz, Kramer, Kulich, Twigg, Jadallah
None
Majeski
None
None
557

City Owned Property Disposition - Staff Report

STAFF REPORT
Meeting Date: February 24, 2026
Agency: City of Belmont
Staff Contact: Tobi Liebermann, Housing and Economic Development Manager, (650) 637-2971 [email protected], Kathy Kleinbaum, Assistant City Manager, (650) 598- 4216 [email protected]
Agenda Title: Approval of the disposition of the City-owned properties at 730 El Camino Real and 1000 O’Neill Avenue.

Agenda Action: Resolution
Recommendation

1. Adopt a Resolution making certain findings under Public Health and Safety Code Section 33433 for disposition of public property located at 730 El Camino Real and authorizing the City Manager to negotiate and execute a purchase and sale agreement, regulatory agreement and declaration of restrictive covenants, and related documents to transfer 730 El Camino Real to Kainos Home and Training Center for the Developmentally Disabled for the purchase price of $1 with covenants restricting the use of the property to a residential supported living group home serving lower-income households.

2. Adopt a Resolution making certain findings under Public Health and Safety Code Section 33433 for disposition of public property located 1000 O’Neill Avenue, adopt a Replacement Housing Plan for the loss of the two affordable units at 1000 O’Neill Avenue, authorize the City Manager to negotiate and execute a real estate broker/listing agreement with AMID Investments, Inc. for the marketing and sale of 1000 O’Neill Avenue, and authorize the City Manager to approve the sale of the property at fair market value, including the negotiation and execution of all agreements and documents necessary to complete the sale of the property.

Strategic Focus Area
Economic Development and Housing
Background
As housing successor to the former Redevelopment Agency (RDA), the City of Belmont acquired various housing assets upon the RDA’s dissolution in 2012. These properties consist of several small-scale residential properties located throughout the City. The City previously sold several of these properties in 2023 and used the proceeds to contribute to new affordable housing development projects. The City now owns and maintains three remaining residential properties, including 730 El Camino Real, 503 Crest View Ave, and 1000 O’Neill Ave (referred to as the Emmett House), as well as the vacant lot at 780 El Camino Real.
730 El Camino Real is leased to the non-profit, Kainos, who operates it as a group home for individuals 558

City Owned Property Disposition - Staff Report
with intellectual disabilities who live independently. 503 Crest View is leased to Family Homes, a forprofit entity operating a six-bed Intermediate Care Nursing Facility (ICF/DD-Nursing) which provides 24-hour care and health services for persons with severe developmental and physical disabilities. The 1000 O’Neill property is a vacant duplex that was previously rented to moderate-income households. Both households were no longer income-eligible for the property and as a result the property was vacated in June 2025.

Prior Council Direction
On October 22, 2024, Staff requested direction from the City Council of the possible disposition of the three small-scale residential properties. Management of these properties has posed ongoing challenges due to limited staffing resources and has contributed to a backlog of deferred maintenance. Rental revenue generated from the properties is insufficient to cover both ongoing operational expenses and long-term capital maintenance needs. Moreover, given the affordable housing and social service nature of uses , the City’s ability to increase rents is constrained. As a result, continued City ownership represents a financial strain on the City’s limited affordable housing funds.

At the October 2024 meeting, the City Council was supportive of moving forward with the disposition of the three properties and gave direction to staff to proceed with the disposition process. As an initial step in the disposition process, staff presented resolutions to the City Council on February 25, 2025 declaring the properties as Exempt Surplus Land, in accordance with a the requirements of the State Surplus Lands Act. Following the Council action, the declaration was submitted to and subsequently reviewed and approved by the California Department of Housing and Community Development (HCD).

On October 28, 2025, staff provided an update to the City Council on the disposition process and recommended that the 730 El Camino property be transferred to Kainos, the current operator, with restrictive covenants in place to ensure that it would remain in use as a residential supported living group home serving lower-income households. Staff recommended that the City Council authorize the sale of the 1000 O’Neill property on the open market, with proceeds from the sale deposited in the City’s affordable housing fund to support future housing opportunities within Belmont.. Staff also recommended recording a deed restriction to ensure that the historic character of the property’s exterior is preserved.

At the meeting, the City Council provided direction to staff to proceed with the disposition of properties.

Staff is currently negotiating with a third-party non-profit, Brilliant Corners, for the purchase of the 503 Crest View property and the assumption of the existing lease to allow continued operation as a skilled nursing facility. The proposed disposition of this property is anticipated to be brought before the City Council for consideration later this year.

Analysis
The City acquired the properties as the Housing Successor Agency to the Former Redevelopment Agency.

As a result, Section 33433 of the California Health and Safety Code requires City Council approval of the property disposition, after a public hearing, and a determination that the sales prices meet or exceed the standards for fair market value or fair reuse value in Section 33433. The City has prepared a Section 33433 Summary Report for each property, also referred to as a Reuse Appraisal, which includes a summary of 559

City Owned Property Disposition - Staff Report
the proposed sale transactions, the appraised value of the property interest to be conveyed, estimated fair reuse value, and consistency with blight elimination requirements.

The City published a notice of report availability and notice of the time and place of this public hearing in a general circulation newspaper as specified in Section 6066 of the Government Code, with notices published on February 8, 2026 and again on February 15, 2026. The description of the findings of each report and additional actions that must be taken for the final disposition of the two properties is described below.
730 El Camino Real
The Reuse Appraisal (included as Attachment 1, Exhibit A), determined that the fair reuse value of 730 El Camino Real, given the restrictions on the property limiting its use to a residential supported living group home serving lower-income households, is less than zero. This is a result of the cost of operating such a facility as well as the deferred maintenance on the property that needs to be addressed. As a result, staff is proposing to transfer the property to Kainos for $1. Staff has prepared a Draft Purchase and Sale Agreement with Kainos for the transfer of the property which is included as Attachment 1 Exhibit B and is continuing to negotiate certain terms with Kainos. As part of this agreement, the City will place a Regulatory Agreement and Declaration of Restrictive Covenants (Attachment 1 Exhibit D) on title that restricts the use of the property to its current use for 55 years and requires Kainos to repay the City for the current appraised value of the property (minus consideration for major repairs and renovations) if the property is sold for market value prior to the expiration of that time period. 1000 O’Neill
Per the City Council direction, staff intends to sell 1000 O’Neill on the open market with a declaration of restrictions in place requiring that the historic exterior of the property be maintained. The property is listed as a Local Landmark in the Historic Resource inventory in the General Plan which also provides significant protections to ensure retention of this important historic resource. The Reuse Appraisal (included as Attachment 2, Exhibit A) determined that the fair reuse value is not less than the fair market value of the property.

Since the property was previously used as a moderate-income rental property, the City is required to prepare a Replacement Housing Plan (included as Attachment 2, Exhibit B) for the two affordable units that will be lost when the property is sold at market value. The two units in this property will be replaced by units in the 800 Belmont Avenue project which is a 100% affordable housing project that is currently under construction and was financed in part by the City.

Staff issued a Request for Proposals to hire a Real Estate Broker to market the property for sale. Staff received 4 proposals and selected AMID Investments, Inc. (DBA: Landmark Real Estate Services) based on their experience working with other City-owned properties with regulatory restrictions. Based on the proposal, the broker will receive a broker’s fee of 2.5% of the sales price. In addition, the City will be responsible for paying the buyer’s broker’s fee as is customary in these transactions. Other transaction costs, including staging the property, minor cosmetic improvements, and escrow costs will also be deducted from the sales proceeds. The remaining proceeds will be deposited in the Affordable Housing (Housing Successor Agency) Fund 275 and will be used to further additional affordable housing 560

City Owned Property Disposition - Staff Report
opportunities in the City. Staff is requesting City Council authorize the City Manager to approve the final sale and transfer of the property including negotiating and executing all associated documents to complete the sale.

General Plan Conformance Analysis
Property disposition, or the sale, lease, or transfer of government-owned land, must be found consistent with the jurisdiction’s adopted General Plan under Government Code Section 65402(a).

Staff has determined that the transfer of the 730 El Camino Real Property is consistent with the General Plan and furthers Housing Element Policy H2.B which encourages continued partnerships with housing service organizations to preserve existing affordable housing. The disposition of the Property will fulfill these objectives by transferring the Property to a trusted community-based housing provider, providing continued affordability through deed restrictions, and providing an avenue for preservation and improvement of the property by a non-profit partner.

Staff has determined that the disposition of the 1000 O’Neill Avenue Property is consistent with the General Plan and furthers Land Use Element Policy 2.17-3 which establishes priorities for City funding to provide support for affordable housing, as well as Housing Element Program H1.2 which calls for the use of City affordable housing funds to be used to leverage other funding sources to support the construction of affordable housing. The disposition of the Property will fulfill these objectives by providing significant funding for future deed restricted affordable housing developments that will serve a range of household types and income levels. In addition, it is consistent with Land Use Element Policy 2- 23-4 which encourages adaptive reuse of historic structures as an option for preserving sites threatened by degradation in that it provides a pathway for private resources to be used to cover deferred maintenance on the property while preserving the historic character of the exterior.

CEQA Determination
The disposition of the 730 El Camino Real and 1000 O’Neill Avenue properties is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the disposition of the properties may have a significant effect on the environment because the existing improvements on the property will remain in their present condition and the current use will continue unchanged.

Alternatives

1. Provide alternative direction regarding the disposition of these properties.

2. Take no action; discontinue disposition of properties.

Attachments

1. Resolution - Disposition Actions for 730 El Camino Real

2. Resolution - Disposition Actions for 1000 O’Neill Avenue Fiscal Impact
☐ No Fiscal Impact
561

City Owned Property Disposition - Staff Report
☒ Funding Source Confirmed:

The proceeds from the disposition of these properties will be deposited into the Affordable Housing Fund 275.

Source: Purpose: Public Outreach:

Staff Statutory/Contractual Requirement Other*
* The City published a notice of report availability and notice of the time and place of this public hearing in a general circulation newspaper as specified in Section 6066 of the Government Code, with notices published on February 8, 2026 and again on February 15, 2026. 562

RESOLUTION NO. 2026 –

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELMONT MAKING

CERTAIN FINDINGS UNDER PUBLIC HEALTH AND SAFETY CODE SECTION 33433 FOR DISPOSITION OF PUBLIC PROPERTY LOCATED AT 730 EL CAMINO REAL (APN 044-222-140) AND AUTHORIZING THE CITY MANAGER TO ENTER

INTO A PURCHASE AND SALE AGREEMENT TO TRANSFER THE PROPERTY TO

KAINOS HOME AND TRAINING CENTER FOR THE DEVELOPMENTALLY

DISABLED
WHEREAS, on January 24, 2012, the Belmont City Council approved Resolution No. 2012-0013 authorizing the City to become the Housing Successor Agency of the now dissolved Belmont Redevelopment Agency (the "Agency"), thereby assuming all rights, powers, assets, liabilities, duties, and obligations previously associated with the housing activities of the Agency in accordance with Health and Safety Code Section 34176; and, WHEREAS, on August 30, 2012, the California Department of Finance (DOF) approved the transfer of all housing assets listed on the Belmont Housing Asset Transfer Form from the Agency to the City pf Belmont acting in its capacity as the Belmont Housing Successor Agency; and,
WHEREAS, the property subject to this resolution is included on the Housing Asset Transfer Form approved by DOF and is now owned by the City. The property is a single family home located at 730 El Camino Real (“Property”) which is leased by Kainos Home and Training Center (“Kainos”) for use as a supportive living group home for intellectually disabled individuals; and,
WHEREAS, on February 25, 2025 The City of Belmont City Council adopted Resolution No. 2025-17 finding that the Property is exempt surplus land pursuant to Government Code Section 54221 (F)(1)(B). Resolution No. 2025-17 was subsequently approved by the California Department of Housing and Community Development (HCD) on April 17, 2025; and,
WHEREAS, On October 28, 2025 the Belmont City Council provided direction to proceed with actions necessary for the sale of the Property to Kainos for one dollar and to restrict the use of the property to a residential supported living group home serving lowerincome households. The City is requiring a term of restriction of 55 years; and, WHEREAS, the City now desires to pursue the transfer of the Property to Kainos pursuant to Health and Safety Code Section 33433, which requires that before any property which was acquired in whole or in part, directly or indirectly, with redevelopment tax increment moneys is sold or leased for development pursuant to the redevelopment plan, the sale must be approved by the legislative body after a public hearing; and, WHEREAS, pursuant to the findings of the Health and Safety Code Section 33433, the property has reuse value of less than zero given the proposed use restrictions; and 563

WHEREAS, the City published a notice of report availability and notice of the time and place of this public hearing in a general circulation newspaper as specified in Section 6066 of the Government Code, with notices published on February 8, 2026 and again on February 15, 2026.

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

SECTION 1. The City Council finds that the sale of the real property located at 730 El Camino Real to Kainos for the sum of one dollar will assist in the elimination of blight and provide housing for low-income households and finds that sale of the property is in the City’s best interests. The City Council further finds that the financial compensation the City will receive per the purchase and sale agreement is not less than the fair reuse value, and that the sale of property has complied with the requirements of Section 33433 of the California Health and Safety Code per the Section 33433 Summary Report attached hereto as Exhibit A.

SECTION 2. The City Manager is authorized to negotiate and execute the following documents attached in draft form for reference: a Purchase and Sale Agreement (Exhibit B), Deed of Trust and Security Agreement (Exhibit C), Regulatory Agreement and Declaration of Restrictive Covenants (Exhibit D) Promissory Note (Exhibit E), and any other documents necessary to transfer the Property to Kainos.

SECTION 3. The disposition of 730 El Camino Real is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the disposition of the property may have a significant effect on the environment because the existing improvements on the property will remain in their present condition and the current use will continue unchanged.

SECTION 4. Pursuant to Government Code Section 65402(a), the disposition of the Property is consistent with the City of Belmont General Plan in that it is in alignment with Housing Element Policy H2.B which encourages continued partnerships with housing service organizations to preserve existing affordable housing. The disposition of the Property will fulfill these objectives by transferring the Property to a trusted community based housing provider, providing continued affordability through deed restrictions, and providing an avenue for preservation and improvement of the property by a non-profit partner. * * *
ADOPTED February 24, 2026 by the City of Belmont City Council by the following vote:

Ayes:

Noes:

Absent:

Abstain:
564

ATTEST:

City Clerk Mayor
APPROVED AS TO FORM:

City Attorney
565

Summary Report
730 El Camino Housing Site
Prepared pursuant to Health and Safety Code Section 33433 City of Belmont
February 2026
Attachment 1 Exhibit A
566
Summary Report on 730 El Camino Real in Belmont i
Table of Contents
I. Introduction 1
II. Property Description 3
III. Summary of the Proposed Agreement 5
IV. Cost of Agreement to the City 7
V. Estimated Value at Highest and Best Use 12
VI. Estimated Fair Reuse Value 12
VII. Blight Elimination and Conformance with the Redevelopment Plan 15 567
Summary Report on 730 El Camino Real in Belmont 1
I. Introduction
The former Redevelopment Agency of the City of Belmont (“RDA”) was dissolved in 2012 in accordance with California Law, and the Belmont City Council approved a resolution that provides for the City of Belmont (“City”) to serve as the Successor Agency to the former Redevelopment Agency, including its Housing Successor obligations. The final dissolution of the former redevelopment plan was approved by the San Mateo County Oversight Board on February 14, 2022, with the California Department of Finance's approval following on April 22, 2022. The Housing Site is within the boundaries of the former Los Costanos Redevelopment Project Area.

As the Housing Successor, the City is responsible for winding down the housing activities of the former RDA and overseeing its housing assets. One of these housing assets is a small residential property located at 730 El Camino Real in Belmont, which was listed on the Inventory of Assets prepared by the City.
1 The Housing Site consists of a two-story single family home that was originally purchased by the former RDA for the provision of low and moderate income housing.

As the Housing Site was acquired by the former RDA with property tax increment funds designated for low and moderate income housing, the City as the Successor Agency must secure approval of any proposed sale or lease agreement after a public hearing in conformance with California Health and Safety Code Section 33433 (“Section 33433”). In addition, a copy of the proposed sale or lease agreement and a report that describes specific financing elements of the proposed transaction must be available for public inspection prior to the public hearing.

This Summary Report, which is also known as the “Reuse Appraisal,” has been prepared in accordance with Section 33433 and contains the following required information regarding the proposed transactions for the Housing Site:
• The cost of the agreement to the Successor Agency and the former RDA, including land acquisition costs, clearance costs, relocation costs, the costs of any improvements, plus the expected interest on any loans or bonds to finance the agreements. • The estimated value of the interest to be conveyed or leased, determined at the highest and best use permitted under the plan.
• The estimated value of the interest to be conveyed or leased, determined at the use and with the conditions, covenants, and development costs required by the sale or lease. • An explanation regarding why the sale or lease of the property will assist in the elimination of blight.
• The purchase price or sum of the lease payments that the lessor will be required to make during the term of the lease.
1 This property was listed on the “City of Belmont Inventory of Assets Received Pursuant to Health and Safety Code section 34176 (a)(2) Housing Successor Owned Real Property (Section 34176(e)(1)),” which was prepared on July 31, 2012, and for which the California Department of Finance did not object to in a letter dated August 30, 2012. 568
Summary Report on 730 El Camino Real in Belmont 2
• If the sale price or total rental amount is less than the fair market value of the interest to be conveyed or leased, determined at the highest and best use consistent with the redevelopment plan, then the Successor Agency shall provide the reasons for the difference.

This report is organized into the following chapters that summarize the findings for each property pursuant to Section 33433:

I. Introduction– provides an overview of relevant legal requirements related to the proposed sale or lease of the property.

II. Project Description– describes the property’s current use and operation as affordable housing.

III. Summary of the Proposed Agreement– outlines the major provisions of the Proposed Agreement, including the City’s and the Future Property Owner’s responsibilities.

IV. Cost of Agreement to the City– describes the historical expenditures of the City and former RDA, potential revenues from the ground lease of the properties and the value of the tax increment generated by the property.

V. Highest and Best Use Value– presents the value of the property at its highest and best use, as determined by an independent appraisal.

VI. Reuse Value– estimates the value of the Property to be conveyed, determined at the use and with the conditions, covenants, and development costs required for the sale and operation of the Property (referred to as the "reuse value" of the Property).

VII. Blight Alleviation– explains why the sale and operation of the Property pursuant to the Proposed Agreement will assist in the elimination of blight.
569
Summary Report on 730 El Camino Real in Belmont 3
II. Property Description
This Housing Site is located on the west side of 730 El Camino Real on Assessor Parcel Number (APN) 044-222-140 in central Belmont. The property is within a short walking distance of the Belmont Caltrain Station, which is also served by bus transit lines. The property is also within walking distance to retailers along El Camino Real including the Namaste Plaza Supermarket and Safeway Supermarket.

According to the Inventory of Assets, the total square footage of the underlying parcel is 6,520 square feet, although the San Mateo County Property Maps Portal indicates that the property area is about 7,200 square feet, and the 2025 residential appraisal indicates that the site area is about 7,300 square feet.
2 A two-story, single-family house is located on the property, and the property includes a driveway that accommodates one vehicle. The 2025 residential appraisal indicates that the residential building area is 4,057 square feet based on measurements performed onsite for each floor as shown on the attached “Building Sketch.”

1. Current Use and Operations
The property is currently leased to Kainos, an operator that provides congregate care services in a supported living facility (group home) for high functioning, developmentally disabled male adults. The seven unrelated individuals who currently live on the property are considered to be very low income households, almost all of which are extremely low income households.

Kainos is a non-profit 501(c)(3) corporation that has operated and leased the property from the City since 1999. Kainos, which means “new beginning” in Greek, was founded in 1974 by Dorothy Phillbrick to provide support to adults like her son who have intellectual and developmental disabilities.
3 Prior to the selection of Kainos, Mercy Housing leased and operated the property as an AIDs Hospice facility and then requested to be released from this obligation in 1998.

The Kainos mission is to enable adults with developmental and intellectual disabilities to maximize their potential while becoming active, contributing integrated members of the community. The Kainos “Independent and Supported Living Program” was established for its clients who have demonstrated their ability to thrive in a more independent environment and is also referred to as the “ILP/SL” program in the Kainos Strategic Plan and its financial reports. 4 In addition to these ILP/SL homes, Kainos also operates State-licensed homes with 12 to 15 residents where team members are on-site 24 hours a day.

Residents of the ILP/SL properties receive visits from five to seven days a week from Kainos staff members who help fine-tune their skills and help with any problems that might arise. 2 The City retained the appraiser, Carolyn Ulrich, to prepare a residential appraisal for the property, which was performed as of May 9, 2025.
3 Kainos is also known as Kainos Home and Training Center. https://kainosusa.org/about-us/our-story/ 4 https://kainosusa.org/wp-content/uploads/2023/12/Kainos-Strategic-Plan-2023-28.pdf 570
Summary Report on 730 El Camino Real in Belmont 4
Kainos team members provide services that support these residents including cooking, social and recreational activities, medication, medical appointments, and living skills.5 According to discussions with Kainos staff, Kainos operates five ILP/SL homes in Redwood City and Belmont that Kainos owns or leases, which includes the housing site at 730 El Camino Real, that is leased from the City of Belmont and not licensed by the State. These homes collectively serve 25 residents.
5 https://kainosusa.org/programs/community-homes/
571
Summary Report on 730 El Camino Real in Belmont 5
III. Summary of the Proposed Agreement
The City as the Successor Agency proposes to sell the Housing Site at the below market purchase price of one dollar to the current operator, Kainos, under the terms of various legal agreements that include specific restrictions on the property’s use and occupancy, obligations to maintain the property in good condition, and various requirements to be followed if the property is to be sold, transferred or operated by a different organization.

A Regulatory Agreement and Declaration of Restrictive Covenants would be recorded on the property upon execution of the Purchase and Sale Agreement that requires the following:
• Restricts ownership and/or operation by a nonprofit entity, as defined in the Internal Revenue Code, unless City agrees otherwise.
• Restricts the use of the property to congregate residential living or residential care facility or nursing care (defined in Belmont Municipal Code Section 2.100.1). • Restricts occupancy of the property to lower income renter households as defined in the California Health and Safety Code (HSC) Section 50079.5, with a preference for serving extremely low income households and/or individuals with special service needs. • Restricts the maximum rent payment to “affordable rent” as defined in HSC Section 50053 for lower income renter households.
• Restricts the use and occupancy of the property for 55 years. • Requires repayment of a deed of trust that will be recorded on the property by the City and calculated as the difference between the market value as of FY 2025/26 (which has been determined to be $2,170,000 based on a residential appraisal) less the actual cost of property repairs and capital improvements performed by the future owner or operator that exceed an annual allowance for property repairs of $10,000 in FY 2025/26 dollars. This annual allowance for property repairs will be adjusted by a specified annual inflation Index.6 Appendix Table 1 provides an illustrative example of how the repayment calculation would be done if this provision were to apply in a future year. After 55 years, the deed of trust will expire, and repayment will no longer be required.
6 The suggested “Index” would be based on the Consumer Price Index for All Urban Consumers (base years 1982-1984 = 100) for the San Francisco-Oakland-San Jose area, published by the United States Department of Labor, Bureau of Labor Statistics.

If the Index is changed so that the base year differs from that used as of the date most immediately preceding the prior Adjustment Date, the Index will be converted in accordance with the conversion factor published by the United States Department of Labor, Bureau of Labor Statistics. If the Index is discontinued, another similar government inflation index or computation will be used to perform this calculation as authorized by the City. 572
Summary Report on 730 El Camino Real in Belmont 6
The agreements will also require that the future owner (Kainos) meet the following obligations during the term of the Regulatory Agreement:
• Operate, manage, and maintain the property in good condition and promptly address all health and safety issues.
• Promptly address deferred maintenance and repairs.
• Pay all costs for operating, maintaining, insuring, and repairing the property, which includes maintenance of all interior and exterior improvements, including landscaping. • Pay all real and personal property taxes, assessments and charges and all franchise, income, employment, old age benefit, withholding, sales, and other taxes assessed against it, or payable by it, at such times and in such manner as to prevent any penalty from accruing, or any lien or charge
• Will provide the City with at least 90 days notice before there is a proposed change in use or if any interest in the property is to be sold or otherwise transferred. • Will only sell the property or transfer operations to a nonprofit entity that owns and manages affordable housing and/or provides congregate care/residential services within the 55-year period of the use and occupancy restriction unless the City approves the proposed sale or transfer.
573
Summary Report on 730 El Camino Real in Belmont 7
IV. Cost of Agreement to the City
This section describes the estimated historical expenditures by the former RDA and the City, as well as the historical and projected future revenues for the property. The cost of the Agreement to the City is defined as the net cost to the City, which is the difference between estimated expenditures and revenues.

Given the nature of the proposed Agreement, future costs and revenues cannot be accurately predicted. Therefore, the projections presented in this report are considered the best estimates currently available based upon data as of August 2025 in Fiscal Year (FY) 2025/26. In fact, actual costs and revenues to the City may vary from these projections.

1. Estimated City Cost
The City and former RDA costs consist of initial project expenditures that were incurred in 1995 (or earlier) by the former RDA to purchase and rehabilitate the property and the subsequent expenditures that have occurred over the past three decades between FY 1996/97 through FY 2024/25 by both the former RDA and the City. As the City does not have complete records of its and the former RDA’s expenditures for all years, cost estimates have been made where appropriate as described below.

Table 1 shows the initial project expenditures and funding sources that were used in 1995. In summary, the 1995 project expenditures consist of the following:
• Original purchase cost– As described earlier, the property was acquired by the former RDA and was listed on the Inventory of Housing Assets. This Inventory indicates that the property was acquired on 8/30/1994 at a cost of $308,000, which was funded with low-moderate housing funds. The asset value was listed as $325,000 as of February 2012, which implies that the Agency had incurred transaction and other property costs of $17,000. • Rehabilitation cost– The rehabilitation of the property was undertaken by the James E.

Roberts-Obayashi Corporation (JROC) at a reported cost of approximately $568,000 according to the final construction budget provided by JROC. The work was undertaken in 1995 to convert the property to a 6-bed AIDS hospice. The work included: site retaining walls, site utilities, interior rough carpentry, finish carpentry, drywall, doors and windows, flooring, painting, plumbing, electrical, a new elevator, fire protection and HVAC work. • Other project costs– As shown in Table 1, the former RDA and the County provided $910,000 in funding for the project in 1995, which implies that the former RDA also incurred an additional $17,000 in other costs to facilitate the property rehabilitation and lease. 574
Summary Report on 730 El Camino Real in Belmont 8
Table 1
Initial Project Expenditures and Funding Sources as of FY 1995/96 730 El Camino Real Property in City of Belmont
Note: Project Uses and Sources as of Fiscal Year 1995/96 assumed to be equal.

Source: City of Belmont, James E. Roberts-Obayashi Corporation Initial Project Costs and Funding as of FY 1995/96
Amounts
(Rounded to
nearest $1000)
Project Expenditures (Uses)
Property Acquisition Costs
Original Purchase Cost $308,000
Transaction and Other Costs $17,000
Subtotal $325,000
Rehabilitation Cost $568,000
Other Project Costs $17,000
Total Costs (Uses) $910,000
Project Funding (Sources)
Former RDA Funding for Acquisition $325,000
Former RDA Loan (Secured by Deed of Trust) $325,000
Subtotal (Former RDA Funding) $650,000
San Mateo County CDBG Program Loan $260,000
Total Funding (Sources) $910,000
575
Summary Report on 730 El Camino Real in Belmont 9
Table 2 shows the project expenditures and funding sources over the past three decades between FY 1996/97 through FY 2024/25, which consist of the following:
• Property taxes– The former RDA and City has been responsible for paying property taxes that are not exempt from payment due to its public ownership, which include special taxes and assessments. Historical property tax expenditures are summarized in Appendix Table 2.

As the City has owned the property for three decades, annual property tax records were not available prior to FY 1998/1999 from the Finance Department. Expenses for prior years have been estimated as described in Appendix Table 3.
• Property Repair– The former RDA and City has been responsible for paying a significant portion of the repair and capital improvement expenses for the property. Appendix Table 2 summarizes the annual expenditures of the former RDA and City from FY 1996/97 onward, which consist of expenses compiled from financial reports by the City’s Finance Department, building permit records reported by the Building Department and repair invoices reported by Whitley Property Management. As annual expense records were not available for all years prior to FY 2011/22 from the Finance Department, expenses for prior years have been estimated as further described in Appendix Table 3.

Table 2
Project Expenditures from 1996/97 Through FY 2024/25
730 El Camino Real Property in City of Belmont
Note: See Appendix Tables 2 and 3 for supporting data on expenses.

Source: City of Belmont, Whitley Property Management
Project Expenditures of City and Former RDA
Amounts
(Rounded to
nearest $100)
Property Taxes $76,400
Property Repair and Capital Improvement Expenses $216,100 Total Costs $292,500
576
Summary Report on 730 El Camino Real in Belmont 10

2. Estimated Revenue to the City
The City and former RDA have derived revenues from various sources and will continue to receive revenues in the future from the lease of the property. Table 3 shows historical and projected revenues through FY 2024/25, which consist of the following:
• San Mateo County CDBG Program Loan–San Mateo County provided a $260,000 CDBG loan to help pay for the original property rehabilitation costs. This loan was forgiven by the County in July 2025.
• Historical Lease Payments– The lessee has paid annual lease payments of $1,500 per month or $18,000 per year from June 1999 through June 2025 (end of FY 2024/25). • Projected Lease Revenues Until Purchase– The lessee is projected to continue to pay lease payments of $1,500 per month from July 2025 through December 2025 (Six Months).

The City and its General Fund does not expect to receive any property tax revenues from the property because the future owner, Kainos, is a non-profit corporation that is anticipated to file for and receive a welfare property tax exemption on the property given its restricted use as affordable housing for lower income households. However, various enterprise funds are anticipated to receive future revenues for the Belmont Base Sewer Collection, Volume Sewer Collection, Base Sewer Treatment, and NPDES Storm Fee as indicated on the FY 2024/25 property tax bill.

Table 3
Estimated City Revenues
730 El Camino Real in the City of Belmont
Source: City of Belmont, San Mateo County
Amounts
(Rounded to
nearest $100)
San Mateo County CDBG Program Loan $260,000
Historical Lease Payments (June 1999-June 2025) $468,000 Projected Lease Revenues Until Purchase (Six Months) $9,000 Total Revenue $737,000
577
Summary Report on 730 El Camino Real in Belmont 11

3. Estimated Net Costs to the City
The net cost to the Agency is the difference between projected revenues and costs, as shown below in Table 4. The net cost to the City is estimated to be approximately $465,500.

Table 4
Estimated Net Cost to City and Former RDA Through FY 2024/25 730 El Camino Real in the City of Belmont
Source: City of Belmont, San Mateo County, James E. Roberts-Obayashi Corporation, and Whitley Property Management
Estimated Net Cost to City and Former RDA
Amounts
(Rounded to
nearest $100)
City and Former RDA Costs
Fiscal Year 1995/96 Initial Costs $910,000
Expenditures from FY 1996/97 through FY 2024/25 $292,500 Total Costs Through FY 2024/25 $1,202,500
Less: City and Former RDA Revenues $737,000
Net Cost to City and Former RDA $465,500
578
Summary Report on 730 El Camino Real in Belmont 12
V. Estimated Value at Highest and Best Use
As described earlier, the Housing Site was acquired by the former RDA in 1995 and was listed on the Inventory of Housing Assets, which indicates that the asset value was $325,000 as of 2012.

The City retained the appraiser, Carolyn Ulrich, to prepare a residential appraisal of the market value for the property, which was performed as of May 9, 2025. The appraiser’s opinion of value is $2,170,000, which is based on an evaluation of existing property characteristics and conditions without use or affordability restrictions, its location within the City of Belmont and a review of comparable residential properties in Belmont. The appraisal further states that utilizing the existing structure as a single family residence is financially feasible based on current market conditions.

By way of comparison, the median home price for San Mateo County was reported as $338,709 in July 1995 and $2,100,000 in July 2025 according to the California Association of Realtors (CAR).7 For purposes of this reuse appraisal, the value at the property at its highest and best use is equal to the appraiser’s opinion of value of $2,170,000, and a single family home without any use or affordability restrictions is considered the highest and best use of the property.

VI. Estimated Fair Reuse Value
The reuse value is the value of the Housing Site given the allowable development program and the reuse restrictions associated with the properties given the conditions, covenants, and development obligations that will be required in the Purchase and Sale Agreement and associated agreements restricting the use and occupancy of the Property, as summarized earlier in Chapter III.

The reuse value of the Housing Site is estimated in this report utilizing a residual value analysis that assumes the reuse restrictions summarized in Chapter III. The residual value analysis considers the costs associated with the proposed use of the property and compares these costs with the potential revenues that could be generated by the developments given the reuse restrictions on the properties.
7 CAR does not report historical data for the City of Belmont for the past three decades but does report countywide data. 579
Summary Report on 730 El Camino Real in Belmont 13
The residual value analysis models how much a potential property owner would be willing to pay for a property given anticipated annual revenues and expenses associated with the property.

Once those costs are calculated, the balance of revenue that remains is what a future owner can afford to pay for the property. Table 5 summarizes the calculations and results of the residual value analysis to determine the reuse value, and this is an overview of the methodology. • Revenues– The first step is to project the annual revenues that could be generated from the property, which consist of rent payments by residents and revenue for resident support services, which is paid by the Golden Gate Regional Center (GGRC). • Costs– The second step is to project the annual costs associated with the property. These costs are comprised of the following two components:
• Annual operating costs to operate the property and provide services to its residents as if the property were still under lease to the City, and the City were paying for property ownership costs.
• Property ownership costs to manage the property and pay annual ownership expenses including property taxes, insurance, repairs and an allowance for replacement reserves as if the property were purchased. These property ownership costs are included in Table 5 and are based on information provided by the City, CSG Consultants, Kainos, and Brilliant Corners as further described in Appendix Tables 4 and 5. Brilliant Corners is not a participant in the property transfer but provided operating information/data for similar properties it owns. • Net Operating Income (NOI)– NOI is calculated based on the difference between revenues and annual operating costs before and after consideration of property ownership costs. In both cases, the NOI is negative.
• Reuse Value– Using a standard appraisal technique, the value of a property is based on NOI divided by an appropriate capitalization rate. Assuming a 9.6% capitalization rate, then the value of the property is negative, which indicates that the reuse value is $0. 8 As indicated in Table 5, future revenues from rent payments by residents will not likely be sufficient to support the projected annual operating costs and property ownership costs without substantial public assistance from public agencies, such as the State of California, and/or charitable donations from supporters of Kainos and other organizations that support the continued use of the property as affordable housing, particularly for extremely low income residents with special needs.

As indicated in Table 5, the estimated annual subsidy need is about $72,400. 8 The capitalization (cap) rate is based on the CBRE H1 2025 reported cap rate for Class C, non-Core Assisted Living properties, which is the most similar asset class to the property’s current use as a group home with supportive services. 580
Summary Report on 730 El Camino Real in Belmont 14
Table 5
Estimated Reuse Value of Property
730 El Camino Real Property in City of Belmont
Note: The estimated reuse value of property is based on these assumptions.

Affordable rent based on Health and Safety Code Section 50053 calculated at 30% of annual income for extremely low income households at 30% of San Mateo County median income (AMI) of $130,600 as of 2025.

GGRC revenue based on State authorized 2025 reimbursement levels for average annual services provided to residents since 2024. Operating expenses based on an analysis of Kainos annual operating costs for 2024-2025.

See Appendix Tables 4 and 5 for supporting data on annual property ownership cost.

Source: City of Belmont, State of California HCD, CSG Consultants, Brilliant Corners, Kainos Estimated Reuse Value of Property
Amounts
(Rounded to
nearest $100)
Annual Income From Residents and GGRC
Rental Income
Affordable Rent from Seven Residents $82,300
Less: Vacancy Allowance @10% $8,200
Net Rental Income $74,100
GGRC Revenue for Resident Support Services $77,400
Subtotal $151,500
Less: Annual Operating Costs
Personnel $162,800
Utilities $8,500
Business and Automobile Insurance $2,200
Supplies and Other Expenses $12,600
Administrative Overhead $5,600
Subtotal $191,700
Net Operating Income (NOI) Before Ownership Costs ($40,200) Less: Annual Property Ownership Cost
Property Management and Ownership Costs $14,600
Allowance for Repairs and Replacement Reserve $17,600
Subtotal $32,200
Net Operating Income (NOI) After Ownership Costs ($72,400) Required Annual Fundraising to Break Even $72,400
Estimated Reuse Value Based on Net Operating Income Less Than Value based on Cap Rate @ 9.6% $0
581
Summary Report on 730 El Camino Real in Belmont 15
Under Health and Safety Code Section 33433, the City is required to explain the difference if the sale price is less than the fair market value of the interest to be conveyed, determined at the highest and best use consistent with the general plan and zoning. As described in Chapter III, the City as the Successor Agency proposes to sell the Housing Site at the below market purchase price of one dollar to the current operator, Kainos, under the terms of various legal agreements that include specific restrictions on the property’s use and occupancy, obligations to maintain the property in good condition, and various requirements to be followed if the property is to be sold, transferred or operated by a different organization. The consideration to be received by the City is not less than the fair reuse value at the use and with the covenants and conditions and costs authorized by the sale of the property.

VII. Blight Elimination and Conformance with the
Redevelopment Plan
The property at 730 El Camino Real is currently used and would continue to be used to provide affordable housing to lower income households. In accordance with Section 33433, the conveyance of property that results in the provision of housing for Low- or Moderate-Income persons satisfies the blight elimination criteria imposed by Section 33433. Thus, the Project fulfills the blight elimination requirement.

The Los Costanos Community Development Plan (the Plan) was adopted by ordinance on November 24, 1981 and Amended and Restated by ordinance on September 10, 1991. Based upon a review of the Plan, the disposition of the Housing Site is consistent with the Plan. The Plan states that the Agency is authorized to dispose real property so long as it reserves powers and controls to prevent transfer, retention, or use of property for speculative purposes which will be covered by the proposed deed restrictions. Furthermore, the Plan promotes the development and retention of low- and moderate-income affordable housing through public/private partnerships. Finally, the Plan promotes the rehabilitation of existing properties, and the property disposition would also promote its ongoing improvement and rehabilitation by the future owner and operator in the future, which is anticipated to be Kainos. 582
Appendix Tables– Summary Report on 730 El Camino Real in Belmont Appendix Tables
583
Appendix Tables– Summary Report on 730 El Camino Real in Belmont Appendix Table 1
Sample Calculation of Potential Repayment of Deed of Trust 730 El Camino Real Property in City of Belmont
Sample Calculation of Future Restricted Value
Amounts
(Rounded to
nearest $1000)
Market Value as of FY 2025/26 $2,170,000
Less: Net Owner Improvement Expenditures* $225,000
Future Restricted Value to be Repaid $1,945,000
* See sample calculation below of "Net Owner Improvement Expenditures." Fiscal Year
Ending
Inflation
Increase From
Prior Year
Improvement
Allowance
Owner
Improvement
Expenditures
Net Owner
Improvement
Expenditures
2026 $10,000 $12,800 $2,800
2027 3.2% $10,320 $24,800 $14,480
2028 3.1% $10,640 $43,200 $32,560
2029 3.6% $11,023 $26,300 $15,277
2030 3.5% $11,409 $10,800 $0
2031 3.7% $11,831 $41,200 $29,369
2032 3.5% $12,245 $38,300 $26,055
2033 3.6% $12,686 $43,400 $30,714
2034 3.9% $13,181 $76,300 $63,119
2035 3.8% $13,682 $13,400 $0
2036 3.5% $14,161 $24,300 $10,139
Total $131,178 $354,800 $224,513
Net Owner Improvement Expenditures (Rounded to Nearest $1000) $225,000 584
Appendix Tables– Summary Report on 730 El Camino Real in Belmont Appendix Table 2
Property Tax Expenses Through FY 2024/25
730 El Camino Real Property in City of Belmont
Note: Historical expenses for FY 1995/96 to FY 1997/98
are estimated based on actual expenses as of FY 1998/99, discounted by 2% per year based on Proposition 13.

Source: City of Belmont, San Mateo County
Fiscal Year (FY) Ending 730 El Camino Real
2025 $6,004
2024 $5,763
2023 $5,910
2022 $5,102
2021 $5,674
2020 $5,462
2019 $5,198
2018 $4,652
2017 $3,830
2016 $3,668
2015 $3,490
2014 $3,370
2013 $3,152
2012 $2,995
2011 $1,903
2010 $1,970
2009 $906
2008 $639
2007 Estimate $627
2006 Estimate $614
2005 Estimate $602
2004 Estimate $591
2003 Estimate $579
2002 Estimate $568
2001 Estimate $557
2000 Estimate $546
1999 Estimate $535
1998 Estimate $524
1997 Estimate $514
1996 Estimate $504
Total (Rounded to $100) $76,400
585
Appendix Tables– Summary Report on 730 El Camino Real in Belmont Appendix Table 3
Historical Expenses on Property Through FY 2024/25
730 El Camino Real Property in City of Belmont
Note: Historical expenses from FY Ending 2012 onward are based on actual expenses as reported by the City of Belmont and include capital expenditures reported by Whitley Property Management. Historical expenses prior to FY Ending 2012 are based on an inflation adjusted 10-year average of expenses incurred from FY Ending 2012-2021.

The 10-year average is then adjusted downward to account for cost inflation to estimate expenses in each prior year. FY Ending 2009 also includes actual RDA expenses for major capital improvements in that year. The Engineering News Record Building Construction Index (ENR-BCI) is used to adjust for annual cost inflation.

Source: City of Belmont, Whitley Property Management
Fiscal Year (FY) Ending Total Expenses
2025 $13,335
2024 $22,535
2023 $13,338
2022 $2,548
2021 $10,340
2020 $9,396
2019 $3,976
2018 $8,649
2017 $9,269
2016 $7,353
2015 $8,419
2014 $10,829
2013 $5,468
2012 $1,480
2011 Estimate $6,410
2010 Estimate $6,319
2009 Estimate $19,386
2008 Estimate $5,950
2007 Estimate $5,559
2006 Estimate $5,414
2005 Estimate $5,183
2004 Estimate $4,871
2003 Estimate $4,431
2002 Estimate $4,410
2001 Estimate $4,337
2000 Estimate $4,357
1999 Estimate $4,200
1998 Estimate $4,231
1997 Estimate $4,104
Total (Rounded to $100) $216,100
586
Appendix Tables– Summary Report on 730 El Camino Real in Belmont Appendix Table 4
Annual Property Ownership Cost as of FY 2025/26
730 El Camino Real Property in City of Belmont
Note: Property tax estimate assumes welfare tax exemption for non-profit corporation providing affordable housing to low income households or below and assumes. 2% escalation in property tax costs over FY 2024/25. (See Appendix Table 1.) Annual property insurance costs are based on data from Kainos, the California Department of Insurance and insurance brokers. Property management is based on an allowance of $150 per month. The repair allowance is based on recent experience by Kainos and at other similar properties. The Replacement Reserve Allowance is based on the anticipated costs of building improvements as presented in Appendix Table 5.

Source: City of Belmont, Kainos, Brilliant Corners
Annual Cost
Estimate
(Rounded to
nearest $100)
Property Management and Ownership Costs
Property Taxes $6,100
Property Insurance $6,700
Property Management $1,800
Subtotal $14,600
Allowance for Repairs and Replacement Reserve
Repair Allowance (Based on Annual Average for 2024-2025) $8,700 Replacement Reserve Allowance $8,900
Subtotal $17,600
Estimated Annual Costs to Future Owner $32,200
587
Appendix Tables– Summary Report on 730 El Camino Real in Belmont Appendix Table 5
Estimated Building Improvement Costs as of Fiscal Year 2025/26 730 El Camino Real Property in City of Belmont
Note: Building improvements costs are estimated based on the Building Assessment Report prepared by CSG Consultants in July 2024, with a 30% add-on for cost escalation and contingency.

The Building Assessment Report evaluated property deficiencies and identified critical, urgent and recommended repairs to maintain the property in good condition, and it did not include potential repairs related to the elevator. Over the past year, Kainos addressed exterior rising plumbing issues and coordinated volunteer services from Rebuilding Together to do interior painting and flooring upgrades but did not substantively address the repairs identified in the Building Assessment Report.

ThyssenKrupp, who has historically provided elevator maintenance and repair services, has reported that the existing elevator needs to be modernized because many of its component parts are no longer available and able to be replaced. CSG did not include elevator modernization in its Building Assessment Report as the elevator was working when the site inspection was undertaken. Kainos recently requested that another elevator vendor, Schindler Elevator, provide a cost estimate for elevator modernization, which is included in the estimated building improvement costs given the likely need for this improvement.

Source: City of Belmont, San Mateo County, CSG Consultants, Schindler Elevator Corporation CSG Building
Improvement Cost
(2024)
Building
Improvement
Cost Estimate
(Rounded to
nearest $1,000)
Building Improvement Costs
Critical Repairs (0-1 Year) $25,900 $34,000
Urgent Repairs (1-2 Years) $19,000 $25,000
Recommended Repairs (2-5 Years) $68,500 $89,000
Subtotal $113,400 $148,000
Elevator Modernization $118,000
Total $266,000
Replacement Reserve Allowance $8,900
Based on 30-Year Average Life
(Rounded to nearest $100)
588
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1750\40\4108757.8

PURCHASE AND SALE AGREEMENT

AND JOINT ESCROW INSTRUCTIONS

BY AND BETWEEN
City of Belmont,
a municipal corporation
"Seller"
AND
Kainos Home & Training Center for the Developmentally Disabled, a California nonprofit public benefit corporation
"Buyer"
____________, 2026
Attachment 1 Exhibit B
DRAFT
589
-2-
1750\40\4108757.8

PURCHASE AND SALE AGREEMENT

AND JOINT ESCROW INSTRUCTIONS

THIS PURCHASE AND SALE AGREEMENT AND JOINT ESCROW
INSTRUCTIONS (this "Agreement") is made and entered into as of ___________, 2026, (the "Execution Date," which date is for purposes of reference only), by and between City of Belmont, a municipal corporation ("Seller" or "City"), and Kainos Home & Training Center for the Developmentally Disabled, a California nonprofit public benefit corporation ("Buyer") for the purposes of setting forth the agreement of the parties with respect to the transaction contemplated by this Agreement.

RECITALS
A. Seller is the owner of certain real property located at 730 El Camino Real in Belmont, California, as more particularly described on Exhibit A hereto.

B. The City Council of the City of Belmont declared the Property as exempt surplus on February 25, 2025, by Resolution No. 2025-17, pursuant to Government Code Section 54221(f)(1)(B).

C. The former Redevelopment Agency of the City of Belmont ("RDA") initially acquired the Property with tax increment funds designated for low- and moderate-income housing. The former RDA was dissolved in 2012 in accordance with California Law and the Seller elected to serve as the Successor Agency to the former RDA, including the winding down and disposition of certain assets. Concurrently herewith, the City approved the Reuse Appraisal prepared pursuant to Health & Safety Code Section 33433.

D. Upon and subject to the terms and conditions set forth in this Agreement, Seller desires to sell, and Buyer desires to purchase, the following (collectively, the "Property"):
(i) the fee interest in the real property described on Exhibit A hereto, together with all rights, privileges and easements appurtenant thereto or used in connection therewith, including, without limitation, all minerals, oil, gas and other hydrocarbon substances thereon, all development rights, air rights, water, water rights and water stock relating thereto, all strips and gores, and all of Seller's right, title and interest in and to any streets, alleys, easements, rights-of-way, public ways, or other rights appurtenant, adjacent or connected thereto or used in connection therewith (collectively, the "Land"); and
(ii) all buildings, improvements, structures and fixtures included or located on or in the Land (collectively, the "Improvements").

E. Seller currently leases the Property to the Buyer pursuant to that certain Lease dated June 23, 1999 by and between the Seller and the City, as the Successor Agency to the former RDA (as modified, amended or supplemented from time to time, the "Lease 590
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Agreement"). As of the Closing Date, the parties agree the Lease Agreement will be terminated and of no further force and effect.

F. Further, Buyer acknowledges and agrees the Property includes a residential project which contains seven (7) rooms occupied by developmentally disabled individuals who are low-income households (the "Residents"). Under the Lease Agreement, the Buyer provides congregate care services in a supported living facility for the Residents. Buyer is purchasing the Project subject to the existing rights of the Residents that occupy the Property, which rights shall continue in full force and effect.

G. Seller desires the Property to continue to be operated as a congregate care and supportive living facility and Buyer agrees to continue to operate the Property in this manner.

NOW, THEREFORE, in consideration of the foregoing Recitals, which are incorporated herein by this reference, the mutual covenants contained in this Agreement and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Buyer and Seller hereby agree as follows:

1. AGREEMENT TO PURCHASE AND SELL.

Subject to all of the terms and conditions of this Agreement, Seller agrees to sell, transfer and convey to Buyer, and Buyer agrees to acquire and purchase from Seller, the Property upon the terms and conditions set forth herein.

2. PURCHASE PRICE.

2.1. Purchase Price. The purchase price for the Property (the "Purchase Price") shall be the sum of One and no/100 Dollars ($1.00). On the Closing Date (as defined in Section 9.1), Buyer shall pay to Seller the Purchase Price, net of all prorations and adjustments as provided herein, in immediately available funds deposited in Escrow.

2.2. Escrow and Escrow Instructions. The Buyer will open an escrow (the "Escrow") with [________________] ("Title Company" or "Escrow Holder"), at [________________] The Escrow Holder will countersign this Agreement where provided below to indicate the Escrow Holder's consent to serve as Escrow Holder with respect to this Agreement. The terms and conditions set forth in this Agreement will constitute both the agreement between the Buyer and the Seller and joint escrow instructions for the Escrow Holder. If the Escrow Holder requires separate or additional escrow instructions, the Seller and the Buyer agree to promptly execute and deliver such additional instructions to the Escrow Holder, provided, however, that such additional escrow instructions must be consistent with this Agreement. If there is any conflict or inconsistency between the terms and conditions of this Agreement and the additional instructions, this Agreement will govern. The Escrow Holder is designated as the Reporting Person (as defined in Section 6045(e) of the Code and the regulations promulgated with respect to that Section) as permitted by Treasury Regulation Section 1.6045-4(e)(5).

2.3. Use of Property. Buyer hereby agrees that the Property shall be used as a supportive living congregate care facility for individuals experiencing developmental delays or disabilities, 591
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or such other use as is permitted in the Regulatory Agreement, which shall be entered into by and between Seller and Buyer at Closing.

3. DUE DILIGENCE

3.1. Property Documents. The Seller has provided or will provide, within five (5) days after the Execution Date, a copy (or immediate access to such documents and the ability to make copies) of the documents listed on Exhibit D to this Agreement (the "Property Documents").

The Buyer acknowledges that the Seller has not made any representation or warranty of any nature concerning the factual accuracy of any documents delivered or made available for inspection by the Seller to the Buyer, including, without limitation, the Property Documents, and that the Buyer has undertaken all such inspections of the Property as the Buyer deems necessary and appropriate and that the Buyer is relying solely upon such investigations and not on any of the Property Documents or any other information provided to the Buyer by or on behalf of the Seller, except for the representations and warranties of the Seller expressly set forth in this Agreement. As to the Property Documents, the Buyer specifically acknowledges that certain of such Property Documents have been prepared by third parties with whom the Buyer has no privity, are based on information available from public sources over which the Seller has no control and which may be subject to change, may contain errors, mistakes and omissions, and are provided solely as a courtesy to the Seller. The Buyer acknowledges and agrees that no warranty or representation, express or implied, has been made, nor will any be deemed to have been made, to the Buyer with respect to those certain Property Documents, including any right of the Buyer to rely on same, either by the Seller or by any third parties who prepared the same.

Notwithstanding the foregoing, Seller shall not be obligated to deliver to Buyer (i) any document or item that is subject to attorney client privilege, provided that Seller shall notify Buyer if Seller is withholding any documents or items subject to attorney client privilege, which notice shall include a brief description of the subject matter of the item being withheld; and (ii) any document or item that is proprietary to Seller or which Seller is contractually bound to keep confidential, provided that Seller shall notify Buyer if Seller is withholding any document or item subject to confidentiality restrictions, which notice shall include a brief description of the subject matter of the item being withheld.

3.2. Investigations. At all reasonable times from the Execution Date until the Closing or earlier termination of this Agreement and upon reasonable notice to Seller, Buyer and its agents, employees, representatives, and independent contractors shall be entitled, at Buyer's sole cost and expense, to (i) enter onto the Property during normal business hours to perform any customary inspections, investigations, studies and tests of the Property, including, without limitation, physical, structural, mechanical, architectural, engineering, soils, geotechnical and environmental / asbestos tests that Buyer deems reasonable; (ii) cause an environmental assessment of the Property to be performed; (iii) review, examine and copy any Property Documents; and (iv) interview the persons responsible for the management of the Property.

Buyer shall conduct all inspections, investigations, studies and tests pursuant to this Section so as not to unreasonably interfere with or disturb the operations of occupants of the Property or Seller's business.

3.2.1. If this Agreement is terminated, or escrow does not close, for any reason other than a default by Seller, Buyer shall, within ten (10) days after the termination, 592
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deliver to Seller copies of any reports prepared by Buyer's consultants or contractors relating to the physical or environmental condition of the Property which do not restrict such delivery to a third party, provided that Buyer shall not be deemed to make any representation to Seller regarding the accuracy, completeness, methodology or current status of such reports, nor shall Buyer assume any liability with respect to any matter or information referred to or contained in such reports, nor shall Seller have any claim against Buyer or any consultant or contractor of Buyer arising out of such reports. Seller shall treat all such reports as confidential if and to the extent so provided in such reports except if disclosure is required by law, rule, regulation or court order. This obligation shall survive termination of this Agreement.

3.3. Contingency Period. Buyer, in Buyer's sole and absolute discretion, shall approve or disapprove the Property, including the condition of the Property and the feasibility of Buyer's intended development of the Property, during the period beginning on the Execution Date and ending at 5:00 p.m. (California time) on the date that is thirty (30) days after the Execution date (such period, as may be extended in the sole discretion of the Seller, the "Contingency Period").

On or before expiration of the Contingency Period, Buyer shall deliver written notice to Seller either approving or disapproving the Property. If Seller fails to deliver the Property Documents within five (5) days after the Execution Date, the Contingency Period shall be extended by one (1) day for each day after such 5-day period until Seller has delivered to Buyer all of the Property Documents. Buyer's failure to deliver such notice shall be deemed disapproval. If Buyer disapproves (or is deemed to have disapproved) the Property, (i) Buyer shall pay the cancellation charges of the Title Company ("Cancellation Charges"), and (ii) this Agreement shall automatically terminate and be of no further force or effect and neither party shall have any further rights or obligations hereunder, other than pursuant to any provision hereof that expressly survives the termination of this Agreement. If Buyer approves the Property, this Agreement shall remain in full force and effect.

3.4. Insurance. Prior to entering the Property, Buyer shall obtain, or cause its agents and representatives that will enter the Property in connection with the investigations pursuant to Section 3.2 to obtain workers' compensation and general liability insurance (including umbrella or excess policies) in the amount of at least $1,000,000.00 per occurrence, and at least $2,000,000 in the aggregate, which insurance shall name Seller as an additional insured. Upon request, Buyer shall provide Seller with proof of such insurance prior to commencing Buyer's physical inspections of the Property.

3.5. Indemnity and Repair. Buyer agrees to indemnify and hold harmless Seller from any claims, losses, costs, damages, or expenses (including, without limitation, any actual damage to the Property or any injury to persons or property) caused by any act of Buyer or its agents, employees, representatives, or independent contractors in performing any inspections, investigations, studies or tests pursuant to Section 3.2 above, which indemnity shall survive the termination of this Agreement or the Closing; provided, however, that Buyer's indemnity hereunder shall not include any losses, cost, damage or expenses resulting from the acts of Seller or its agents or representatives, or the discovery of any pre-existing condition of the Property. In addition, if this Agreement is terminated, Buyer shall repair any material damage to the Property 593
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caused by its entry thereon and shall restore the Property substantially to the condition in which it existed prior to such entry.

3.6. Seller's Disclaimer and Buyer's Release. Buyer acknowledges (i) that Buyer has entered into this Agreement with the intention of making and relying upon its own investigation of the physical, environmental, economic and legal condition of the Property, and (ii) that Buyer is not relying upon any representations and warranties, other than those specifically set forth in Article 4 below, made by Seller or anyone acting or claiming to act on Seller's behalf concerning the Property. Buyer further acknowledges that it has not received from Seller any accounting, tax, legal, architectural, engineering, property management or other advice with respect to this transaction and is relying solely upon the advice of its own accounting, tax, legal, architectural, engineering, property management and other advisors. Buyer specifically undertakes and assumes all risks associated with the Property. Subject to the provisions of Article 4 of this Agreement, Buyer shall purchase the Property in its "as is" condition on the Closing Date and assumes the risk that adverse physical, environmental, economic or legal conditions may not have been revealed by its investigation.

Except with respect to any claims arising out of fraud, any breach of covenants, representations or warranties set forth in this Agreement, Buyer, for itself and its agents, affiliates, successors and assigns, hereby releases and forever discharges Seller, its agents, affiliates, successors and assigns from any and all rights, claims and demands at law or in equity, whether known or unknown at the time of this agreement, which Buyer has or may have in the future, arising out of the physical, environmental, economic or legal condition of the Property. For the foregoing purposes, Buyer hereby specifically waives the provisions of Section 1542 of the California Civil Code and any similar law of any other state, territory or jurisdiction. Section 1542 provides:

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

Buyer hereby specifically acknowledges that Buyer has carefully reviewed this subsection and discussed its import with legal counsel and that the provisions of this subsection are a material part of this Agreement.

BUYER'S INITIALS:

3.7. Title.

3.7.1. Title Documents. Within five (5) Business Days after the Execution Date, Buyer shall obtain a Preliminary Title Report for the Property issued by Title Company together with copies of all items shown as exceptions therein (collectively, the "Preliminary Report"). Buyer's Review of Title. Buyer may advise Seller in writing by not later than thirty (30) days after receipt of the Preliminary Report what exceptions to title, if any, listed therein are not acceptable to Buyer (collectively, the "Title Objections"). Seller shall have five (5) Business Days after receipt of Buyer's Title Objections to give Buyer notice that (a) Seller will 594
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remove any Title Objections from title (or afford the Title Company necessary information or certifications to permit it to insure over such exceptions) or (b) Seller elects not to cause such exceptions to be removed. Seller's failure to provide notice to Buyer within such five (5) Business Day period as to any Title Objection shall be deemed an election by Seller not to remove the Title Objection.

If Seller so notifies or is deemed to have notified Buyer that Seller shall not remove any or all of the Title Objections, Buyer shall have until the later of close of the Contingency Period or ten (10) Business Days after receipt of Seller's notice (or deemed disapproval) to determine whether (i) to proceed with the purchase and take the Property subject to such exceptions or (ii) to terminate this Agreement. "Permitted Exceptions" shall include and refer to any and all exceptions to title shown on the Preliminary Report, excepting solely Title Objections that have been timely identified by Buyer and that Seller has notified Buyer pursuant to this Section that Seller is willing to remove, and any other exceptions to title approved in writing by Buyer. Notwithstanding anything to contrary herein, Seller shall be obligated to remove all title exceptions created by Seller on or after the date of this Agreement without the prior written consent of Buyer, any mechanic's liens or materialman's liens unless arising in connection with Buyer's activities on the Property, and all liens and encumbrances affecting the Property that secure an obligation to pay money (other than installments of real estate taxes and assessment not delinquent as of the Closing Date).

3.7.3. Condition of Title at Closing. Upon the Closing, Seller shall sell, transfer and convey to Buyer indefeasible fee simple title to the Land and the Improvements thereon by a duly executed and acknowledged grant deed in the form of Exhibit B attached hereto (the "Deed"), subject only to the Permitted Exceptions and to the rights of the Residents.

3.8. Property "AS IS". BUYER ACKNOWLEDGES AND AGREES THAT SELLER

HAS NOT MADE, AND DOES NOT MAKE AND SPECIFICALLY NEGATES AND

DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS,

AGREEMENTS OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER,

WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT, OR FUTURE, OF, AS TO, CONCERNING OR WITH RESPECT TO (I) VALUE; (II) THE INCOME TO BE DERIVED FROM THE PROPERTY; (III) THE SUITABILITY OF THE

PROPERTY FOR ANY AND ALL ACTIVITIES AND USES WHICH BUYER MAY

CONDUCT THEREON, INCLUDING, WITHOUT LIMITATION, THE POSSIBILITIES FOR FUTURE DEVELOPMENT OF THE PROPERTY; (IV) THE NATURE, QUALITY OR

CONDITION OF THE PROPERTY, CONSTRUCTION, RECONSTRUCTION, CONSTRUCTION MATERIALS, OR CONSTRUCTION METHODS; (V) THE

COMPLIANCE OF OR BY THE PROPERTY OR ITS OPERATION WITH ANY LAWS,

RULES, ORDINANCES, OR REGULATIONS OR ANY APPLICABLE GOVERNMENTAL AUTHORITY OR BODY; (VI) COMPLIANCE WITH ANY ENVIRONMENTAL

PROTECTION, POLLUTION OR LAND USE LAWS, RULES, REGULATIONS, ORDERS, OR REQUIREMENTS; (VII) THE PRESENCE OR ABSENCE OF HAZARDOUS MATERIALS AT, ON, UNDER, OR CONTIGUOUS OR ADJACENT TO THE PROPERTY; OR (VIII) ANY OTHER MATTER. SELLER IS NOT LIABLE OR BOUND IN ANY 595
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MANNER BY ANY ORAL OR WRITTEN STATEMENTS, REPRESENTATIONS OR

INFORMATION PERTAINING TO THE PROPERTY, OR THE OPERATION THEREOF,

FURNISHED BY ANY REAL ESTATE BROKER, AGENT, EMPLOYEE, OR OTHER PERSON. BUYER FURTHER ACKNOWLEDGES AND AGREES THAT TO THE

MAXIMUM EXTENT PERMITTED BY LAW, THE SALE OF THE PROPERTY AS PROVIDED FOR HEREIN IS MADE ON AN "AS IS" CONDITION AND BASIS WITH ALL

FAULTS, AND THAT SELLER HAS NO OBLIGATION TO MAKE REPAIRS, REPLACEMENTS, OR IMPROVEMENTS TO THE PROPERTY. NOTWITHSTANDING

ANY OTHER PROVISIONS CONTAINED HEREIN, OR IN ANY DOCUMENT OR

INSTRUMENT DELIVERED IN CONNECTION WITH THE TRANSFER

CONTEMPLATED HEREBY, TO THE CONTRARY (INCLUDING, WITHOUT

LIMITATION, ANY LANGUAGE PROVIDING THE SURVIVAL OF CERTAIN

PROVISIONS HEREOF OR THEREOF), BUYER HEREBY ACKNOWLEDGES AND

AGREES THAT SELLER SHALL, UPON THE CLOSING, BE DEEMED TO HAVE

SATISFIED AND FULFILLED ALL OF SELLER'S COVENANTS, INDEMNITIES, AND

OBLIGATIONS CONTAINED IN THIS AGREEMENT AND THE DOCUMENTS DELIVERED PURSUANT HERETO. THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE CLOSING.

4. INDEMNITY

4.1. Buyer's Indemnity. The Buyer agrees to defend, indemnify and hold the Seller harmless from and against any and all claims, liens, demands, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, and all costs incurred in connection therewith (including, without limitation, reasonable attorneys' fees and costs of experts and consultants) arising from (i) any obligation of the Buyer not expressly assumed by the Seller related to the ownership or operation of the Property after the Closing; (ii) personal injury relating to the Property, or other events or incidents on or about the Property, which occurred after the date of Closing; (iii) the breach of any of the Buyer's representations made under this Agreement; and (iv) based upon the termination of the Lease Agreement. The indemnity contained in this section will survive the termination of this Agreement and the consummation of the Closing.

THE BUYER ACKNOWLEDGES THAT THEY HAVE READ AND UNDERSTAND THE PROVISIONS

OF THIS SECTION, AND BY THEIR INITIALS IMMEDIATELY BELOW AGREE TO BE BOUND BY ITS TERMS.

INITIALS: BUYER:

4.2. Survival. The provisions of Section 4 will survive the Closing and will not be deemed merged into any instrument or conveyance delivered at the Closing.

5. SELLER'S REPRESENTATIONS AND WARRANTIES

5.1. Representations and Warranties. It is expressly understood and agreed that all liability of Seller for breach of the representations and warranties contained in this Section 5 shall 596
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terminate if no suit is filed within six (6) months following the Closing Date. Further, Seller's liability for such breach shall be subject to the limitations set forth in Section 13.2 and 13.3, below. Seller represents and warrants to Buyer as of the date of this Agreement and as of the Closing Date:

5.1.1. Standing. Seller is a government entity, validly existing and in good standing under the laws of the State of California.

5.1.2. Seller's Authority; Validity of Agreements. Seller has full right, power and authority to sell the Property to Buyer as provided in this Agreement and to carry out its obligations hereunder. The individual(s) executing this Agreement and the instruments referenced herein on behalf of Seller have the legal power, right and actual authority to bind Seller to the terms hereof and thereof. This Agreement is and all other documents and instruments to be executed and delivered by Seller in connection with this Agreement shall be duly authorized, executed and delivered by Seller and shall be valid, binding and enforceable obligations of Seller.

5.1.3. Non-Foreign Status. Seller is not a "foreign person" as defined in Internal Revenue Code Section 1445 or Sections 18805 and 26131 of the California Revenue and Taxation Code or any related regulations.

5.1.4. No Litigation. To Seller’s knowledge, it has received no written notice of pending or threatened litigation against Seller related to the Property or claims affecting to the Property that could be the basis of future litigation what would materially adversely affect Sellers’ ability to enter into or perform its obligations under this Agreement.

5.2. SURVIVAL AND RESTATEMENT. All of the representations and warranties of Seller set forth in Section 5.1 (collectively, "Seller's Warranties") shall be deemed re-made by Seller as of the Closing Date with the same force and effect as if in fact made at that time, subject to any qualifications made by Seller and accepted by Buyer pursuant to the provisions set forth below. All of Seller's Warranties, in the form deemed re-made by Seller and accepted by Buyer as of the Closing Date, shall survive the delivery of the Deed and other Closing instruments and documents for a period of six (6) months. If, at any time after the Execution Date, Seller acquires Knowledge of any information that would require the material qualification of any Seller's Warranty for such Seller's Warranty to be true when re-made as of the Closing Date, Seller shall give Buyer prompt written notice of such information, and Seller shall have the right to qualify such Seller's Warranty when re-made at Closing as necessary to reflect such information; provided, however, that to the extent any such qualification represents a material and adverse change to such Seller's Warranty and written notice of such qualification is not received by Buyer until after the expiration of the Contingency Period, Buyer shall have the right either (a) to accept such qualification and to proceed with the Closing without any credit or offset to the Purchase Price unless otherwise agreed in writing by Seller and Buyer, in which case Seller shall have no liability with regard to such matter, or (b) to terminate this Agreement by delivering written notice to Seller and Title Company, in which case (i) the parties shall equally share the Cancellation Charges, and (ii) thereafter neither party shall have any rights or obligations to the other hereunder, other than pursuant to any provision hereof that expressly 597
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survives the termination of this Agreement. The provisions of this section shall survive the Closing.

5.3. Seller's Knowledge. As used in this Agreement, the phrase "to Seller's Knowledge" and words of similar import shall mean the actual knowledge of the Housing and Economic Development Manager of the City, without any duty of separate inquiry and investigation. Seller represents and warrants that the foregoing persons are those persons affiliated with Seller most knowledgeable regarding the ownership and operation of the Property. Buyer hereby agrees that none of the foregoing persons shall have or incur any personal liability for the breach of any representation or warranty in this Agreement, and that Buyer's sole remedy for any such breach shall be an action against Seller.

6. BUYER'S REPRESENTATIONS AND WARRANTIES.

As an essential inducement to Seller to enter into this Agreement, Buyer represents and warrants to and agrees with Seller that, as of the date hereof, and as of the Closing Date:

6.1. No Conflicts. The execution and delivery of this Agreement, the consummation of the transactions herein contemplated, and compliance with the terms of this Agreement will not conflict with, or, with or without notice or the passage of time or both, result in a breach of any of the terms or provisions of, or constitute a default under, any indenture, deed of trust, mortgage, loan agreement, or other document or instrument to which Buyer is a party or by which Buyer is bound, or any applicable regulation of any governmental agency, or any judgment, order or decree of any court having jurisdiction over Buyer or any portion of the Property.

6.2. Due Organization; Consents. Buyer is a corporation duly formed, validly existing and in good standing under the laws of the State of California. All requisite corporate action has been taken by Buyer in connection with entering into this Agreement and will be taken prior to the Closing in connection with the execution and delivery of the instruments referenced herein and the consummation of the transactions contemplated hereby. No consent of any partner, shareholder, beneficiary, creditor, investor, judicial or administrative body, governmental authority or other party is required in connection herewith that has not been obtained.

6.3. Buyer's Authority; Validity of Agreements. Buyer has or will have prior to the Closing full right, power and authority to purchase the Property from Seller as provided in this Agreement and to carry out its obligations hereunder. The individual(s) executing this Agreement and the instruments referenced herein on behalf of Buyer have the legal power, right and actual authority to bind Buyer to the terms hereof and thereof. This Agreement is and all other documents and instruments to be executed and delivered by Buyer in connection with this Agreement shall be duly authorized, executed and delivered by Buyer and shall be valid, binding and enforceable obligations of Buyer.

6.4. Bankruptcy. Buyer has not (i) made a general assignment for the benefit of creditors; (ii) filed any voluntary petition in bankruptcy or suffered the filing of an involuntary petition by Buyer's creditors; (iii) suffered the appointment of a receiver to take possession of all or substantially all of Buyer's assets; (iv) suffered the attachment or other judicial seizure of all, or 598
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substantially all, of Buyer's assets; or (v) admitted in writing its inability to pay its debts as they come due.

6.5. Litigation. Buyer has not received written notice of any pending or threatened litigation against Buyer that would materially adversely affect Buyer's ability to enter into or perform its obligations under this Agreement.

7. COVENANTS OF SELLER.

In addition to the covenants and agreements of Seller set forth elsewhere in this Agreement, Seller covenants and agrees that between the date hereof and the Closing Date:

7.1. Notice of Change in Circumstances. Seller shall promptly notify Buyer of any change in the physical condition of any portion of the Property of which Seller acquires Knowledge after the Execution Date or of any other event or circumstance of which Seller acquires Knowledge after the Execution Date that (a) materially, adversely affects any material portion of the Property or the use or operation of any material portion of the Property, or (b) makes any Seller's warranty materially untrue or misleading, it being expressly understood that Seller's obligation to provide information to Buyer under this Section shall in no way relieve Seller of any liability for a breach by Seller of any of Seller's warranties or of any of Seller's covenants or agreements under this Agreement.

7.2. Insurance. Seller shall maintain its present policies of insurance in effect until the Closing Date, and in any event shall maintain or cause to be maintained (i) all risk property coverage, and (ii) boiler and machinery coverage.

7.3. No Defaults; Maintenance of Property. Seller shall not default with respect to the performance of any material obligation relating to the Property. Subject to Sections 6.4 and 6.5, Seller shall operate and maintain the Property in the same manner that it operated and maintained the Property during the 12 months immediately prior to the Execution Date.

7.4. [Reserved].

7.5. Service Contracts. Seller shall not enter into any service contracts affecting the Property without Buyer's prior written consent (which consent may be withheld in Buyer's sole and absolute discretion), unless the same shall be cancelable, without penalty or premium, upon not more than 30 days' notice from the owner of the Property and Seller shall immediately notify Buyer of any such service contracts.

7.6. Litigation. Seller shall not commence or allow to be commenced on its behalf any action, suit or proceeding with respect to any portion of the Property without Buyer's prior written consent (which consent may be withheld in Buyer's sole and absolute discretion).

8. CONDITIONS PRECEDENT TO CLOSING.

8.1. Buyer's Conditions. The obligation of Buyer to render performance under this Agreement is subject to the following conditions precedent (and conditions concurrent, with respect to deliveries to be made by the parties at Closing) ("Buyer's Conditions"), which 599
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conditions may be waived, or the time for satisfaction thereof extended, by Buyer only in a writing executed by Buyer; provided, however, that any such waiver shall not affect Buyer's ability to pursue any remedy Buyer may have with respect to any breach hereunder by Seller:

8.1.1. Due Diligence. Buyer shall have approved the Property during the Contingency Period pursuant to Section 3.3.

8.1.2. Title. Title Company shall be prepared and irrevocably committed to issue a CLTA extended coverage owner's policy of title insurance in favor of Buyer in an amount equal to the Purchase Price showing indefeasible fee simple title to the Property vested in Buyer, with an endorsement deleting any exclusion for creditor's rights and such other endorsements as may be reasonably requested by Buyer, subject only to the Permitted Exceptions (collectively, the "Owner's Title Policy").

8.1.3. Seller's Warranties. All of Seller's representations and warranties set forth in this Agreement shall be true and correct as of the Closing Date.

8.1.4. Seller's Deliveries. Seller shall have delivered all items to be delivered by Seller pursuant to Sections 10.1 and 10.3 on or prior to the Closing Date.

8.1.5. Condition of Property. Subject to the provisions of Section 12.2 below, the condition of the Property shall be substantially the same on the Closing Date as on the Execution Date, except for reasonable wear and tear and any damages due to any act of Buyer or Buyer's representatives.

8.2. Failure of Buyer's Conditions. If any of Buyer's Conditions have not been fulfilled within the applicable time periods, Buyer may either waive such condition and proceed to the Closing pursuant to this Agreement, in which case Seller shall have no liability with regard to such matter, or terminate this Agreement, in which event (i) the parties shall equally share the Cancellation Charges and (ii) neither party shall thereafter have any rights or obligations to the other hereunder. Notwithstanding the foregoing, if any Buyer's Condition is not satisfied due to a default on the part of Seller, then Buyer shall have the rights and remedies set forth in Section

13.1. 8.3. Seller's Conditions. The obligation of Seller to render performance under this Agreement is subject to the following conditions precedent (and conditions concurrent with respect to deliveries to be made by the parties at Closing) ("Seller's Conditions"), which conditions may be waived, or the time for satisfaction thereof extended, by Seller only in a writing executed by Seller:

8.3.1. Buyer's Warranties. All of the representations and warranties of Buyer set forth in Section 6 hereof shall be true and correct as of the Closing Date.

8.3.2. Buyer's Due Performance. Buyer shall have delivered all items and funds to be delivered by Buyer pursuant to Section 10.2, on or prior to the Closing Date. 600
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8.4. Failure of Seller's Conditions. If any of Seller's Conditions have not been fulfilled within the applicable time periods, Seller may terminate this Agreement by delivery of written notice thereof to Buyer. Upon such termination, (i) the parties shall equally share the Cancellation Charges, and (ii) neither party shall thereafter have any rights or obligations to the other hereunder. Notwithstanding the foregoing, if any Seller Condition is not satisfied due to a default on the part of Buyer, then Seller shall have the rights and remedies set forth in Section

13.1. 9. CLOSING.

9.1. Closing Date. Subject to the provisions of this Agreement, the Closing shall take place on [___________________]. As used herein, the "Closing" shall mean the recordation of the Deed in the Official Records, and the "Closing Date" shall mean the date upon which the Closing actually occurs.

9.2. Closing Costs. Each party shall pay its own costs and expenses arising in connection with the Closing (including, without limitation, its own attorneys' and advisors' fees), except the Buyer shall pay all of its due diligence costs, escrow fees, brokerage commission, title insurance premiums attributable to CLTA standard coverage (for the Owner's Title Policy attributable to ALTA extended coverage, if ALTA is requested by Buyer), any endorsements requested by Buyer, all County transfer taxes related to the transfer of the Property, the City transfer taxes, and other customary costs (the "Closing Costs").

9.3. Termination of Lease Agreement. The Parties agree that as of the Closing Date, the Lease Agreement is terminated and of no further force or effect, except for any provisions which by their terms survive termination.

10. CLOSING DELIVERIES.

10.1. Deliveries by Seller to Escrow. In time sufficient to permit the Closing on the scheduled Closing Date (in no event later than one Business Day in advance), Seller, at its sole cost and expense, shall deliver or cause to be delivered into Escrow the following documents and instruments, each effective as of the Closing Date and executed by Seller, in addition to the other items and payments required by this Agreement to be delivered by Seller:

10.1.1. Deed. The original executed and acknowledged Deed conveying the Property to Buyer or its nominee;

10.1.2. Non-Foreign Affidavit. an original Non-Foreign Affidavit in the form of Exhibit C attached hereto, executed by Seller;

10.1.3. California FTB Form 593-C. an original California FTB Form 593-C, executed by Seller;

10.1.4. Proof of Authority. Such proof of Seller's authority and authorization to enter into this Agreement and the transaction contemplated hereby, and such proof of the power and authority of the individual(s) executing or delivering any instruments, documents or certificates on behalf of Seller to act for and bind Seller as may be reasonably required by Title Company or Buyer; 601
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10.1.5. City Regulatory Agreement. Two (2) original executed Regulatory Agreement and Declaration of Restrictive Covenants by and between the Seller and the Buyer ("Regulatory Agreement"); and

10.1.6. Other. Such other documents and instruments, signed and properly acknowledged by Seller, if appropriate, as may be reasonably required by Buyer, Title Company or otherwise in order to effectuate the provisions of this Agreement and the Closing of the transactions contemplated herein, including, without limitation, reasonable or customary title affidavits and indemnities required by Title Company to issue the Owner's Title Policy.

10.2. Deliveries by Buyer to Escrow. In time sufficient to permit the Closing on the scheduled Closing Date (in no event later than one Business Day in advance), Buyer, at its sole cost and expense, shall deliver or cause to be delivered into Escrow the following:

10.2.1. Balance, Prorations & Closing Costs. The balance of the Purchase Price and Buyer's share of prorations and Closing Costs;

10.2.2. City Regulatory Agreement. Two (2) original executed Regulatory Agreement;

10.2.3. City Deed of Trust. Two (2) original executed Deed of Trust for the benefit of the City ("Deed of Trust");

10.2.4. City Promissory Note. One (1) original executed Promissory Note in favor of the City.

10.2.5. Insurance. Prior to close of escrow, Buyer shall obtain and provide evidence of a bound standard all risk property insurance policy equal to the replacement value of the Property (adjusted every five (5) years by appraisal, if requested by City), naming the City as an additional insured. Additional insurance requirements are set forth in Section 5 of the City Deed of Trust.

10.2.6. Other. Such other documents and instruments, signed and properly acknowledged by Buyer, if appropriate, as may reasonably be required by Escrow Agent or otherwise in order to effectuate the provisions of this Agreement and the closing of the transactions contemplated herein.

10.3. Deliveries Outside of Escrow. Seller shall deliver possession of the Property to Buyer upon the Closing, subject to the rights of the Residents. Further, Seller hereby covenants and agrees, at its sole cost and expense, to deliver or cause to be delivered to deliver to Buyer, on or prior to the Closing, the following items:

10.3.1. Property Documents. To the extent not previously delivered to or copied by Buyer, copies of or, if in Seller's possession or control, the originals of all of the Property Documents in Seller's possession or control;
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10.3.2. Other. Such other documents and instruments as may be reasonably required by Buyer or otherwise in order to effectuate the provisions of this Agreement and the Closing of the transactions contemplated herein.

10.4. Closing Procedure. When the Title Company has timely received all documents and funds identified in Sections 10.1 and 10.2, and has received written notification from Buyer and Seller that all conditions to Closing have been satisfied or waived; and the Title Company is irrevocably committed to issue the Title Policy as described in Section 8.1.2, then, and only then, the Title Company shall:

10.4.1. Record the Deed, the Regulatory Agreement, and the Deed of Trust in the Official Records of San Mateo County, California;

10.4.2. Issue the Owner's Title Policy to Buyer;

10.4.3. Deliver to Buyer (i) a conformed copy showing all recording information of the Deed, Regulatory Agreement, and Deed of Trust, (ii) a fully executed original Non-Foreign Affidavit, California FTB Form 593-C, and (iii) Buyer's closing statement; and

10.4.4. Deliver to Seller (i) the Purchase Price (as adjusted for prorations), (ii) a conformed copy showing all recording information of the Deed, Regulatory Agreement, and Deed of Trust, and (iii) Seller's closing statement.

10.5. Real Estate Reporting Person. Title Company is designated the "real estate reporting person" for purposes of section 6045 of title 26 of the United States Code and Treasury Regulation 1.6045-4 and any instructions or settlement statement prepared by Title Company shall so provide. Upon the consummation of the transaction contemplated by this Agreement, the parties shall instruct Title Company to file Form 1099 information return and send the statement to Seller as required under the aforementioned statute and regulation.

11. PRORATIONS.

11.1. Prorations. Real property taxes and assessments and any rent due by Buyer under the Lease Agreement shall be prorated between Buyer and Seller as of 12:01 a.m. on the Closing Date. Buyer shall cause all utilities not already in the Buyer’s name to be transferred into Buyer's name and account at the time of the Closing Date, unless specified otherwise in the Lease Agreement. Buyer shall obtain its own insurance with respect to the Property and shall not be responsible for any insurance premiums in connection with Seller's insurance. If any of the aforesaid prorations and credits cannot be calculated accurately on the Closing Date, then the same shall be calculated as soon as reasonably practicable after the Closing Date and either party owing the other party a sum of money based on such subsequent proration or credit shall promptly pay such sum to the other party.
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12. RISK OF LOSS.

12.1. Reserved.

12.2. Casualty. If, prior to the Closing Date, any portion of the Property is damaged or destroyed, Seller shall immediately notify Buyer of such fact. If the cost to repair such damage or destruction is reasonably estimated to be more than One Hundred Thousand Dollars ($100,000), Buyer shall have the option to terminate this Agreement by delivering written notice to Seller not later than 30 days after Buyer's receipt of Seller's notice regarding such damage or destruction. Upon such termination, the parties shall equally share the Cancellation Charges, and neither party shall have any further rights or obligations hereunder, other than pursuant to any provision hereof that expressly survives the termination of this Agreement. If Buyer does not elect to terminate this Agreement within the time period set forth above, the parties shall proceed to Closing pursuant to the terms hereof without modification of the terms of this Agreement and without any reduction in the Purchase Price (unless otherwise agreed in writing by Seller and Buyer), and (ii) Seller shall assign to Buyer, and Buyer shall be entitled to receive and keep, all insurance proceed payable in connection with the casualty, provided Buyer is using such insurance proceeds to rebuild the improvements on the Property for the operation of the project in accordance with the Regulatory Agreement.

13. DEFAULT.

13.1. Default By Seller or Buyer. In the event the Closing and the transactions contemplated hereby do not occur as herein provided by reason of any default by a party, the non-defaulting party, as its sole and exclusive remedy, may elect by written notice to the defaulting party, either of the following: (a) to terminate this Agreement, in which event the defaulting party shall pay the Cancellation Charges, or (b) waive such breach and proceed with the Closing. If the Closing has occurred, the non-defaulting party shall not be entitled to bring a claim against the defaulting party unless the non-defaulting party establishes that the defaulting party materially breached a representation or warranty contained in Section 5 or Section 6, as applicable, or a covenant that has expressly survived the Closing and has not terminated or expired, in which case the nondefaulting party may seek damages by reason thereof subject to the limitations set forth in Section 13.2 and 13.3, below. All other claims of non-defaulting party against the defaulting party (other than post-closing covenants) shall be deemed waived. The provisions of this Section shall survive the Closing.

13.2. Limitation of Seller's Liability. Notwithstanding anything to the contrary contained in this Agreement, the maximum aggregate liability of Seller, and the maximum aggregate amount which may be awarded to and collected by Buyer, including, but not limited to, for any breach of any representation, warranty, and/or covenant by Seller under this Agreement or any documents executed pursuant hereto or in connection herewith, shall be limited to Buyer's actual, verifiable damages (and specifically excluding consequential, punitive, special and exemplary damages) subject to the following provisions of this Section. No claim for a breach of any Seller representation or warranty or the failure or default of a covenant or agreement of Seller whether or not such covenant or agreement survives Closing, shall be actionable or payable unless (a) the breach in question results from, or is based on, a condition, state of facts or other matter which was not actually disclosed to, or actually known by, Buyer, and of which Buyer did not have 604
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actual knowledge or constructive knowledge, prior to Closing, (b) the valid claim for all such breaches collectively aggregate more than Twenty Five Thousand Dollars ($25,000) ("Floor Amount"), in which event only the amount of such claims in excess thereof shall be actionable, and (c) written notice containing a description of the specific nature of such breach shall have been delivered by Buyer to Seller prior to the expiration of the six (6) month survival period, and an action with respect to such breach(es) shall have been commenced by Buyer against Seller within such six (6) month period after Closing. Notwithstanding anything contained herein to the contrary, the maximum amount that Buyer shall be entitled to collect from Seller in connection with all suits, litigation or administrative proceedings resulting from all breaches by Seller of any representation or warranty of Seller or any covenants or agreement of Seller, inclusive of any recovery pursuant to Section 16.15, shall in no event exceed $50,000.

Notwithstanding anything to the contrary contained herein, if Buyer obtains actual knowledge or constructive knowledge that any representation or warranty of Seller is not true or correct as of the Effective Date, or that such representation or warranty is not true or correct on or before the Closing, or obtains actual or constructive knowledge that Seller has failed to perform any covenant and agreement herein contained, and Buyer shall nevertheless acquire the Property notwithstanding such fact, Buyer shall not be entitled to commence any action after Closing to recover damage from Seller due to such representation or warranty failing to be true or correct (and Buyer shall not be entitled to rely on such representation or warranty) or such covenant(s) and agreement(s) having failed to be performed by Seller. The provisions of this Section shall survive the Closing.

13.3. Limit on Remedies. Notwithstanding anything to the contrary contained in this Agreement, in no event will either Party be liable for any speculative, consequential, or punitive damages or lost profits. No person, acting solely in his or her representative capacity, for example, as a trustee of a trust, officer of a corporation, member or manager of a limited liability company, partner of a limited partnership, or representative, agent, or employee of a public agency that is a Party to this Agreement, will have any personal liability for the actions of the Parties pursuant to this Agreement

14. BROKERS' COMMISSION.

14.1. No Broker. Buyer and Seller each represent and warrant to the other that there are no commissions, finder's fees or brokerage fees arising out of the transactions contemplated by this Agreement. Each party shall indemnify and hold the other party harmless from and against any and all liabilities, claims, demands, damages, costs and expenses, including without limitations, reasonable attorneys' fees and court costs, in connection with claims for any such commissions, finders' fees or brokerage fees arising out of each such party's conduct or the inaccuracy of the foregoing representation and/or warranty. The provisions of this Section shall survive the Closing or termination of this Agreement.

15. RESERVED

16. MISCELLANEOUS PROVISIONS
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16.1. Governing Law. This Agreement and the legal relations between the parties hereto shall be governed by and construed and enforced in accordance with the laws of the State of California, without regard to its principles of conflicts of law.

16.2. Entire Agreement. This Agreement, including the exhibits and schedules attached hereto, constitutes the entire agreement between Buyer and Seller pertaining to the subject matter hereof and supersedes all prior agreements, understandings, letters of intent, negotiations and discussions, whether oral or written, of the parties, and there are no warranties, representations or other agreements, express or implied, made to either party by the other party in connection with the subject matter hereof except as specifically set forth herein or in the documents delivered pursuant hereto or in connection herewith.

16.3. Modifications; Waiver. No supplement, modification, waiver or termination of this Agreement shall be binding unless executed in writing by the party to be bound thereby. No waiver of any provision of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar), nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.

16.4. Notices. All notices, consents, requests, reports, demands or other communications hereunder (collectively, "Notices") shall be in writing and may be given personally, by reputable overnight delivery service or by facsimile transmission to each of the parties at the following addresses:

To Buyer:

Kainos Home & Training Center for the Developmentally Disabled [_____________]
[_____________]
With a copy to:
[_____________]
[_____________]
To Seller:

City of Belmont
Belmont City Hall
One Twin Pines Lane
Belmont, California 94002
Attn: City Manager
or to such other address or such other person as the addressee party shall have last designated by written notice to the other party. A copy of any Notice sent by e-mail also must be personally delivered or sent by reputable overnight courier service (in accordance with this Section) within 48 hours of the transmission of such Notice by e606 -19-
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mail, provided that failure to do so will not invalidate any Notice actually received by the party to whom the e-mail was addressed. Notices given by e-mail transmission shall be deemed to be delivered as of the date and time when transmission and receipt of such facsimile is confirmed; and all other Notices shall have been deemed to have been delivered on the date of delivery or refusal. All copies of Notices (i.e., those provided to any person or entity other than Seller, Buyer, or Escrow Agent) shall be given as a courtesy only, and the failure or inability to deliver any courtesy copy of any Notice will not invalidate the Notice given to Seller, Buyer, or Escrow Agent.

16.5. Severability. Any provision or part of this Agreement which is invalid or unenforceable in any situation in any jurisdiction shall, as to such situation and such jurisdiction, be ineffective only to the extent of such invalidity and shall not affect the enforceability of the remaining provisions hereof or the validity or enforceability of any such provision in any other situation or in any other jurisdiction.

16.6. Successors and Assigns; Third Parties. Buyer is prohibited from assigning its rights, interests, and obligations under this Agreement without the explicit written consent of the Seller, in the Seller's sole discretion. All of the rights, duties, benefits, liabilities and obligations of the parties shall inure to the benefit of, and be binding upon, their respective successors and assigns.

Except as specifically set forth or referred to herein, nothing herein expressed or implied is intended or shall be construed to confer upon or give to any person or entity, other than the parties hereto and their successors or assigns, any rights or remedies under or by reason of this Agreement.

16.7. Counterparts. This Agreement may be executed in as many counterparts as may be deemed necessary and convenient, and by the different parties hereto on separate counterparts, each of which, when so executed, shall be deemed an original, but all such counterparts shall constitute one and the same instrument.

16.8. Headings. The section headings of this Agreement are for convenience of reference only and shall not be deemed to modify, explain, restrict, alter or affect the meaning or interpretation of any provision hereof.

16.9. Time of The Essence. Time shall be of the essence with respect to all matters contemplated by this Agreement.

16.10. Further Assurances. In addition to the actions recited herein and contemplated to be performed, executed, and/or delivered by Seller and Buyer, Seller and Buyer agree to perform, execute and/or deliver or cause to be performed, executed and/or delivered at the Closing or after the Closing any and all such further acts, instruments, deeds and assurances as may be reasonably required to consummate the transactions contemplated hereby.

16.11. Joint and Several Liability. The obligations of each person or entity executing this Agreement as Seller shall be joint and several.

16.12. Number and Gender. Whenever the singular number is used, and when required by the context, the same includes the plural, and the masculine gender includes the feminine and neuter genders.
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16.13. Construction. This Agreement shall not be construed more strictly against one party hereto than against any other party hereto merely by virtue of the fact that it may have been prepared by counsel for one of the parties.

16.14. Exhibits. All exhibits attached hereto are hereby incorporated by reference as though set out in full herein.

16.15. Attorneys' Fees. If any action is brought by either party against the other party, relating to or arising out of this Agreement, the transaction described herein or the enforcement hereof, the prevailing party shall be entitled to recover from the other party reasonable attorneys' fees, costs and expenses incurred in connection with the prosecution or defense of such action. The provisions of this Section shall survive the entry of any judgment, and shall not merge, or be deemed to have merged, into any judgment.

16.16. Business Days. As used herein, the term "Business Day" shall mean a day that is not a Saturday, Sunday or legal holiday. In the event that the date for the performance of any covenant or obligation under this Agreement shall fall on a Saturday, Sunday or legal holiday under the laws of the State of California, the date for performance thereof shall be extended to the next Business Day.
[Remainder of Page Intentionally Blank]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Execution Date.

SELLER:

CITY OF BELMONT,
a municipal corporation
By: ____________________________
Afshin Oskoui, City Manager
Dated: ____________________________
BUYER:

KAINOS HOME & TRAINING CENTER FOR
THE DEVELOPMENTALLY DISABLED, a
California nonprofit public benefit corporation
By: _____________________________
Name: _____________________________
Title: _____________________________
ATTEST:

By: ____________________________
Jozi Plut, City Clerk
Dated: ____________________________
APPROVED AS TO FORM:

By: ____________________________
Scott Rennie, City Attorney
Dated: ____________________________
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Acceptance by Title Company
[______________] acknowledges receipt of the foregoing Agreement and accepts the instructions contained herein.
[______________]
By: _____________________________
Name: _____________________________
Title: ______________________________
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EXHIBIT A

LEGAL DESCRIPTION
For APN/Parcel ID(s): 044-222-140

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF BELMONT, COUNTY OF SAN MATEO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

LOT 5, AS DELINEATED UPON THAT CERTAIN MAP ENTITLED "SWIFTS SUBDIVISION OF LOT NO. 13 AND A PORTION OF LOT 13, MEZES RANCH, NEAR BELMONT, SAN MATEO COUNTY, CALIFORNIA", FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA, ON FEBRUARY 15TH, 1897 IN BOOK "A" OF MAPS, AT PAGE 57, AND COPIED INTO BOOK 2 OF MAPS, AT PAGE 86.

EXCEPTING THEREFROM THE NORTHEASTERLY PORTION OF SAID LOT DESCRIBED IN DEED TO THE STATE OF CALIFORNIA FOR HIGHWAY PURPOSES, DATED AUGUST 22, 1934 AND RECORDED SEPTEMBER 12, 1932, IN BOOK 632, AT PAGE 184, OF OFFICIAL RECORDS.

J.P.N. 044-022-222-14a
611
B-1-
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EXHIBIT B

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
______________________
[ADDRESS]
Attn:

MAIL TAX STATEMENTS TO:
______________________
[ADDRESS]
Attn:

GRANT DEED
The undersigned Grantor declares that Documentary Transfer Tax is not part of the public records.

FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, _________________________, a ___________________ ("Grantor"), hereby GRANTS to _____________________________________("Grantee"), that certain real property located in the City of _______, County of _____, State of California and more particularly described in Exhibit A attached hereto and incorporated herein by this reference (the "Property"), together with (i) all improvements located thereon, (ii) all rights, privileges, easements and appurtenances appertaining to the Property, and (iii) all right, title and interest of Grantor (if any) in, to and under adjoining streets, rights of way and easements
IN WITNESS WHEREOF, Grantor has caused its duly authorized representatives to execute this instrument as of __________ ___, 20__.

GRANTOR: _________________________,
a ____________________
By:

Its:

Assessor's Parcel Number: _________________
612
B-2-
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STATE OF CALIFORNIA )
)

COUNTY OF )
On __________ ___, 20___, before me, ______________________, a Notary Public in and for said State, personally appeared ______________________________ and ______________________________, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

WITNESS my hand and official seal.

Signature (Seal)
613
Standard Form Purchase and Sale Agreement B-3-
1750\40\4108757.8
Exhibit A
Legal Description of the Property
For APN/Parcel ID(s): 044-222-140

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF BELMONT, COUNTY OF SAN MATEO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

LOT 5, AS DELINEATED UPON THAT CERTAIN MAP ENTITLED "SWIFTS SUBDIVISION OF LOT NO. 13 AND A PORTION OF LOT 13, MEZES RANCH, NEAR BELMONT, SAN MATEO COUNTY, CALIFORNIA", FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA, ON FEBRUARY 15TH, 1897 IN BOOK "A" OF MAPS, AT PAGE 57, AND COPIED INTO BOOK 2 OF MAPS, AT PAGE 86.

EXCEPTING THEREFROM THE NORTHEASTERLY PORTION OF SAID LOT DESCRIBED IN DEED TO THE STATE OF CALIFORNIA FOR HIGHWAY PURPOSES, DATED AUGUST 22, 1934 AND RECORDED SEPTEMBER 12, 1932, IN BOOK 632, AT PAGE 184, OF OFFICIAL RECORDS.

J.P.N. 044-022-222-14a
614
Standard Form Purchase and Sale Agreement C-1-
1750\40\4108757.8

EXHIBIT C

NON-FOREIGN AFFIDAVIT

1. Section 1445 of the Internal Revenue Code of 1986, as amended (the "Code"), provides that a transferee of a United States real property interest must withhold tax if the transferor is a foreign person. For U.S. tax purposes (including Section 1445 of the Code), the owner of a disregarded entity (which has legal title to a U.S. real property interest under local law) will be the transferor of the property and not the disregarded entity.

2. In order to inform ____________________ and its nominees, designees and assigns (collectively, "Transferee"), that withholding of tax is not required upon the disposition by _________________________, a ________________ ("Transferor"), of the United States real property more particularly described on Exhibit A attached hereto and incorporated herein by reference (the "Property"), the undersigned Transferor certifies and declares by means of this certification, the following:
a. Transferor is not a foreign person, foreign corporation, foreign partnership, foreign trust or foreign estate (as such terms are defined in the Code and the Income Tax Regulations).
b. Transferor is not a disregarded entity (as defined in Section 1.1445-2(b)(2)(iii) of the Income Tax Regulations).
c. Transferor's federal taxpayer identification number is: __________. d. Transferor's address is:

3. Transferor understands that this certification may be disclosed to the Internal Revenue Service by Transferee and that any false statement contained in this certification may be punished by fine, imprisonment or both.
615
Standard Form Purchase and Sale Agreement C-2-
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Under penalties of perjury, the undersigned declares that he/she has examined this certification and to the best of his/her knowledge and belief it is true, correct, and complete, and he/she further declares that he/she has authority to sign this certification on behalf of Transferor.

Executed this _____ day of __________, 202__ at ______________________________.

TRANFEROR: __________________________,
a __________________________
: By:

Name:

Its:
616
Standard Form Purchase and Sale Agreement C-3-
1750\40\4108757.8
Exhibit A
Legal Description
For APN/Parcel ID(s): 044-222-140

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF BELMONT, COUNTY OF SAN MATEO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

LOT 5, AS DELINEATED UPON THAT CERTAIN MAP ENTITLED "SWIFTS SUBDIVISION OF LOT NO. 13 AND A PORTION OF LOT 13, MEZES RANCH, NEAR BELMONT, SAN MATEO COUNTY, CALIFORNIA", FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA, ON FEBRUARY 15TH, 1897 IN BOOK "A" OF MAPS, AT PAGE 57, AND COPIED INTO BOOK 2 OF MAPS, AT PAGE 86.

EXCEPTING THEREFROM THE NORTHEASTERLY PORTION OF SAID LOT DESCRIBED IN DEED TO THE STATE OF CALIFORNIA FOR HIGHWAY PURPOSES, DATED AUGUST 22, 1934 AND RECORDED SEPTEMBER 12, 1932, IN BOOK 632, AT PAGE 184, OF OFFICIAL RECORDS.

J.P.N. 044-022-222-14a
617
D-1
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EXHIBIT D

PROPERTY DOCUMENTS
The Buyer acknowledges that the Buyer has received from the Seller the following documents:

1. Condition of Title Guarantee, Fidelity National Title, November 5, 2024

2. Building Assessment Report for Three Residences, Prepared by CSG Consultants, Inc.

July 11, 2024

3. Appraisal of Real Property, 730 El Camino Real by Carolynn Ulrich, as of May 9, 2025 618
-i1750\40\4108757.8

TABLE OF CONTENTS

LIST OF EXHIBITS
EXHIBIT A Legal Description
EXHIBIT B Grant Deed
EXHIBIT C Non Foreign Affidavit
EXHIBIT D Property Documents
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City of Belmont
Belmont City Hall
One Twin Pines Lane
Belmont, California 94002
Attn: City Manager

No fee for recording pursuant to (Space above for Recorder's Use) Government Code Section 27383 and 27388.1

DEED OF TRUST

AND SECURITY AGREEMENT
(730 El Camino)
THIS DEED OF TRUST AND SECURITY AGREEMENT ("Deed of Trust") made as of [__________], among the trustor, Kainos Home & Training Center for the Developmentally Disabled, a California nonprofit public benefit corporation (the "Owner"), whose address is 3631 Jefferson Avenue, Redwood City, CA 94062; Fidelity National Title Insurance Company, a [___________] ("Trustee"), and City of Belmont, as the housing successor to the former Redevelopment Agency of the City of Belmont, as Beneficiary (the "City").

The Owner, in consideration of the promises herein recited and the trust herein created, irrevocably grants, transfers, conveys, and assigns to Trustee, in trust, with power of sale, the property located in the City of Belmont, State of California, described in the attached Exhibit "A" (the "Property").

TOGETHER with all the improvements now or hereafter erected on the Property, and all easements, rights, appurtenances, and all fixtures now or hereafter attached to the Property, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the Property covered by this Deed of Trust; and
TOGETHER with all articles of personal property or fixtures now or hereafter attached to or used in and about the building or buildings now erected or hereafter to be erected on the Property which are necessary to the complete and comfortable use and occupancy of such building or buildings for the purposes for which they were or are to be erected, including all other goods and chattels and personal property as are ever used or furnished in operating a building, or the activities conducted therein, similar to the one herein described and referred to, and all renewals or replacements thereof or articles in substitution therefore, whether or not the same are, or shall be attached to said building or buildings in any manner; and all of the foregoing, together with the Property, is herein referred to as the "Security." To have and to hold the Security together with acquittances to the Trustee, its successors and assigns forever;
TO SECURE to the City the performance of the covenants and agreements of Owner contained in that certain Regulatory Agreement and Declaration of Restrictive Covenants executed by and between the Owner and the City of even date herewith (the "Regulatory Agreement"); TO SECURE to the City the payment of all amounts due under the Resale Restriction (as such terms are defined in the Regulatory Agreement and evidenced by that certain City Note executed by the Attachment 1 Exhibit C
DRAFT
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Owner for the City's benefit of even date herewith (the "City Note")) that may become due by Owner to City.

TO SECURE the payment of all other sums, with interest thereon, advanced in accordance herewith to protect the security of this Deed of Trust; and the performance of the covenants and agreements of Owner herein contained.

OWNER AND CITY COVENANT AND AGREE AS FOLLOWS:

1. Owner's Estate. That Owner is lawfully seized of the estate hereby conveyed and has the right to grant and convey the Security, that other than this Deed of Trust, the Security is encumbered only by the Regulatory Agreement. Owner agrees to warrant and defend generally the title to the Security against all claims and demands, subject to any declarations, easements or restrictions listed in a schedule of exceptions to coverage in any title insurance policy insuring the City's interest in the Security.

2. Payment of Amounts due under Resale Restriction. Owner will promptly pay to the City, when and if due any amounts due under the Resale Restriction as defined in the Regulatory Agreement and City Note.

3. Regulatory Agreement. Owner will observe and perform all of the covenants and agreements of the Regulatory Agreement.

4. Charges; Liens. Owner will pay all taxes, assessments and other charges, fines, and impositions attributable to the Security which may attain a priority over this Deed of Trust, by Owner making any payment, when due, directly to the payee thereof. Upon request by the City, Owner will promptly furnish to the City all notices of amounts due under this paragraph. In the event Owner makes payment directly, Owner will promptly discharge any lien which has priority over this Deed of Trust; provided, that Owner will not be required to discharge any lien described in this paragraph so long as Owner will agree in writing to the payment of the obligation secured by such lien in a manner acceptable to the City, or will, in good faith, contest such lien by, or defend enforcement of such lien in, legal proceedings which operate to prevent the enforcement of the lien or forfeiture of the Security or any part thereof.

5. Hazard Insurance. Owner will keep the Security insured by a standard all risk property insurance policy equal to the replacement value of the Security (adjusted every five (5) years by appraisal, if requested by the City) naming the City as an additional insured and loss payee. If the Security is in a flood plain, Owner shall also obtain flood insurance.

The insurance carrier providing this insurance shall be licensed to do business in the State of California and be chosen by Owner subject to approval by the City.

All insurance policies and renewals thereof will be in a form acceptable to the City and will include a standard mortgagee clause with standard lender's endorsement in favor of the City as its interest may appear and in a form acceptable to the City. The City shall have the right to hold, or cause its designated agent to hold, the policies and renewals thereof, and Owner shall promptly furnish to the City, or its designated agent, the original insurance policies or certificates of insurance, all renewal notices and all receipts of paid premiums. In the event of loss, Owner will give prompt notice to the insurance carrier and the City or its designated agent. The City, or its designated agent, may make proof of loss if not made promptly by Owner. The City shall receive thirty (30) days' advance notice of cancellation of any insurance policies required under this section.
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Unless the City and Owner otherwise agree in writing, insurance proceeds will be applied to restoration or repair of the Security damaged, provided such restoration or repair is economically feasible and the Security of this Deed of Trust is not thereby impaired. If such restoration or repair is not economically feasible or if the Security of this Deed of Trust would be impaired, the insurance proceeds will be used to repay any amounts due under the Resale Restriction and City Note, with the excess, if any, paid to Owner. If the Security is abandoned by Owner, or if Owner fails to respond to the City, or its designated agent, within thirty (30) days from the date notice is mailed by either of them to Owner that the insurance carrier offers to settle a claim for insurance benefits, the City, or its designated agent, is authorized to collect and apply the insurance proceeds at the City's option either to restoration or repair of the Security or to pay amounts due under the Resale Restriction and City Note.

If the Security is acquired by the City, all right, title, and interest of Owner in and to any insurance policy and in and to the proceeds thereof resulting from damage to the Security prior to the sale or acquisition will pass to the City to the extent of the sums secured by this Deed of Trust immediately prior to such sale or acquisition.

6. Preservation and Maintenance of Security. Owner will keep the Security in good repair and in a neat, clean, and orderly condition and will not commit waste or permit impairment or deterioration of the Security. If there arises a condition in contravention of this Section 6, and if the Owner has not cured such condition within thirty (30) days after receiving a City notice of such a condition, then in addition to any other rights available to the City, the City shall have the right (but not the obligation) to perform all acts necessary to cure such condition, and to establish or enforce a lien or other encumbrance against the Security to recover its cost of curing.

7. Protection of the City's Security. If Owner fails to perform the covenants and agreements contained in this Deed of Trust or if any action or proceeding is commenced which materially affects the City's interest in the Security, including, but not limited to, any default under or judicial or non-judicial proceeding to foreclose the lien of a junior or senior mortgage or deed of trust, eminent domain, insolvency, code enforcement, or arrangements or proceedings involving a bankruptcy or decedent, then the City, at the City's option, upon notice to Owner, may make such appearances, disburse such sums and take such action as it determines necessary to protect the City's interest, including, but not limited to, disbursement of reasonable attorneys' fees and entry upon the Security to make repairs.

Any amounts disbursed by the City pursuant to this paragraph, with interest thereon, will become an indebtedness of Owner secured by this Deed of Trust. Unless Owner and City agree to other terms of payment, such amount will be payable upon notice from the City to Owner requesting payment thereof, and will bear interest from the date of disbursement at the lesser of (i) ten percent (10%); or (ii) the highest rate permissible under applicable law. Nothing contained in this paragraph will require the City to incur any expense or take any action hereunder.

8. Inspection. The City may make or cause to be made reasonable entries upon and inspections of the Security; provided, however, that the City will give Owner reasonable notice of inspection.

9. Forbearance by the City Not a Waiver. Any forbearance by the City in exercising any right or remedy will not be a waiver of the exercise of any such right or remedy, nor shall acceptance by City of any payment provided for in the City Note constitute a waiver of the City's right to require prompt payment of any indebtedness secured by this Deed of Trust. The procurement of insurance or the payment of taxes or other liens or charges by the City will not be a waiver of the City's right accelerate the maturity of the indebtedness secured by this Deed of Trust or City's right to require payment of any amounts secured by this Deed of Trust or performance of any covenants secured by this Deed of Trust. 622
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10. Remedies Cumulative. All remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy under this Deed of Trust or any other document, or afforded by law or equity, and may be exercised concurrently, independently, or successively.

11. Hazardous Substances. Owner shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Owner shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property.
"Hazardous Substances" shall mean those substances defined as toxic or hazardous substances or hazardous waste under any Environmental Law, and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. "Environmental Law" shall mean all federal and state of California laws that relate to health, safety or environmental protection.

Owner shall promptly give City written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Owner has actual knowledge. If Owner learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Owner shall promptly take all necessary remedial actions in accordance with Environmental Law.

12. Successors and Assigns Bound. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of the City and Owner subject to the provisions of this Deed of Trust.

13. Joint and Several Liability. All covenants and agreements of Owner shall be joint and several.

14. Notice. Except for any notice required under applicable law to be given in another manner: (a) any notice to Owner provided for in this Deed of Trust will be given by certified mail, addressed to Owner at the address shown in the first paragraph of this Deed of Trust or such other address as Owner may designate by notice to the City as provided herein; and (b) any notice to the City will be given by certified mail, return receipt requested, or express delivery service with a delivery receipt, or personally delivered with a delivery receipt, to City of Belmont, One Twin Pines Lane, Belmont, California 94002, Attn: City Manager, or to such other address as the City may designate by notice to Owner as provided above. Notice shall be effective as of the date received by City as shown on the return receipt. Owner will notify City in writing, at or prior to the time of the occurrence of any Default, of such event and will promptly furnish City with any and all information concerning such event which City may request.

15. Governing Law. This Deed of Trust shall be governed by the laws of the State of California.

16. Severability. In the event that any provision or clause of this Deed of Trust or the Regulatory Agreement conflicts with applicable law, such conflict will not affect other provisions of this 623
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Deed of Trust or the Regulatory Agreement which can be given effect without the conflicting provision, and to this end the provisions of the Deed of Trust and the Regulatory Agreement are declared to be severable.

17. Captions. The captions and headings in this Deed of Trust are for convenience only and are not to be used to interpret or define the provisions hereof.

18. Nondiscrimination. The Owner covenants by and for itself and its successors and assigns that there shall be no discrimination against or segregation of a person or of a group of persons on account of race, color, religion, creed, age, disability, sex, gender, gender identity, gender expression, sexual orientation, marital status, ancestry national origin, familial status, source of income, disability, veteran or military status, or genetic information in the sale, transfer, use, occupancy, tenure or enjoyment of the Property, nor shall the Owner or any person claiming under or through the Owner establish or permit any such practice or practices of discrimination or segregation with reference to the use, occupancy, or transfer of the Property. The foregoing covenant shall run with the land.

19. Nonliability for Negligence, Loss, or Damage. Owner acknowledges, understands and agrees that the relationship between Owner and City is solely that of two separate parties in an arm's length transaction, and that City neither undertakes nor assumes any responsibility for or duty to Owner to select, review, inspect, supervise, pass judgment on, or inform Owner of the quality, adequacy or suitability of the Security or any other matter. City owes no duty of care to protect Owner against negligent, faulty, inadequate or defective building or construction or any condition of the Security and Owner agrees that neither Owner, or Owner's heirs, successors or assigns shall ever claim, have or assert any right or action against City for any loss, damage or other matter arising out of or resulting from any condition of the Security and will hold City harmless from any liability, loss or damage for these things.

20. Indemnity. Owner agrees to defend, indemnify, and hold City and its officers, employees, agents, board members harmless from all losses, damages, liabilities, claims, actions, judgments, costs, and reasonable attorneys' fees that City may incur as a direct or indirect consequence of:
(a) Owner's failure to perform any obligations as and when required by the Regulatory Agreement, the City Note, and this Deed of Trust; or (b) the failure at any time of any of Owner's representations or warranties to be true and correct.

21. Default. The following shall constitute a "Default" under this Deed of Trust:
(a) The filing by Owner of any petition or action for relief under any bankruptcy, reorganization, insolvency or moratorium law, or any other law or laws for the relief of, or relating to, debtors; or
(b) Any action or proceeding (including, without limitation, any judicial or nonjudicial proceeding to foreclose the lien of a junior or senior mortgage or deed of trust) affecting or purporting to affect the Property or this Deed of Trust; or (c) Owner breaches any covenant or agreement or defaults under the terms and conditions of the Regulatory Agreement, the City Note, or this Deed of Trust, including, but not limited to, the covenants to pay, when due, any sums secured by this Deed of Trust. 624
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22. Acceleration; Remedies. Upon Default, the City, prior to acceleration, will mail by express delivery, return receipt requested notice to Owner specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than thirty (30) days from the date the notice is received by Owner as shown on the return receipt, by which such breach is to be cured; and (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Deed of Trust and sale of the Security. The notice will also inform Owner of Owner's right to reinstate after acceleration and the right to bring a court action to assert the nonexistence of default or any other defense of Owner to acceleration and sale. If the breach is not cured on or before the date specified in the notice, the City, at the City's option, may: (a) declare all of the sums secured by this Deed of Trust to be immediately due and payable without further demand and may invoke the power of sale and any other remedies permitted by California law; (b) either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court, and without regard to the adequacy of its security, enter upon the Security and take possession thereof (or any part thereof) and of any of the Security, in its own name or in the name of Trustee, and do any acts which it deems necessary or desirable to preserve the value or marketability of the Property, or part thereof or interest therein, increase the income therefrom or protect the security thereof. The entering upon and taking possession of the Security shall not cure or waive any breach hereunder or invalidate any act done in response to such breach and, notwithstanding the continuance in possession of the Security, the City shall be entitled to exercise every right provided for in this Deed of Trust, or by law upon occurrence of any uncured breach, including the right to exercise the power of sale; (c) commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of the covenants hereof; (d) deliver to Trustee a written declaration of default and demand for sale, pursuant to the provisions for notice of sale found at California Civil Code Sections 2924 et seq., as amended from time to time; or (e) exercise all other rights and remedies provided herein, in the instruments by which the Owner acquires title to any Security, or in any other document or agreement now or hereafter evidencing, creating or securing all or any portion of the obligations secured hereby, or provided by law.

The City shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this paragraph, including, but not limited to, reasonable attorneys' fees.

23. Owner's Right to Reinstate. Notwithstanding the City's acceleration of the sums secured by this Deed of Trust, Owner will have the right to have any proceedings begun by the City to enforce this Deed of Trust discontinued at any time prior to five (5) days before sale of the Security pursuant to the power of sale contained in this Deed of Trust or at any time prior to entry of a judgment enforcing this Deed of Trust if: (a) Owner pays City all sums which would be then due under this Deed of Trust and Owner cures all breaches of any other covenants or agreements of Owner contained in the Regulatory Agreement or this Deed of Trust; (b) Owner pays all reasonable expenses incurred by City and Trustee in enforcing the covenants and agreements of Owner contained in the Regulatory Agreement or this Deed of Trust, and in enforcing the City's and Trustee's remedies, including, but not limited to, reasonable attorneys' fees; and (c) Owner takes such action as City may reasonably require to assure that the lien of this Deed of Trust, City's interest in the Security and Owner's obligation to perform the obligations and pay the sums secured by this Deed of Trust shall continue unimpaired. Upon such payment and cure by Owner, this Deed of Trust and the obligations secured hereby will remain in full force and effect as if no acceleration had occurred.

24. Due on Transfer of the Property. Upon a Transfer, [excluding a Permitted Transfer (as defined in the Regulatory Agreement)] of the Property or any interest in it, the City shall require immediate payment in full of all sums secured by this Deed of Trust.

25. Reconveyance. Upon payment of all sums secured by this Deed of Trust and following the expiration of the Term of the Regulatory Agreement, City will request Trustee to reconvey the 625
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Security and will surrender this Deed of Trust, the City Note, and the Regulatory Agreement to Trustee.

Trustee will reconvey the Security without warranty and without charge to the person or persons legally entitled thereto. Such person or persons will pay all costs of recordation, if any.

26. Substitute Trustee. The City, at the City's option, may from time to time remove Trustee and appoint a successor trustee to any Trustee appointed hereunder. The successor trustee will succeed to all the title, power and duties conferred upon the Trustee herein and by applicable law.

27. Request for Notice. Owner requests that copies of the notice of default and notice of sale be sent to Owner at the address set forth in Section 14 above. [Remainder of Page Intentionally Blank]
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IN WITNESS WHEREOF, Owner has executed this Deed of Trust as of the date first written above.

KAINOS HOME & TRAINING CENTER FOR THE
DEVELOPMENTALLY DISABLED, a California
nonprofit public benefit corporation
By: _____________________________
Name: _____________________________
Title: _____________________________
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STATE OF CALIFORNIA )
)
COUNTY OF __________________ )
On ____________________, before me, ___________________________, Notary Public, personally appeared ______________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
_________________________________________
Name: _________________________________
Name: Notary Public
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 628
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EXHIBIT A
Legal Description of the Property
For APN/Parcel ID(s): 044-222-140

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF BELMONT, COUNTY OF SAN MATEO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

LOT 5, AS DELINEATED UPON THAT CERTAIN MAP ENTITLED "SWIFTS SUBDIVISION OF LOT NO. 13 AND A PORTION OF LOT 13, MEZES RANCH, NEAR BELMONT, SAN MATEO COUNTY, CALIFORNIA", FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA, ON FEBRUARY 15TH, 1897 IN BOOK "A" OF MAPS, AT PAGE 57, AND COPIED INTO BOOK 2 OF MAPS, AT PAGE 86.

EXCEPTING THEREFROM THE NORTHEASTERLY PORTION OF SAID LOT DESCRIBED IN DEED TO THE STATE OF CALIFORNIA FOR HIGHWAY PURPOSES, DATED AUGUST 22, 1934 AND RECORDED SEPTEMBER 12, 1932, IN BOOK 632, AT PAGE 184, OF OFFICIAL RECORDS.

J.P.N. 044-022-222-14a
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City of Belmont
Belmont City Hall
One Twin Pines Lane
Belmont, California 94002
Attn: City Manager

No fee for recording pursuant to (Space above for Recorder's Use) Government Code Section 27383 and 27388.1

REGULATORY AGREEMENT

AND DECLARATION OF RESTRICTIVE COVENANTS
(730 El Camino)
This Regulatory Agreement and Declaration of Restrictive Covenants (the "Agreement") is entered into as of [___________] (the "Effective Date"), by and between the City of Belmont, as the housing successor to the former Redevelopment Agency of the City of Belmont (the "City") and Kainos Home & Training Center for the Developmentally Disabled, a California nonprofit public benefit corporation (the "Owner"). Together, the City and the Owner may collectively be referred to as the "Parties," and each individual, a "Party."

RECITALS
A. The City is the Successor Agency to the former Redevelopment Agency of the City of Belmont ("RDA"), including its Housing Successor obligations.

B. Owner is purchasing from the City that certain property located at 730 El Camino Real in Belmont, California and improvements thereon (the "Property"), as more particularly described on Exhibit A hereto and incorporated herein by this reference. The Property was acquired by the former RDA. Owner has agreed to execute and comply with this Agreement in consideration of the City's agreement to sell the Property to Owner at a purchase price below the fair market value of the Property.

C. Owner is a California nonprofit public benefit corporation that provides congregate care and residential support services in a supported living facility for adults with developmental and intellectual disabilities and previously leased the Property from the City. The Property includes a single-family home (the "Project"), which contains seven (7) rooms occupied or held for use by developmentally disabled individuals who are low-income households.

D. As a condition of the sale of the Property to the Owner, the Owner and City are entering into this Agreement to set forth certain requirements, including (1) to restrict the Attachment 1 Exhibit D
DRAFT
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permitted use of the property to congregate or residential supported living, group home care or nursing care, (2) to restrict the occupancy of the property to lower-income households at affordable rents, with a preference for serving extremely low income households and/or individuals with special service needs, (3) to require certain resale restrictions and payment of excess proceeds to the City, and (4) to grant an option to purchase to the City at a restricted price, given in consideration of the economic benefits to the Owner resulting from purchase of the Property at a below-market price, among other terms and conditions.

E. This Agreement is accompanied by a promissory note from the Owner to the City (the "City Note") pursuant to which the Owner agrees to pay any amounts due under the Resale Restriction to the City. This Agreement and the accompanying City Note shall be secured by a deed of trust on the Property (the "City Deed of Trust").

NOW, THEREFORE, in consideration of the benefits received by the Owner and the City hereunder, the Owner and the City agree, as follows:

Section 1. Definitions.

The following defined terms have the meanings set forth in this Section. The Recitals and Exhibits to this Agreement are hereby incorporated by this reference. "Affordable Rent" means the affordable rent as set forth in HSC Section 50053, and shall provide an allowance for utilities and maintenance costs established by HCD. Affordable Rent for Lower Income Households shall not exceed thirty percent (30%) of sixty percent (60%) of AMI for a household size appropriate to the unit. Affordable Rent for Extremely Low Income Households shall not exceed thirty percent (30%) of thirty percent (30%) of AMI for a household size appropriate to the unit.
"Affordable Unit" means each of the seven (7) residential rooms within the Project that are reserved for occupancy by Lower Income Households.
"AMI" means the median family income (adjusted for household size) for San Mateo County promulgated and published annually by HCD pursuant to Title 25, Section 6932 of the California Code of Regulations. If HCD ceases to annually publish median incomes, the City shall provide Owner with other income determinations that are reasonably similar with respect to methods of calculation to those previously published by HCD. "Default" means the failure of a Party to perform any action or covenant required by this Agreement within the time periods provided hereunder following notice and opportunity to cure. "Designee" means a person which the City has designated to exercise its option to purchase the Property.
"Developmentally Disabled Household" means a household which includes a person with a developmental disability as defined in Welfare and Institutions Code Section 4512 (or successor statute), or persons eligible for services provided under the Lanterman Developmental Disabilities Act (Welfare and Institutions Code, Section 4500 et seq.). 631
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"Extremely Low Income Household" means a person or household with an income which does not exceed the extremely low income limits applicable to San Mateo County, adjusted for household size, as published and periodically updated by HCD pursuant to HSC Section 50106. "Governmental Requirements" means all laws, ordinances, statutes, codes, rules, regulations, orders and decrees, of the United States, the State of California, the County of San Mateo, the City, and any other political subdivision, agency, instrumentality, or other entity exercising jurisdiction over Owner or the Property.
"HCD" means the California Department of Housing and Community Development. "HSC" means the California Health and Safety Code, as may be amended or modified from time to time, or successor statute.
"Index" means the Consumer Price Index for All Urban Consumers for the San Francisco-Oakland-San Jose area, published by the United States Department of Labor, Bureau of Labor Statistics, or replacement index as authorized by the City. "Lower Income Household" means a person or household with an income which does not exceed the lower income limits applicable to San Mateo County, adjusted for household size, as published and periodically updated by HCD pursuant to HSC Section 50079.5. "Permitted Transfer" means a Transfer to (i) a reputable nonprofit public benefit corporation recognized as a tax-exempt organization by the Internal Revenue Service under Section 501(c)(3) of the Internal Revenue Code with a demonstrated record of successfully operating projects like the Property (including affordable housing and/or congregate care/residential services), or (ii) a transferee consented to by the City in its sole and absolute discretion, and which transferee, in each case (i) and (ii), agrees to comply with the terms of this Agreement and is willing to execute and record, where applicable, all City documents restricting future resale of the Property, including, but not limited to, a promissory note and performance deed of trust.
"Purchase Option" means a right to purchase all of Owner's right, title, and interest in and to the Property for the amount set forth in Section 15. "Resale Restriction" means that proceeds of a Transfer of the Property shall be distributed to the City in an amount equal to $2,170,000 (which has been determined to be the fair market value of the Property as of the Effective Date) less the actual cost of property repairs and capital improvements performed by the Owner that exceed an annual allowance for property repairs of $10,000 per year beginning in fiscal year 2026, as adjusted by the Index. The order of priority of distribution of proceeds of a Transfer shall be (1) first to the Owner, who may recover for the actual cost of property repairs and capital improvements performed by the Owner ("Owner Improvements") that exceed an annual allowance for property repairs of $10,000 per year beginning in fiscal year 2026, as adjusted by the Index; (2) then to the City, who will receive the amount due under this Resale Restriction; and (3) then to the Owner, who will receive any residual amount of proceeds from the Transfer. Exhibit B hereto provides an illustrative example of how the repayment calculation would be performed with respect to Owner Improvements if 632
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this provision were to apply in a future year. For avoidance of doubt, the adjustment set forth in the Index shall apply only to the Improvement Allowance as described in Exhibit B and the calculations for Net Owner Improvement Expenditures derived therefrom. For further avoidance of doubt, all proceeds of a Transfer in excess of the amount to be distributed to the City as set forth in the first sentence of this definition shall be distributed to the Owner, including appreciation of the value of the Property after acquisition by the Owner, to the extent available.

The amount due to the City under the Resale Restriction shall be evidenced by the City Note and secured by the City Deed of Trust.
"Term" means the period commencing on the Effective Date and continuing for fifty-five (55) years after the recordation date of this Agreement in the Official Records of San Mateo County, unless earlier terminated on the terms and conditions herein. "Transfer" means any voluntary or involuntary sale, assignment or transfer of ownership of or any interest in the Property, including a fee simple interest, tenancy in common, joint tenancy, community property, tenancy by the entireties, life estate, or other limited estate, partnership interest, leasehold interest, security interest, or any rental of the Project, or any interest evidenced by a land contract by which possession of the Property is transferred and Owner retains title, or a deed of trust. "Transfer" shall not include leases for Affordable Units in accordance with the terms of this Agreement.

Section 2. Use of Property. Owner covenants and agrees for itself, its successors, assigns, and every successor in interest to Owner's interest in the Property or any part thereof, that Owner shall devote the Property to the uses specified in this Agreement at all times during the Term of this Agreement. The use of the Property is restricted to the operation of congregate residential living or residential care facility or nursing care as defined in Belmont Municipal Code Section 2.100.1 and shall be subject to the terms and conditions set forth in this Agreement.

Section 3. Affordable Units. Owner shall provide for the Affordable Units as follows:
(a) Provision of Affordable Units. Owner shall make available, restrict occupancy to, and rent the Affordable Units in the Project to Lower Income Households at an Affordable Rent throughout the Term. Owner may restrict the maximum income level and rents of tenants of any of the Affordable Units to lower levels than the foregoing. The location of the Affordable Units within the Project may be changed from time to time in the discretion of the Owner.

(b) Target Population. To the extent permitted by law, including applicable state and federal fair housing law, the Owner shall give a preference to Developmentally Disabled Households and Extremely Low-Income Households.
(c) Selection of Tenants. Owner shall be responsible for the selection of tenants for the Affordable Units in compliance with all lawful and reasonable criteria and fair housing laws.

The Parties acknowledge and agree that due to the nature of the tenant population being served and the need to find tenants who will be good candidates for the services to be provided at the 633
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Project, the selection of tenants of the Affordable Units will require Owner to conduct extensive professional evaluation of each potential tenant's ability to successfully live independently in an Affordable Unit and to successfully participate in the Owner's services program. The criteria used in evaluation of potential tenants may include, without limitation, the presence of nearby family or other persons who will be able to provide assistance and support to such tenants. The Parties further acknowledge that Owner cannot select tenants based upon a random lottery, firstcome first-served basis, or system other than the foregoing. The Owner shall accept as tenants, on the same basis as all other prospective tenants, persons who are recipients of federal certificates for rent subsidies pursuant to the existing housing program under Section 8 of the United States Housing Act, or its successor, or similar programs. The Owner shall not apply selection criteria to holders of Section 8 certificate or similar certificates or vouchers that is more burdensome than criteria applied to all other prospective tenants, nor shall the Owner apply or permit the application of management policies or lease provisions with respect to the Project which have the effect of precluding occupancy of units by such prospective tenants.

(d) Occupancy By Lower Income Household Tenants. An Affordable Unit occupied by a Lower Income Household who qualified as a Lower Income Household at the commencement of the occupancy shall be treated as occupied by a Lower Income Household.

An Affordable Unit previously occupied by a Lower Income Household and then vacated shall be considered occupied by a Lower Income Household until the Affordable Unit is reoccupied, provided Owner uses its best efforts to re-lease the vacant Affordable Unit to another Lower Income Household. Any vacated Affordable Unit shall be held vacant until re-leased to a Lower Income Household.
(e) Initial Income Computation and Certification. Prior to a tenant's occupancy of an Affordable Unit, Owner shall obtain an income computation and certification from the proposed tenant. Copies of tenant income certifications shall be available to City upon request. Owner shall maintain in its records each Income Computation and Certification Form obtained pursuant to this section for a minimum of five (5) years.
(f) Annual Income Recertification. Owner shall annually recertify the income of each Lower Income Household tenant by obtaining a completed income computation and certification from the tenant.
(g) Increase in Tenant Income. If, after renting an Affordable Unit, the tenant's household income increases above the income level permitted for a Lower Income Household, that household may be permitted to remain so long as they were initially qualified as a Lower Income Household.
(h) Annual Certification. During the Term, on or before each September 1 of each year, Owner shall annually advise City of the occupancy of the Project during the preceding calendar year by delivering a report in a form reasonably acceptable to the City stating the Affordable Units of the Project which have been rented to and are occupied by Developmentally Disabled Households and Lower Income Households.
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(i) Monitoring and Record Keeping. Representatives of City shall be entitled, upon not less than forty-eight (48) hours' notice, to inspect the records of the Property with respect to tenant income and rents paid, and to conduct an independent audit or inspection of such records, in order to monitor compliance with this Agreement. Owner agrees to cooperate with City in making such records available for such inspection or audit. Owner agrees to maintain records in a businesslike manner, and to maintain copies of original tenant certifications for five (5) years. (j) Remedy For Violation of Rental Requirements. It shall constitute a default for Owner to charge or accept for any Affordable Unit rent amounts in excess of the amount provided for in Section 3 of this Agreement. In the event that Owner charges or receives such higher rental amounts, Owner shall be required to reimburse the tenant that occupied such Affordable Unit at the time the excess rent was received for the entire amount of such excess rent received, provided that such tenant can be found following reasonable inquiry. (k) Residential Use. No portion of the Project will at any time be utilized on a transient basis or will ever be used as a hotel, motel, dormitory, fraternity house, sorority house, rooming house, hospital, or trailer court or park.

Section 4. Payment of Taxes and Assessments. Owner shall pay prior to delinquency all ad valorem real estate taxes, special taxes, assessments and special assessments levied against the Property, subject to Owner's right to apply for and receive applicable tax exemptions and to contest any such tax in good faith.

Section 5. Maintenance. Owner shall maintain the Property and all interior and exterior improvements thereon, including landscaping, in good condition (and as to landscaping, in a healthy condition), normal wear and tear expected, free of debris, waste and graffiti, in compliance with all applicable provisions of the Belmont Municipal Code, and in accordance with the custom and practice generally applicable to comparable high quality, well-managed apartment complexes. The Owner shall promptly address all health and safety issues.

Section 6. Insurance. The Owner shall maintain a standard all risk property insurance policy equal to the replacement value of the Property (adjusted every five (5) years by appraisal, if requested by City), naming the City as an additional insured. Additional insurance requirements are set forth in Section 5 of the City Deed of Trust. The Owner shall provide the City with evidence of required insurance coverage upon request of the City.

Section 7. Social Services. Owner shall make available and/or provide a variety of services at the Project which are appropriate for the tenant population and designed to foster independent living. Owner shall provide notice to the City for any change in operator or service provider to the Project.

Section 8. Nondiscrimination. Owner covenants by and for itself and any successors in interest that there shall be no discrimination against or segregation of any person, or group of persons on any basis set forth in Section 12955 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the Property, or any part thereof, nor shall Owner, or any person claiming under or through Owner, establish or permit any such 635
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practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, subtenants, sublessees, or vendees of the Property, or any part thereof. The foregoing covenants shall run with the land.

Section 9. Compliance With Laws. Owner shall comply with all Governmental Requirements applicable to the Project and the Property.

Section 10. Transfer.
(a) Consent of City Required. Other than for a Permitted Transfer, all Transfers require the prior written consent of the City, in its sole and absolute discretion, during the Term of this Agreement. Any attempt by the Owner to make a Transfer of title to or any interest in the Property in violation of this Agreement shall be void.
(b) Process. For any type of Transfer, the Owner will submit a written request to the City at least ninety (90) days prior to the intended Transfer date if it desires to Transfer the Property. Owner will promptly provide any information reasonably requested by the City. Other than a Permitted Transfer, any Transfer must be for fair market value (as determined by appraisal approved by the City in its sole and absolute discretion), and the sales proceeds of such Transfer are subject to the Resale Restriction set forth in Section 11. If a Transfer is permitted by the City and the Resale Restriction is satisfied, upon closing of the purchase and sale of the Property and receipt by City of the proceeds under the Resale Restriction, this Agreement shall terminate. For the avoidance of doubt, this Agreement, including the Resale Restriction, will continue in full force and effect in the event of a Permitted Transfer, which is not subject to the Resale Restriction. The transferee under a Permitted Transfer must agree to comply with the terms of this Agreement and execute an assignment and assumption agreement of this Agreement and execute and record all City documents restricting future resale of the Property in accordance with the terms of this Agreement, including, but not limited to, a promissory note and performance deed of trust, which shall replace similar documents executed by Owner as provided for herein.

Any Transfer without satisfaction of the conditions of this Agreement is prohibited.

Section 11. Resale Restriction.

Other than for a Permitted Transfer, the sales proceeds (if any) that the Owner shall receive for any type of Transfer of the Property shall be determined in accordance with the Resale Restriction. The City shall calculate the portion (or all) of the purchase price due to the City under the Resale Restriction, and the residual amount of the purchase price proceeds due to Owner, if any. The Owner shall cooperate and provide all necessary documentation in connection therewith. An example of how the Resale Restriction and purchase price is to be calculated is attached hereto as Exhibit B.

Section 12. Capital Improvements.

The Owner shall report to the City any capital improvement made to the Property that costs in excess of $10,000 per year beginning in fiscal year 2026, as adjusted by the Index, in 636
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order for the City to document changes to the Project. The Owner is responsible for obtaining any permits and approvals for any capital improvements.

Section 13. Further Encumbrance for Capital Improvements.

With prior written notice to the City, the Owner may mortgage or refinance the Property to finance a capital improvement. Owner acknowledges that violation of the provisions of this Section shall constitute a Default under this Agreement. Any subordination agreement to be executed by the City shall include notice and cure rights for the City regarding any defaults in the mortgage to which the City is subordinating.

Section 14. Defaults and Remedies.

Upon a violation of any of the provisions of this Agreement by the Owner, the City shall give written notice to the Owner specifying the nature of the violation. If the violation is not corrected to the satisfaction of the City within a reasonable period of time, not longer than thirty (30) days after the date the notice is given, or within such time as the City determines is necessary to correct the violation in its sole discretion, the City may declare a default under this Agreement. If the default is not cured within the time period set forth in the notice given to the Owner, the City may apply to a court of competent jurisdiction for specific performance of this Agreement, for an injunction prohibiting a proposed Transfer in violation of this Agreement, for a declaration that a Transfer in violation of this Agreement is void, or for any such other relief at law or in equity as may be appropriate.

Section 15. Purchase Option upon Default.

In addition to the other remedies provided to the City under this Agreement and subject to the notice and right to cure provisions of this Section as set forth below, upon the occurrence of a Default, in consideration of the economic benefits received by the Owner resulting from purchase and ownership of the Property at a purchase price below fair market value, Owner hereby grants to the City the Purchase Option to purchase the Property for an amount equal to the lesser of (1) fair market value or (2) $1.00, which is the purchase price paid by the Owner to the City for the Property, plus the amount any capital improvements made by the Owner as described in Section 12. The City may, instead of purchasing the Property itself, assign its right to a person who meets the criteria established by the City or to a Designee. The City shall give the Owner written notice of any designation of a Designee.

The Purchase Option may be exercised upon a default under this Agreement or upon default under any promissory note, deed of trust or any other lien, including a judgment lien, recorded against the Property. Notwithstanding any other provision of this Agreement, prior to declaring that it intends to invoke the Purchase Option, the City shall provide written notice of the default and its intent to invoke the Purchase Option, and provide the Owner with a right to cure such default within a reasonable period of time of sixty (60) days if the default can be reasonably cured within such period. In the event the Owner has taken appropriate steps to commence curing the default during this period, but curing such default reasonably requires 637
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additional time, the City shall provide such longer period of time to cure, not to exceed six (6) months.

If the default remains uncured after the notice and cure period, the City shall have thirty (30) days after conclusion of the notice and cure period to declare it intends to exercise its Purchase Option, which shall be done in a writing to the Owner, with a closing date within ninety (90) days of delivery of its decision to the Owner.

Section 16. Default and Foreclosure.

A request for notice of default and any notice of sale under any deed of trust or mortgage with power of sale encumbering the Property shall be recorded by the City. Any notice of default given pursuant to Civil Code Section 2924b, as amended, shall constitute an Owner's notice of intent to Transfer under this Agreement, and the City may exercise its Purchase Option pursuant to the provisions of this Agreement.

The Owner shall give the City notice of any default under any deed of trust or mortgage with power of sale encumbering the Property. Said notice shall be given in writing within three (3) days of the date that the Owner receives a notice of default.

The City shall have the right to cure any defaults prior to foreclosure sale. Nothing herein shall be construed as creating any obligation on the part of the City to cure any such default, nor shall this right to cure operate to extend any time limitations in the default provisions of the underlying deed of trust or mortgage.

In the event the City elects not to exercise its Purchase Option, and a foreclosure sale is consummated, any sale proceeds shall be calculated in accordance with the Resale Restriction, notwithstanding the provisions of this Agreement, and such amount paid to the City.

Section 17. Nonliability of the City; Indemnity.
(a) No Obligation to Exercise Option. The City shall have no obligation to exercise any option granted it under this Agreement. In no event shall the City become in any way liable or obligated to the Owner or any successor-in-interest to the Owner by reason of its Purchase Option nor shall the City be in any way obligated or liable to the Owner or any successor-in-interest to the Owner for any failure to exercise its Purchase Option. (b) Nonliability for Negligence, Loss, or Damage. Owner acknowledges, understands and agrees that the relationship between Owner and the City is solely that of an owner and an administrator of a City, and that the City does not undertake or assume any responsibility for or duty to Owner to select, review, inspect, supervise, pass judgment on, or inform Owner of the quality, adequacy or suitability of the Property or any other matter. The City owes no duty of care to protect Owner against negligent, faulty, inadequate or defective building or construction or any condition of the Property and Owner agrees that neither Owner, or Owner's heirs, successors or assigns shall ever claim, have or assert any right or action against 638
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the City for any loss, damage or other matter arising out of or resulting from any condition of the Property and will hold the City harmless from any liability, loss or damage for these things. (c) Indemnity. Owner will indemnify and hold harmless the City and its elected officials, officers, employees, and agents in their official capacities (hereinafter collectively referred to as "Indemnitees"), and any of them, from and against all loss, all risk of loss and all damage (including expense) sustained or incurred because of or by reason of any and all claims, demands, suits, actions, judgments and executions for damages of any and every kind and by whomever and whenever made or obtained, allegedly caused by, arising out of or relating in any manner to the Property or Owner's performance or non-performance under this Agreement, including claims pursuant to Labor Code Section 1720 et seq., and shall protect and defend Indemnitees, and any of them with respect thereto, except to the extent arising from the gross negligence or willful misconduct of the City. The provisions of this Section shall survive expiration or other termination of this Agreement or any release of part or all of the Property from the burdens of this Agreement, and the provisions of this Section shall remain in full force and effect.

Section 18. Restrictions on Foreclosure Proceeds. If a creditor acquires title to the Property through a deed in lieu of foreclosure, a trustee's deed upon sale, or otherwise, the Owner shall not be entitled to the proceeds of sale to the extent that such proceeds otherwise payable to the Owner when added to the proceeds paid or credited to the creditor exceed the amount the Owner would be due under the Resale Restriction. The City shall instruct the holder of such excess proceeds to pay such proceeds to the City in consideration of the benefits received by the Owner as described herein.

Section 19. Restriction on Insurance Proceeds. If the Property is damaged or destroyed and the Owner elects not to rebuild or repair the Property, the Owner shall pay the City the portion of any insurance proceeds received by the Owner for such destruction or damage which is in excess of the amount the Owner would be due under the Resale Restriction.

Section 20. City is a Beneficiary of Agreement. The City is deemed the beneficiary of the terms and provisions of this Agreement and of the covenants running with the land, without regard to whether the City has been, remains or is an owner of any land or interest therein in the Property or in the Project. The City shall have the right, if this Agreement or any of the covenants herein are breached, to exercise all rights and remedies as set forth herein. The covenants contained in this Agreement shall remain in effect until the expiration of the Term.

Section 21. Rights and Remedies Are Cumulative. Except as otherwise expressly stated in this Agreement, the rights and remedies of the Parties are cumulative, and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same Default or any other Default by the other Party.

Section 22. Attorney Fees and Costs. If any action is brought to enforce the terms of this agreement, the prevailing party shall be entitled to reasonable attorney's fees and cost. 639
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Section 23. Controlling Agreement. The Owner covenants that the Owner has not and will not execute any other agreement with provisions contradictory to or in opposition to the provisions hereof, and that in any event, the Owner understands and agrees that this Agreement shall control the rights and obligations between and among the parties.

Section 24. Controlling Law. The terms of this Agreement shall be interpreted under the laws of the State of California. The venue for any legal action pertaining to this Agreement shall be San Mateo County, California.

Section 25. Severability. If any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such provision or provisions shall be deemed severable from the remaining provisions contained in this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision(s) had never been contained herein.

Section 26. No Waiver. No delay or omission in the exercise of any right or remedy of City upon any default by Owner shall impair such right or remedy or be construed as a waiver.

The City's failure to insist in any one or more instance upon the strict observance of the terms of this Agreement shall not be considered a waiver of the City's right thereafter to enforce the provisions of the Agreement. The City shall not waive its rights to enforce any provision of this Agreement unless it does so in writing, signed by an authorized agent of the City.

Section 27. Time of the Essence. Time is of the essence of this entire Agreement.

Whenever under the terms of this Agreement the time for performance falls on a day which is not a business day, such time for performance shall be on the next day that is not a business day.

Section 28. Notices. All notices required herein shall be sent by certified mail, return receipt requested or express delivery service with a delivery receipt and shall be deemed to be effective as of the date received or the date delivery was refused as indicated on the return receipt as follows:

To the Owner:
[_____________]
[_____________]
[_____________]
To the City:

City of Belmont
Belmont City Hall
One Twin Pines Lane
Belmont, California 94002
Attn: City Manager
With copy to:
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City Attorney
City of Belmont
Belmont City Hall
One Twin Pines Lane
Belmont, California 94002
The parties may subsequently change addresses by providing written notice of the change in address to the other parties in accordance with this Section.

Section 29. Captions and Pronouns. The captions and headings of the various Sections of this Agreement are for convenience only, and are not to be construed as confining or limiting in any way the scope or intent of the provisions hereof. Whenever the context requires or permits, the singular shall include the plural, the plural shall include the singular, and masculine, feminine and neuter shall be freely interchangeable.

Section 30. Running of Benefits and Burdens. All provisions of this Agreement, including the benefits and burdens, run with the land described in Exhibit A and are binding upon the heirs, successors, assigns and personal representatives of the parties hereto and inure to the benefit of the heirs, personal representatives and permitted successors and assigns of the parties hereto. Each and every contract, deed, lease or other instrument covering, conveying or otherwise transferring the Property or any interest therein, as the case may be, shall conclusively be held to have been executed, delivered and accepted subject to this Agreement regardless of whether the other party or parties to such contract have actual knowledge of this Agreement.

Section 31. Rights of Beneficiaries under Deeds of Trusts. This Agreement shall not diminish or affect the rights of the City under the City Deed of Trust.

Section 32. Modifications. Any alteration, change or modification of or to this Agreement, to become effective, shall be made in writing and in each instance signed on behalf of each Party.

Section 33. Legal Advice. Each Party represents and warrants to the other the following: they have carefully read this Agreement, and in signing this Agreement, they do so with full knowledge of any right which they may have; they have received independent legal advice from their respective legal counsel as to the matters set forth in this Agreement, or have knowingly chosen not to consult legal counsel as to the matters set forth in this Agreement, and they have freely signed this Agreement without any reliance upon any agreement, promise, statement or representation by or on behalf of the other Party, or their respective agents, employees, or attorneys, except as specifically set forth in this Agreement, and without duress or coercion, whether economic or otherwise.

Section 34. Owner's Acknowledgment of Resale Restriction Owner acknowledges and agrees that:
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(a) This Agreement places certain restrictions and limits the price for which Owner may sell the Property. Owner may not enjoy the same economic or other benefits from owning the Property that Owner would enjoy if this Agreement did not exist. (b) Absent the provisions of this Agreement, the Property could not be made available at an affordable price and for the purposes set forth herein, including to Owner. (c) Owner understands all of the provisions of this Agreement. Owner agrees to the provisions of this Agreement with the understanding that this Agreement will remain in full force and effect as to the Property throughout the Term of this Agreement. (d) OWNER UNDERSTANDS THAT THE DETERMINATION OF THE SALE

PRICE AND DISTRIBUTIONS OF SALE PROCEEDS UNDER THE RESALE

RESTRICTION OF THE PROPERTY CAN BE MADE ONLY AT THE TIME OF THE

PROPOSED TRANSFER, TAKING INTO CONSIDERATION CHANGES IN AREA

MEDIAN INCOME, PROPERTY TAXES, INTEREST RATES, AND MANY OTHER

FACTORS WHICH CANNOT BE ACCURATELY PREDICTED, AND THAT THE SALES

PRICE MAY NOT INCREASE OR DECREASE IN THE SAME MANNER AS OTHER SIMILAR PROPERTY WHICH IS NOT ENCUMBERED BY THIS AGREEMENT. OWNER

FURTHER ACKNOWLEDGES THAT IN SETTING THE SALES PRICE AND THE RESALE

RESTRICTION OF THE PROPERTY, THE PRIMARY OBJECTIVE OF THE CITY AND THIS AGREEMENT IS TO PROVIDE AFFORDABLE HOUSING. THE SALES PROCEDS

DUE TO OWNER AS CALCULATED PURSUANT TO THE RESALE RESTRICTION WILL

ALMOST CERTAINLY BE LESS THAN THAT OF OTHER SIMILAR PROPERTIES THAT HAVE NO RESTRICTIONS.
________ ______
Initialed by Owner(s)
[Remainder of Page Intentionally Blank]
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date.

CITY:

CITY OF BELMONT, a municipal corporation
By: _____________________________
Name: Afshin Oskoui
Title: _____________________________
ATTEST:

By: ____________________________
Jozi Plut, City Clerk
Dated: ____________________________
APPROVED AS TO FORM:

By: ____________________________
Scott Rennie, City Attorney
Dated: ____________________________
OWNER:

KAINOS HOME & TRAINING CENTER FOR THE
DEVELOPMENTALLY DISABLED, a California
nonprofit public benefit corporation
By: _____________________________
Name: _____________________________
Title: _____________________________
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STATE OF CALIFORNIA )
)
COUNTY OF __________________ )
On ____________________, before me, ___________________________, Notary Public, personally appeared ______________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
______________________________________
Name: ______________________________
Notary Public
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 644
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STATE OF CALIFORNIA )
)
COUNTY OF __________________ )
On ____________________, before me, ___________________________, Notary Public, personally appeared ______________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
______________________________________
Name: ______________________________
Notary Public
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 645
1750\40\4108537.8

EXHIBIT A
Property Description
For APN/Parcel ID(s): 044-222-140

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF BELMONT, COUNTY OF SAN MATEO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

LOT 5, AS DELINEATED UPON THAT CERTAIN MAP ENTITLED "SWIFTS SUBDIVISION OF LOT NO. 13 AND A PORTION OF LOT 13, MEZES RANCH, NEAR BELMONT, SAN MATEO COUNTY, CALIFORNIA", FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA, ON FEBRUARY 15TH, 1897 IN BOOK "A" OF MAPS, AT PAGE 57, AND COPIED INTO BOOK 2 OF MAPS, AT PAGE 86.

EXCEPTING THEREFROM THE NORTHEASTERLY PORTION OF SAID LOT DESCRIBED IN DEED TO THE STATE OF CALIFORNIA FOR HIGHWAY PURPOSES, DATED AUGUST 22, 1934 AND RECORDED SEPTEMBER 12, 1932, IN BOOK 632, AT PAGE 184, OF OFFICIAL RECORDS.

J.P.N. 044-022-222-14a
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EXHIBIT B
Sample Calculation of Resale Restriction
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NOTICE TO OWNER: THIS DOCUMENT CONTAINS PROVISIONS
RESTRICTING RESALES AND ASSUMPTIONS.

CITY OF BELMONT

PROMISSORY NOTE
Secured by Deed of Trust
City of Belmont, California
Resale Restriction Amount [Date]
FOR VALUE RECEIVED, the undersigned, Kainos Home & Training Center for the Developmentally Disabled, a California nonprofit public benefit corporation (the "Owner") promises to pay to the City of Belmont (the "City"), at One Twin Pines Lane, Belmont, California 94002, Attn: City Manager, or such other place as the City may designate in writing, any amounts due to the City under the Resale Restriction as provided in that certain Regulatory Agreement and Declaration of Restrictive Covenants executed by and between the Owner and the City of even date herewith (the "Regulatory Agreement").

1. Purpose of Note. Owner is purchasing from the City that certain property located at 730 El Camino Real, Belmont, California 94002 (the "Property"). Because the purchase price has been set below the fair market value, the Owner is required and has agreed to execute the Regulatory Agreement, which restricts the price of the Property upon resale, and which requires the Owner to pay any amount due under the Resale Restriction to the City. This City of Belmont Promissory Note (this "City Note") evidences the obligation of the Owner to pay any amounts due under the Resale Restriction to the City as provided in the Regulatory Agreement.

2. Definitions. The capitalized terms set forth but not defined in this City Note shall have the same meanings as in the Regulatory Agreement.

3. Security. This City Note is secured by a deed of trust dated the same date as this City Note (the "City Deed of Trust"). Owner and City have also executed the Regulatory Agreement. Owner acknowledges that this City Note is given in connection with the Owner’s purchase of the Property at a below fair market value in consideration of the promises and obligations given by Owner to City and contained in the Regulatory Agreement. Said property, including both the real property and all improvements now or hereafter erected on the property, and all easements, rights, appurtenances, and all fixtures now or hereafter attached to the property, shall be referred to in this City Note as the Property.

4. Term. The term of this City Note shall be the same as the Term of the Resale Restriction.

This Note shall be deemed terminated and of no further force or effect upon termination of the Resale Restriction in accordance with the provisions of the Regulatory Agreement.

5. Payment. Any Resale Restriction amount owed under this City Note or the Regulatory Agreement shall immediately become due and payable: (a) in the event of a Default by the Owner under this City Note, the Regulatory Agreement, or the City Deed of Trust; or (b) on the date Transfer, other than a Permitted Transfer, is made whether voluntarily, involuntarily, or by operation of law and whether by deed, contract of sale, gift, devise, bequest or otherwise. Failure to declare such amounts due shall not constitute a waiver on the part of the City to declare them due in the event of a subsequent Transfer.

Atttachment 1 Exhibit E
DRAFT
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6. No Assumption of City Note by Subsequent Buyers. Owner acknowledges that this City Note is given in connection with the purchase of the Property as part of an effort by the City to assist in the development and preservation of affordable housing and housing for developmentally disabled individuals. Consequently, this City Note is not assumable by subsequent purchasers nor by the successors and assigns of the Owner.

7. Prepayments. The City Deed of Trust shall remain on the Property to secure payment of the amounts due under the Resale Restriction, and to secure performance of the Regulatory Agreement, and thus this City Note cannot be prepaid. Notwithstanding the foregoing, the City Note shall be terminated concurrently with the termination of the Resale Restriction as set forth in the Regulatory Agreement.

8. Default. The Owner shall be in default under this City Note if (a) Owner is in Default under the Regulatory Agreement, City Note, or City Deed of Trust, (b) fails to pay any money when due under this City Note; or (c) breaches any representation or covenant made in this City Note or the Regulatory Agreement.

9. Acceleration. Upon a Declaration of Default, the full amount of any amount due under the Resale Restriction, or any other amounts due under this City Note, if any, shall be immediately due and payable. Any failure by the City to pursue its legal and equitable remedies upon Default shall not constitute a waiver of the City's right to issue a Declaration of Default and exercise all of its rights under this Note, the Regulatory Agreement, and the City Deed of Trust. Nor shall acceptance by the City of any payment provided for herein constitute a waiver of the City's right to require prompt payment of any remaining payments owed.

10. Nonliability for Negligence, Loss, or Damage. Owner acknowledges, understands, and agrees that the relationship between Owner and City is solely that of two separate parties in an arm's length transaction, and that City neither undertakes nor assumes any responsibility for or duty to Owner to select, review, inspect, supervise, pass judgment on, or inform Owner of the quality, adequacy or suitability of the Property or any other matter. City owes no duty of care to protect Owner against negligent, faulty, inadequate or defective building or construction or any condition of the Property and Owner agrees that neither Owner, or Owner's heirs, successors or assigns shall ever claim, have or assert any right or action against City for any loss, damage or other matter arising out of or resulting from any condition of the Security and will hold City harmless from any liability, loss or damage for these things.

11. Indemnity. Owner agrees to defend, indemnify, and hold the City and its designated agents harmless from all losses, damages, liabilities, claims, actions, judgments, costs, and reasonable attorneys' fees that the City and its designated agents may incur as a direct or indirect consequence of:
(a) Owner's failure to perform any obligations as and when required by this City Note, the City Deed of Trust, and the Regulatory Agreement; or (b) the failure at any time of any of Owner's representations or warranties to be true and correct.

12. Attorneys' Fees and Costs. Owner agrees that if any amounts due under this Note are not paid when due, to pay in addition to principal and accrued interest, all costs and expenses of collection and reasonable attorneys' fees paid or incurred in connection with the collection or enforcement of this Note, whether or not suit is filed.
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13. Joint and Several Obligations. This Note is the joint and several obligations of all makers, sureties, guarantors, and endorsers, and shall be binding upon them and their successors and assigns.

14. No Offset. Owner hereby waives any rights of offset it now has or may hereafter have against City, its successors and assigns, and agrees to make the payments called for herein in accordance with the terms of this Note.

15. Waiver. Owner and any endorsers or guarantors of this Note, for themselves, their heirs, legal representatives, successors and assigns, respectively, severally waive diligence, presentment, protest, and demand, and notice of protest, notice of dishonor and notice of non-payment of this Note, and expressly waive any rights to be released by reason of any extension of time or change in terms of payment, or change, alteration or release of any security given for the payments hereof, and expressly waive the right to plead any and all statutes of limitations as a defense to any demand on this Note or agreement to pay the same, and jointly and severally agree to pay all costs of collection when incurred, including reasonable attorneys' fees.

16. Notices. All notices required in this Note shall be sent by certified mail, return receipt requested, or express delivery service with a delivery receipt, or personally delivered with a delivery receipt obtained and shall be deemed to be effective as of the date shown on the delivery receipt as the date of delivery, the date delivery was refused, or the date the notice was returned as undeliverable as follows:

To the Owner:

Kainos Home & Training Center for the Developmentally Disabled [_______________]
[_______________]
[_______________]
To the City:

City of Belmont
Belmont City Hall
One Twin Pines Lane
Belmont, California 94002
Attn: City Manager
The parties may subsequently change addresses by providing written notice of the change in address to the other parties in accordance with this Section 16.

17. Controlling Law. This Note shall be construed in accordance with and governed by the laws of the State of California. Venue shall be San Mateo County.

18. Assignment by City. The City may assign its right to receive the proceeds under this Note to any person, and upon notice to the Owner by the City, all payments shall be made to the assignee.

19. Severability. If any provision of this Note shall be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby.
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20. Entire Agreement. This Note (along with the Regulatory Agreement and City Deed of Trust) sets forth the entire understanding and agreement between the City and the Owner, and any amendment, alteration or interpretation of this Note must be in writing signed by both the City and the Owner.
[Signatures Follow on Subsequent Page]
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IN WITNESS WHEREOF, the undersigned have executed this City Note on or as of the date first written above.

OWNER:

KAINOS HOME & TRAINING CENTER FOR THE
DEVELOPMENTALLY DISABLED, a California
nonprofit public benefit corporation
By: _____________________________
Name: _____________________________
Title: _____________________________
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