Belmont City Council
March 10, 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 341
Exhibit B – Findings for Approval
Application ID: PA2022-0024; 1301 Shoreway Road
March 10, 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
342
Exhibit B – Findings for Approval
Application ID: PA2022-0024; 1301 Shoreway Road
March 10, 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.
343
Exhibit B – Findings for Approval
Application ID: PA2022-0024; 1301 Shoreway Road
March 10, 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, 344
Exhibit B – Findings for Approval
Application ID: PA2022-0024; 1301 Shoreway Road
March 10, 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 345
Exhibit B – Findings for Approval
Application ID: PA2022-0024; 1301 Shoreway Road
March 10, 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. 346
Exhibit B – Findings for Approval
Application ID: PA2022-0024; 1301 Shoreway Road
March 10, 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). 347
Exhibit B – Findings for Approval
Application ID: PA2022-0024; 1301 Shoreway Road
March 10, 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 348
Exhibit B – Findings for Approval
Application ID: PA2022-0024; 1301 Shoreway Road
March 10, 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, 349
Exhibit B – Findings for Approval
Application ID: PA2022-0024; 1301 Shoreway Road
March 10, 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. 350
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 .........................................................41 351
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
March 10, 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, 352
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
March 10, 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 353
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
March 10, 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 354
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
March 10, 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.
355
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
March 10, 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.
356
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
March 10, 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 357
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
March 10, 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 358
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
March 10, 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 359
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
March 10, 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
360
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
March 10, 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
361
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
March 10, 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
362
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
March 10, 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.
363
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
March 10, 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 364
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
March 10, 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 365
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
March 10, 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 366
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
March 10, 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. 367
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
March 10, 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. 368
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
March 10, 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 369
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
March 10, 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 370
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
March 10, 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 off371 Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
March 10, 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. 372
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
March 10, 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.
373
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
March 10, 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 374
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
March 10, 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
375
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
March 10, 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.
376
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
March 10, 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.
377
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
March 10, 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.
378
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
March 10, 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 379
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
March 10, 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.
380
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
March 10, 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
381
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
March 10, 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
382
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
March 10, 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
383
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
March 10, 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. 384
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
March 10, 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. 385
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
March 10, 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.
386
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
March 10, 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). 387
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
March 10, 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 388
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
March 10, 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.
389
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
March 10, 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 390
Exhibit C – Conditions of Approval
Application ID: PA2022-0024; 1301 Shoreway Road
March 10, 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. 391

Crystal Springs Cross Country Course MOA - Staff Report

STAFF REPORT
Meeting Date: March 10, 2026
Agency: City of Belmont
Staff Contact: Kathy Kleinbaum, Assistant City Manager
Agenda Title: Crystal Springs Cross Country Course Memorandum of Agreement Agenda Action: Motion
Recommendation
Authorize the City Manager to negotiate and execute a Memorandum of Agreement regarding the operations and responsibilities for the Crystal Springs Cross Country Course with the San Mateo County Community College District and the San Mateo County Superintendent of Schools.

Strategic Focus Area
Quality of Life
Background
The Crystal Springs Cross Country Course (the “Running Course”) is an approximately 2.95 mile-long cross country course that has been in use since the early 1970s. The Running Course is located in unincorporated San Mateo County and is partially adjacent to Hallmark Park. The land on which the Running Course is located is owned by the City and County of San Francisco (“CCSF”). In 2002, the CCSF, acting through the San Francisco Public Utilities Commission (“SFPUC”), granted the College of San Mateo, a campus of the SMCCCD, a Revocable Permit to use the Running Course for the purpose of operating and maintaining a cross country running course.

At the time that the 2002 License was granted, cross country teams from the SMCCCD’s campuses were a large portion of the users of the Running Course. Currently, the Running Course is used by, among other users, middle school, high school and collegiate cross country teams for practice and competition events and by members of the public for recreational purposes, and runners from SMCCCD campuses are a small proportion of the total users of the Running Course.

In 2024, the SFPUC informed SMCCCD that the SFPUC proposes to revoke the 2002 Permit and replace it with a new revocable License. Although, SMCCCD makes relatively little use of the Running Course for SMCCCD purposes, SMCCCD recognizes that Running Course is an important recreational amenity for community is willing to enter into the License with the SFPUC to ensure ongoing public access to the Running Course.

The City does not use the course for city-programmed recreation or sporting events but has supported SMCCCD’s operations of the course by managing outreach and assistance to SMCCD in mitigating day of event activities within the surrounding neighborhood related to access and parking during major running meets.
392

Crystal Springs Cross Country Course MOA - Staff Report Analysis
Prior to entering into the License with the SFPUC, SMMCCD has requested that the City and the San Mateo County Office of Education enter into a Memorandum of Agreement (“MOA”) to formalize our understanding with respect to the operation and sharing of responsibilities for the Running Course.

The responsibilities outlined in the MOA for each party are as follows:

SMMCCD:
• Will be responsible to repair and maintain all improvements on the Running Course. • Will provide portable restrooms and refuse collection at the Running Course. • Will be responsible for setting and collecting reasonable user fees for the Running Course in amounts that allow SMCCCD to recover all of their actual costs. SMCCCD shall inform the City and the County Office of Education of any changes to user fees.

Belmont:
• Will continue collaborating with neighborhood residents to manage access and parking associated with cross-country meet activities, including implementing traffic control measures during large events.
• Will provide parking management within city limits during cross-country meets at no cost to the San Mateo County Community College District (SMCCCD). Event organizers may be required to reimburse the City for associated costs.
• Will post the annual meet schedule within five business days of receiving it from SMCCCD and place signage notifying residents and the public of large cross-country meets at least one day in advance of the event.
• Will enforce bus and visitor parking regulations within city limits during cross-country meet events..

San Mateo County Office of Education:
• Will procure and maintain insurance for operations at the Running Course to the same extent as SMCCCD.
• Will primarily indemnify and hold harmless the CCSF for any claims arising from the use of the Running Course by the educational community.

The proposed MOA does not assign the City any new or additional responsibilities. Rather, it formalizes the City’s continued provision of the same level of support historically provided for the operation of the course. Because the MOA is an interagency agreement among public agencies, City Council approval is required to authorize the City Manager to execute the agreement on behalf of the City.

Alternatives

1. Direct the City Manager to amend the provisions of the agreement

2. Take no action
393

Crystal Springs Cross Country Course MOA - Staff Report Attachments
A. Memorandum of Agreement
Fiscal Impact
☒ No Fiscal Impact
The City is not assuming any new responsibilities for the management of the course and is not committing to fund any course maintenance.
☐ Funding Source Confirmed:

Source: Purpose: Public Outreach:

Staff Discretionary Action Posting of Agenda
394
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MEMORANDUM OF AGREEMENT

REGARDING OPERATION AND SHARING OF RESPONSIBILITIES

FOR THE CRYSTAL SPRINGS CROSS COUNTRY COURSE

BETWEEN AND AMONG

SAN MATEO COUNTY COMMUNITY COLLEGE DISTRICT,

CITY OF BELMONT AND

SAN MATEO COUNTY SUPERINTENDENT OF SCHOOLS
The Memorandum of Agreement (“MOA”) is made and effective as of April 1, 2026 and it is between and among the San Mateo County Community College District (“SMCCCD”), the City of Belmont (“City”), and the San Mateo County Superintendent of Schools (“Superintendent”) (collectively the “Parties”). This MOA shall remain in effect until February 28, 2036, unless sooner terminated or amended by the Parties in writing, as set forth herein.

The purpose of the MOA is to set forth the Parties’ understanding and agreements with respect to the operation and sharing of responsibilities for the Crystal Springs Cross Country Running Course (“Running Course”).

The Running Course is an approximately 2.95 mile-long cross country course that has been in use since the early 1970s. The Running Course is located in unincorporated San Mateo County and is partially adjacent to Hallmark Park, which is located in the City. The land on which the Running Course is located is owned by the City and County of San Francisco (“CCSF”). In 2002, the CCSF, acting through the San Francisco Public Utilities Commission (“SFPUC”), granted the College of San Mateo, a campus of the SMCCCD, a Revocable Permit to use the Running Course for the purpose of operating and maintaining a cross country running course (the “2002 Permit”).

At the time that the 2002 Permit was granted, cross country teams from the SMCCCD’s campuses were a large portion of the users of the Running Course. Currently, the Running Course is used by, among other users, middle school, high school and collegiate cross country teams for practice and competition events by members of the public for recreational purposes, and runners from SMCCCD campuses who are a small proportion of the total users of the Running Course.

In 2024, the SFPUC informed SMCCCD that the CCSF, acting through the SFPUC, proposes to revoke the 2002 Permit and replace it with a new revocable license in the form set forth in Exhibit A to this MOA (the “Proposed License”). The Proposed License includes undertakings of the Licensee that are materially greater than those contained in the 2002 Permit. While, as described, SMCCCD makes relatively little use of the Running Course for SMCCCD purposes, SMCCCD nevertheless recognizes that the Running Course is an important recreational amenity for communities that are collectively served by the Parties and, in consideration of the Parties’ undertakings in this MOA, the SMCCCD is willing to enter into the Proposed License with the SFPUC to ensure ongoing public access to the Running Course. And while the City does not use the course for city-programmed recreation or sporting events, it also recognizes the value of the 395
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course to the general public and desires to continue its current assistance to SMCCD in mitigating effects to the adjacent City neighborhood from operation of the course.

I. PARTIES’ RESPONSIBILITES
A. The SMCCCD shall do the following:

1. Enter into the Proposed License with SFPUC. The Parties acknowledge and agree that, once the Proposed License is entered into, the SMCCCD shall have the right, in its sole discretion, to terminate the Proposed License, consistent with the terms of the Proposed License, provided that SMCCCD shall notify and consult with the other Parties to this MOA before exercising this right.

2. Except as set forth herein, SMCCCD shall perform and be responsible for all acts required of the Licensee under the terms of the Proposed License. Among other things set forth in the Proposed License, SMCCCD shall be responsible for repairing and maintaining all improvements placed on the Running Course, including two sheds used for storage and event scoring; informational signage at Running Course gates; one drinking fountain; a stretching station; the Running Course Finish Line; and a 300 linear foot electrical conduit from Mid-Peninsula Water District storage tanks to existing sheds.

3. SMCCCD will provide portable restrooms and refuse collection at the Running Course, including additional portable restrooms and refuse collection during Large Meets, as defined in the Proposed License.

4. SMCCCD will be responsible for setting and collecting reasonable user fees for the Running Course in amounts that allow SMCCCD to recover all of the actual costs to SMCCCD under the terms of the Proposed License. SMCCCD shall inform the City and the Superintendent of any changes to user fees.

5. SMCCCD shall, during the term of the Proposed License, retain a contractor to serve as the Course Consultant, as defined in the Proposed License, and to discharge the duties of the Course Consultant as described in the Proposed License. The Parties acknowledge that SMCCCD intends to initially contract with Silicon Valley Sports Officials Association to serve as the Course Consultant and that SMCCCD retains full and sole discretion to change the person or entity serving as Course Consultant.

6. SMCCCD shall pay to the CCSF the annual use fee required under the terms of the Proposed License.

B. The City shall do the following:

1. The City will procure and maintain whatever insurance it deems advisable for claims relating to its activities in relation to the course.

2. Section 5(t) of the Proposed License requires the Licensee to collaborate and coordinate with the residents of the community to minimize potential conflicts and impacts to the community resulting from cross-country meet activities. In addition, Section 4(a)(i)(B) of the Proposed License requires the Licensee to provide traffic control measures during large meets. To help accomplish this the City will provide parking management within city limits during cross-country meets at no cost to the City and County of San Francisco or the SMCCCD. The meet organizer may be charged to reimburse the City’s costs. The City will post the annual meet schedule within 5 business days of receipt from SMCCCD. The City will place signage to notify community members of the public of the large cross-county meets at least one day 396
– 3 –
prior to the large cross-country athletic competition event and may at its option place such signage for any other events regardless of size. The City will enforce bus and visitor parking within city limits.

C. The Superintendent shall do the following:

1. Section 8 of the Proposed License requires the Licensee to procure and keep in effect at all times certain insurance. In light of the benefit to the educational community afforded by the Running Course, the Superintendent shall cause the San Mateo County Office of Education to procure and maintain insurance for operations at the Running Course to the same extent as SMCCCD is required to procure and maintain insurance as set forth in Section 8 of the Proposed License. The Superintendent agrees to maintain such insurance for as long as this MOA remains in effect and the Parties agree that SMCCCD shall not be obligated to maintain insurance as otherwise required in Section 8 of the Proposed License if the CCSF agrees to allow the Superintendent to provide such insurance in lieu of SMCCCD doing so.

2. Section 19 of the Proposed License requires the Licensee to indemnify, defend, reimburse, and hold harmless the CCSF and its agents for certain Claims related to use of the Running Course. In light of the benefit to the educational community afforded by the Running Course, the Superintendent agrees to primarily indemnify and hold harmless the CCSF, to the same extent that SMCCCD is obligated to indemnify the CCSF pursuant to the terms of the Proposed License, for any claims arising from the use of the Running Course by the educational community.

II. OTHER TERMS
A. This MOA, particularly with respect to the Superintendent's assumption(s) of insurance obligations, is contingent upon CCSF agreeing to accept such insurance in lieu of SMCCCD's as required by Section 8 of the Proposed License. The Superintendent acknowledges and agrees that its respective insurance and indemnity obligations are material inducements to SMCCCD’s willingness to enter into the Proposed License.

B. Term: This MOA shall come into effect if and when SMCCCD and SFPUC each sign the Proposed License, and shall remain in effect during the term of the Proposed License.

Notwithstanding the foregoing, any Party may terminate the MOA by giving each other party at least 180 days prior written notice of intent to terminate the MOA. In the event this MOA is terminated by the Superintendent, SMCCCD shall have the right to terminate the Proposed License without further obligation under this MOA.

C. Non-Discrimination: [See Section 26(b) of SFPUC License] D. Notices: All notices under this MOA shall be provided to Parties through the indicated individuals, as follows:
397
– 4 –
To SMCCCD:

Chief Facilities & Operations Officer
San Mateo County Community College District
3401 CSM Drive
San Mateo, CA 94402
To City of Belmont:

City Manager
One Twin Pines Ln, #340
Belmont, CA 94002
To County Superintendent:

County Superintendent of Schools
Attn: Deputy Superintendent, Business Services
101 Twin Dolphin Dr.

Redwood City, CA 94065
E. Amendments: This MOA may be amended only by written instrument signed by each of the Parties.

F. Governing Law and Venue and Dispute Resolution: This MOA shall be governed by and construed under the laws of the State of California. The Parties consent to the exclusive jurisdiction and venue of the San Mateo County Superior Court. The Parties agree that they shall meet and confer in good faith and attempt to mediate any dispute that may arise prior to initiating any litigation in San Mateo County Superior Court.

This MOA is approved and entered into this 1st day of April, 2026 by and between the undersigned Parties.
398
– 5 –
San Mateo County Community College District
__________________________________________
By: Melissa Moreno, its Chancellor
Date:

City of Belmont
__________________________________________
By: Afshin Oskoui, its City Manager
Date:

San Mateo County Superintendent of Schools
__________________________________________
By: Marco Chávez, its Deputy Superintendent
Date:
399
1 Rev August 2020

SAN FRANCISCO PUBLIC UTILITIES COMMISSION

REVOCABLE LICENSE
(License #P3973A)
(Supersedes and replaces all prior permits and licenses issued by City or the SFPUC, including Revocable Permit No. P3973 dated May 1, 2002) THIS REVOCABLE LICENSE (this “License”) dated for reference purposes only as of ___________________, 2024, is made by and between the CITY AND COUNTY OF SAN FRANCISCO, a municipal corporation (“City”), acting by and through its Public Utilities Commission (the “SFPUC”), and SAN MATEO COUNTY COMMUNITY COLLEGE DISTRICT, a California public school district (“Licensee”). City and Licensee are sometimes collectively referred to in this License as the “Parties” or singularly as a “Party.” The following is a summary of basic license information (the “Basic License Information”). Each item below shall be deemed to incorporate all of the terms set forth in this License pertaining to such item. In the event of any conflict between the information in this Section and any more specific provision of this License, the more specific provision shall control.

City: CITY AND COUNTY OF SAN FRANCISCO, acting by and
through its Public Utilities Commission
Licensee: SAN MATEO COUNTY COMMUNITY COLLEGE DISTRICT
License Area (Section 1): Portions of SFPUC Parcel Numbers 31 and 32 in San Mateo, California, as more particularly described in the attached Exhibit A and shown in the attached Exhibit B, together with any appurtenances
Term (Section 2): Eight (8) years commencing on the Commencement Date.

Estimated Commencement Date: __________________
License Term Expiration Date: ____________________
Permitted Acts: 1. The use, management, maintenance, repair, and replacement of an existing cross-county running course (“Running
Course”) for cross-country training and running events;

2. Cross-country meet support parking (e.g., for course officials) and space for cross-country meet support equipment and
personnel within the “Event Staging Area” shown on
attached Exhibit B;

3. The management of public access for free drop-in public recreational use of the Running Course from sunrise to sunset for pedestrian-only activities such as running, jogging, hiking, and walking. No bicycle, equestrian, or motorized vehicle access shall be allowed on the Running Course;

4. The use, maintenance, and repair of the following existing facilities on the License Area: (a) two (2) sheds used for 400
2 Rev August 2020
storage and space for personnel to conduct running event scoring; (b) informational signage at the two (2) Running Course entrances (designated as the Hallmark Park – South Gate and the St. James – North Gate) displaying the Running Course rules, regulations, hours of operation, and contact information for the San Mateo County Community College
District; (c) one (1) drinking fountain; (d) one (1) stretching station; and (e) the Running Course finish line area; and (f) one (1) portable restroom;

5. The operation, maintenance, and repair of one (1)
approximately 300 linear foot electrical conduit connecting the Mid-Peninsula Water District storage tanks to the existing sheds on the License Area; and

6. The maintenance of vegetation on the License Area in accordance with the SFPUC Vegetation Management Policy
attached as Exhibit D (as it may be modified from time to time).

Application Fee
(Section 7(a)):

Intentionally Omitted
Recurring Use Fee
(Section 7(b)):

Three Thousand Dollars ($3,000) per year and paid annually or in the amount of Two Hundred and Fifty Dollars ($250) per month.

Licensee’s Share of
Property Taxes:

See Section 30 [Taxes, Assessments, Licenses, License Fees, and Liens] below.

Notices: See Section 31 [Notices] below.

Key Contact for City: SFPUC Real Estate Director
Telephone No.: (415) 487-5210
Email: [email protected]
Key Contact for Licensee: Dr. Richard Storti, Executive Vice Chancellor of Administrative Services
Telephone and Email: (650) 358-6764
[email protected]
Alternate Contact for
Licensee:

Yanely Pulido, Director of General Services
Telephone and Email: (650) 358-6863
[email protected]
401
3 Rev August 2020
City and Licensee agree as follows:

1. License; Supersession and Revocation.
(a) License. City confers to Licensee a revocable, personal, non-exclusive, and non-possessory privilege to enter upon and use that certain real property owned by City situated in the County of San Mateo, State of California, more particularly described in the attached Exhibit A (the “License Area”), for the limited purpose and subject to the terms, conditions, and restrictions set forth below. The License Area is shown generally on the drawing attached Exhibit B. This License gives Licensee a license only and notwithstanding anything to the contrary in this License, it does not constitute a grant by City of any ownership, leasehold, easement, or other property interest or estate whatsoever in any portion of the License Area.

Nothing in this License shall be construed as granting or creating any franchise rights pursuant to any federal, state, or local laws.

THE PRIVILEGE GIVEN TO LICENSEE UNDER THIS LICENSE IS EFFECTIVE

ONLY INSOFAR AS THE RIGHTS OF CITY IN THE LICENSE AREA ARE CONCERNED,

AND LICENSEE SHALL OBTAIN ANY FURTHER PERMISSION NECESSARY BECAUSE OF ANY OTHER EXISTING RIGHTS AFFECTING THE LICENSE AREA. WITHOUT

LIMITING THE FOREGOING, THIS LICENSE IS BEING ISSUED SUBJECT AND

SUBORDINATE TO ALL OF THE TERMS AND CONDITIONS OF THAT CERTAIN DEED DATED AND RECORDED MARCH 3, 1930 IN VOLUME 491, AT PAGE 1, OF OFFICIAL

RECORDS OF SAN MATEO COUNTY, PURSUANT TO WHICH CITY ACQUIRED ITS

INTEREST IN THE LICENSE AREA, A COPY OF WHICH IS ATTACHED TO THIS LICENSE ASEXHIBIT C (THE “DEED”), AND ALL OTHEREXISTING AND FUTURE DOCUMENTS

AND INSTRUMENTS OF RECORD AFFECTING THE LICENSE AREA (COLLECTIVELY, WITH THE DEED, THE “RECORDED DOCUMENTS”). LICENSEE MUST SECURE ALL

ADDITIONAL NECESSARY APPROVALS, PERMITS, LICENSES, AND CONSENTS, AND

DELIVER ALL NECESSARY NOTICES, BEFORE COMMENCING WORK IN THE LICENSE

AREA, INCLUDING ANY APPROVALS, PERMITS, LICENSES, CONSENTS, OR NOTICES REQUIRED FROM OR TO THE GRANTOR UNDER THE RECORDED DOCUMENTS. FOR CITY’S BENEFIT, LICENSEE COVENANTS AND AGREES THAT LICENSEE SHALL

FULLY COMPLY WITH THE TERMS AND CONDITIONS OF THE RECORDED

DOCUMENTS AND ANY OTHER RULES AND REGULATIONS PROMULGATED BY CITY

AS THEY APPLY TO ANY WORK TO BE PERFORMED OR FACILITIES TO BE

INSTALLED BY LICENSEE ON THE LICENSE AREA PURSUANT TO THIS LICENSE, AND

CITY SHALL HAVE NO RESPONSIBILITY OR LIABILITY OF ANY KIND WITH RESPECT THERETO. LICENSEE ACKNOWLEDGES AND AGREES THAT NEITHERCITY NOR ANY

OF ITS DEPARTMENTS, COMMISSIONS, OFFICERS, DIRECTORS, AND EMPLOYEES,

AND ALL PERSONS ACTING BY, THROUGH, OR UNDER EACH OF THEM HAVE MADE,

AND CITY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR

IMPLIED, CONCERNING THE PRESENT OR FUTURE SUITABILITY OF THE LICENSE AREA FORLICENSEE’S INTENDEDWORK ORFACILITIES, THE IMPACT OF ANY TERM OR CONDITION OF THE RECORDED DOCUMENTS ON LICENSEE’S RIGHTS UNDER

THIS LICENSE, OR THE ABILITY TO OBTAIN OR DELIVER, OR THE PROCEDURE FOR

OBTAINING OR DELIVERING, ANY NECESSARY APPROVALS, LICENSES, PERMITS,

CONSENTS OR NOTICES FROM OR TO THE GRANTOR UNDER THE RECORDED 402
4 Rev August 2020

DOCUMENTS OR ANY OTHER PARTY WITH RESPECT TO ANY MATTERS CONTAINED IN THIS LICENSE.
(b) Supersession and Revocation. Effective as of the Commencement Date (defined in Section 2 [Term of License] below), this License shall immediately supersede, replace, and revoke all prior permits and licenses issued by City or the SFPUC, including Revocable Permit No. P3973 dated May 1, 2002, to Licensee (collectively “Prior Permits”), and the terms and conditions of the Prior Permits shall have no further force or effect. Any plans or approvals contained in any of the Prior Permits that are not expressly incorporated by this License shall not be deemed approved or permitted. If the terms and conditions of any of the Prior Permits conflict with the terms and conditions of this License, the terms and conditions of this License shall prevail.

2. Term of License. The term (“Term”) of this Licensee shall commence on the date on which this License is executed and delivered by City following the SFPUC authorization and approval and the receipt of all fees, insurance certificates, and security required to be provided by this License (the “Commencement Date”), and shall immediately expire the earlier of: (a) eight (8) years after the Commencement Date, (b) one (1) year after City’s receipt of Licensee’s written notice of termination or (c) upon written notice from City revoking this License. At its sole option, City may freely revoke this License at any time without cause or liability, and without any obligation to pay any consideration to Licensee or return to Licensee any part of the license fee or, if applicable, the use fee. Upon any such revocation, Licensee will immediately surrender the License Area in the condition required by this License.

Notwithstanding the foregoing, if Licensee wishes to renew the term of this License for a renewal term over one (1) year in duration, then Licensee shall proceed as follows: on or before the date that is seven (7) years after the Commencement Date, Licensee shall give written notice to City requesting such renewal, and City will seek approval for such a renewal term from its Board of Supervisors and Mayor, to be granted, withheld, or conditioned at their respective sole discretions; provided, however, that (i) at its sole discretion, City may not seek such renewal if City has other uses for the License Area, or if City determines that Licensee has not adequately performed its obligations under this License; and (ii) at all times prior and subsequent to any such renewal, City will retain its right to revoke this License at any time without cause or liability, and without any obligation to pay any consideration to Licensee or return to Licensee any part of the license fee or, if applicable, the use fee.

3. Intentionally Omitted.

4. Use of License Area.
(a) Permitted Acts. In strict accordance with the terms of this License, Licensee may enter and use the License Area for the following purposes:
(i) The use, management, maintenance, repair, and replacement of the Running Course for cross-country training and running events subject to the following requirements:
(A) Licensee may not allow more than twenty-five (25) cross-country meets per calendar year in the License Area, including no more than five (5) large meets per calendar year. “Large Meets” are defined as cross-country meetings with 1,000 or more 403
5 Rev August 2020
participants. Licensee shall not allow more than five (5) Saturday Large Meets on the License Area per calendar year;
(B) Licensee shall provide additional portable restrooms and refuse collection for all cross-country meets and provide traffic control measures during Large Meets, all at no cost to the City;
(ii) Cross-country meet support (e.g., course official) parking and space for cross-country meet support equipment and personnel within the “Event Staging Area” shown on attached Exhibit B;
(iii) The management of public access for free drop-in public recreational use of the Running Course from sunrise to sunset for pedestrian-only activities such as running, jogging, hiking, and walking, provided that no bicycle, equestrian, or motorized vehicle access shall be allowed on the Running Course;
(iv) The operation, maintenance, repair, and replacement of the following existing facilities in the License Area: (A) two (2) sheds used for storage and space for personnel to conduct running event scoring; (B) informational signage at two (2) Running Course entrances (designated as the Hallmark Park – South Gate and the St. James – North Gate) displaying the Running Course rules, regulations, hours of operation, and contact information for the San Mateo County Community College District; (C) one (1) drinking fountain; (D) one (1) stretching station; (E) the Running Course finish line area; and (F) one (1) portable restroom; (v) The operation, maintenance, and repair, of one (1) approximately 300 linear foot electrical conduit (from the Mid-Peninsula Water District storage tanks to the existing sheds on the License Area; and
(vi) The maintenance of vegetation on the License Area in accordance with the SFPUC Vegetation Management Policy attached as Exhibit D (which may be modified from time to time).

Except as specifically permitted by this License or subsequently approved by City pursuant to the terms of this License, Licensee shall not permit, construct, maintain, or allow any other improvements or structures, on, across, within, over, or under the License Area. (b) Vehicular Access to License Area. Licensee may use both the Hallmark Park – South Gate entrance and the St. James – North Gate entrance for vehicular access for operation and maintenance activities on the License Area. Vehicular access for cross-country meet support (e.g., course officials) is limited to the Hallmark Park – South Gate entrance. (c) User Fees. Licensee acknowledges that the intent and purpose of this License is to allow for the uses authorized in this Section 4 and not for the purpose of creating an investment in the License Area. Therefore, Licensee may not charge any fees or other charges to any user of the License Area other than reasonable fees in amounts calculated to allow Licensee to recover the actual costs (without any material profit to Licensee) of the utilities and other operational expenses incurred by Licensee pursuant to this License in connection with Licensee’s use of the License Area. Upon at least thirty (30) days’ prior notice to Licensee, City or its authorized representatives may audit Licensee’s records and books in order to verify Licensee’s compliance with the 404
6 Rev August 2020
requirements of this Section 4(b). Licensee shall make all such books and records available for any such audit at the License Area or at Licensee’s principal office(s). (d) Subject to City Uses. Licensee is aware that the License Area constitutes a portion of City’s regional water pipeline delivery system. Notwithstanding anything to the contrary in this License, any and all of Licensee’s activities pursuant to this License shall be subject and subordinate at all times to City’s existing and future use of the License Area for municipal and other purposes. City shall in no way be liable for any damage or destruction to Licensee’s property and/or improvements resulting from the condition of the License Area or the SFPUC facilities, from any pipeline break or from any pipeline repair or maintenance activities. At City’s request, Licensee shall immediately remove any of Licensee’s property or improvements from the License Area to allow City access to the SFPUC facilities. If City deems it necessary, at City’s sole discretion, City may remove any such property or improvements and City shall not be responsible for restoring or returning the same to its prior condition.

5. Improvements to License Area, Conditions to Permitted Acts. Licensee’s use of the License Area and its implementation of any improvements or alterations to the License Area, are subject to its satisfaction of all of the following conditions (to the extent applicable), which are for City’s sole benefit:
(a) Approval of Plans and Specifications. Licensee shall not make any improvements to, or alteration of, the License Area without City’s prior written consent. Licensee shall only install any such improvements, or make any such alterations, in accordance with plans and specifications (including drawings) approved in advance and in writing by the SFPUC (the “Approved Plans”) and any SFPUC requirements resulting from its review of the proposed improvements or alterations. The Approved Plans may be revised or amended only with the SFPUC’s prior written approval after the SFPUC’s Bureau of Environmental Management has determined that no further environmental review is required by the California Environmental Quality Act (“CEQA”) as a result of any such revision or amendment. (b) Energy Service and Related Facilities. If Licensee seeks electrical service for use in the License Area, Licensee shall contact the Interconnection Services Department in the Power Enterprise of the SFPUC to arrange for service. Licensee shall purchase all electricity necessary for its operations at the License Area from the SFPUC, at the SFPUC’s standard rates charged to third parties, unless the SFPUC determines, in its sole judgment, that it is not feasible to provide such service to the License Area. The SFPUC is the provider of electric services to City property, and the SFPUC’s Interconnection Services Department coordinates with Pacific Gas and Electric Company and others to implement this Section. Except as provided above with respect to any electricity services provided by the SFPUC, Licensee shall make arrangements and pay for all utilities and services furnished to the License Area, including gas, electricity, water, sewage, telephone, and trash collection services, and for all deposits, connection, and installation charges.

Except as otherwise provided in this License, the SFPUC has no responsibility or liability of any kind with respect to any utilities that may be on or about the License Area. Licensee has the sole responsibility to locate any utility facilities within the License Area and protect them from damage resulting from Licensee’s use of the License Area. 405
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(c) Permits, Licenses, and Approvals. Before beginning any permitted improvement or alteration work in the License Area, Licensee shall obtain any and all permits, licenses, and approvals (collectively, “Approvals”) of all regulatory agencies and other third parties that are required to commence, complete, and maintain the permitted work. Promptly upon receipt of such Approvals, Licensee shall deliver copies of them to the SFPUC. No approval by the SFPUC for purposes of Licensee’s work under this License shall be deemed to constitute the approval of any federal, state, or local regulatory authority with jurisdiction, and nothing in this License shall limit Licensee’s obligation to obtain all such regulatory Approvals, at Licensee’s sole cost. (d) Limits of City’s or SFPUC’s Consent. City’s or the SFPUC’s consent to or approval of any improvements, equipment, or fixtures shall not relieve Licensee or its engineers, architects, or contractors from any liability for negligence, errors, or omissions associated with the design and construction of any such improvements, equipment, or fixtures. In no event shall the SFPUC’s approval of plans or specifications be deemed to constitute a representation or warranty by City concerning the suitability of the improvements, equipment, or fixtures for Licensee’s purposes or that the work called for in the plans and specifications complies with applicable building codes or other applicable Laws (defined in Section 9 [Compliance with Laws] below), or industry standards, nor shall such approval release Licensee from its obligation to supply plans and specifications that conform to applicable building codes, other applicable Laws, and industry standards.
(e) Exercise of Due Care. Licensee shall use, and shall cause its Agents (defined in Section 19 [Indemnity] below) to use, due care at all times to avoid any damage or harm to City’s water pipelines, facilities, or other property and to native vegetation and natural attributes of the License Area and to minimize slope erosion. Licensee shall not disturb the surface of the License Area or perform any excavation work without City’s prior written approval. City may condition and/or oversee any permitted excavation work. At its own expense, Licensee shall mark the location of City’s water pipelines or other facilities within the License Area and shall not use any pick, plow, or other sharp tool to remove the two feet of soil around the pipelines or other facilities, provided that Licensee may use hand shovels or pneumatic shovels in compliance with all other terms and conditions of this License. Licensee shall immediately inform City of any actual or potential damage to the coating of the pipeline, and any such damage shall be promptly repaired by Licensee, at its own expense, to City’s satisfaction prior to backfilling; provided, at its sole discretion, City may elect to make any necessary repairs itself, at Licensee’s sole cost, by notifying Licensee of such fact. Upon completion of the repairs, City shall send to Licensee a bill therefor, which Licensee shall pay within thirty (30) days following receipt. Under no circumstances shall Licensee damage, harm, or take any rare, threatened, or endangered species present on or about the License Area.
(f) Cooperation with San Francisco Public Utilities Commission. Licensee and its Agents shall work closely with City personnel to minimize any potential disturbance (even if temporary) of the natural features of the License Area and to avoid disruption (even if temporary) of City facilities, in, under, on, about, or adjacent to the License Area and City uses of such facilities.

From time to time, the SFPUC and/or its agents, contractors, consultants, and partners may perform certain maintenance activities in, on, under, or about City property in and near the Peninsula watershed. The SFPUC retains the right to manage and maintain these lands.

Maintenance activities may include mechanical vegetation removal, prescribed fires and other 406
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activities that could result in sound, smoke and other nuisances. To the extent practical, the SFPUC will make reasonable efforts to notify the Licensee when any of these activities are planned to occur. However, certain maintenance activities, particularly prescribed fires, can occur upon little notice with potential impacts to Licensee’s use of the License Area that may be hard to predict. (g) Heavy Equipment. Licensee shall not use any heavy construction equipment over or about City’s pipelines, except as otherwise expressly allowed in Section 6(i) [Heavy Equipment and Vehicles] below.
(h) Work Schedule. If Licensee seeks and obtains City’s consent to any proposed improvement to, or alterations of, the License Area, City may condition its consent on the performance of such improvement or alteration work during a specified time frame. At least ten (10) business days prior to the commencement of any improvement or alteration work on the License Area, Licensee shall notify City’s Construction Inspector (“Construction Inspector”), at (650) 871-3015, of the date such work shall commence and the intended construction schedule.

Notification must also be given to Underground Service Alert at least two (2) days prior to start of work. Notwithstanding the approval of such schedule by the SFPUC, the Construction Inspector shall have the right to require Licensee to adjust such schedule from time to time. All work must be performed during regular working hours (Monday through Friday) between 8:00 a.m. and 4:30 p.m., exclusive of City holidays. Any work performed during any other time or day must be preapproved by the SFPUC at least ten (10) business days prior to commencing such work. In connection with such approval, City may charge Licensee additional inspection fees payable prior to the SFPUC’s approval of the request. Notwithstanding the work hours set forth above, Licensee shall comply with any applicable local ordinance that imposes later start times and/or earlier cessation times for construction activities.
(i) Restoration of License Area. Immediately following completion of any work permitted under this License, Licensee shall remove all debris and any excess dirt and shall restore the License Area to its condition immediately prior to such work, to City’s satisfaction. Licensee shall restore any damage caused to existing roads and restore excavated areas with new vegetation (including irrigation and maintenance until established) and erosion control netting, all as requested by City, and shall comply with all applicable regulations of the regulatory agency with jurisdiction.
(j) Pipeline Depth/Installation of Above-Ground Markers. Before commencing any excavation work in the License Area, Licensee shall measure the depth of City’s pipelines, if any, located in the License Area by potholing and forward such information to City. Any potholing authorized by this License shall be subject to the requirements of Section 5(p) [Potholing]. Upon completion of work, Licensee shall promptly notify City in writing of the depth of City’s pipeline and related facilities in the License Area. Licensee shall install above-ground markers identifying the location of any underground facilities installed pursuant to this License. The location, type, and installation of markers and identifying information on the markers shall be subject to the SFPUC’s prior written approval.
(k) As-Built Drawings/Reports. Promptly upon completion of any permitted improvements to, or alterations of, the License Area, Licensee shall furnish the SFPUC with two (2) complete copies of final as-built drawings for any such improvements or alterations, which drawings shall include sufficient detail so as to allow City to precisely locate the improvements or alterations. If Licensee or any of its Agents or consultants prepares any environmental, seismic, 407
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geophysical, or other written report relating to the License Area and/or any work performed on the License Area, Licensee shall furnish to City a complete copy of such report, including any schedules, exhibits, and maps, promptly upon completion of the same. (l) Responsibility for Maintenance of License Area and Licensee’s Facilities.

During the term of this License, Licensee shall be solely responsible for repairing and maintaining all improvements placed on the License Area by or on behalf of Licensee, which consist of the Running Course, including all its associated appurtenances and improvements, and the existing facilities, including: (i) two (2) sheds used for storage and running event scoring, (ii) informational signage at two (2) Running Course entrances located at (A) the Hallmark Park entrance – South Gate and (B) St. James entrance – North Gate, (iii) one (1) drinking fountain, (iv) one (1) stretching station, (v) the Running Course finish line, and (vi) one (1) 300-linear foot electrical conduit from the Mid-Peninsula Water District storage tanks to the existing sheds. Except for the abovedescribed improvements, City shall repair and maintain all other surface areas within the License Area and adjacent City lands. Licensee shall notify City in writing not less than five (5) days before performing any repair or maintenance work in the License Area, except in the case of an emergency when Licensee shall notify City telephonically and in writing as soon as reasonably possible.
(m) Revocability. The installation of improvements to or alterations of, the License Area, regardless of cost, shall not in any way whatsoever limit City’s right to revoke this License pursuant to its terms or any of City’s other rights under this License. (n) Contractors. Licensee shall not accept and release its contractor for work authorized or required by this License before securing the SFPUC’s written approval. (o) Cathodic and Other Protection. City may adopt from time to time such rules and regulations with regard to Licensee’s permitted improvements or alterations and operations under this License as City may determine are necessary or appropriate, at City’s sole discretion, to safeguard against corrosion of, or other damage to, City’s pipelines and related facilities. Licensee shall immediately comply with all such rules and regulations upon receipt of a copy of such rules and regulations.
(p) Potholing. Any potholing authorized by this License shall be subject to the direction of City’s Construction Inspector. Potholing using the soft dig method (vacuum soil extraction system) is preferred. If Licensee wishes to use any other mechanical method such as digging with a backhoe, License must submit a written request to the SFPUC at least five (5) business days prior to commencing such work and obtain the SFPUC’s prior written consent.

Notwithstanding the foregoing, the last two feet (2’) above the top of the pipe must be dug manually, without the use of any machines.
(q) Course Consultant. Licensee shall engage a third-party contractor (“Course Consultant”) to oversee and manage the schedule, cross country meet logistics and any other support necessary to implement a safe event for participants, spectators, the adjacent affected community, and the needs of the cross-country stakeholders and to provide equitable access to student athletes, including coordination with local government. Licensee shall provide City with the Course Consultant’s contact information (address, phone number, and email address) after the Course Consultant is under contract and will provide immediate updates in case of changes. 408
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(r) Annual Meetings and Report. During the term of this License, Licensee shall meet annually (before June 1st) with the SFPUC Peninsula Watershed Manager to review the proposed annual running event/training schedules (including whether any event is a Large Meet and the estimated number of participants), discuss annual maintenance and improvement work plans for the Running Course, inspect the License Area and resolve any issues regarding Licensee’s use of the License Area. Licensee shall provide City with all information required by this section in an annual course report, compiled by the Course Consultant, at least ten (10) business days prior to the annual meeting. The report shall also include data from the prior year describing the event types, dates, the number of participants, and the estimated number of spectators for each event.
(s) Communications. During the term of this License, Licensee shall respond to thirdparty inquiries regarding Licensee’s use of the Running Course for permitted recreational access, including cross country training. In addition, Licensee shall promptly, following the SFPUC’s reasonable request, cosign any SFPUC correspondence to local citizens regarding any such citizen’s violations in and on the License Area regarding the SFPUC’s Encroachment Policy, Vegetation Management Policy, and related guidelines or risks resulting from such violations. (t) Public and Neighborhood Outreach and Notice of Event Schedule and Rules.

During the term of this License, Licensee shall inform the neighboring community regarding scheduled cross-country meets. Licensee shall collaborate and coordinate with the residents of the neighboring community to minimize the potential conflicts and impacts to the community resulting from cross-country meet activities. Licensee shall place signs at the north and south entrances to the License Area to notify members of the public of cross country meets at least one (1) week prior to the cross-country athletic competition season. Licensee shall use good faith efforts to ensure that the signs remain in place until the cross-country meet concludes. All signs will include a QR code (or similar device) to help members of the public access a website with cross-country meet schedule information. Licensee shall also post the rules for use of the License Area at the north and south entrances to the License Area. Licensee shall continue to work with the City of Belmont to incorporate feedback from the neighboring community to address managing the vehicle traffic associated with the cross-country meets.

6. Restrictions on Use. The following uses (by way of example only) of the License Area by Licensee, or any other person claiming by or through Licensee, are inconsistent with the limited purpose of this License and are strictly prohibited as provided below:
(a) Improvements. Except as otherwise expressly provided in this License, Licensee shall not construct or place any temporary or permanent structures or improvements in, on, under, or about the License Area, nor shall Licensee make any alterations or additions to any of existing structures or improvements on the License Area, unless Licensee first obtains the SFPUC’s prior written consent. For purposes of this License, the term “improvements” includes asphalt, concrete, and cementitious driveways, sidewalks, and parking areas, shacks, storage facilities, and fences. Licensee will submit an annual work plan to address planned improvements under this Section, including seasonal or event-specific improvements as part of the annual report required under Section 5(r) [Annual Meetings and Report].
(b) Trees and Other Plantings. Licensee shall not plant any trees or other vegetation in or on the License Area, except as otherwise expressly provided in this License and except in 409
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accordance with detailed plans consistent with the SFPUC’s Vegetation Management Policy, which may be amended from time to time and as approved by the SFPUC in writing in advance. (c) Dumping. Licensee shall not cause or permit the dumping or other disposal in, on, under, or about the License Area of landfill, refuse, Hazardous Material (defined in subsection (d) [Hazardous Material] below), or any other materials, including materials that are unsightly or could pose a hazard to the human health or safety, native vegetation or wildlife, or the environment. (d) Hazardous Material. Licensee shall not cause, nor shall Licensee allow any of its Agents or Invitees (defined in Section 19 [Indemnity] below) to cause, any Hazardous Material to be brought upon, kept, used, stored, generated, released, or disposed of in, on, under, or about the License Area, or transported to, from, or over the License Area. Licensee shall immediately notify City when Licensee learns of, or has reason to believe that, a release of Hazardous Material has occurred in, on, under, or about any part of the License Area. Licensee shall further comply with all applicable Laws requiring notice of such releases or threatened releases to governmental agencies, and shall take all action necessary or desirable to mitigate the release or minimize the spread of contamination. If Licensee or its Agents or Invitees cause a release of Hazardous Material, Licensee shall promptly return the License Area to the condition immediately prior to the release, without cost to City, in accordance with all Laws, and using the highest and best technology available. In connection with such remedial action, Licensee shall afford City a full opportunity to participate in any discussion or negotiations with governmental agencies and environmental consultants regarding any settlement agreement, cleanup or abatement agreement, consent decree, or other compromise proceeding involving Hazardous Material, and any other abatement or cleanup plan, strategy, and procedure. For purposes of this License, “Hazardous Material” means material that, because of its quantity, concentration, or physical or chemical characteristics, is at any time now or hereafter deemed by any federal, state, or local governmental authority to pose a present or potential hazard to public health, welfare, or the environment.

Hazardous Material includes the following: any material or substance defined as a “hazardous substance, pollutant or contaminant” pursuant to the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., or pursuant to Section 25316 of the California Health & Safety Code or any other federal, state, or local Law; a “hazardous waste” listed pursuant to Section 25140 of the California Health & Safety Code; any asbestos and asbestos containing materials whether or not such materials are part of the License Area or are naturally occurring substances in the License Area; and any petroleum, including crude oil or any crude-oil fraction, natural gas, or natural gas liquids, provided, the foregoing shall not prohibit Licensee from traversing to, from, and across the License Area in standard motor vehicles that do not exceed the weight limitations set forth below. The term “release” or “threatened release” when used with respect to Hazardous Material shall include any actual or imminent spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing in, on, under, or about the License Area. (e) Nuisances. Licensee shall not conduct any activities in, on, under, or about the License Area that constitute waste, or nuisance to City, to the owners or occupants of neighboring property, or to the public, or that constitute waste or nuisance per se. (f) Damage. Licensee shall not do anything in, on, under, or about the License Area that could cause damage to or interference with any pipelines, facilities, or other property located in, on, under, or about the License Area. Licensee will compensate City for any and all damage 410
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caused to the License Area and City facilities resulting from the activities of Licensee and its Agents and Invitees, including damage resulting from defective work. (g) Use of Adjoining Land. Licensee acknowledges that the privilege given under this License shall be limited strictly to the License Area. Licensee shall not traverse over or otherwise use any adjoining lands of City.
(h) Ponding; Water Courses. Licensee shall not cause any ponding on the License Area or any flooding on adjacent land. Licensee shall not engage in any activity that causes any change, disturbance, fill, alteration, or impairment to the bed, bank, or channel of any natural water course, wetland, or other body of water on, in, under, or about the License Area, nor shall Licensee engage in any activity that could pollute or degrade any surface or subsurface waters or result in the diminution or drainage of such waters.
(i) Heavy Equipment and Vehicles. To prevent damage to City’s underground pipelines, Licensee’s use of vehicles and equipment within twenty feet (20’) of each side of the centerline of any City pipeline (measured on the surface) shall be subject to the following restrictions:
(i) The depth of soil cover over the tops of City’s pipelines must be at least three feet (3’) for steel cylinder pipe and four feet (4’) for reinforced pre-stressed concrete cylinder pipe to accommodate the loading defined in subsection (ii) below. If any equipment with axle loading exceeds the loads stated in subsection (ii) below or if the depth of soil cover is less than stated above, Licensee shall submit to the SFPUC for review and approval, at the SFPUC’s sole discretion, engineering calculations prepared by a licensed Professional Engineer licensed in California showing that City’s pipelines will not be adversely affected by Licensee’s proposed activities. If City’s pipelines may be adversely affected, Licensee shall submit remedial measures for City’s approval to ensure that no adverse effect will occur. (ii) The effects of vehicle and equipment loads to the pipeline must not exceed the effects of the “AASHTO Standard H-10 Loading.” H-10 loading is defined as loading caused by a two-axle truck with a gross weight of ten tons (20,000 lbs.), axles fourteen feet (14’) apart, and rear axle carrying eight tons (16,000 lbs.). Licensee shall be responsible for providing the SFPUC adequate evidence that its equipment and vehicles meet the foregoing requirements. (iii) Licensee shall not use vibrating compaction equipment without the SFPUC’s prior written approval, which approval may be given or withheld at the SFPUC’s sole discretion.
(iv) If the depth of the soil cover over the pipeline (determined by potholing or other proof procedure) is less than the minimum stated in subsection (i) above, unless an alternate method is approved by the SFPUC in writing, all excavation and grading over the pipeline shall be performed manually. For any machinery or equipment excavation and grading over and/or within twenty feet (20’) of each side of the centerline of the pipeline (measured on the surface), Licensee shall submit a written proposal together with all supporting calculations and data to the SFPUC for review and approval. In any case, the two feet (2’) of soil around the pipeline shall be removed manually or by other methods approved by the SFPUC with due care as provided in Section 5(e) [Exercise of Due Care].
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(j) Hours of Operation: Licensee shall only perform Running Course maintenance activities on the License Area during the hours of 7:00 AM to 4:00 PM, Monday thru Friday, unless weekend maintenance is otherwise approved in writing by the SFPUC Watershed Resources Manager. Licensee shall only operate its running event activities on the License Area during the hours of 7:00 AM to 6:00 PM. The posted Running Course hours of operation for drop-in recreational use shall be sunrise to thirty (30) minutes prior to sunset.

7. License Fee(s).
(a) Recurring Use Fee. In addition, throughout the term of this License beginning on the Commencement Date, Licensee shall pay to City a use fee in consideration of Licensee’s use of the License Area. Starting on the Commencement Date and until any adjustments permitted by this License, the use fee payable shall be in the amount of Three Thousand Dollars ($3,000) per year. The use fee shall be paid to City on a monthly basis in advance, without prior demand and without any deduction, setoff, or counterclaim whatsoever, on or before the first day of the term of this License and on or before the first day of each calendar month thereafter. The use fee for the first year or any partial month shall be prorated on the basis of a 30-day month. All sums payable by Licensee to City pursuant to this License shall be paid in cash or by cashier’s or certified check, or wire transfer to the City and County of San Francisco and delivered to City in care of the SFPUC Customer Service Bureau, Attn: Real Estate Billing, 525 Golden Gate Avenue, 3rd Floor, San Francisco, California, 94102, or such other place as City may designate in writing. Such use fee shall be prorated for any fractional month.
(b) Annual Increases. On each anniversary of the Commencement Date (the “Adjustment Date”), the annual use fee shall be adjusted to increase the then current annual fee by four percent (4%) of the annual fee for the year preceding such Adjustment Date. (c) Late Fees. Licensee acknowledges that late payment by Licensee to City of the use fee or other sums due under this License will cause City to incur costs not contemplated by this License, the exact amount of which will be extremely difficult to ascertain. Such costs include processing and accounting charges. Accordingly, if the use fee or any other sum due from Licensee shall not be received by City within fifteen (15) days after such amount shall be due, Licensee shall pay to City a late charge of One Hundred Fifty Dollars ($150). The Parties agree that such late charge represents a fair and reasonable estimate of the costs City will incur by reason of any late payment by Licensee. Acceptance of such late charge by City neither constitutes a waiver of Licensee’s default with respect to such overdue amount, nor prevents City from exercising any of the other rights and remedies available to City.

8. Insurance.
(a) Licensee shall procure and keep in effect at all times during the term of this License, at Licensee’s expense, and cause its contractors and subcontractors to maintain at all times during any construction activities on the License Area, insurance as follows: (i) Commercial General Liability Insurance with limits not less than $1,000,000 each occurrence combined single limit for bodily injury and property damage, including coverages for contractual liability, personal injury, Broad Form Property Damage, fire legal liability coverage with limits no less than $1,000,000, Sudden and Accidental Pollution, Products Liability, and Completed Operations; (ii) Business Automobile Liability Insurance with limits not less than $1,000,000 each occurrence combined single limit for bodily injury and property damage, including coverages for owned, non-owned, 412
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and hired automobiles, as applicable, if Licensee uses or causes to be used any vehicles in connection with its use of the License Area, and (iii) Workers’ Compensation Insurance, including employer’s liability coverage with limits of not less than $1,000,000 each accident.

Licensee shall have the right to self-insure with respect to any of the insurance requirements required under this License, to the extent permitted by applicable law. If Licensee elects to self-insure with respect to any of the insurance requirements required under this License, on or before the Commencement Date and upon written request by the SFPUC, within thirty (30) days of the commencement of each year thereafter, Licensee shall submit to the SFPUC a certificate of self-insurance signed by a duly authorized representative of Licensee, such certificate evidencing that Licensee’s self-insurance program is adequately funded, in full force and effect and in compliance with and subject to all the terms, agreements, covenants, conditions and provisions of this License. If Licensee elects to self-insure, Licensee shall give City prompt written notice of any significant change in or the depletion of its self-insurance fund. Notwithstanding the foregoing, Licensee is also responsible for causing any contractors, subcontractors, and/or Agents to maintain commercially reasonable insurance coverages and coverage limits as required under this License.

Any deductibles or self-insured retentions must be declared. All deductibles and selfinsured retentions shall be paid by Licensee.

With respect to any claim, loss, or liability that would have been covered by the insurance policies (including the status as an “additional insured” thereunder of City, the SFPUC, and their respective Agents and Employees) required by this License to be maintained by Licensee but within the self-insured retention or deductible amount, Licensee shall cover such claim, loss, or liability on the same basis as the insurance arrangements or deductibles on such insurance policies, including such insurance carrier responsibility to protect City, the SFPUC, and their respective Agents and Employees as an “additional insured.”
(b) All policies required by this License shall provide for the following: (i) be issued by one or more companies of recognized responsibility authorized to do business in the State of California with financial rating of at least a Class A- VIII (or its equivalent successor) status, as rated in the most recent edition of A.M. Best’s “Best’s Insurance Reports;” (ii) name as additional insureds the City and County of San Francisco, its Public Utilities Commission and its commissioners, officers, agents, and employees; (iii) specify that such policies are primary insurance to any other insurance available to the additional insureds, with respect to any claims arising out of this License and that insurance applies separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limit of liability; and (iv) include a waiver of subrogation endorsement or provision wherein the insurer acknowledges acceptance of Licensee’s waiver of claims against City. Such policies shall also provide for severability of interests and that an act or omission of one of the named insureds which would void or otherwise reduce coverage shall not reduce or void the coverage as to any insured, and shall afford coverage for all claims based on acts, omissions, injury, or damage that occurred or arose (or the onset of which occurred or arose) in whole or in part during the policy period. [Sudden and Accidental Pollution coverage in the liability policies required by this License shall be limited to losses resulting from Licensee’s activities (and Licensee’s Agents and Invitees) under this License (excluding nonnegligent aggravation of existing conditions with respect to Hazardous Materials).]
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(c) Licensee shall provide thirty (30) days’ advance written notice to City of cancellation, intended non-renewal, or reduction in coverages, except for non-payment for which no less than ten (10) days’ notice shall be provided to City. Within one (1) business day of receiving any notice from its insurance provider or broker of intent to cancel or materially reduce, or cancellation, material reduction, or depletion of, its required coverage, Licensee shall provide a copy of such notice to City and take prompt action to prevent cancellation, material reduction, or depletion of coverage, reinstate or replenish the cancelled, reduced, or depleted coverage, or obtain the full coverage required by this Section 8 [Insurance] from a different insurer meeting the qualifications of this Section. Notice to City shall be mailed to the address(es) for City set forth in Section 31(a) [Notices] below.
(d) Prior to the Commencement Date of this License, Licensee shall deliver to City certificates of insurance and additional insured policy endorsements from insurers in a form satisfactory to City, evidencing the coverages required by this License, together with complete copies of the policies at City’s request. Licensee and its contractors shall submit or cause their respective insurance brokers to submit requested information through the Exigis insurance verification program designated by City or any successor program used by City for verification of Licensee and contractor insurance coverage. If Licensee shall fail to procure such insurance, or to deliver such policies or certificates, at its option, City may procure the same for the account of Licensee, and Licensee shall reimburse City for any costs so paid by City within five (5) business days after delivery to Licensee of bills therefor.
(e) Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit or provides that claims investigation or legal defense costs be included in such general annual aggregate limit, such general aggregate limit shall double the occurrence or claims limits specified above.
(f) Should any of the required insurance be provided under a claims-made form, Licensee shall maintain such coverage continuously throughout the term of this License and, without lapse, for a period of three (3) years beyond the License expiration or termination, to the effect that should any occurrences during the License term give rise to claims made after expiration or termination of the License, such claims shall be covered by such claims-made policies. (g) Upon City’s request, Licensee and City shall periodically review the limits and types of insurance carried pursuant to this Section. If the general commercial practice in the City and County of San Francisco is to carry liability insurance in an amount or coverage materially greater than the amount or coverage then being carried by Licensee for risks comparable to those associated with the License Area, then, at its sole discretion, City may require Licensee to increase the amounts or coverage carried by Licensee hereunder to conform to such general commercial practice.
(h) Licensee’s compliance with the provisions of this Section shall in no way relieve or decrease Licensee’s indemnification or other obligations under this License. Notwithstanding anything to the contrary in this License, this License shall terminate immediately, without notice to Licensee, upon the lapse of any required insurance coverage. At its expense, Licensee shall be responsible for separately insuring Licensee’s personal property.

9. Compliance with Laws. At its expense, Licensee shall conduct and cause to be conducted all activities on the License Area permitted by this License in a safe and reasonable manner and in 414
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compliance with all laws, statutes, ordinances, rules, regulations, policies, orders, edicts, and the like (collectively, “Laws”) of any governmental or other regulatory entity with jurisdiction (including the Americans with Disabilities Act) and all covenants, restrictions, and provisions of record, whether presently in effect or subsequently adopted and whether or not in the contemplation of the Parties. At its sole expense, Licensee shall procure and maintain in force at all times during its use of the License Area any and all business and other licenses or approvals necessary to conduct the activities allowed by this License. City is entering into this License in its capacity as a property owner with a proprietary interest in the License Area and not as a regulatory agency with police powers. No approval by City for purposes of this License shall be deemed to constitute approval of any federal, state, City, or other local regulatory authority with jurisdiction, and nothing in this License shall limit Licensee’s obligation to obtain all such regulatory approvals at Licensee’s sole cost, or limit in any way City’s exercise of its police powers.

Licensee will keep itself fully informed of City’s Charter, codes, ordinances and regulations and all state and federal laws, rules and regulations affecting the performance of this License, and will at all times comply with such laws and regulations. Licensee agrees that if Licensee will use any contractors to perform the License, Licensee is responsible for ensuring that the contractor maintain its good standing as a corporation, nonprofit entity, limited liability company, partnership, joint venture, or similar legal entity at all times during the term of this License. This agreement to maintain good standing includes, without limitation, any contractor’s continued timely submission of all required information and payments when due to the California Secretary of State, Franchise Tax Board, Internal Revenue Service, California Attorney General’s Registry of Charitable Trusts, or any other applicable agency or entity. Licensee will immediately notify City of any change in its eligibility to perform under this License. Upon City request, Licensee will provide documentation demonstrating its or its contractor’s compliance with all applicable legal requirements. Any failure by Licensee or any of its contractors to remain in good standing with applicable requirements will be a material breach of this License.

10. Intentionally omitted.

11. Monuments.
(a) By its execution and delivery of this License, Licensee acknowledges that the monuments shown on the attached Exhibit B, if any, are in place and in good condition. During the installation of any permitted improvements to, or alterations of, the License Area pursuant to this License and at all times during Licensee’s use of the License Area, Licensee shall protect and safeguard City’s monuments. Licensee shall promptly notify City if Licensee becomes aware of any change in the condition of City’s monuments, regardless of the cause of such change. (b) If Licensee damages a monument necessitating resurvey, repair, or replacement, as determined by City at its sole discretion, Licensee shall survey, file a land surveyor’s map in the County Office, and install a replacement monument within thirty (30) days of completion of work authorized under this License, all at Licensee’s expense and to City’s satisfaction. A recorded surveyor’s map shall be furnished by Licensee to the SFPUC for its records. (c) During the term of this License, City may replace missing monuments or install new monuments. When City replaces missing monuments or installs new monuments, City shall give Licensee written notice of such replacement or installation. Upon deposit of such notice in 415
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the U.S. mail by City, postage prepaid, Licensee shall assume the protection and replacement responsibilities set forth in this License.
(d) If Licensee shall be required by City to install monuments marking City’s right of way, City may select the locations of the monuments. Monuments shall be of the same type and quality used by City for its pipeline facilities. In addition to the monuments, Licensee shall install a “marker post” next to the monuments. Each marker post shall be four inches (4”) by four inches (4”) by five feet (5’), redwood, set two feet (2’) into the ground, painted with two coats of white paint and with black letters “SFWD” painted on two (2) sides of the post. All monuments to be installed shall be subject to City’s prior written approval. In connection with such approval, City shall have the right to charge a reasonable inspection fee.

12. Removal or Alteration of Facilities or Improvements. Without limiting City’s rights under this License, at City’s written request, Licensee shall promptly alter or remove, at its sole expense, any and all improvements, plantings, or other property installed or placed in, on, under, or about the License Area by Licensee, as may be necessary to avoid any actual or potential interference with the installation, construction, maintenance, operation, repair, replacement, or removal of any of City’s pipelines, power lines, facilities, or other structures now or later constructed or with any other operations or land uses by City. In the request, City may specify reasonable time limits for completion of the work. If, after such written notice, Licensee fails to complete the requested work within the prescribed time limits, City may perform the requested work and charge Licensee all costs and expenses so incurred by City. Such amount shall be due and payable upon City’s demand. In the event of an emergency, at City’s sole option, at Licensee’s sole expense, and without notice, City may, alter, remove, or protect any and all facilities, improvements, plantings, or other property installed or placed in, on, under, or about the License Area by Licensee except for utility facilities owned by either a private company or a public agency that are necessary for operations after an emergency as determined by City at its sole discretion.

Upon City’s written or oral notice that an emergency exists, the owner of such utility facilities shall take immediate action at its sole expense to protect, remove, or relocate such facilities as required by City to meet the emergency.

13. Interruption or Disruption of License Area. Without limiting City’s rights under this License or any applicable Laws, if Licensee’s use of the License Area is interrupted or disrupted for any reason in connection with City activities on or near the License Area, at its sole cost, Licensee will be responsible for: (a) all costs of alteration, removal, and/or restoration (in accordance with this License, if authorized by City) of Licensee’s improvements or alterations to a condition similar to that which existed prior to such interruption, disruption, alteration, or removal, and (b) the implementation or satisfaction of all mitigation measures or obligations that arise under applicable Laws, including the California Environmental Quality Act (“CEQA”), related to any interruption or disruption of Licensee’s use of the License Area. City will not be responsible for mitigation of any potential recreational use impacts or other impacts associated with any interruption or disruption of use of the License Area, or any related costs. Should City’s rights, as provided for in this License, necessitate the relocation of any of Licensee’s recreational or other facilities within the License Area, Licensee agrees to provide, at Licensee’s cost and expense, temporary alternate recreational or other facilities (as applicable) on Licensee’s property adjacent to the License Area if available, but otherwise on property outside of the License Area and not on City property. In addition to Licensee’s obligations set forth above in this Section, Licensee assumes full financial responsibility, including reimbursement to the City, for costs 416
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arising from the presence of or Licensee’s removal and/or relocation of Licensee’s uses, improvements or alterations located or occurring on the License Area, including the cost of any environmental review, administrative proceedings, or community protests, or costs associated with any delays to maintenance or operation of SFPUC facilities.

Licensee will perform its obligations under this Section promptly. This License remains revocable and City is not obligated to allow Licensee to restore or replace Licensee’s improvements or alterations, or to allow Licensee to modify its improvements or alterations to accommodate changes to the License Area, following a disruption.

City would not be willing to give this License absent Licensee’s assurances under this Section 13, and Licensee expressly assumes all liability or obligations that may arise under this Section 13.

14. Signs. Except for any pipeline markers required by City or any regulatory agency with jurisdiction, signage reasonably necessary for Licensee to fulfill its communications obligations pursuant to Section 5(r) [Communications] above, and permanent signage with rules, regulations, hours of use, and contact information, Licensee shall not place, erect, or maintain any sign, advertisement, banner, or similar object in, on, or about the License Area without City’s prior written consent, which shall not be unreasonably withheld; provided, however, that, without City’s prior written consent, if necessary for Licensee’s construction use, Licensee may place in the License Area a temporary sign of less than thirty (30) days’ duration that does not penetrate the ground surface.

15. Surrender. Upon (a) the expiration of the Term or upon its early termination by Licensee pursuant to Section 2(b) [Term of License] above or (b) within ten (10) days after any other revocation or termination of this License, Licensee shall surrender the License Area in the same condition as received, and broom clean, free from hazards, and clear of all debris. At such time, Licensee shall remove all of its property from the License Area and any signs and, upon City’s request, any other structures, improvements, or alterations placed on the License Area during the term of this License (including the Running Course and all other improvements identified in Section 5(l) [Responsibility for Maintenance of License Area and Licensee’s Facilities] above), and shall repair, at its cost, any damage to the License Area caused by such removal. Licensee’s obligations under this Section shall survive any termination of this License.

16. Repair of Damage. If any portion of the License Area or any City property located on or about the License Area is damaged or threatened by any of the activities conducted by Licensee or anyone acting by or through Licensee, at its sole cost, Licensee shall immediately notify City of such damage or threat by (a) telephoning the SFPUC’s dispatch operator as specified in Section 31(b) [Notices], and (b) providing written notice in accordance with Section 31(a) [Notices]. City may, but shall not be obligated to, remedy such damage or threat at Licensee’s sole cost, or City may elect to witness Licensee’s repair work. If City elects not to remedy such damage or threat, Licensee shall repair any and all such damage and restore the License Area or property to its previous condition subject to City’s inspection, review, and approval. City has no responsibility or liability of any kind with respect to any utilities that may be on, in, or under the License Area. Licensee is solely responsible for the location of any such utilities and other existing facilities and their protection from damage. Licensee shall be solely responsible to arrange and pay directly for any utilities or services necessary for its activities pursuant to this License; provided, Licensee shall obtain City’s prior written approval to the provision of such services or utilities in, on, under, or through the License Area.
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17. City’s Right to Cure Defaults by Licensee. If Licensee fails to perform any of its obligations under this License to restore the License Area, remove or alter any of Licensee’s improvements or alterations, or repair damage, or if Licensee defaults in the performance of any of its other obligations under this License, then, at its sole option, City may remedy such failure for Licensee’s account and at Licensee’s expense by providing Licensee with three (3) days’ prior written or oral notice of City’s intention to cure such default (except that no such prior notice shall be required in the event of an emergency as determined by City). Such action by City shall not be construed as a waiver of any of City’s rights or remedies under this License, and nothing in this License shall imply any duty of City to do any act that Licensee is obligated to perform. Licensee shall pay to City upon demand, all costs, damages, expenses, or liabilities incurred by City, including reasonable attorneys’, experts’, and consultants’ fees, in remedying or attempting to remedy such default. Licensee’s obligations under this Section shall survive the termination of this License.

18. No Costs to City. Licensee shall bear all costs or expenses of any kind or nature in connection with its use of the License Area, and shall keep the License Area free and clear of any liens or claims of lien arising out of or in any way connected with its use of the License Area.

19. Indemnity. Licensee shall indemnify, defend, reimburse, and hold harmless City, its officers, agents, employees, and contractors, and each of them, from and against any and all demands, claims, legal or administrative proceedings, losses, costs, penalties, fines, liens, judgments, damages, and liabilities of any kind (“Claims”), arising in any manner out of (a) any injury to or death of any person or damage to or destruction of any property occurring in, on, or about any part of the License Area or any other City property used or accessed under this License, whether such injury, death, damage, or destruction is caused by the person or property of Licensee, its officers, directors, members, employees, agents, consultants, contractors, or subcontractors (collectively, “Agents”), its invitees, guests, or business visitors (collectively, “Invitees”), or third persons, relating to any use or activity under this License, (b) any failure by Licensee to faithfully observe or perform any of the terms, covenants, or conditions of this License, (c) the use of the License Area or any activities conducted on the License Area by Licensee, its Agents, or Invitees, (d) any release or discharge, or threatened release or discharge, of any Hazardous Material caused or allowed by Licensee, its Agents, or Invitees, on, in, under, or about the License Area, any improvements or into the environment, (e) any failure by Licensee to faithfully observe or perform any terms, covenants, or conditions of the Recorded Documents to the extent that such terms, covenants, or conditions relate to or are triggered by the work to be performed or improvements or alterations installed pursuant to this License, (f) issuance of this License, or (g) claims that this License or Licensee’s use does not comply with applicable law (including but not limited to the California Environmental Quality Act); except to the extent of Claims resulting directly from the gross negligence or willful misconduct of City or City’s authorized representatives. In addition to Licensee’s obligation to indemnify City, Licensee has an immediate and independent obligation to defend City from any claim that actually or potentially falls within this indemnity provision even if such allegation is or may be groundless, fraudulent, or false, which obligation arises at the time such claim is tendered to Licensee by City and continues at all times thereafter. The foregoing indemnity shall include reasonable attorneys’, experts’, and consultants’ fees and costs, investigation and remediation costs, and all other reasonable costs and expenses incurred by the indemnified parties, including damages for decrease in the value of the License Area and claims for damages or decreases in the value of adjoining property. Licensee’s obligations under this Section shall survive the expiration or other termination of this License. 418
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20. Waiver of Claims.
(a) Neither City nor any of its commissions, departments, boards, officers, agents, or employees shall be liable for any damage to the property of Licensee, its officers, agents, employees, contractors, or subcontractors, or their employees, or for any bodily injury or death to such persons, resulting or arising from the condition of the License Area or its use by Licensee, or Licensee’s Agents or Invitees.
(b) Because this License is freely revocable by City, Licensee expressly assumes the risk of making any expenditure in connection with this License, even if such expenditures are substantial. Without limiting any indemnification obligations of Licensee or other waivers contained in this License and as a material part of the consideration for this License, Licensee fully RELEASES, WAIVES, AND DISCHARGES forever any and all claims, demands, rights, and causes of action against, and covenants not to sue, City, its departments, commissions, officers, directors, and employees, and all persons acting by, through, or under each of them, under any present or future Laws, including any claim for inverse condemnation or the payment of just compensation under law or equity, if City exercises its right to revoke or terminate this License. (c) Licensee acknowledges that it will not be a displaced person at the time this License is terminated or revoked or expires by its own terms, and Licensee fully RELEASES, WAIVES, AND DISCHARGES forever any and all claims, demands, rights, and causes of action against, and covenants not to sue, City, its departments, commissions, officers, directors, and employees, and all persons acting by, through, or under each of them, under any present or future Laws, including any and all claims for relocation benefits or assistance from City under federal and state relocation assistance laws.
(d) The fees payable pursuant to this License do not take into account any potential City liability for any consequential or incidental damages including lost profits and arising out of disruption to or any improvements or alterations installed pursuant to this License; or Licensee’s uses of the License Area permitted by this License. City would not be willing to grant this License in the absence of a waiver of liability for consequential or incidental damages resulting from the acts or omissions of City or its departments, commissions, officers, directors, and employees, and by all persons acting by, through, or under each of them, and Licensee expressly assumes the risk with respect thereto. Accordingly, without limiting any indemnification obligations of Licensee or other waivers contained in this License and as a material part of the consideration for this License, Licensee fully RELEASES, WAIVES, AND DISCHARGES forever any and all claims, demands, rights, and causes of action against for consequential and incidental damages (including lost profits) and covenants not to sue for such damages City, its departments, commissions, officers, directors, and employees, and all persons acting by, through, or under each of them, arising out of this License or the uses authorized under this License, including any interference with uses conducted by Licensee pursuant to this License, regardless of the cause, and whether or not due to the negligence of City or its departments, commissions, officers, directors, and employees, and all persons acting by, through, or under each of them, except for the gross negligence and willful misconduct of City or its departments, commissions, officers, directors, and employees, and all persons acting by, through, or under each of them. (e) As part of Licensee’s agreement to accept the License Area in its “As Is” condition as provided below, and without limiting such agreement, Licensee, on behalf of itself and its successors and assigns, waives its right to recover from, and forever releases and discharges, City 419
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and its officers, agents, and employees, and their respective heirs, successors, administrators, personal representatives, and assigns, from any and all Claims, whether direct or indirect, known or unknown, foreseen and/or unforeseen, that may arise on account of or in any way be connected with the physical or environmental condition of the License Area and any related improvements or any applicable Laws or the suitability of the License Area for Licensee’s intended use. (f) In connection with the foregoing releases, Licensee acknowledges that it is familiar with Section 1542 of the California Civil Code, which reads:

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.

Licensee acknowledges that the releases contained in this License include all known and unknown, disclosed and undisclosed, and anticipated and unanticipated claims. Licensee realizes and acknowledges that it has agreed upon this License in light of this realization and, being fully aware of this situation, it nevertheless intends to waive the benefit of California Civil Code Section 1542, or any statute or other similar law now or later in effect. The releases contained in this License shall survive any termination of this License.

21. As Is Condition of License Area; Disability Access; Disclaimer of Representations.

Licensee accepts the License Area in its “AS IS” condition, without representation or warranty of any kind by City, its departments, commissions, officers, directors, and employees, and all persons acting by, through, or under each of them, and subject to all applicable Laws governing the use of the License Area. Without limiting the foregoing, this License is made subject to any and all existing and future covenants, conditions, restrictions, easements, encumbrances, and other title matters affecting the License Area, whether foreseen or unforeseen, and whether such matters are of record or would be disclosed by an accurate inspection or survey.

City discloses (i) City has not been issued a disability access inspection certificate as described in California Civil Code Section 55.53(e), (ii) pursuant to California Civil Code Section 1938, that City has not ordered, performed, or caused to be performed, a Certified Access Specialist (“CASp”) inspection of the License Area (sometimes referred to as “premises” or “subject premises” for the herein disclosures), and (iii) City makes the following statutory disclosure per California Civil Code Section 1938 (the required “CASp Disclosure”):
“A Certified Access Specialist (“CASp”) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The Parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises.”

22. No Assignment. This License is personal to Licensee and shall not be assigned, conveyed, or otherwise transferred by Licensee under any circumstances. Any attempt to assign, convey, or 420
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otherwise transfer this License shall be null and void and cause the immediate termination and revocation of this License.

23. Cessation of Use. During the Term, Licensee will not terminate its activities on the License Area pursuant to this License without prior written notice to City.

24. No Joint Ventures or Partnership; No Authorization. This License does not create a partnership or joint venture between City and Licensee as to any activity conducted by Licensee on, in, or relating to the License Area. Licensee is not a state actor with respect to any activity conducted by Licensee on, in, under or around the License Area. City’s provision of this License does not constitute City’s authorization or approval of any activity conducted by Licensee on, in, around, or relating to the License Area.

25. MacBride Principles - Northern Ireland. The provisions of San Francisco Administrative Code Section 12F are incorporated into and made a part of this License by this reference. By signing this License, Licensee confirms that Licensee has read and understood that City urges companies doing business in Northern Ireland to resolve employment inequities and to abide by the MacBride Principles, and urges San Francisco companies to do business with corporations that abide by the MacBride Principles.

26. Non-Discrimination in City Contracts and Benefits Ordinance. (a) Covenant Not to Discriminate. In the performance of this License, Licensee shall not discriminate against any employee of, any City employee working with Licensee, or applicant for employment with, Licensee, or against any person seeking accommodations, advantages, facilities, privileges, services, or membership in all business, social, or other establishments or organizations, on the basis of the fact or perception of a person’s race, color, creed, religion, national origin, ancestry, age, height, weight, sex, sexual orientation, gender identity, domestic partner status, marital status, disability or Acquired Immune Deficiency Syndrome or HIV status (AIDS/HIV status), or association with members of such protected classes, or in retaliation for opposition to discrimination against such classes.
(b) Other Subcontracts. Licensee shall include in all subcontracts relating to the License Area a non-discrimination clause applicable to such subcontractor in substantially the form of subsection (a) [Covenant Not to Discriminate] above. In addition, Licensee shall incorporate by reference in all subcontracts the provisions of Sections 12B.2(a), 12B.2(c)-(k), and 12C.3 of the San Francisco Administrative Code and shall require all subcontractors to comply with such provisions. Licensee’s failure to comply with the obligations in this subsection shall constitute a material breach of this License.
(c) Non-Discrimination in Benefits. Licensee does not as of the date of this License and will not during the term of this License, in any of its operations in San Francisco, on real property owned by City, or where the work is being performed for City or elsewhere within the United States, discriminate in the provision of bereavement leave, family medical leave, health benefits, membership or membership discounts, moving expenses, pension and retirement benefits, or travel benefits, as well as any benefits other than the benefits specified above, between employees with domestic partners and employees with spouses, and/or between the domestic partners and spouses of such employees, where the domestic partnership has been registered with 421
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a governmental entity pursuant to state or local law authorizing such registration, subject to the conditions set forth in Section 12B.2(b) of the San Francisco Administrative Code. (d) Condition to License. As a condition to this License, Licensee shall execute the “Chapter 12B Declaration: Nondiscrimination in Contracts and Benefits” form (Form CMD-12B101) with supporting documentation and secure the approval of the form by the San Francisco San Francisco Contract Monitoring Division (the “CMD”). Licensee represents that prior to execution of this License, (i) Licensee executed and submitted to the CMD Form CMD-12B-101 with supporting documentation, and (ii) the CMD approved the form. (e) Incorporation of Administrative Code Provisions by Reference. The provisions of Chapters 12B and 12C of the San Francisco Administrative Code relating to non-discrimination by parties contracting for the license of City property are incorporated in this Section by reference and made a part of this License as though fully set forth. Licensee shall comply fully with and be bound by all of the provisions that apply to this License under such Chapters of the San Francisco Administrative Code, including the remedies provided in such Chapters. Without limiting the foregoing, Licensee understands that pursuant to Section 12B.2(h) of the San Francisco Administrative Code, a penalty of $50 for each person for each calendar day during which such person was discriminated against in violation of the provisions of this License may be assessed against Licensee and/or deducted from any payments due Licensee.

27. Requiring Health Benefits for Covered Employees. To the extent applicable and unless exempt or preempted by other Laws, Licensee shall comply fully with and be bound by all of the provisions of the Health Care Accountability Ordinance (“HCAO”), as set forth in San Francisco Administrative Code Chapter 12Q (“Chapter 12Q”), including the implementing regulations, as the same may be amended or updated from time to time. The provisions of Chapter 12Q are incorporated into this License by reference and made a part of this License as though fully set forth. The text of the HCAO is currently available on the web at http://www.sfgov.org/olse/hcao.

Capitalized terms used in this Section and not defined in this License shall have the meanings assigned to such terms in Chapter 12Q.
(a) For each Covered Employee Licensee shall provide the applicable health benefit set forth in Section 12Q.3 of the HCAO. If Licensee chooses to offer the health plan option, such health plan shall meet the minimum standards set forth by the San Francisco Health Commission. (b) Notwithstanding the above, if Licensee meets the requirements of a “small business” as described in Section 12Q.3(d) of the HCAO, it shall have no obligation to comply with subsection (a) above.
(c) Licensee’s failure to comply with any applicable requirements of the HCAO shall constitute a material breach by Licensee of this License and City’s remedies shall be those set forth in the HCAO. If, within thirty (30) days after receiving City’s written notice of a breach of this License for violating the HCAO, Licensee fails to cure such breach or, if such breach cannot reasonably be cured within such 30-day period, Licensee fails to commence efforts to cure within such period, or thereafter fails to diligently pursue such cure to completion, City shall have the remedies set forth in Section 12Q.5(f)(1-5). Each of these remedies shall be exercisable individually or in combination with any other rights or remedies available to City. 422
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(d) Any Contract or Subcontract regarding services to be performed on the License Area entered into by Licensee shall require the Contractors and Subcontractors, as applicable, to comply with the requirements of the HCAO and shall contain contractual obligations substantially the same as those set forth in this Section. Licensee shall notify the Purchasing Department when it enters into such a Contract or Subcontract and shall certify to the Purchasing Department that it has notified the Contractor or Subcontractor of the obligations under the HCAO and has imposed the requirements of the HCAO on the Contractor or Subcontractor through written agreement with such Contractor or Subcontractor. Licensee shall be responsible for ensuring compliance with the HCAO by each Contractor and Subcontractor performing services on the License Area. If any Contractor or Subcontractor fails to comply, City may pursue the remedies set forth in this Section against Licensee based on the Contractor’s or Subcontractor’s failure to comply, provided that the Contracting Department has first provided Licensee with notice and an opportunity to cure the violation.
(e) Licensee shall not discharge, reprimand, penalize, reduce the compensation of, or otherwise discriminate against, any employee for notifying City of any issue relating to the HCAO, for opposing any practice proscribed by the HCAO, for participating in any proceedings related to the HCAO, or for seeking to assert or enforce any rights under the HCAO by any lawful means. (f) Licensee represents and warrants that it is not an entity that was set up, or is being used, for the purpose of evading the requirements of the HCAO. (g) Licensee shall keep itself informed of the requirements of the HCAO, as they may change from time to time.
(h) Upon request, Licensee shall provide reports to City in accordance with any reporting standards promulgated by City under the HCAO, including reports on Subcontractors or Contractors.
(i) Within five (5) business days after any request by City, Licensee shall provide City with access to pertinent records relating to any Licensee’s compliance with the HCAO. In addition, City and its officers, agents, and employees may conduct random audits of Licensee at any time during the term of this License. Licensee shall cooperate with City in connection with any such audit.

28. Notification of Limitations on Contributions. Licensee acknowledges that it is familiar with Section 1.126 of the San Francisco Campaign and Governmental Conduct Code, which prohibits any person who contracts with City for the selling or leasing of any land or building to or from City whenever such transaction would require the approval by a City elective officer, the board on which that City elective officer serves, or a board on which an appointee of that individual serves, from making any campaign contribution to (a) the City elective officer, (b) a candidate for the office held by such individual, or (c) a committee controlled by such individual or candidate, at any time from the commencement of negotiations for the contract until the later of either the termination of negotiations for such contract or twelve months after the date the contract is approved. Licensee acknowledges that the foregoing restriction applies only if the contract or a combination or series of contracts approved by the same individual or board in a fiscal year have a total anticipated or actual value of $100,000 or more. Licensee further acknowledges that (i) the prohibition on contributions applies to each Licensee; each member of Licensee’s board of directors, and Licensee’s chief executive officer, chief financial officer, and chief operating 423
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officer; any person with an ownership interest of more than ten percent (10%) in Licensee; any subcontractor listed in the contract; and any committee that is sponsored or controlled by Licensee; and (ii) within thirty (30) days of the submission of a proposal for the contract, the City department seeking to enter into the contract must notify the Ethics Commission of the parties and any subcontractor to the contract. Additionally, Licensee certifies it has informed each of the persons described in the preceding sentence of the prohibitions contained in Section 1.126 by the time it submitted a proposal for the contract to the City, and has provided the names of the persons required to be informed to the City department seeking to enter into that contract within thirty (30) days of submitting its contract proposal to the City department receiving that submittal, and acknowledges the City department receiving that submittal was required to notify the Ethics Commission of those persons.

29. Tropical Hardwoods and Virgin Redwoods. City urges companies not to import, purchase, obtain, or use for any purpose, any tropical hardwood, tropical hardwood wood product, virgin redwood, or virgin redwood wood product, except as expressly permitted by the application of Sections 802(b) and 803(b) of the San Francisco Environment Code. Except as permitted by the application of Sections 802(b) and 803(b), Licensee shall not use or incorporate any tropical hardwood, tropical hardwood wood product, virgin redwood, or virgin redwood wood product in the performance of this License.

30. Taxes, Assessments, Licenses, License Fees, and Liens. (a) Licensee recognizes and understands that this License may create a possessory interest subject to property taxation and that Licensee may be subject to the payment of property taxes levied on such interest. Licensee further recognizes and understands that any transfer or assignment permitted under this License and any exercise of any option to renew or extend this License may constitute a change in ownership for purposes of property taxation and therefore may result in a revaluation of any possessory interest created hereunder. (b) Licensee shall pay taxes of any kind, including possessory interest taxes, that may be lawfully assessed on the interest created by this License and shall pay all other taxes, excises, licenses, permit charges, and assessments based on Licensee’s usage of the License Area that may be imposed upon Licensee by law, all of which shall be paid when the same become due and payable and before delinquency.
(c) Licensee shall not allow or suffer a lien for any such taxes or charges to be imposed upon the License Area or upon any equipment or property located on the License Area without promptly discharging the same, provided that Licensee may contest the validity of the same by paying under protest or posting adequate (at City’s sole discretion) security during any such contest.

31. Notices.
(a) Any notice, consent, or approval required or permitted to be given under this License shall be in writing and shall be given by (i) hand delivery, against receipt, (ii) reliable next-business-day courier service that provides confirmation of delivery, or (iii) United States registered or certified mail, postage prepaid, return receipt required, and addressed as follows (or to such other address as either Party may from time to time specify in writing to the other Party upon five (5) days’ prior, written notice in the manner provided above):
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26 Rev August 2020
City or the SFPUC: Real Estate Services Division
San Francisco Public Utilities Commission
525 Golden Gate Avenue, 10th Floor
San Francisco, California 94102
Attn: Real Estate Director
Re: SMCCCD – Cross Country Track
License P3973A
Telephone No.: (415) 487-5210
Licensee: San Mateo County Community College District
3401 CSM Drive
San Mateo, CA 94402
Attn: Executive Vice Chancellor of Administrative
Services
Re: SMCCCD – Cross Country Track
License P3973A
Telephone No.: (650) 574-6550
Billing Address: San Mateo County Community College District 3401 CSM Drive San Mateo, CA 94402
Attn: Michele Rudovsky
Chief Facilities and Operations Officer
Re: SMCCCD – Cross Country Course
License P3973A
Telephone No.: (650) 358-6733
E-mail: [email protected]
A properly addressed notice transmitted by one of the foregoing methods shall be deemed received upon the confirmed date of delivery, attempted delivery, or rejected delivery, whichever occurs first. Any e-mail addresses, telephone numbers, or facsimile numbers provided by one Party to the other shall be for convenience of communication only; neither Party may give official or binding notice orally or by e-mail or facsimile. The effective time of a notice shall not be affected by the receipt, prior to receipt of the original, of an oral notice or an e-mail or telefacsimile copy of the notice.
(b) Running Course operations, maintenance activities, watershed, and lands impacts. Licensee shall contact the SFPUC’s Peninsula Watershed Manager by phone at (650) 652-3200 for any operational or maintenance activities that would affect the SFPUC’s watershed or impact the SFPUC’s land.
(c) Emergency Contacts. Licensee shall immediately notify the SFPUC’s Millbrae Dispatch facility by phone at (650) 872-5900 of any emergency or incident requiring emergency response.

32. Prohibition of Tobacco Sales and Advertising. Licensee acknowledges and agrees that no advertising of cigarettes or tobacco products is allowed on the License Area. This advertising prohibition includes the placement of the name of a company producing cigarettes or tobacco 425
27 Rev August 2020
products or the name of any cigarette or tobacco product in any promotion of any event or product. In addition, Licensee acknowledges and agrees that no Sales, Manufacture, or Distribution of Tobacco Products (as such capitalized terms are defined in Health Code Section 19K.1) is allowed on the License Area and such prohibition must be included in all subleases or other agreements allowing use of the License Area. The prohibition against Sales, Manufacture, or Distribution of Tobacco Products does not apply to persons who are affiliated with an accredited academic institution where the Sale, Manufacture, and/or Distribution of Tobacco Products is conducted as part of academic research.

33. Prohibition of Alcoholic Beverage Advertising. Licensee acknowledges and agrees that no advertising of alcoholic beverages is allowed on the License Area. This advertising prohibition includes the placement of the name of a company producing alcoholic beverages or the name of any alcoholic beverage in any promotion of any event or product.

34. Restrictions on the Use of Pesticides. Chapter 3 of the San Francisco Environment Code (the Integrated Pest Management Program Ordinance or “IPM Ordinance”) describes an integrated pest management (“IPM”) policy to be implemented by all City departments. Licensee shall not use or apply or allow the use or application of any pesticides on the License Area or contract with any person or entity to provide pest abatement or control services to the License Area without first receiving City’s written approval of an IPM plan that (a) lists, to the extent reasonably possible, the types and estimated quantities of pesticides that Licensee may need to apply to the License Area during the term of this License, (b) describes the steps Licensee will take to meet the City’s IPM Policy described in Section 300 of the IPM Ordinance and (c) identifies, by name, title, address, and telephone number, an individual to act as the Licensee’s primary IPM contact person with the City. Licensee shall comply, and shall require all of Licensee’s contractors to comply, with the IPM plan approved by the City and shall comply with the requirements of Sections 300(d), 302, 304, 305(f), 305(g), and 306 of the IPM Ordinance, as if Licensee were a City department.

Among other matters, such provisions of the IPM Ordinance: (i) provide for the use of pesticides only as a last resort, (ii) prohibit the use or application of pesticides on property owned by the City, except for pesticides granted an exemption under Section 303 of the IPM Ordinance (including pesticides included on the most current Reduced Risk Pesticide List compiled by City’s Department of the Environment), (iii) impose certain notice requirements, and (iv) require Licensee to keep certain records and to report to City all pesticide use at the License Area by Licensee’s staff or contractors.

If Licensee or Licensee’s contractor will apply pesticides to outdoor areas at the License Area, Licensee must first obtain a written recommendation from a person holding a valid Agricultural Pest Control Advisor license issued by the California Department of Pesticide Regulation (“CDPR”) and any such pesticide application shall be made only by or under the supervision of a person holding a valid, CDPR-issued Qualified Applicator certificate or Qualified Applicator license. City’s current Reduced Risk Pesticide List and additional details about pest management on City property can be found at the San Francisco Department of the Environment website, http://sfenvironment.org/ipm.

35. Conflict of Interest. Through its execution of this License, Licensee acknowledges that it is familiar with the provisions of Article III, Chapter 2 of City's Campaign and Governmental Conduct Code, and sections 87100 et seq. and sections 1090 et seq. of the Government Code of the State of California, and certifies that it does not know of any facts which would constitute a 426
28 Rev August 2020
violation of those provisions, and agrees that if Licensee becomes aware of any such fact during the term of this License, Licensee will immediately notify the City.

36. Disclosure. City’s Sunshine Ordinance (San Francisco Administrative Code Chapter 67) and the State Public Records Law (Gov’t Code Sections 6250 et seq.), apply to this License and any and all records, information, and materials submitted to City in connection with this License.

Accordingly, any and all such records, information, and materials may be subject to public disclosure in accordance with City’s Sunshine Ordinance and the State Public Records Law.

Licensee authorizes City to disclose any records, information, and materials submitted to City in connection with this License.

37. Food Service and Packaging Waste Reduction. Licensee shall comply fully with and be bound by all of the applicable provisions of the Food Service and Packaging Waste Reduction Ordinance, as set forth in the San Francisco Environment Code, Chapter 16, including the remedies provided therein, and implementing guidelines and rules. The provisions of Chapter 16 are incorporated into this License by this reference and made a part of this License as though fully set forth. Capitalized terms used in this Section that are not otherwise defined in this License have the same meaning assigned to such terms in San Francisco Environment Code, Chapter 16.

Accordingly, Licensee acknowledges that City contractors and lessees may not use Disposable Food Service Ware that contains Polystyrene Foam in City Facilities while performing under a City contract or lease, and shall instead use suitable Biodegradable/Compostable or Recyclable Disposable Food Service Ware. This provision is a material term of this License.

38. Disability Access. Pursuant to California Civil Code Section 1938, City hereby notifies Licensee that as of the date of this License, the License Area has not undergone inspection by a “Certified Access Specialist” in order to determine whether the License Area meets all applicable construction-related accessibility standards under California Civil Code Section 55.53.

39. Severability. If any provision of this License, or its application to any person, entity, or circumstance, shall be invalid or unenforceable, the remainder of this License, or the application of such provision to persons, entities, or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each other provision of this License shall be valid and be enforceable to the fullest extent permitted by law, except to the extent that enforcement of this License without the invalidated provision would be unreasonable or inequitable under all the circumstances or would frustrate a fundamental purpose of this License.

40. Cooperative Drafting. This License has been drafted through a cooperative effort of both Parties, and both Parties have had an opportunity to have the License reviewed and revised by legal counsel. No Party shall be considered the drafter of this License, and no presumption or rule that an ambiguity shall be construed against the Party drafting the clause shall apply to the interpretation or enforcement of this License.

41. Criminal History in Hiring and Employment Decisions. (a) Unless exempt, Licensee shall comply with and be bound by all of the provisions of San Francisco Administrative Code Chapter 12T (Criminal History in Hiring and Employment Decisions; “Chapter 12T”), which are hereby incorporated into this License by reference as the same may be amended from time to time, with respect to applicants and employees of Licensee who would be or are performing work at the License Area. Capitalized terms used in this Section 427
29 Rev August 2020
that are not otherwise defined in this License shall have the meanings assigned to such terms in Chapter 12T.
(b) Licensee shall incorporate by reference the provisions of Chapter 12T in all contracts to perform work within the License Area, and shall require all contractors to comply with such provisions. Licensee’s failure to comply with the obligations in this subsection shall constitute a material breach of the License.
(c) Licensee and its contractors performing work in the License Area shall not inquire about, require disclosure of, or if such information is received, base an Adverse Action on an applicant’s or potential applicant for employment, or employee’s: (i) Arrest not leading to a Conviction, unless the Arrest is undergoing an active pending criminal investigation or trial that has not yet been resolved; (ii) participation in or completion of a diversion or a deferral of judgment program; (iii) a Conviction that has been judicially dismissed, expunged, voided, invalidated, or otherwise rendered inoperative; (iv) a Conviction or any other adjudication in the juvenile justice system; (v) a Conviction that is more than seven years old, from the date of sentencing; or (vi) information pertaining to an offense other than a felony or misdemeanor, such as an infraction.
(d) Licensee and its contractors shall not inquire about or require applicants, potential applicants for employment, or employees to disclose on any employment application the facts or details of any conviction history, unresolved arrest, or any matter identified in subsection (c) above. Licensee and its contractors shall not require such disclosure or make such inquiry until either after the first live interview with the person, or after a conditional offer of employment. (e) Licensee and its contractors shall state in all solicitations or advertisements for employees that are reasonably likely to reach persons who are reasonably likely to seek employment with Licensee or its contractor at the License Area, that the Licensee or contractor will consider for employment qualified applicants with criminal histories in a manner consistent with the requirements of Chapter 12T.
(f) Licensee and its contractors shall post the notice prepared by the Office of Labor Standards Enforcement (“OLSE”), available on OLSE’s website, in a conspicuous place at the License Area and at other workplaces within San Francisco where interviews for job opportunities at the License Area. The notice shall be posted in English, Spanish, Chinese, and any language spoken by at least five percent (5%) of the employees at the License Area or other workplace at which it is posted.
(g) Upon any failure to comply with the requirements of Chapter 12T, City shall have the right to pursue any rights or remedies available under Chapter 12T or the License, including a penalty of $50 for a second violation and $100 for a subsequent violation for each employee, applicant, or other person as to whom a violation occurred or continued, or termination or suspension in whole or in part of the License.
(h) If Licensee has any questions about the applicability of Chapter 12T, it may contact City’s Real Estate Division for additional information. City’s Real Estate Division may consult with the Director of City’s Office of Contract Administration who may also grant a waiver, as set forth in Section 12T.8.
428
30 Rev August 2020

42. San Francisco Packaged Water Ordinance. Licensee shall comply with San Francisco Environment Code Chapter 24 (“Chapter 24”). Licensee shall not sell, provide or otherwise distribute Packaged Water, as defined in Chapter 24 (including bottled water), in the performance of this License or on City property unless Licensee obtains a waiver from the City’s Department of the Environment. If Licensee violates this requirement, the City may exercise all remedies in this License and the Director of the City’s Department of the Environment may impose administrative fines as set forth in Chapter 24.

43. General Provisions. (a) This License may be amended or modified only by a writing signed by City and Licensee. (b) No waiver by any Party of any of the provisions of this License shall be effective unless in writing and signed by an officer or other authorized representative, and only to the extent expressly provided in such written waiver. No waiver shall be deemed a subsequent or continuing waiver of the same, or any other, provision of this License. (c) The exhibits referenced in and attached to this instrument are incorporated into this License. (d) This License contains the entire agreement between the Parties regarding the subject matter of this License, and all prior written or oral negotiations, discussions, understandings, and agreements are merged into this License. (e) The section and other headings of this License are for convenience of reference only and shall be disregarded in the interpretation of this License. (f) Time is of the essence in all matters relating to this License. (g) This License shall be governed by California law and City’s Charter. (h) If either Party commences an action against the other or a dispute arises under this License, the prevailing Party shall be entitled to recover from the other reasonable attorneys’ fees and costs. For purposes of this License and the indemnifications set forth in this License, reasonable attorneys’ fees of City shall be based on the fees regularly charged by private attorneys in San Francisco with comparable experience notwithstanding City’s use of its own attorneys. (i) If Licensee consists of more than one person then the obligations of each person shall be joint and several. (j) Licensee may not record this License or any memorandum of this License. (k) Subject to the prohibition against assignments or other transfers by Licensee hereunder, this License shall be binding upon and inure to the benefit of the Parties and their respective heirs, representatives, successors, and assigns. (l) Any sale or conveyance of the property burdened by this License by City shall automatically revoke this License. (m) Notwithstanding anything to the contrary contained in this License, no officer or employee of City has authority to commit City to this License unless and until a resolution of the SFPUC shall have been duly adopted approving this License and authorizing the transaction contemplated by this License. Therefore, any of City’s obligations or liabilities pursuant to or under this License are contingent upon enactment of such a resolution, and this License shall be null and void if, at its sole discretion, the SFPUC does not approve this License. (n) Each of the persons executing this License on Licensee’s behalf do hereby covenant and warrant that Licensee is a duly authorized and existing entity, that Licensee is qualified to do business in California, that Licensee has full right and authority to enter into this License, and that each and all of the persons signing on behalf of Licensee are authorized to do so. Upon City’s request, Licensee shall provide City with evidence reasonably satisfactory to City confirming the foregoing representations and warranties. (o) Except as expressly provided to the contrary, all approvals, consents, and determinations to be made by City under this License may be made at City’s sole and absolute discretion. (p) Whenever this License requires City’s or the SFPUC’s consent or approval, the General Manager of the SFPUC, or his or her designee, shall be authorized to provide such consent or approval, except as otherwise provided by applicable Laws, including City’s Charter, or by the SFPUC’s Real Estate Guidelines. No consent, approval, election, or option shall be effective unless given, made, or exercised in writing. (q) This License may be executed in two or more 429
31 Rev August 2020
counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. (r) Use of the word “including” or similar words will not be construed to limit any general term, statement, or other matter in this License, whether or not language of non-limitation, such as “without limitation” or similar words, are used.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS LICENSE,

NO OFFICER OR EMPLOYEE OF CITY HAS AUTHORITY TO COMMIT CITY TO THIS LICENSE UNLESS AND UNTIL CITY’S PUBLIC UTILITIES COMMISSION SHALL HAVE

DULY ADOPTED A RESOLUTION APPROVING THIS LICENSE AND AUTHORIZING THE TRANSACTIONS CONTEMPLATED IN THIS LICENSE. THEREFORE, ANY

OBLIGATIONS OR LIABILITIES OF CITY UNDER THIS LICENSE ARE CONTINGENT

UPON ADOPTION OF SUCH A RESOLUTION, AND THIS LICENSE SHALL BE NULL AND VOID IF CITY’S PUBLIC UTILITIES COMMISSION DOES NOT APPROVE THIS LICENSE, AT ITS SOLE DISCRETION. APPROVAL OF THIS LICENSE BY ANY

DEPARTMENT, COMMISSION, OR AGENCY OF CITY SHALL NOT BE DEEMED TO

IMPLY THAT SUCH RESOLUTION WILL BE ENACTED, NOR WILL ANY SUCH APPROVAL CREATE ANY BINDING OBLIGATIONS ON CITY.
[SIGNATURES ON FOLLOWING PAGE]
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32 Rev August 2020

LICENSEE REPRESENTS AND WARRANTS TO CITY THAT IT HAS READ AND

UNDERSTANDS THE CONTENTS OF THIS LICENSE, HAS HAD AN OPPORTUNITY TO

REVIEW AND DISCUSS IT WITH COUNSEL OF ITS CHOOSING, AND AGREES TO COMPLY WITH AND BE BOUND BY ALL OF ITS PROVISIONS.

LICENSEE:

SAN MATEO COUNTY COMMUNITY COLLEGE
DISTRICT, a California public school district
By: ____________________________________
Its: ____________________________________
Date: ____________________________________
CITY:

CITY AND COUNTY OF SAN FRANCISCO,
a municipal corporation
By: ____________________________________
DENNIS J. HERRERA
General Manager
San Francisco Public Utilities Commission
(authority pursuant to SFPUC Resolution No. 24-
0185)
Date: ____________________________________
APPROVED AS TO FORM:

DAVID CHIU
City Attorney
By: ____________________________
Anna Parlato Gunderson
Deputy City Attorney
431
A-1

EXHIBIT A
Description of License Area
All that certain real property located in the County of San Mateo, California, described as follows:

Portions of Parcel Nos. 31 and 32, according to SFPUC records and as generally depicted on the drawing attached Exhibit B and made a part of this License. 432
B-1

EXHIBIT B
General Depiction of the License Area
[see attached]
433
Information signage
Hallmark (south gate)
Water fountain

EVENT STAGING AREA
Information signage
St. James (north gate)
Running Course (10 ft wide)
See Detail
Inset
Driveway
Hallmark Dr
Hallmark Dr
Driveway
Lassen Dr
Arroyo
View Cir
Belmont
Woods
Way
Arroyo
View Cir
Tahoe Dr
280
Waterloo
Ct
Soho Cir
Paddington
Ct
Arroyo
View Cir
Ralston Ave
Bryce Ct
Belmont
Woods
Way
Lyall
Way
Lassen Dr
Sherborne
Dr
Somerset Ct
Haydon
Ct
Wakefield Ct
Waterloo Ct
Yosemite Dr
Wakefield Dr
Tioga
Way
Hiking Trl
Highlands
Ct
Hiking Trl
280
Wakefield Dr
Lake Rd
Elder Dr
Comstock Cir
Ralston Ave
Way
Muir
Saint James Rd
Ralston Ave
Benson Way
Continentals
Way
Somerset Dr
Davis Dr
Wemberly Dr
Waltham
Cross St
4 1
31 32
31 The City does not guarantee that the information is
accurate or complete. The City is not responsible for any damages arising from the use of data. Users should verify the information before making project commitments.

Legend
SFPUC Parcels (Fee Owned)
0 1,000
Feet ±
License Area
License P3973A to
San Mateo
Community College
Cross-country Course
Date: 1-22-24 Author: JGL
Scale: 1:8,600
SFPUC Parcels (Easement / Road)
S:\Real_Estate\GIS_Data\Maps\P3973A_SMCC_CrossCountryCourse.mxd 1/22/2024 JLukins San Francisco Public Utilities Commission
Real Estate Services
Map
Area
Exhibit
License Area:

Running Course = Approximately 4 acres
Event Staging Area = Approximately 3 acres
Shed for
scoring
Stretching
station
Running course
start/ finish line

EVENT STAGING AREA
Subsurface
conduit 300ft
Spectator
Area
Shed for
storage
Detail Inset
Portions of the following APN's
093-080-170
093-090-130
093-090-140
093-090-150
434
C-1

EXHIBIT C
Deed
[see attached]
435
436
437
438
439
440
441
442
443
444
445
446
447
448
449
450
D-1

EXHIBIT D
SFPUC Vegetation Management Policy
[see attached]
451

AMENDMENT TO THE

RIGHT OF WAY INTEGRATED VEGETATION MANAGEMENT POLICY
Approved January 13, 2015
by
SFPUC Resolution No. 15‐0014
452

12.000 RIGHT OF WAY INTEGRATED VEGETATION MANAGEMENT POLICY

12.001 General
The San Francisco Public Utilities Commission (“SFPUC”) is responsible for the delivery of potable water and the collection and treatment of wastewater for some 800,000 customers within the City of San Francisco; it is also responsible for the delivery of potable water to 26 other water retailers with a customer base of 1.8 million. The following policy is established to manage vegetation on the transmission, distribution and collection systems within the SFPUC Right of Way (“ROW”) so that it does not pose a threat or hazard to the system’s integrity and infrastructure or impede utility maintenance and operations.

The existence of large woody vegetation1
, hereinafter referred to as vegetation, and water transmission lines within the ROW are not compatible and, in fact, are mutually exclusive uses of the same space.

Roots can impact transmission pipelines by causing corrosion. The existence of trees and other vegetation directly adjacent to pipelines makes emergency and annual maintenance very difficult, hazardous, and expensive, and increases concerns for public safety. The risk of fire within the ROW is always a concern and the reduction of fire ladder fuels within these corridors is another reason to modify the vegetation mosaic. In addition to managing vegetation in a timely manner to prevent any disruption in utility service, the SFPUC also manages vegetation on its ROW to comply with local fire ordinances enacted to protect public safety.

One of the other objectives of this policy is to reduce and eliminate as much as practicable the use of herbicides on vegetation within the ROW and to implement integrated pest management (IPM).

12.002 Woody Vegetation Management

1.0 Vegetation of any size or species will not be allowed to grow within certain critical portions of the ROW, pumping stations or other facilities as determined by a SFPUC qualified professional, and generally in accordance with the following guidelines.

1.1 Emergency Removal
SFPUC Management reserves the right to remove any vegetation without prior public notification that has been assessed by a SFPUC qualified professional as an immediate threat to transmission lines or other utility infrastructure, human life and property due to acts of God, insects, disease, or natural mortality.

1.2 Priority Removal
Vegetation that is within 15 feet of the edge of any pipe will be removed and the vegetative debris will be cut into short lengths and chipped whenever possible. Chips will be spread upon the site where the vegetation was removed. Material that cannot be chipped will be hauled away to a proper disposal site.

1 Woody vegetation is defined as all brush, tree and ornamental shrub species planted in (or naturally occurring in) the native soil having a woody stem that at maturity exceeds 3 inches in diameter. 453
If vegetation along the ROW is grouped in contiguous stands2 , or populations, a systematic and
staggered removal of that vegetation will be undertaken to replicate a natural appearance. Initial removal3 will be vegetation immediately above or within 15 feet of the pipeline edges; secondary vegetation4 within 15 to 25 feet from pipelines will then be removed.

1.3 Standard Removal
Vegetation that is more than 25 feet from the edge of a pipeline and up to the boundary of the ROW will be assessed by a SFPUC qualified professional for its age and condition, fire risk, and potential impact to the pipelines. Based on this assessment, the vegetation will be removed or retained.

1.4 Removal Standards
Each Operating Division will develop its own set of guidelines or follow established requirements in accordance with local needs.

2.0 All stems of vegetation will be cut flush with the ground and where deemed necessary or appropriate, roots will be removed. All trees identified for removal will be clearly marked with paint and/or a numbered aluminum tag.

3.0 Sprouting species of vegetation will be treated with herbicides where practicable, adhering to provisions of Chapter 3 of the San Francisco Environment Code.

4.0 Erosion control measures, where needed, will be completed before the work crew or contractors leave the work site or before October 15 of the calendar year.

5.0 Department personnel will remove in a timely manner any and all material that has been cut for maintenance purposes within any stream channel.

6.0 All vegetation removal work and consultation on vegetation retention will be reviewed and supervised by a SFPUC qualified professional. All vegetation removal work and/or treatment will be made on a case‐by‐case basis by a SFPUC qualified professional.

7.0 Notification process for areas of significant resource impact that are beyond regular and ongoing maintenance:

7.1 County/City Notification – The individual Operating Division will have sent to the affected county/city a map showing the sections of the ROW which will be worked, a written description of the work to be done, the appropriate removal time for the work crews, and a contact person for more information. This should be done approximately 10 days prior to start of work. Each Operating Division will develop its own set of guidelines in accordance with local need.

2 A stand is defined as a community of trees possessing sufficient uniformity in composition, structure, age, arrangement, or condition to be distinguishable from adjacent forest communities to form a management unit. 3 Initial removal is defined as the vegetation removed during the base year or first year of cutting. 4 Secondary vegetation is defined as the vegetative growth during the second year following the base year for cutting.
454

7.2 Public Notification – The Operating Division will have notices posted at areas where the vegetation is to be removed with the same information as above also approximately 10 days prior to removal. Notices will also be sent to all property owners within 300 feet of the removal site. Posted notices will be 11‐ by 17‐inches in size on colored paper and will be put up at each end of the project area and at crossover points through the ROW. Questions and complaints from the public will be handled through a designated contact person. Each Operating Division will develop its own set of guidelines in accordance with local needs.

12.003 Annual Grass and Weed Management
Annual grasses and weeds will be mowed, disked, sprayed or mulched along the ROW as appropriate to reduce vegetation and potential fire danger annually. This treatment should be completed before July 30 of each year. This date is targeted to allow the grasses, forbs and weeds to reach maturity and facilitate control for the season.

12.004 Segments of ROW that are covered by Agricultural deed rights The only vegetation that may be planted within the ROW on those segments where an adjacent owner has Deeded Agricultural Rights will be: non‐woody herbaceous plants such as grasses, flowers, bulbs, or vegetables.

12.005 Segments of ROW that are managed and maintained under a Lease or License Special allowance may be made for these types of areas, as the vegetation will be maintained by the licensed user as per agreement with the City, and not allowed to grow unchecked. Only shallow rooted plants may be planted directly above the pipelines.

Within the above segments, the cost of vegetation maintenance and removal will be borne by the tenant or licensee exclusively. In a like fashion, when new vegetative encroachments are discovered they will be assessed by a SFPUC qualified professional on a case‐by‐case basis and either be permitted or proposed for removal.

The following is a guideline for the size at maturity of plants (small trees, shrubs, and groundcover) that may be permitted to be used as landscape materials. Note: All distance measurements are for mature trees and plants measured from the edge of the drip‐line to the edge of the pipeline.  Plants that may be permitted to be planted directly above existing and future pipelines: shallow rooted plants such as ground cover, grasses, flowers, and very low growing plants that grow to a maximum of one foot in height at maturity.
 Plants that may be permitted to be planted 15–25 feet from the edge of existing and future pipelines: shrubs and plants that grow to a maximum of five feet in height at maturity.  Plants that may be permitted to be planted 25 feet or more from the edge of existing and future pipelines: small trees or shrubs that grow to a maximum of twenty feet in height and fifteen feet in canopy width.
455
Trees and plants that exceed the maximum height and size limit (described above) may be permitted within a leased or licensed area provided they are in containers and are above ground. Container load and placement location(s) are subject to review and approval by the SFPUC.

Low water use plant species are encouraged and invasive plant species are not allowed.

All appurtenances, vaults, and facility infrastructure must remain visible and accessible at all times. All determinations of species acceptability will be made by a SFPUC qualified professional.

The above policy is for general application and for internal administration purposes only and may not be relied upon by any third party for any reason whatsoever. The SFPUC reserves the right at its sole discretion, to establish stricter policies in any particular situation and to revise and update the above policy at any time.
456
457

Redwood Shores Sea Level Rise Protection Project Contract - Staff Report (1).docx

STAFF REPORT
Meeting Date: March 10, 2026
Agency: City of Belmont
Staff Contact: Elizabeth Wada, Senior Civil Engineer, (650) 595-7468, [email protected] Agenda Title: Redwood Shores Sea Level Rise Protection Project Contract – Island Park Evaluation
Agenda Action: Motion
Recommendation
Motion authorizing the City Manager to negotiate and execute an Architectural & Engineering Services Agreement with Schaaf & Wheeler for Task 1 - Preliminary Planning, Outreach and Alternatives Evaluation of the Belmont Island Park Levee Design Proposal, in an amount not to exceed $208,787.

Strategic Focus Area
Infrastructure and Mobility
Background
On January 27, 2026, the City Council received an informational presentation from City staff and consultant Schaaf & Wheeler regarding City of Redwood City’s Redwood Shores Sea Level Rise Protection Project (Regional Project). The Regional Project is intended to address regional flood risks identified by FEMA as well as projected future sea level rise within the bay front in the Redwood Shores community. The Regional Project spans multiple jurisdictions including the Cities of Redwood City, San Carlos, and Belmont, as well as unincorporated areas of San Mateo County.

Although the Regional Project is being led by Redwood City, the Island Park neighborhood in Belmont, located along the Belmont Slough and the San Francisco Bay, is an important consideration in the context of regional flood protection and sea level rise planning.

During the meeting, the City Council and members of the public provided feedback and discussed initial evaluation and involvement in the Regional Project. At this stage, the City Council expressed support for continued evaluation and directed staff to assess how the project could address the community’s longterm flood protection needs.

Following the Council meeting, Schaaf & Wheeler submitted a proposal to the City. For Belmont to meaningfully participate in the Regional Project, completion of Task 1 - Preliminary Planning, Outreach, and Alternatives Evaluation is necessary to represent the City’s interest, provide technical analysisspecific to Island Park, and engage the Island Park community to confirm interest and support. To move forward, the City would need to enter into a separate professional services agreement with Schaaf & Wheeler to support technical coordination, analysis, and outreach related specifically to the Island Park levee segment.
458

Redwood Shores Sea Level Rise Protection Project Contract - Staff Report (1).docx Task 1 focuses on data collection, preliminary engineering studies, community outreach, and alternatives analysis to a 10% design. After evaluating potential costs to property owners and the cost funding alternatives, including a Community Facilities District analysis, a subsequent Task 2 would advance the project to 60% design and environmental review. Task 2 would only proceed if the Island Park community supports moving forward and following City Council authorization.

If authorized, Task 2 would include additional technical studies and environmental documentation, bringing Belmont’s Island Park segment to a comparable planning and design level as the Regional Project, allowing for full integration with the broader effort.

Analysis
Task 1 is structured to allow Belmont to independently assess the feasibility, benefits, and costs of including the Island Park neighborhood in the Regional Project’s levee system, while leveraging technical work already underway by Redwood City. Participation in the Regional Project offers the following benefits:
• Regional Continuity: Ensures shoreline protection is coordinated across jurisdictional boundaries and avoids gaps in levee elevations or design standards. • Technical Consistency: Ensures sea level rise projections, FEMA accreditation standards, and engineering criteria are applied consistently across the shoreline system. • Regulatory Coordination: Streamlines engagement with agencies such as BCDC, USACE, and RWQCB through a unified regional permitting strategy.
• Grant and Funding Alignment: Positions Belmont to align with existing FEMA-funded work and strengthens eligibility for future regional resilience funding opportunities. • Cost Efficiency: Leverages technical studies, modeling, environmental review, and permitting work already underway, reducing duplication of effort compared to a standalone Belmont project.

As discussed at the January 27, 2026, City Council meeting, the Island Park levee segment represents a small portion of the overall Regional Project but would primarily benefit Belmont. Entering into this agreement enables Belmont to remain engaged in the regional planning effort, evaluate alternatives alongside adjacent jurisdictions, leverage economies of scale, and better understand potential future cost and maintenance responsibilities before committing to additional design or construction.

Task 1 is limited to planning, technical evaluation, and outreach, and does not obligate the City to proceed with Task 2, construction, or long-term maintenance of any levee improvements. Concurrently, the City will conduct a Community Facilities District analysis to identify potential funding participants and gauge stakeholder interest prior to consideration of future project phases.

Schaaf & Wheeler’s experience and current role as lead consultant for the Regional Project ensures continuity and full integration of Belmont’s work with broader technical studies, regulatory coordination, and construction planning. Executing this agreement supports informed decision making and positions the City to respond efficiently as the Regional Project progresses. 459

Redwood Shores Sea Level Rise Protection Project Contract - Staff Report (1).docx Alternatives

1. Take no action.

2. Refer back to staff for more information.

Attachments
A. “Belmont Island Park Levee Design Proposal” by Schaaf & Wheeler, dated February 11, 2026 B. Redwood Shores Sea Level Rise Protection Project Contract Scope Presentation Fiscal Impact
☐ No Fiscal Impact
☒ Funding Source Confirmed:

There is project savings from Measure I funds in the Capital Improvement Program (CIP) 2025 Pavement Rehabilitation
Project No. 3117 to fund Task 1. $250,000 was transferred from Project No. 3117 to the Redwood Shores Sea Level Rise
Protection CIP Project No. 6061 after Council approval in the FY 2025-26 Budget mid-year review, with $208,787 for design with Schaaf & Wheeler and $41,213 for city staff project management. If the project is supported by the Island Park community and Council approves moving the project forward, an additional $470,000 project design and management cost for Task 2 will be included in FY 2026-27 budget development process.

Source: Purpose: Public Outreach:

Staff Discretionary Action Posting of Agenda
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870 Market Street, Suite 1278, San Francisco, CA 94102
[email protected]
February 11, 2026
To: Elizabeth Wada
Senior Civil Engineer
City of Belmont
1 Twin Pines Ln, Belmont, CA 94002
[email protected]
Subject: Belmont Island Park Levee Design Proposal
Dear Ms. Wada,
The City of Redwood City is advancing design of a flood control levee surrounding Redwood Shores and along Belmont Creek, known as the Redwood Shores Sea Level Rise Protection Project (RWS-SLR). The RWS-SLR design is anticipated to reach 60% by July 2026 in accordance with Redwood City’s FEMA hazard mitigation grant.

This scope is intended to perform the tasks needed to bring the design of a 5,600 linear foot (1.1 mile) levee system protecting Island Park in Belmont to the same level of 60% plan completion as the RWS-SLR protection project. Estimated date of completion of 60% drawings for Island Park is January 2027. The first task is to complete preliminary planning including stakeholder and community outreach, alternatives analysis and 10% concept design. Bringing the 10% concept design to 60% along with additional supporting studies would occur as part of the second task. At the end Task 2, the Island Park area levee design would be suitable for inclusion in the greater RWS-SLR project (subject to funding and negotiations between Redwood City and Belmont). This scope relies heavily on work being performed for Redwood City and is intended to be incorporated into RWS-SLR deliverables, albeit under a different schedule.
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To: Elizabeth Wada
2 February 11, 2026
Figure 1: Levee Extents

SCOPE OF SERVICES AND FEE
The scope is broken into two main tasks, with subtasks described herein.

Task 1. PRELIMINARY PLANNING, OUTREACH AND ALTERNATIVES EVALUATION Task 1.1 Project Management
This task provides the overall management of the project. This task includes:

Task 1.1.1. Project Progress Reports: Consultant to track and report progress, prepare and maintain a monthly project schedule, perform quality control reviews and quality assurance of submittals, and communicate project issues with the City.

Task 1.1.2. Project Meetings: Consultant to coordinate, host (virtually or in person as requested by the City), and prepare and circulate meeting agendas and minutes with the City, OneShoreline, and other jurisdictional staff as needed, including but not limited to:
a) Project kick-off meeting
b) Bi-weekly progress meetings
c) Data collection summary meeting
d) Alternatives definition and analysis meetings
Deliverables: PDF versions of the following distributed via email to the City: Meeting agendas and minutes, meeting summaries with deliverables, progress schedules and progress reports, monthly invoices. Consultant shall also provide a file sharing location for collection of existing documentation and submission of all documents to the City. 462
To: Elizabeth Wada
3 February 11, 2026
Task 1.2. Data Collection and Preliminary Studies
This task provides the information needed to address key data gaps to complete necessary tasks required for engineering design, environmental clearances and construction, as well as satisfying FEMA levee accreditation and provide for climate change adaptation. This task includes:

Task 1.2.1. Gather Existing Data Including Site Reconnaissance: Consultant to collect data and guidelines relevant to the project area. Data is available from the City and other project partners who maintained the existing levee system to date, including as-built plans of impacted facilities, aerial photos, assessor parcel maps, survey records, topographic files, geotechnical reports and existing boring data, base plan of existing utilities, internal drainage and hydraulics studies, groundwater rise, and hazardous material review (if applicable), water quality, and habitat and environmental resources. Consultant to prepare a file sharing and listing of all gathered data and guidelines and provide the data location/library where all participating agencies may access the data.

Task 1.2.2. Consultant to complete all studies, surveys, and investigations for FEMA accreditation of the levees under 44 CFR 65.10.

Task 1.2.2.3. Aerial Survey and Mapping: Consultant to perform control establishment and an aerial topographic survey. Consultant to combine results with existing topographic survey data into a comprehensive Civil 3D drawing..

Deliverables: Library (file sharing location), updated land and topographic surveys (to be incorporated into design documents (PDF and Civil 3D CAD base files)).

Task 1.3. Stakeholder and Community Outreach
This task provides outreach activities throughout the project planning and early design process to engage and inform affected agencies and community members about the project’s design, compliance with environmental regulations and FEMA requirements, and incorporate all stakeholder voices into the decision-making process. This task includes:

Task 1.3.1. Public Outreach Plan:

Subconsultant, Civic Edge, will plan and lead outreach activities throughout the project planning and early design process to engage and inform affected agencies and community members about the project’s design, compliance with environmental regulations and FEMA requirements, and incorporate all stakeholder voices into the decision-making process. The goal is to establish a shared vision for the project area with neighbors and other interested parties, grounded in the constraints and opportunities of the area.

Consultant and team will develop in coordination with the technical team and the City a comprehensive Public Outreach Plan. Deliverables will identify the types of feedback that would be most helpful to the Project team.

Task 1.3.2. Align project design with existing efforts and multi-benefit opportunities:

Consultant to assist City coordination with public agencies, private landowners, businesses and community lifeline asset owners to sync project alternatives with existing levee rise adaptation 463
To: Elizabeth Wada
4 February 11, 2026
planning efforts, RSAP Guidelines, and multi-benefit opportunities. This includes consideration of alternatives that align with the Foster City Levee Project, the San Mateo Adaptation and Resilience Plan for Flood Resiliency, and the Redwood Shores Project. Additionally, this includes consideration of nature-based approaches, using the San Francisco Estuary Institute’s Adaptation Atlas, other regional “living shoreline” resources and guidance, and RSAP guidelines.

Task 1.3.3. Stakeholder and community outreach:

Consultant and team (Schaaf and Wheeler and sub-consultants, refer to schedule of rates for list of sub-consultants) to promote, provide material development, printing, attendance and summary for one community meeting. Include meetings with key stakeholders. The engagement will be staggered with alternatives analysis work to make sure that valuable feedback can be incorporated.

Deliverables: Public Outreach Plan and associated schedule (PDF), visuals and other materials for meetings and community workshop, meeting agenda, minutes and/or feedback summary for engagement with environmental regulatory agencies, residents, and FEMA. Deliverables in electronic format for City review and approval.

Task 1.4. Alternatives Analysis, Project Selection and 10% Design Consultant to develop alternatives designed as a 10 percent design development level to inform an understanding of project concepts, technical feasibility, stormwater management, permitting considerations, ecological (e.g., living shoreline and upland habitat) and Bay Trail benefits, water quality, design flexibility, and other key metrics.

A detailed assessment of the technical performance, financial implications, community benefits/impacts, and environmental considerations associated with each alternative.

Identification of proposed bay fill for each alternative, including reason for filling (e.g., access, views, living shoreline, etc.).

Planning-level cost estimates (Class 4 Opinion of Probable Cost) for each alternative.

Recommended decision criteria metrics to guide alternatives analysis and project selection, including Least Environmentally Damaging Practicable Alternative (LEDPA). The final decision criteria for the alternatives analysis will be established based on input from the City.

Written documentation that demonstrates the appropriate level of analysis required to comply with key benchmarks in the environmental compliance process, such as the Clean Water Act Section 404(b)(1) requirements for consideration of alternatives.

The draft alternatives analysis will be finalized to include the preferred project and used as the Basis of Design Report for the selected alternative.

Deliverables: Draft and Final Alternatives Analysis Report and preferred project selection (PDF). 464
To: Elizabeth Wada
5 February 11, 2026
Task 2. 60% DESIGN AND ENVIRONMENTAL REVIEW
Task 2.1. Project Management
This task provides the overall management of the project. This task includes:

Task 2.1.1. Project Progress Reports: Consultant to track and report progress, prepare and maintain a monthly project schedule, perform quality control reviews and quality assurance of submittals, and communicate project issues with the City.

Task 2.1.2. Project Meetings: Consultant to coordinate, host (virtually or in person as requested by the City), and prepare and circulate meeting agendas and minutes with the City, OneShoreline, and other jurisdictional staff as needed, including but not limited to:
a) Bi-weekly progress meetings
b) CEQA and NEPA related meetings
c) 60 percent design plans, specifications, and estimates (PS&E) review meeting Deliverables: PDF versions of the following distributed via email to the City: Meeting agendas and minutes, meeting summaries with deliverables, progress schedules and progress reports, monthly invoices. Consultant shall also provide a file sharing location for collection of existing documentation and submission of all documents to the City.

Task 2.2. Preliminary Studies
This task provides the information needed to address key data gaps to complete necessary tasks required for engineering design, environmental clearances and construction, as well as satisfying FEMA levee accreditation and provide for climate change adaptation. This task includes:

Task 2.2.1. Consultant to complete all studies, surveys, and investigations for FEMA accreditation of the levees under 44 CFR 65.10.

Task 2.2.1.1. Coastal Hazard Analysis: Consultant to update the RWS-SLR coastal hazard analysis to determine baseline conditions for the project area (e.g. one percent annual chance stillwater surge elevation, one percent annual chance wave runup, sea level rise scenarios consistent with the 2024 California Ocean Protection Council (OPC) Sea Level Rise Science and Policy Update and the BCDC RSAP guidelines.

Task 2.2.1.2. Hydrologic and Hydraulic Studies: Consultant to build off the existing stormwater infrastructure basis of design to develop hydrologic and hydraulic models and studies that use climate projections to incorporate fluvial and combined flooding effects into long-term flood risk assessment. Identify any needs for the interior system, including pumping needs, to address higher levee elevations and other impacts of sea level rise such as groundwater emergence.

InfoWorks ICM modeling software (or approved equal) to be utilized for hydraulic modeling.

Task 2.2.1.3. Utility Location: Consultant to perform utility research. Consultant to conduct research with local utility agencies to obtain record map information for utilities along the preferred alignment selected in the alternatives analysis. Consultant to perform minimal field surveys as needed to verify the accuracy of existing data and utilities and structures of specific interest. Consultant to combine results with existing topographic survey data into a 465
To: Elizabeth Wada
6 February 11, 2026
comprehensive Civil 3D drawing for design of the preferred alternative. Consultant to use available parcel data and right-of-way information.

Task 2.2.1.4. Geotechnical Report: Consultant to provide geotechnical services to address geotechnical information gaps related to the levee system. Consultant work will include, but is not limited to:
• Site reconnaissance and notes of physical features
• Borings and Cone Penetration testing
• Analysis using available data along the preferred alignment selected in the alternatives analysis (Task 4.0)
• Preparation of a Geotechnical Report
Consultant to perform a geotechnical site reconnaissance of the alignment alternatives and note physical site features that could impact the project. Existing data will be supplemented with explorations along the proposed alignment. Explorations will include a combination of mud rotary borings, cone penetration tests and field vane shear tests. Samples will be tested in a laboratory.

Consultant to prepare a geotechnical report for the project based on site reconnaissance. The report shall address items including, but not limited to: site suitability for the proposed improvements; physical properties of the typical geologic encountered in the project; subsurface stratigraphy and geotechnical constraints such as loss of surficial soils, expansive and/or liquefiable soils, lateral spreading, as necessary based on field exploration results; seismic design criteria; recommendations for grading, drainage, foundation for the levee improvements (if needed), earthwork including engineered fill placement and utility trench backfill, and trial sections for various loading scenarios. Report will include considerations for future adaptation of proposed improvements and how to provide additional elevation in the future.

Task 2.2.1.5. Gather Data on Environmental and Historic Preservation Resources: Consultant to collect data on the natural and cultural resources protected by environmental and historic preservation laws and regulations, including special listed species, that may be impacted by the construction, siting, or operation of proposed facilities. Data will be amended to the RWS-SLR report.

Deliverables: updated coastal hazard analysis (in PDF format), updated hydrologic and hydraulic studies report (PDF and InfoWorks ICM model), utility surveys (to be incorporated into design documents (PDF and Civil 3D CAD base files)), geotechnical report (PDF), and data on environmental and historic preservation resources (PDF).

Task 2.3. 60% Design, Cost Estimate, and Schedule
This task provides the 60 percent plans, technical specifications, cost estimate, and construction schedule for the preferred alternative. This assumes one round of City review and revision. 60% PS&E for preferred project to include:

Plans to include sheets as follows (sheet counts are approximate and subject to change):
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To: Elizabeth Wada
7 February 11, 2026
i. Title Sheet (1 sheets)
ii. Drawing & Sheet Index List (1 sheet)
iii. Notes, Abbreviations, Legend (1 sheet)
iv. Site Access and Haul Routes (2 sheets)
v. Survey Control and Layout (4 sheets)
vi. Demolition and Utilities (4 sheets)
vii. Flood Risk Level Plan and Profiles (4 sheets)
viii. Levee Profiles (2 sheets)
ix. Retaining Wall Profiles (1 sheets)
x. Trail and Shoreline Access Points (5 sheets)
xi. Construction Details (4 sheets)
xii. Paving and Striping Plans (4 sheets)
xiii. Typical Cross Sections (1 sheets)
xiv. Erosion Sections (1 sheets)
xv. Structural Plans and Details (2 sheets)
xvi. Planting Plans (4 sheets)
xvii. Landscape Details (4 sheets)
xviii. Restoration Plans and Details (1 sheets)
Specifications to include:
• Technical specifications
Deliverables: 60 percent Design Drawings (PDF and Civil 3D CAD), Draft technical specifications (Word and PDF), Detailed cost estimate (PDF), Draft bid schedule (PDF), and Draft Construction schedule (PDF).

Task 2.4. Environmental Documentation
This task provides the environmental documentation to support environmental resources permitting processes in anticipation of a potential future CEQA document and NEPA document for the project. All tasks will be added to current work products of the RWS-SLR project.

Tasks to be included under environmental documentation are as follows:

Task 2.4.1. Early Consultation with Permitting Agencies: Consultant to directly engage with the following agencies to identify issues related to species and water quality early in the project planning process: U.S. Army Corps of Engineers, National Marine Fisheries Services, U.S. Fish and Wildlife Services, California Department of Fish and Wildlife, San Francisco Bay Regional Water Quality Control Board, and San Francisco Bay Conservation and Development Commission. Consultant will develop meeting agendas and supporting materials. Consultant to develop and maintain a permit matrix identifying anticipated permits. Consultant will develop CEQA and NEPA outlines to guide completion of this scope.

Task 2.4.2. Project Description: Consultant to include project objectives, a description of proposed components, and describe each component in sufficient detail to facilitate determination of the nature and scale of environmental impacts for various alternatives, including area of disturbance and construction equipment scenarios. The project description will identify discretionary approvals by regulatory agencies.

Task 2.4.3. Discussion of Alternatives: Based on Phase I, Consultant to document sufficient information about each alternative to demonstrate meaningful evaluation, analysis, and 467
To: Elizabeth Wada
8 February 11, 2026
comparison with the proposed project per CEQA/NEPA guidelines, including a no project alternative and the environmentally superior alternative.

Task 2.4.4. Completion of Key Environmental Analyses Technical Studies: Consultant to complete the following technical studies anticipated to support regulatory permits and the CEQA and NEPA documents. Additional technical studies may be identified as part of Task 6.0A – Preparation of CEQA Document and NEPA Document.
• Existing Conditions Report: Prepare descriptions of existing conditions in the study area as it pertains to each of the environmental topics to be analyzed. • Wetlands Delineation: The EIR/S and future permit applications will require an accurate assessment of impacts to water of the U.S. based upon an accurate map of the existing distribution of waters of the U.S. Therefore, Consultant to delineate the boundaries of wetlands and other waters that are expected to be regulated by the U.S. Army Corps of Engineers (USACE) as waters of the U.S. Consultant to delineate the boundaries of these features according to methodologies outlined in the USACE Wetland Delineation Manual and other USACE guidance.
• Cultural Resources Survey Report: For compliance with regulations related to cultural resources, Consultant to complete a Cultural Resources Survey Report suitable for ongoing consultation and coordination with the State Historical Preservation Officer (SHPO). This task will include surveys, assessments, and documentation required for CEQA/NEPA cultural resource evaluation under Section 106 of the National Historic Preservation Act (NHPA). The Cultural Resources Survey Report will incorporate the findings of background research and survey; describe the regulatory framework, the cultural setting, and identify resources; and provide an assessment of the potential for buried archaeological resources.
• Biological Assessment Report: To satisfy the EIR/S and future permit applications requirements, a Biological Assessment report will be developed describing biological resources present along the preferred levee footprint and ecological constraints to implementation of the levee improvement project, including the presence of sensitive habitats and an evaluation of the potential for rare, threatened, or endangered species of flora and/or fauna to occur along the levee improvement project vicinity. The report will also include a preliminary review of biological impacts associated with implementation of the project and recommended mitigation measures.

Deliverables: Revised RWS-SLR documentation to support environmental and historical resources permitting processes (Word, PDF).

Assumptions
• All deliverables will be amendments to their counterparts developed as part of the RWSSLR project. • No work is necessary on the grant documents or benefit cost analysis (BCA) being produced by Redwood Shores. Grant close-out documents will occur prior to the final alternative selection for Belmont.
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To: Elizabeth Wada
9 February 11, 2026
Total for Task 1. PRELIMINARY PLANNING, OUTREACH AND ALTERNATIVES EVALUATION is a not-to-exceed amount of $208,787.

Total for Task 2. 60% DESIGN AND ENVIRONMENTAL REVIEW is a not-to-exceed amount of $426,406.

Total for all tasks is a not-to-exceed amount of $635,194.

List of Key Personnel
Primary Contact: Caitlin J. Tharp, PE, Vice President Schaaf & Wheeler Consulting Civil Engineers, [email protected], 415-823-4964
Secondary Contact: Charles D. Anderson, PE, President Schaaf & Wheeler Consulting Civil Engineers, [email protected], 408-246-4848
Project Schedule
Date | Action
• March 2026 | Approve of Task Order, Begin Task 1
• March – April 2026 | Aerial and Control
• April - June 2026 | Data Collection & Draft Alternatives Analysis • May - June 2026 | Community Outreach
• June 2026 | Final Alternative Selection
• July 2026 Begin Task 2
• July – October 2026 | Geotechnical Investigations, Draft Environmental Documents • October – January 2027 | Draft 60 percent PS&E, Final Environmental Documents Sincerely,
Schaaf & Wheeler
Caitlin Tharp, PE
Vice President
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Task 1.1 Project Management $7,142 $ - $ - $ - $ 8,400 $ 5,000 $13,400 $20,542 $2,440 -$ -$ $2,440$4,702 -$ -$ 8,400$ 5,000$ 13,400$ $18,102 Task 1.2 Data Collection and Preliminary Studies $10,833 $ - $ - $ 59,365 $ 5,380 $ - $64,745 $75,578 $10,833 -$ 5,380$ 5,380$ $16,213

1.2.2 FEMA Accreditation Requirements -$ -$
Land Survey and Utility Location -$ -$

1.2.2.3 Control Establishment $0 -$ 32,380$ 32,380$ $32,380

1.2.2.3 Aerial Topograhic Survey $0 -$ 26,985$ 26,985$ $26,985 Task 1.3 Stakeholder and Community Outreach $7,483 $ - $ - $ - $ 20,970 $ 29,000 $49,970 $57,453 $2,340 -$ -$ 6,000 $ 6,000$ $8,340$3,363 -$ -$ -$ $3,363$1,780 -$ 20,970$ 23,000 $ 43,970$ $45,750 Task 1.4 Alternatives Analysis and Project Selection $30,014 $ - $ - $ - $ 25,200 $ - $25,200 $55,214 $30,014 -$ -$ 25,200$ 25,200$ $55,214
Total $55,472 $ - $ - $ 59,365 $ 59,950 $ 34,000 $153,315 $208,787 Task 2. 60% DESIGN AND ENVIRONMENTAL REVIEWTask 2.1 Project Management $7,142 $ 8,672 $ 16,210 $ - $ 8,400 $ - $33,282 $40,424 $2,440 -$ -$ $2,440$4,702 8,672$ 16,210$ 8,400$ 33,282$ $37,984 Task 2.2 Data Collection and Preliminary Studies $11,097 $ 25,912 $ 123,380 $ 13,720 $ - $ - $163,012 $174,1092.2.1 FEMA Accreditation Requirements -$ -$

2.2.1.1 Coastal Hazard Analysis $2,643 6,424$ 6,424$ $9,0672.2.1.2 Hydrologic and Hydraulic Studies $2,643 17,280$ 17,280$ $19,9232.2.1.3 Land Survey and Utility Location -$ -$

2.2.2.3.1 Utility Research $1,630 -$ 13,720$ 13,720$ $15,350

2.2.1.4 Geotechnical Investigation and Report $4,180 -$ 123,380$ 123,380$ $127,5602.2.1.5 Gather Data on Environmental and Historic Preservation Resources $0 2,208$ 2,208$ $2,208 Task 2.3 60% PS&E for Preferred Project $55,772 $ 18,194 $ 17,590 $ 59,100 $94,884 $150,656Task 2.4 Environmental Documentation $19,550 $ 35,868 $ - $ - $ 5,800 $ - $41,668 $61,2182.4.1 Early Consultation with Permitting Agencies $3,660 3,476$ -$ 3,476$ $7,1362.4.2 Project Description $3,970 4,964$ -$ 4,964$ $8,9342.4.3 Discussion of Alternatives $3,970 7,764$ 5,800$ 13,564$ $17,5342.4.4 Completion of Key Environmental Analyses Technical Studies $7,950 19,664$ 19,664$ $27,614 Total $93,560 $ 88,646 $ 157,180 $ 13,720 $ 73,300 $ - $332,846 $426,406 TOTAL $149,033 $88,646 $157,180 $73,085 $133,250 $34,000 $486,161 $635,194 Schaaf & Wheeler Total
ESA Total
ENGEO Total
Total

1.1.2 Project Meetings
Subconsultant TotalSchaaf & Wheeler City of Belmont Island Park Sea Level Rise Protection Project Work Force Allocation and Fee February 11, 2026 Task 1. PRELIMINARY PLANNING, OUTREACH AND ALTERNATIVES EVALUATION Hourly Rates C&P Total
CMG Total
CivicEdge Total

1.1.1 Progress Reports Including Monthly Invoices2.1.1 Progress Reports Including Monthly Invoices2.1.2 Project Meetings1.2.1 Gather Existing Data Including Site Reconnaissance1.3.1 Public Outreach Plan1.3.2 Align Project Design with Existing Efforts and Multi-Benefit Opportunities1.3.3 Engage Environmental Regulatory Agencies and Residents1.4.2 Alternatives Feasibility, Design Criteria and Basis of Design Report Belmont SLR Protection Project Exhibit A - Fee 2/11/2026 470
Redwood Shores Sea Level Rise Protection Project
Elizabeth Wada PE
Senior Civil Engineer
March 10, 2026
471
472
473
474
Thank you!
belmont.gov
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