Daly City City Council
September 12, 2022

Westlake South Mixed-Use Project 121 Initial Study
City of Daly City June 2022
Given the existing and planned park space within Daly City, proposed on-site recreational amenities, and payment of public facility fees, the project would have a less than significant impact on existing recreational facilities. (Less than Significant Impact) Impact REC-2: The project does not include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment. (Less than Significant Impact) As previously described under Impact REC-1, the project would include on-site recreational facilities such as two connected courtyards, two green roof patios, and a resident lounge and roof deck. The environmental impact of the construction and operation of these facilities is included in the analysis of this Initial Study. The project would not include any other recreational facilities or require the construction or expansion of recreational facilities. (Less than Significant Impact)

Westlake South Mixed-Use Project 122 Initial Study
City of Daly City June 2022

TRANSPORTATION
The following discussion is based, in part, on a Traffic Evaluation prepared for the project by Kimley-Horn and Associates, Inc. (Kimley-Horn), dated May 2022. A copy of this report is included in Appendix G of this Initial Study.

4.17.1 Environmental Setting
Regulatory Framework
State
Regional Transportation Plan
MTC is the transportation planning, coordinating, and financing agency for the nine-county San Francisco Bay Area, including San Mateo County. MTC is charged with regularly updating the Regional Transportation Plan, a comprehensive blueprint for the development of mass transit, highway, airport, seaport, railroad, bicycle, and pedestrian facilities in the region. MTC and ABAG adopted Plan Bay Area 2040 in July 2017, which includes a Regional Transportation Plan to guide regional transportation investment for revenues from federal, state, regional and local sources through 2050.

Senate Bill 743
SB 743 establishes criteria for determining the significance of transportation impacts using a vehicle miles traveled (VMT) metric intended to promote the reduction of GHG emissions, the development of multimodal transportation networks, and a diversity of land uses. Specifically, SB 743 requires analysis of VMT in determining the significance of transportation impacts. Local jurisdictions were required by Governor’s Office of Planning and Research (OPR) to implement a VMT policy by July 1, 2020.

SB 743 did not authorize OPR to set specific VMT impact thresholds, but it did direct OPR to develop guidelines for jurisdictions to utilize. CEQA Guidelines Section 15064.3(b)(1) describes factors that might indicate whether a development project’s VMT may be significant. Notably, projects located within 0.50 mile of transit should be considered to have a less than significant transportation impact based on OPR guidance.

Regional and Local
San Mateo County Congestion Management Program
The City/County Association of Governments (C/CAG), as the Congestion Management Agency for San Mateo County, is required to prepare and adopt a Congestion Management Program (CMP) on a biennial basis. The purpose of the CMP is to identify strategies to respond to future transportation needs, develop procedures to alleviate and control congestion, and promote countywide solutions.

Also included in the CMP is the Traffic Impact Analysis (TIA) Policy, which provides uniform procedures to analyze traffic impacts. According to the CMP, an acceptable level of service at signalized intersections is LOS E. As of January 1, 2022, the C/CAG TDM Policy requires that local

Westlake South Mixed-Use Project 123 Initial Study
City of Daly City June 2022
jurisdictions in San Mateo County notify C/CAG of any new development project within their purview that is estimated to generate at least 100 ADT.

Daly City 2030 General Plan
The General Plan includes policies for the purpose of avoiding or mitigating impacts resulting from development projects within the City. The following policies are specific to transportation and are applicable to the proposed project.

Policy/Task Description
Task CE-1.3 Require a traffic study as part of a complete application for discretionary projects which meet pre-determined criteria established by the City Engineer. The study shall determine the cumulative impact of the project on the City’s principal intersections together with approved projects and projects under construction in Daly City and adjacent jurisdictions.

Task CE-1.6 Incorporate a Level of Service (LOS) standard into Daly City’s Local Thresholds of Significance Guidelines and use the standard as an evaluation measure for the traffic impacts created by new discretionary projects and to identify future roadway and intersection improvements in the City’s Capital Improvement Program.

This standard shall be applied as follows:
• Require that a minimum LOS D be maintained at all principal intersections. • Where a traffic study identifies that a discretionary project will degrade the Level of Service at any of the City’s principal intersections to below acceptable levels, the City shall, through the environmental review process, require measures to mitigate the anticipated impact to a level of insignificance. • New vehicular traffic created by a discretionary project that causes any of the City’s principal intersections to degrade to LOS F during any traffic period shall be considered a significant impact subject to the preparation of an Environmental Impact Report (EIR). The EIR shall provide both mitigation measures and feasible project alternatives that would effectively mitigate anticipated traffic impacts to a level of insignificance. • Mitigation measures shall include construction of or financial contribution toward traffic improvements that can effectively mitigate the impact within a ten-year timeframe from the project approval date. Traffic impacts which are not fully mitigable within a ten-year timeframe shall be considered temporarily unmitigable and subject to the adoption of a Statement of Overriding Considerations in addition to mitigation measures.
• The City shall consider the potential for adoption of a Statement of Overriding considerations related to traffic in instances where there is substantial evidence that the project possesses qualities (including environmental, legal, technical, social, and economic factors) that merit the project’s approval despite the traffic impacts caused by the project.

The Local Thresholds of Significance Guidelines may provide additional detail and clarity.

Policy CE-6 Support regional efforts to improve traffic while accommodating future development.

Westlake South Mixed-Use Project 124 Initial Study
City of Daly City June 2022
Policy CE-7 Ensure an effective transit system by supporting the work of other agencies in their efforts to expand public transit in and around Daly City.

Policy CE-10 Parking requirements contained within the Zoning Ordinance should, as closely as possible, reflect accepted current parking trends. Regulations for residential uses should recognize the ability for high-density mixed-use development that is close to transit to reduce parking requirements.

Task CE-13.3 Consider impacts to the existing and future bicycle and pedestrian network when completing environmental review for private development projects, and require mitigation measures where necessary and reasonable to ensure that these systems are not impacted.

Walk Bike Daly City
The City of Daly City replaced its 2013 Bicycle and Pedestrian Master Plan in 2020 with Walk Bike Daly City, a new master plan for bicycle and pedestrian facilities within the Daly City. Walk Bike Daly City aims to expand the City’s network of pedestrian and bicycle facilities; close gaps in the existing system; enhance connections to key destinations; and, more generally, make walking and biking in Daly City safer, easier, and more popular.

Existing Conditions
Roadway Network
Regional access to the project site is provided by I-280, SR-1, and SR-35 (also known as Skyline Boulevard). Local access to the project site is provided via Southgate Avenue, John Daly Boulevard, Lake Merced Boulevard, Park Plaza Drive, and Palmcrest Drive. These roadways are described below:

I-280 is an eight- to 12-lane freeway with a posted speed limit of 65 miles per hour (mph). The northsouth freeway connects Daly City with nearby cities, such as San Francisco and San Bruno, and regional destinations, such as San José. Additionally, it provides access to the greater freeway network with direct connections to Interstates 680 and 880, U.S. Highway 101, and State Routes 1, 35, 92, and 85. The John Daly Boulevard off-ramp provides access to the project site via Park Plaza Drive and Lake Merced Boulevard.

Skyline Boulevard is a two-to-three lane highway with a posted speed limit of 50 mph within the project area. Skyline Boulevard extends northward into San Francisco and southward through the Santa Cruz Mountains. The John Daly Boulevard intersection provides access to the project site via Lake Merced Boulevard and Park Plaza Drive. The Westridge Avenue intersection provides access to the project site via Southgate Avenue.

SR-1 is a major north-south highway that extends from Mendocino County to Orange County along the Pacific Coast. SR 1 is also known as Junipero Serra Boulevard for a short segment to the north of the project site, and 19th Avenue farther north. The highway has a posted speed limit of 35 to 45 mph along these segments. As part of the interchange at John Daly Boulevard, it merges with I-280 and increases to a posted speed limit of 65 mph. SR 1 and I-280 run together in the northbound and southbound directions between approximately John Daly Boulevard and Colma Boulevard. SR 1 has

Westlake South Mixed-Use Project 125 Initial Study
City of Daly City June 2022
three lanes in each direction to the north of the interchange, and I-280/SR 1 has six lanes in each direction.

Southgate Avenue is a collector street that traces a semicircle around Daly City and runs east to west along the north side of the project site. It is median-separated next to Westlake Center with one lane in each direction, and has one lane plus a Class II bicycle lane in each direction without a median to the west of the project site. There is on-street parking along one side of the road next to Westlake Shopping Center and parking on both sides to the west of Westlake Shopping Center. Daly City designates Southgate Avenue as bike route 75.

John Daly Boulevard is a major east-west arterial north of the project site. It connects Skyline Boulevard to the west with Mission Street to the east, and intersects with Lake Merced Boulevard and Park Plaza Drive. John Daly Boulevard is median-separated and has two lanes in each direction, with one or two additional turning lanes at many of the intersections near the project site.

Lake Merced Boulevard is a major north-south collector on the west side of the project site, which starts south of the project site and continues north through the Parkmerced neighborhood of San Francisco. Lake Merced Boulevard is one lane in each direction with a median turn lane south of John Daly Boulevard, with on-street parking on both sides of the street. Daly City designates Lake Merced Boulevard as bike route 95.

Park Plaza Drive is a north-south local street to the east of the project site that connects John Daly Boulevard on the north to South Park Plaza Drive on the south. Park Plaza Drive provides one lane in each direction, and a median turning lane adjacent to the Westlake Shopping Center. There is onstreet parking on both sides of Park Plaza Drive.

Palmcrest Drive is a private two-lane roadway on the east side of the project site. Palmcrest Drive provides one lane in each direction and connects with Westlake Center to the north. There is on-street parking on both sides of Palmcrest Drive.

Bicycle and Pedestrian Facilities
Class III bikeways73 are present along Southgate Avenue in both the eastbound and westbound direction allowing for direct bicycle access to the project site. Sidewalks are present along Southgate Avenue, Palmcrest Drive, and Lake Merced Boulevard. A non-standard sidewalk is located behind the existing retail store. Crosswalks are present in all directions at the intersection of Lake Merced Boulevard/Southgate Avenue and connect to the northwest corner of the site. There are crosswalks that run northbound and southbound at the intersection of Palmcrest Drive/Southgate Avenue that connect the Westlake Shopping Center parking lot to the northeast corner of the project site. 73 The General Plan Circulation Element defines Class III bikeways as shared bikeways where the cyclist occupies the same right-of-way with either motor vehicles or pedestrians. Signs are used to designate that the street or path also is to be used by cyclists.

Westlake South Mixed-Use Project 126 Initial Study
City of Daly City June 2022
Transit Services
SamTrans
SamTrans provides the principal bus service in San Mateo County. It operates local and school buses, as well as express routes to San Francisco. It is also a service provider for paratransit. All scheduled buses are equipped with front-loading racks that can hold up to two bicycles. In the project vicinity, bus stops exist along Southgate Avenue and Lake Merced Boulevard. The closest bus stop is on the corner of Southgate Avenue and Lake Merced Boulevard, approximately 160 feet west of the project site. The project site is served by SamTrans Route 120 that provides service to the Colma and Daly City BART stations on 10- to 15-minute headways during the peak commute hours.

BART
The nearest Bay Area Rapid Transit (BART) station is the Daly City station, located at 500 John Daly Boulevard, approximately 1.4 miles northeast of the project site. From the Daly City BART station, riders can access Fremont, Pleasanton/Dublin, Richmond and Pittsburg as well as numerous points in between. Trains run on approximately 15-minute headways during commute hours. There are also a number of bus routes and shuttles operated by SamTrans that stop at the Daly City BART station.

Methodology
At the time of this report, the City of Daly City is undertaking a process of updating its significance thresholds to be consistent with SB 743, and the CEQA 2019 Update Guidelines Section 15064.3, subdivision (b). The City has not released draft significance thresholds to determine project VMT impacts. In the absence of a City policy or draft numeric thresholds, this study utilized the OPR guidelines in analyzing VMT.

4.17.2 Impact Discussion
Potentially
Significant
Impact
Less than
Significant
with Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
1) Conflict with a program, plan, ordinance, or
policy addressing the circulation system,
including transit, roadways, bicycle lanes, and
pedestrian facilities?
2) Conflict or be inconsistent with CEQA
Guidelines Section 15064.3, subdivision (b)?
3) Substantially increase hazards due to a
geometric design feature (e.g., sharp curves or
dangerous intersections) or incompatible uses
(e.g., farm equipment)?
4) Result in inadequate emergency access?

Westlake South Mixed-Use Project 127 Initial Study
City of Daly City June 2022
Impact TRN-1: The project would not conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadways, bicycle lanes, and pedestrian facilities. (Less than Significant Impact) Circulation System
The City of Daly City does not currently have an adopted VMT policy. Per SB 743, the City’s LOS standards cannot be used in CEQA analysis for transportation impacts. The CMP requires traffic impact analyses and notification when a project generates greater than 100 ADT The project would generate more than 100 peak hour trips and, therefore, a County CMP analysis is required. A summary of the project’s County CMP analysis are discussed in the Non-CEQA Effects discussion following Impact TRN-4. The project’s VMT impact is discussed in Impact TRN-2, below.

The project would include signalization of the Southgate Avenue and Lake Merced Boulevard intersection. The intersection signals would be interconnected with the adjacent traffic signals. This would be considered an improvement to existing conditions as it would increase vehicle and pedestrian safety.

Transit Services
The project could generate new transit users but is not anticipated to exceed the capacity of bus service near the project site considering the high frequency with which service is provided within the project vicinity. The project would not conflict with any SamTrans policies related to the transit system.

Bicycle and Pedestrian Facilities
The project would include approximately 100 bicycle storage spaces for the on-site residents. The bicycle storage would be provided on the first floor, in a separate room accessible from the parking garage. The project would provide new sidewalks along all sides of the building. The project would also provide bulb-outs and shortened pedestrian crossings at the northeast and northwest corners of the intersection of Southgate Avenue and Lake Merced Boulevard. The project shall also construct a new sidewalk along Lake Merced Boulevard between Southgate Avenue and the existing driveway to the Home Depot in the Westlake Shopping Center. Therefore, the project would result in a net increase of pedestrian facilities and would increase pedestrian safety and connectivity within the project vicinity.

All project sidewalks and other pedestrian facilities would be compliant with the Americans with Disabilities Act of 1990 (ADA) requirements. The project would not conflict with any of the policies within Walk Bike Daly City. (Less than Significant Impact) Impact TRN-2: The project would not conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b). (Less than Significant Impact) The VMT thresholds used for this project are based on OPR’s recommendations. OPR has established screening thresholds that can be used to identify when a project would be expected to cause a less than significant impact without conducting a detailed VMT study. These screening

Westlake South Mixed-Use Project 128 Initial Study
City of Daly City June 2022
thresholds are based on project size, VMT character of the project’s location, land use type, and accessibility to transit. Per OPR guidelines, projects that are located within 0.5-mile of a high-quality transit corridor with bus service intervals of no longer than 15 minutes during the peak commute hours would have a less than significant impact on VMT. The project site is approximately 200 feet from the Lake Merced Boulevard and Southgate Avenue bus stop, which serves SamTrans Routes 120 and 122. The frequency of service for this busy stop is 15 minutes or less during peak periods. In addition, the project is located approximately 0.3 miles from John Daly Boulevard, which also meets the high-quality transit corridor criteria based on the fixed route service of Routes 120 and 122 with service intervals no longer than 15 minutes during peak commute hours.

The OPR Guidelines also recommend the following criteria be considered when applying the highquality transit screening criteria: 1) the site must have a Floor Area Ratio (FAR) of more than 0.75; 2) the site may not include more parking for use by residents, customers, or employees of the project than required by the jurisdiction; 3) the site must be consistent with the applicable Sustainable Communities Strategy; and 4) the site must not replace affordable residential units with a smaller number of moderate- or high-income residential units. The project would meet these additional criteria because the project proposes a FAR of 0.76, would provide less than the required 390 spaces required by the City, does not conflict with the Sustainable Communities Strategy, and would not replace any affordable housing units. Therefore, the project would satisfy the proximity to highquality transit screening criteria and would be considered to have a less than significant VMT impact.

Additionally, the shift from existing retail to a mixed-use would result in the project generating less than 110 net new trips per day on the transportation network (see Table 4.17-1), which is another OPR screening threshold for determining a less than significant transportation impact. (Less than Significant Impact)
Impact TRN-3: The project would not substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment). (Less than Significant Impact) The project driveway leading to the proposed parking garage would be approximately 26 feet wide, exceeding the City’s 24-foot width requirement for driveways providing access to more than fifty spaces (Municipal Code 17.34.060). The parking spaces within the proposed parking garage would be 90-degree parking stalls and would be a minimum of 8.5 feet wide by 19 feet long in accordance with Section 17.34.030 of the Municipal Code. The project would keep the sightline from the proposed driveway clear of obstructions to ensure that vehicles would be able to safely turn in and out of the proposed parking garage.

As a condition of approval, the project shall be required by the City to relocate the stop bar on Palmcrest Drive south of the project 10 feet east to provide adequate sight distance. No trees or other obstructions shall be located at the southeast corner of the property to avoid intersection hazards.

The project does not propose any uses that would be incompatible with existing uses in the project area. Therefore, the project would not substantially increase hazards due to a geometric design feature or incompatible uses. (Less than Significant Impact)

Westlake South Mixed-Use Project 129 Initial Study
City of Daly City June 2022
Impact TRN-4: The project would not result in inadequate emergency access. (Less than Significant Impact)
The proposed project’s alignments of drive aisles, and the radii of the corners and curbs would be adequate to accommodate circulation of emergency vehicles and would be reviewed by City staff prior to building permit issuance. Therefore, the project would not result in inadequate emergency access. (Less than Significant Impact)

4.17.3 Non-CEQA Effects
While the evaluation of project CEQA impacts on the transportation system is based on VMT, in accordance with General Plan Task CE-1.3 and the County CMP, the following discussion is included for informational purposes to analyze non-CEQA transportation issues, including intersection level of service, on-site queuing, and parking.

Baseline Conditions
The baseline conditions of the study intersections were based on traffic counts from the Westlake Shopping Center Traffic Impact Study (TIS) prepared by Fehr and Peers in October 2017. A one percent annual growth factor was applied to adjust the baseline volumes to the year 2021.

Cumulative conditions were based on 2035 traffic volumes from the Westlake Shopping Center TIS.

The vacant retail store on the project site was operational at the time traffic counts were taken for the Westlake Shopping Center TIS and could be reoccupied with a retail use. The project trip generation and intersection LOS analysis, therefore, take into account the vehicle trips and associated LOS from operation of the retail store on the project site.

Trip Generation
Given that the project is replacing an approximately 55,000 sf retail store with an approximately 362,135 sf mixed-use building, trips generated by the project were analyzed as a net value compared to baseline conditions. Baseline and proposed vehicle trips to and from the project site are shown in Table 4.17-1, below.

Table 4.17-1: Trip Generation for Baseline and Proposed Project Land Use ITE Land
Use Code Size Daily Rate Daily Trips
Baseline Shopping Center 820 55,000 sf 0.94 2,076
Proposed Multifamily Housing
(Mid-Rise) 221 214 units 0.36 1,164
Shopping Center 820 10,800 sf 0.94 408
Internal Capture (19% of proposed daily trips)1 -296
Retail Pass-by Reduction (34% of proposed daily trips)2 -91 Total Proposed Trips 1,185

Westlake South Mixed-Use Project 130 Initial Study
City of Daly City June 2022
Table 4.17-1: Trip Generation for Baseline and Proposed Project Land Use ITE Land
Use Code Size Daily Rate Daily Trips
Net New Project Trips -891
Source: Institute of Transportation Engineers (ITE) Trip Generation, 10th Edition; ITE Trip Generation Handbook, 3rd Edition
1 Internal Capture calculated using ITE Trip Generation Handbook, 3rd Edition methodology. ITE methodology does not include calculation for daily trips, therefore the average percentage of the AM and PM peak hours were assumed for daily internal capture.
2 Pass-by rates calculated using ITE Trip Generation Handbook, 3rd Edition methodology. ITE methodology does not include calculation for daily trips, therefore the PM peak hour was assumed for daily pass-by rate.

Intersection LOS
An intersection LOS analysis was conducted for the AM (7:00 AM – 9:00 AM) and PM (4:00 PM – 6:00 PM) peak hour traffic for the following eleven intersections:
• Lake Merced Boulevard/John Daly Boulevard
• Park Plaza Drive/John Daly Boulevard
• I-280 Southbound (SB) On-Ramp/SR 1 Off-Ramp/John Daly Boulevard • Junipero Serra Boulevard/John Daly Boulevard
• Lake Merced Boulevard/Southgate Avenue
• Palmcrest Drive/Westlake Center/Southgate Avenue
• Park Plaza Drive/Southgate Avenue
• Westlake Center/John Daly Boulevard
• Lake Merced Boulevard/Belmar Avenue
• Park Plaza Drive/Belmar Avenue
• Sheffield Drive/Poncetta Drive/John Daly Boulevard
The LOS standard for a signalized intersection in the Circulation Element of the City of Daly City General Plan is LOS D. Project deficiencies at signalized intersections would occur when the addition of the project traffic would result in the following conditions according to the City of Daly City General Plan: 1) project deficiency would be identified if the addition of project traffic at a study intersection would result in the intersection Level of Service worsening from LOS D or better to LOS E or F; 2) if total intersection delay would worsen at an intersection already operating at LOS E or F. A summary of the project’s individual and cumulative impacts on the study intersections is provided in Table 4.17-2 and Table 4.17-3, respectively.

Westlake South Mixed-Use Project 131 Initial Study
City of Daly City June 2022
Table 4.17-2: Baseline and Baseline Plus Project Intersection LOS Intersection Control
Baseline Baseline + Project
AM Peak PM Peak AM Peak PM Peak
LOS Delay3
(sec) LOS Delay
(sec) LOS Delay
(sec) LOS Delay
(sec)
Lake Merced
Blvd/John Daly
Blvd
Signal C 27.8 C 31.1 C 28.1 C 31.4
Park Plaza Dr/
John Daly Blvd Signal C 30.8 C 30.8 C 31.2 C 30.2
I-280 SB OnRamp/SR 1 OffRamp/John
Daly Blvd
Signal B 13.8 B 12.7 B 13.8 B 12.8
Junipero Serra
Blvd/John Daly
Blvd
Signal F 81.2 E 77.9 F 82.5 E 77.5
Lake Merced
Blvd/Southgate
Ave
AWSC1 B 14.5 C 19.0 D 37.5 D 39.0
Palmcrest Dr/
Westlake Ctr/
Southgate Ave
AWSC B 10.5 C 15.8 A 9.4 B 13.3
Park Plaza/
Southgate Ave Signal B 15.9 B 14.0 B 16.1 B 12.9
Westlake
Center/John
Daly Blvd
Signal B 14.3 C 28.5 B 14.1 C 28.4
Lake Merced
Blvd./Belmar
Ave
SSSC2 B 14.3 C 15.3 B 14.6 C 15.4
Park Plaza
Dr/Belmar Ave SSSC B 12.5 B 14.8 B 12.7 B 14.3
Sheffield Dr/
Poncetta Dr/
John Daly Blvd
Signal D 38.3 D 42.3 C 34.7 D 42.0
Notes: Intersections that are operating below LOS D are shown in BOLD 1 AWSC = All Way Street Stop Control
2 SSSC = Side Street Stop Control
3 The average control delay is reported for signalized and AWSC intersections.

Westlake South Mixed-Use Project 132 Initial Study
City of Daly City June 2022
As shown in Table 4.17-2, above, all study intersections would function within acceptable LOS standards under Existing Plus Project Conditions except for the Junipero Serra Boulevard/John Daly Boulevard intersection. The project would increase the average delay at this intersection by 1.3 seconds during the AM peak hour and would decrease the average delay during the PM peak hour.

This intersection was recognized as operating unacceptably in existing 2008 conditions and cumulative 2035 conditions by the General Plan. The City Council adopted a statement of overriding conditions since the intersection was found to be deficient, but the recommended improvement to address the deficiency was found to be infeasible. Therefore, the project would not be considered to cause a deficiency at the Junipero Serra Boulevard/John Daly Boulevard intersection.

Table 4.17-3: Cumulative and Cumulative Plus Project Intersection LOS Intersection Control
Cumulative Cumulative + Project
AM Peak PM Peak AM Peak PM Peak
LOS Delay3
(sec) LOS Delay
(sec) LOS Delay
(sec) LOS Delay
(sec)
Lake Merced
Blvd/John Daly
Blvd
Signal C 30.2 C 33.3 C 30.4 C 33.4
Park Plaza Dr/
John Daly Blvd Signal C 38.6 C 31.1 C 38.5 C 30.7
I-280 SB OnRamp/SR 1 OffRamp/John
Daly Blvd
Signal B 13.7 B 13.5 B 13.7 B 13.6
Junipero Serra
Blvd/John Daly
Blvd
Signal F 99.0 F 117.1 F 104.0 F 111.2
Lake Merced
Blvd/Southgate
Ave
AWSC1 C 15.3 C 21.0 D 40.5 D 41.9
Palmcrest Dr/
Westlake Ctr/
Southgate Ave
AWSC B 10.8 C 16.1 B 10.7 B 13.6
Park Plaza/
Southgate Ave Signal B 15.3 B 15.2 B 15.5 C 13.7
Westlake
Center/John
Daly Blvd
Signal B 15.2 D 37.9 B 15.0 D 36.4
Lake Merced
Blvd/Belmar
Ave
SSSC2 E 36.2 C 16.2 C 15.1 C 17.7

Westlake South Mixed-Use Project 133 Initial Study
City of Daly City June 2022
Table 4.17-3: Cumulative and Cumulative Plus Project Intersection LOS Intersection Control
Cumulative Cumulative + Project
AM Peak PM Peak AM Peak PM Peak
LOS Delay3
(sec) LOS Delay
(sec) LOS Delay
(sec) LOS Delay
(sec)
Park Plaza
Dr/Belmar Ave SSSC B 12.8 C 15.0 B 12.9 B 14.6
Sheffield Dr/
Poncetta Dr/
John Daly Blvd
Signal D 45.5 E 58.2 D 46.6 E 56.7
Notes: Intersections that are operating below LOS D are shown in BOLD 1 AWSC = All Way Street Stop Control
2 SSSC = Side Street Stop Control
3 The average control delay is reported for signalized and AWSC intersections.

Under cumulative and cumulative plus project conditions, all study intersections would continue to operate at an acceptable level except for the Junipero Serra Boulevard/John Daly Boulevard intersection and the Sheffield Drive/Poncetta Drive/John Daly Boulevard intersection. The project would increase the average delay at the Junipero Serra Boulevard/John Daly Boulevard intersection by 2.4 seconds during the AM peak hour and would decrease the average delay during the PM peak hour. Given that the City Council adopted a statement of overriding conditions for this intersection, the project would not result in an intersection deficiency.

The Sheffield Drive/Poncetta Drive/John Daly Boulevard intersection would begin operating below LOS D at cumulative conditions during the PM peak hour. However, the project would decrease the average delay at the intersection by 1.6 seconds during the PM peak hour. Therefore, the project would not result in any intersection deficiencies.

On-Site Queuing
The queue length for the southbound approach was evaluated to determine if potential queuing due to vehicles making a southbound left turn into the proposed parking garage could potentially block traffic along Lake Merced Boulevard. Kimley-Horn determined that the 95th percentile queue length would be 80 feet or less during both the AM and PM peak hour and would not cause any queuing deficiencies.

Parking Analysis
The proposed mixed-use building and the rest of the Westlake Shopping Center are part of Planned Development Zoning District PD-60A. The PD-60A zoning requires a certain number of parking spaces to be provided relative to the size or number of each proposed facility on-site. The applicant is proposing to amend the PD-60A requirements to allow a 20 percent reduction in total required parking spaces. Table 4.17-4 summarizes the parking requirements for the project below.

Westlake South Mixed-Use Project 134 Initial Study
City of Daly City June 2022
Table 4.17-4: Project Parking Requirements
Facility Size/Number PD-60A Requirement Required
Parking Spaces
Studio Apartment 26 units 1 space/unit 26
One Bedroom Apartment 97 units 1.5 spaces/unit 146
Two Bedroom or Larger 91 units 2 spaces/unit 182
Shopping Center 10,800 sf 3.29 spaces per 1,000 sf of
leasable building area 36
Total Required Parking 390
Total Required Parking (with 20% Reduction applied to Residential) 319 Total Proposed Parking Spaces 341
As shown in Table 4.17-4, the project would exceed the minimum number of required parking spaces.

Shared Parking
There is potential for shared parking between the proposed mixed-use project and the remainder of the Westlake Shopping Center. For example, residents of the proposed project would most likely leave their vehicles parked within the residential garage and walk to the retail or restaurant uses within the Westlake Shopping Center rather than drive and park within the retail parking lots. Also, there is no restriction for the commercial parking, so retail customers may choose to park and walk to any uses within the PD-60A area.

Construction of the proposed mixed-use building would result in a 24-27 percent shared parking reduction for the project site. It is estimated that parking demand in the PD-60A area ranges from 1,511 to 2,267 parking spaces. With construction of the proposed mixed-use building and existing entitlements, the PD-60A area would contain a total of approximately 2,563 parking spaces and will have an interim total of 2,375 parking spaces. Therefore, the PD-60A area would have enough shared parking spaces to accommodate the maximum estimated demand.

Westlake South Mixed-Use Project 135 Initial Study
City of Daly City June 2022

TRIBAL CULTURAL RESOURCES

4.18.1 Environmental Setting
Regulatory Framework
State
Assembly Bill 52
AB 52, effective July 2015, established a new category of resources for consideration by public agencies called Tribal Cultural Resources (TCRs). AB 52 requires lead agencies to provide notice of projects to tribes that are traditionally and culturally affiliated with the geographic area if they have requested to be notified. Where a project may have a significant impact on a tribal cultural resource, consultation is required until the parties agree to measures to mitigate or avoid a significant effect on a tribal cultural resource or until it is concluded that mutual agreement cannot be reached.

Under AB 52, TCRs are defined as follows:
• Sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe that are also either:
o Included or determined to be eligible for inclusion in the California Register of Historic Resources, or
o Included in a local register of historical resources as defined in Public Resources Code Section 5020.1(k).
• A resource determined by the lead agency to be a TCR.

Existing Conditions
Archaeological resources in Daly City consist primarily of the remains of the Ohlone Indian tribe, which inhabited a large area along the California Coast from the San Francisco Bay to the Monterey Bay. The Mussel Rock archaeological site is the only source of Ohlone artifacts within the City.

The project site is currently developed with a retail store and the original land surface has been buried underneath artificial fill.

4.18.2 Impact Discussion
Potentially
Significant
Impact
Less than
Significant
with Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project cause a substantial adverse
change in the significance of a tribal cultural
resource, defined in Public Resources Code
Section 21074 as either a site, feature, place,
cultural landscape that is geographically defined in
terms of the size and scope of the landscape,
sacred place, or object with cultural value to a
California Native American tribe, and that is:

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1) Listed or eligible for listing in the California
Register of Historical Resources, or in a local
register of historical resources as defined in
Public Resources Code Section 5020.1(k)?
2) A resource determined by the lead agency, in
its discretion and supported by substantial
evidence, to be significant pursuant to criteria
set forth in subdivision (c) of Public Resources
Code Section 5024.1? In applying the criteria
set forth in subdivision (c) of Public Resources
Code Section 5024.1, the lead agency shall
consider the significance of the resource to a
California Native American tribe.

Impact TCR-1: The project would not cause a substantial adverse change in the significance of a tribal cultural resource that is listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code Section 5020.1(k). (Less than Significant Impact with Mitigation Incorporated)
No tribes have contacted the City to request notification under AB 52. The project site is currently developed and there are no known tribal cultural resources on-site. In the event that an inadvertent discovery of a tribal cultural resource is made, mitigation measures MM CUL-2.1, MM CUL-2.2, and MM CUL-3.1 would be implemented, as stated in Section 4.5 Cultural Resources of this Initial Study. (Less Than Significant Impact with Mitigation Incorporated) Impact TCR-2: The project would not cause a substantial adverse change in the significance of a tribal cultural resource that is determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. (Less than Significant Impact with Mitigation Incorporated) Please see response to Impact TCR-1. (Less than Significant Impact with Mitigation Incorporated)

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UTILITIES AND SERVICE SYSTEMS
The following discussion is based, in part, on a hydraulic analysis prepared for the project by Brown and Caldwell, dated April 2021, and a sanitary sewer capacity evaluation prepared for the project by Woodard & Curran, dated March 2021. Copies of these reports are included in Appendix H and Appendix I of this Initial Study, respectively.

4.19.1 Environmental Setting
Regulatory Framework
State
State Water Code
Pursuant to the State Water Code, water suppliers providing water for municipal purposes to more than 3,000 customers or supplying more than 3,000 acre-feet (approximately 980 million gallons) of water annually must prepare and adopt an urban water management plan (UWMP) and update it every five years. As part of a UWMP, water agencies are required to evaluate and describe their water resource supplies and projected needs over a 20-year planning horizon, water conservation, water service reliability, water recycling, opportunities for water transfers, and contingency plans for drought events. The City of Daly City adopted its most recent UWMP in June 2021.

Assembly Bill 939
The California Integrated Waste Management Act of 1989, or AB 939, established the Integrated Waste Management Board, required the implementation of integrated waste management plans, and mandated that local jurisdictions divert at least 50 percent of solid waste generated (from 1990 levels), beginning January 1, 2000, and divert at least 75 percent by 2010. Projects that would have an adverse effect on waste diversion goals are required to include waste diversion mitigation measures.

Assembly Bill 341
AB 341 sets forth the requirements of the statewide mandatory commercial recycling program.

Businesses that generate four or more cubic yards of garbage per week and multi-family dwellings with five or more units in California are required to recycle. AB 341 sets a statewide goal for 75 percent disposal reduction by the year 2020.

Senate Bill 1383
SB 1383 establishes targets to achieve a 50 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020 and a 75 percent reduction by 2025. The bill grants CalRecycle the regulatory authority required to achieve the organic waste disposal reduction targets and establishes an additional target that at least 20 percent of currently disposed edible food is recovered for human consumption by 2025.

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California Green Building Standards Code
CALGreen establishes mandatory green building standards for buildings in California. CALGreen was developed to reduce GHG emissions from buildings, promote environmentally responsible and healthier places to live and work, reduce energy and water consumption, and respond to state environmental directives. CALGreen covers five categories: planning and design, energy efficiency, water efficiency and conservation, material and resource efficiency, and indoor environmental quality. CALGreen requires that construction projects recycle or salvage 65 percent of non-hazardous construction and demolition waste.

Local
Daly City 2030 General Plan
The General Plan includes policies for the purpose of avoiding or mitigating impacts resulting from development projects within the City. The following policies are specific to utilities and service systems and are applicable to the proposed project.

Policy/Task Description
Policy RME-1 Reduce average per capita demand by implementing cost effective water conservation programs that address all applicable methods of water conservation.

Task RME-1.1 Enforce the provisions of the Indoor Water Use Efficiency Ordinance through an extensive public outreach campaign to residents and contractors, to be completed by 2014.

Policy RME-2 Require drought resistant landscaping and water conserving irrigation methods in new development, and encourage the replacement of existing water-intensive landscaping.

Task RME-2.1 Enforce the provisions of the Water Conservation in Landscaping Ordinance and conduct a public education effort to ensure that residents, businesses, and contractors are aware of the Ordinance provisions.

Policy RME-3 Continue to use recycled wastewater for irrigating and explore opportunities to expand capacity to accommodate its use in development projects, landscaped medians, golf courses, cemeteries, parks, and school playgrounds.

Policy RME-4 For development projects which will create water demand exceeding a pre-defined amount, require that developers provide a water supply analysis for the project to demonstrate water availability to adequately serve the proposed project.

Policy RME-8 Through the development of a Stormwater Management Program, ensure that all new development complies with applicable municipal stormwater Municipal Regional Stormwater NPDES Permit by incorporating controls that reduce water quality impacts over the life of the project in way that is both technically and economically feasible, and reduces pollutants in stormwater discharges to the maximum extent practicable.

Task RME-8.2 Evaluate acceptable development standards for stormwater treatment mechanisms and publish such standards for distribution to developers. Such standards shall be based on a thorough evaluation of modern stormwater control mechanisms and shall, to the extent feasible, consider soil conditions in various parts of Daly City.

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Task RME-8.4 Assess projected stormwater impacts from new development in conformance with the San Mateo County Water Pollution Prevention Program, CEQA Guidelines and relative to state and federal standards.

Policy RME-9 Balance stormwater mitigation measures with the other inherent benefits of higher density development that is in close proximity to public transit, i.e., reduction of VMT on local and regional roadways, to the ex-tent permitted under the Municipal Regional Stormwater Permit.

Policy HE-27 Through the development of a Stormwater Management Program, ensure that all new development complies with applicable Municipal Regional Stormwater NPDES Permit requirements by incorporating controls that reduce water quality impacts over the life of the project in way that is both technically and economically feasible, and reduces pollutants in stormwater discharges to the maximum extent practicable.

Daly City Urban Water Management Plan (2020)
The UWMP is a long-range plan that assesses the City’s water supply over a 25-year planning horizon (2045) to ensure adequate water supplies to meet existing and future demands for water. The UWMP presents forecasted supplies and demands, describes conservation programs, and includes a water shortage contingency analysis.

Daly City Municipal Code
Chapter 17.41, Water Conservation in Landscaping, establishes regulations to implement water conservation practices on existing and new landscapes. For projects containing more than 1,000 square feet of irrigated landscape, a landscape permit is required which requires irrigation design review. Further, this Chapter mandates that any owner of landscape of over one acre in size shall comply with local agency programs that may be instituted relating to irrigation audits, surveys and water use analysis, and shall maintain landscape irrigation facilities to prevent water waste and runoff.

Existing Conditions
Water Supply
Water service to the project site is provided by the Daly City Department of Water and Wastewater Resources (DWWR). The City relies on local groundwater pumping from six municipal wells and water supply purchases from the SFPUC.74 The City also uses tertiary recycled water from the North San Mateo County Sanitation District wastewater treatment plant, to offset potable/aquifer water demands. The project site is served by 10-inch water mains in Southgate Avenue and Lake Merced Boulevard.

Storm Drainage
The project site is located within the Vista Grande Watershed which encompasses 2.5 square miles and borders San Francisco County on the north, Colma Creek watershed to the south and east, and the Pacific Ocean on the west. The project site currently consists of approximately 82,910 sf (98.5 74 City of Daly City. General Plan Environmental Impact Report. Utilities and Service Systems. 2012.

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percent) impervious surface area and 1,340 sf (1.5 percent) pervious surface area. Stormwater not absorbed within the project site is directed to the curb inlets and conveyed into the existing stormwater lines in Southgate Avenue and Palmcrest Drive.

Wastewater/Sanitary Sewer System
Wastewater collection and treatment for Daly City is managed by the North San Mateo County Sanitation District (NSMCSD), which is a subsidiary of the City of Daly City. Wastewater produced within the District is treated at the NSMCSD Treatment Plant (WWTP), which is located at the corner of John Daly Boulevard and Lake Merced Boulevard.

Sanitary sewer lines in the project area are maintained by the City of Daly City Department of Water and Wastewater Resources. The project site is served by an existing six-inch sanitary sewer main in Southgate Avenue and an existing eight-inch sanitary sewer main in Lake Merced Boulevard.

The City’s WWTP has an average dry weather flow design capacity of 10.3 million gpd. However, the NSMCSD discharges and operates the WWTP at or below the permitted average dry weather flow rate of eight million gpd (averaged over three consecutive dry months) and does not anticipate a need to increase the permitted flow rate in the next five years.

Solid Waste
Solid waste is collected from Daly City homes and businesses and is processed by Republic Services of Daly City at its Mussel Rock Transfer Station. Materials that cannot be recycled or composted are transferred to the Ox Mountain Sanitary Landfill near Half Moon Bay. In 2001, Browning-Ferris Industries, owner of the Ox Mountain Landfill, obtained a revised solid waste facility permit for Ox Mountain to increase the permitted disposal acreage from 173 acres to 191 acres and to change the closure date of the facility from 2018 to 2023, with a longer period of operation allowed pending renewal of the landfill’s permit. The current landfill permit estimates closure of the landfill in 2034.75 The Ox Mountain Landfill has a remaining capacity of approximately 22,180,000 cubic yards of solid waste. . Capacity may change based on such factors such as amount of waste landfilled, compaction rates, waste settlement, and cover soil use, and therefore the closure date may also change.

Natural Gas and Electricity Facilities
An existing four-inch natural gas line runs through the southern end of the project site from Lake Merced Boulevard to Palmcrest Drive. Underground electricity lines exist in Palmcrest Drive and the alley along the southern border of the project site.
75 CalRecycle. “Solid Waste Information Sheet: Corinda Los Trancos Landfill ( Ox Mtn) (41-AA-0002).” Accessed January 21, 2021. https://www2.calrecycle.ca.gov/SolidWaste/SiteActivity/Details/1561?siteID=3223

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4.19.2 Impact Discussion
Potentially
Significant
Impact
Less than
Significant
with Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
1) Require or result in the relocation or
construction of new or expanded water,
wastewater treatment or stormwater drainage,
electric power, natural gas, or
telecommunications facilities, the construction
or relocation of which could cause significant
environmental effects?
2) Have insufficient water supplies available to
serve the project and reasonably foreseeable
future development during normal, dry and
multiple dry years?
3) Result in a determination by the wastewater
treatment provider which serves or may serve
the project that it does not have adequate
capacity to serve the project’s projected
demand in addition to the provider’s existing
commitments?
4) Generate solid waste in excess of state or local
standards, or in excess of the capacity of local
infrastructure, or otherwise impair the
attainment of solid waste reduction goals?
5) Be noncompliant with federal, state, or local
management and reduction statutes and
regulations related to solid waste?
Impact UTL-1: The project would not require or result in the relocation or construction of new or expanded water, wastewater treatment or stormwater drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects. (Less than Significant Impact)
Water
The project would connect to the existing water mains in Southgate Avenue and Lake Merced Boulevard. The project would also modify the existing system to accommodate the proposed mixeduse building. The project would relocate the existing water mains in Southgate Avenue and Palmcrest Drive out of private property and into the public right-of-way. The project would also upsize a portion of the existing six-inch water main in Lake Merced Boulevard, between North Coronado Avenue and the alley along the southern border of project, to a 10-inch main. The project would also demolish and relocate the existing eight-inch water main located in the southwest corner of the project site. The proposed modifications to the existing water system would be subject to the

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construction-related mitigation measures and standard conditions described in previous sections of this Initial Study76 and thus, would not have a significant impact on the environment.

Wastewater/Sanitary Sewer
Based on the sanitary sewer modeling completed for the project, the proposed development would result in a small increase in sewage flows that could be adequately supported by the existing sanitary sewer system without any modifications. Therefore, the project would not require new or expanded wastewater facilities.

Stormwater Drainage
The project would result in a net increase of pervious surface area. On-site stormwater treatment would occur through the use of bio-retention areas. Consistent with the City’s requirements, the project would not increase site runoff from a 10-year storm for a duration of two hours of rainfall and will retain any increased flow due to reduction in pervious surfaces. Adherence to the City’s stormwater retention requirements would ensure the project would not require new or expanded stormwater facilities.

Natural Gas, Electricity, and Telecommunication Facilities The project would relocate the existing natural gas line running through the project site from private property into the existing public right-of-way of the alley along the southern border of the project site. The project does not propose any modifications to the existing electricity and telecommunication facilities. The proposed modification of the existing natural gas system would be subject to the construction-related mitigation measures and standard conditions77 described in previous sections of this Initial Study and thus, would not have a significant impact on the environment. (Less than Significant Impact)
Impact UTL-2: The project would not have insufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years. (Less than Significant Impact)
Based on the UWMP, in the event the Bay Delta Plan is implemented,78 water demand would exceed supply in normal, single-dry, and multiple-dry year scenarios by 2025. Without implementation of the Bay Delta Plan, water demand would not exceed supply in normal, single-dry, and multiple-dry year scenarios through 2045. The project would increase water use on the site by approximately 43,206 gallons per day (gpd).79 The project would result in a population increase that is within the estimated population projections used in the City’s UWMP. The City identifies demand reduction 76 Refer to Sections 4.3 Air Quality, 4.4 Biological Resources, 4.5 Cultural Resources, 4.9 Hazards and Hazardous Materials, 4.10 Hydrology and Water Quality, and 4.13 Noise. 77 Ibid. 78 The implementation of the Bay Delta Plan is currently in litigation which creates uncertainty in the available supply for Daly City.
79 Brown and Caldwell. Hydraulic Analysis for the Westlake South Project. April 2021. 712 net new residents x 60 gallons per capita per day = 42,720 gpd; 10,800 sf x 0.0450 gallons per sf per day = 486 gpd. Total project water use estimate: 42,720 gpd + 486 gpd = 43,206 gpd.

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actions in the UWMP that could be used to reduce water demand, ranging from voluntary reductions to prohibiting landscape irrigation. The use of demand reduction measure, which could be required City-wide in single-dry and multiple-dry year scenarios, ensures the City would have adequate water supply under all scenarios. The City, therefore, would have sufficient water supplies to serve the project during normal, dry, and multiple dry years. (Less than Significant Impact) Impact UTL-3: The project would not result in a determination by the wastewater treatment provider which serves or may serve the project that it does not have adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments. (Less than Significant Impact)
The WWTP has an average dry weather flow design capacity of 10.3 million gallons per day (mgd).

The General Plan FEIR determined that full buildout of the General Plan would generate approximately 6.66 mgd which is below the permitted flow rate of eight mgd, leaving 1.34 mgd of unused capacity at buildout. The project would add approximately 37,460 gpd of wastewater to be treated at the WWTP, or approximately 2.8 percent of the unused capacity. The project, therefore, results in a less than significant increase in wastewater flow. In addition, the WWTP monitors its wastewater to ensure that it meets all requirements and the RWQCB routinely inspects treatment facilities to ensure permit requirements are met. For these reasons, there would be adequate capacity at the WWTP. (Less than Significant Impact)
Impact UTL-4: The project would not generate solid waste in excess of state or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals. (Less than Significant Impact)
Waste generation and disposal data for Daly City is maintained by CalRecycle. According to CalRecycle, the total amount of solid waste landfilled from Daly City in 2020 was 48,967 tons.80 The project would generate approximately 110 tons of solid waste per year.81 The Ox Mountain Landfill has a remaining capacity of approximately 22,180,000 cubic yards of solid waste.82 The project would increase solid waste generation in the City by less than one percent and, therefore, would not generate solid waste in excess of local standards or capacity and would not impair the attainment of solid waste reduction goals. (Less than Significant Impact) 80 CalRecycle. “Disposal Rate Calculator”. Accessed December 17,2021. https://www2.calrecycle.ca.gov/LGCentral/AnnualReporting/DisposalRateCalculator. 81 Illingworth & Rodkin, Inc. 99 Southgate Avenue Air Quality and Greenhouse Gas Assessment. December 10, 2021. Attachment 2: CalEEMod Modeling Inputs and Outputs. 82 CalRecycle. “Solid Waste Information Sheet: Corinda Los Trancos Landfill ( Ox Mtn) (41-AA-0002).” Accessed March 23, 2022. https://www2.calrecycle.ca.gov/SolidWaste/SiteActivity/Details/1561?siteID=3223

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Impact UTL-5: The project would not be noncompliant with federal, state, or local management and reduction statutes and regulations related to solid waste. (Less than Significant Impact)
The project would comply with solid waste management and reductions statutes and regulations including CALGreen requirements for recycling and salvaging of construction and demolition waste. (Less than Significant Impact)

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WILDFIRE

4.20.1 Environmental Setting
Existing Conditions
The California Department of Forestry and Fire Protection (Cal Fire) is required by law to map areas of significant fire hazards based on fuels, terrain, weather, and other relevant factors. Referred to as Fire Hazard Severity Zones (FHSZ), these maps influence how people construct buildings and protect property to reduce risk associated with wildland fires. The project site is not located in a FHSZ.83

4.20.2 Impact Discussion
Potentially
Significant
Impact
Less than
Significant
with Mitigation
Incorporated
Less than
Significant
Impact
No Impact
If located in or near state responsibility areas or
lands classified as very high fire hazard severity
zones, would the project:
1) Substantially impair an adopted emergency
response plan or emergency evacuation plan?
2) Due to slope, prevailing winds, and other
factors, exacerbate wildfire risks, and thereby
expose project occupants to pollutant
concentrations from a wildfire or the
uncontrolled spread of a wildfire?
3) Require the installation or maintenance of
associated infrastructure (such as roads, fuel
breaks, emergency water sources, power lines,
or other utilities) that may exacerbate fire risk
or that may result in temporary or ongoing
impacts to the environment?
4) Expose people or structures to significant
risks, including downslope or downstream
flooding or landslides, as a result of runoff,
post-fire slope instability, or drainage
changes?
The project site is not located in or near state responsibility areas or lands classified as very high fire hazard severity zones; therefore, the project would not result in wildfire impacts. (No Impact) 83 CALFire. San Mateo County Fire Hazard Severity Zones in SRA. Adopted by CALFire on November 7, 2007.

Map. Accessed June 22, 2021. https://osfm.fire.ca.gov/media/6802/fhszs_map41.pdf

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MANDATORY FINDINGS OF SIGNIFICANCE
Potentially
Significant
Impact
Less than
Significant
with Mitigation
Incorporated
Less than
Significant
Impact
No Impact
1) Does the project have the potential to
substantially degrade the quality of the
environment, substantially reduce the habitat
of a fish or wildlife species, cause a fish or
wildlife population to drop below selfsustaining levels, threaten to eliminate a plant or animal community, substantially reduce the
number or restrict the range of a rare or
endangered plant or animal, or eliminate
important examples of the major periods of
California history or prehistory?
2) Does the project have impacts that are
individually limited, but cumulatively
considerable? (“Cumulatively considerable”
means that the incremental effects of a project
are considerable when viewed in connection
with the effects of past projects, the effects of
other current projects, and the effects of
probable future projects.)
3) Does the project have environmental effects
which will cause substantial adverse effects on
human beings, either directly or indirectly?
Impact MFS-1: The project does not have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory. (Less than Significant Impact with Mitigation Incorporated) As discussed in the individual sections, the proposed project would not degrade the quality of the environment with the implementation of identified mitigation measures. As discussed in Section 4.4 Biological Resources, the project would not impact sensitive habitat or species but requires the implementation of appropriate mitigation measures for nesting preconstruction bird surveys. There are no historic buildings on-site or in the immediate project vicinity as discussed in Section 4.5 Cultural Resources. However, the project requires implementation of appropriate mitigation measures if project construction encounters buried archaeological resources. (Less Than Significant Impact with Mitigation Incorporated)

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Impact MFS-2: The project does not have impacts that are individually limited, but cumulatively considerable. (Less than Significant Impact with Mitigation Incorporated)
Under Section 15065(a)(3) of the CEQA Guidelines, a lead agency shall find that a project may have a significant effect on the environment where there is substantial evidence that the project has potential environmental effects “that are individually limited, but cumulatively considerable.” As defined in Section 15065(a)(3) of the CEQA Guidelines, cumulatively considerable means “that the incremental effects of an individual project are significant when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.” This cumulative analysis considers the impacts of the project in combination with another Westlake Shopping Center mixed-use project located at 10 Park Plaza Drive that is approximately one-quarter mile north of the project site. The Westlake Shopping Center mixed-use project would redevelop a 1.95-acre with 180 dwelling units and approximately 34,000 square feet of retail space for a net loss of approximately 21,600 square feet of commercial space. The project was approved in 2018 but has not commenced construction. Other projects listed in the City’s Current Project List are generally not located within the project vicinity.

Resource Topics with No Cumulative Impact
The project would not result in wildlife hazards and would have no impact on agricultural resources or mineral resources. Impacts discussed in Geology and Soils and Land Use, would all be less than significant and would be limited to the project site. Therefore, the project has no potential to combine with other projects to result in cumulative impacts to those resources.

Air Quality and GHGs
Because criteria air pollutant and GHG emissions would contribute to regional and global emissions of such pollutants, the identified thresholds developed by BAAQMD and used by the City of Daly City were developed such that a project-level impact would also be a cumulatively considerable impact. The project would not result in a significant emissions of criteria air pollutants or GHG emissions and, therefore, would not make a substantial contribution to cumulative air quality or GHG emissions impacts. The discussion in Section 4.3 Air Quality provides analysis of the cumulative health risk effects of the project’s TACs emissions during construction and concluded those effects would be less than significant with implementation of MM AIR-3.1.

Biological Resources
The project would have no impact on special status species, wetlands, riparian habitat, or conflict with applicable habitat plans. The project would result in a net increase of trees and with implementation of MM BIO-1.1 would have a less than significant impact on nesting birds.

Therefore, the project would have no potential to combine with other projects to result in a cumulatively significant impact.

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Hazards and Hazardous Materials
The use, storage, transportation, and disposal of maintenance chemicals of the project would be managed in accordance with existing laws and regulations that ensure herbicide and pesticide storage, and transportation to and from the site. The project would implement MM HAZ-2.1 to address the potential for impacted soils on the site and ensure the project would not result in a significant cumulative impact related to hazardous materials.

Hydrology and Water Quality
Cumulative developments near the project would be subject to similar hydrological and urban runoff conditions. Consistent with the Municipal Code, all projects occurring within Daly City would be required to implement the same measures related to construction water quality as the proposed project (including preparation of a SWPPP if disturbance if greater than one acre). In addition, all current and probable future projects that would disturb more than one acre of soil or replace/add more at least 10,000 square feet of impervious surfaces would be required to meet applicable site design and runoff reduction measures. For these reasons, the cumulative projects, including the proposed project, would not result in significant cumulative hydrology or water quality impacts.

Noise
Construction noise would be temporary and would be kept to a less than significant level by the implementation of MM NOI-1.1. Another Westlake Shopping Center mixed-use project located at 10 Park Plaza Drive is approximately one-quarter mile north of the project site. However, this project was approved by City Council in September 2018, has had all of its entitlements approved,84 and therefore, is not likely to be under construction at the same time as the proposed mixed-use project at 99 Southgate Avenue. If the project at 10 Park Plaza Drive is still under construction when construction for the proposed project begins, it would be in later phases of construction that generally do not cause as much noise as the early phases of construction (i.e., demolition, grading, foundation, etc.). Other projects listed in the City’s Current Project List are generally not located within the project vicinity. Additionally, other projects throughout the City would be required to implement similar construction noise BMPs to control noise generated during construction. The proposed project’s operational noise would be less than significant without mitigation and would be compatible with the surrounding residential and commercial uses. Therefore, the project would not result in a significant cumulative noise impact.

Population and Housing, Public Services and Recreation
The project would result in a net increase of 214 DU. Population growth generated by the project and cumulative projects would be consistent with the growth projected by the General Plan. Residents of the proposed project would be served by existing public services and recreational facilities. The project would not result in the need for new or altered facilities. The project would not result in a cumulatively significant impact on population and housing, public services or recreational facilities. 84 City of Daly City, Planning Division. Current Project List. February 22, 2021. Accessed December 20, 2021. https://www.dalycity.org/DocumentCenter/View/4567/Current-Projects-List-Updated-01-01-21-PDF?bidId=

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Transportation
The project is located near a high-quality transit corridor that would minimize VMT from the project.

The project would be consistent with applicable policies regarding transportation and circulation and, therefore, would not result in a cumulative conflict with those policies. The project would comply with current building and fire codes and be reviewed by the NCFA to ensure adequate emergency access, as would all other projects in the vicinity. Therefore, the project would not result in a cumulatively significant impact to emergency access or other transportation issues.

With implementation of the mitigation measures previously described, the project would not contribute to a cumulatively significant impact. (Less than Significant Cumulative Impact with Mitigation Incorporated)
Impact MFS-3: The project does not have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly. (Less than Significant Impact with Mitigation Incorporated)
Consistent with Section 15065(a)(4) of the CEQA Guidelines, a lead agency shall find that a project may have a significant effect on the environment where there is substantial evidence that the project has the potential to cause substantial adverse effects on human beings, either directly or indirectly.

Under this standard, a change to the physical environment that might otherwise be minor must be treated as significant if people would be significantly affected. This factor relates to adverse changes to the environment of human beings generally, and not to effects on particular individuals. While changes to the environment that could indirectly affect human beings would be represented by all of the designated CEQA issue areas, those that could directly affect human beings include construction TACs, potentially contaminated soils and soil vapor on-site, and noise. However, implementation of mitigation measures and General Plan policies would reduce these impacts to a less than significant level. No other direct or indirect adverse effects on human beings have been identified. (Less Than Significant Impact with Mitigation Incorporated)

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SECTION 5.0 REFERENCES
The analysis in this Initial Study is based on the professional judgement and expertise of the environmental specialists preparing this document, based upon review of the site, surrounding conditions, site plans, and the following references:

Archaeological/Historical Consultants. Cultural Resource Sensitivity Assessment for 99 Southgate Avenue, Daly City. July 2, 2021.

Association of Bay Area Governments and Metropolitan Transportation Commission. “Project Mapper.” http://projectmapper.planbayarea.org/. Accessed June 18, 2021.

Association of Bay Area Governments. “Projections 2040.” Accessed June 24, 2021. Available at:
http://projections.planbayarea.org/.

BAAQMD. Final 2017 Clean Air Plan. April 19, 2017. http://www.baaqmd.gov/plans-andclimate/air-quality-plans/current-plans.

Brown and Caldwell. Hydraulic Analysis for the Westlake South Project. April 8, 2021.

CalEEMod. Appendix D Default Data Tables: Table 10.1 Solid Waste Disposal Rates. October 2017.

CalEPA. “Cortese List Data Resources”. Accessed June 23, 2021. https://calepa.ca.gov/sitecleanup/corteselist/
CALFire. San Mateo County Fire Hazard Severity Zones in SRA. Adopted by CALFire on November 7, 2007. Map. Accessed June 22, 2021.
https://osfm.fire.ca.gov/media/6802/fhszs_map41.pdf
California Air Resources Board. “Overview: Diesel Exhaust and Health.” Accessed June 18, 2021. https://www.arb.ca.gov/research/diesel/diesel-health.htm.

California Air Resources Board. “The Advanced Clean Cars Program.” Accessed June 18, 2021. https://www.arb.ca.gov/msprog/acc/acc.htm.

California Building Standards Commission. “California Building Standards Code.” Accessed June 18, 2021. https://www.dgs.ca.gov/BSC/Codes#@ViewBag.JumpTo.

California Department of Conservation. “California Important Farmland Finder.” Accessed June 22, 2021. https://maps.conservation.ca.gov/DLRP/CIFF/
California Department of Conservation. “California Tsunami Maps and Date”. Accessed July 15, 2021. https://www.conservation.ca.gov/cgs/tsunami/maps
California Department of Conservation. “Farmland Mapping and Monitoring Program.” Accessed June 18, 2021. http://www.conservation.ca.gov/dlrp/fmmp/Pages/Index.aspx.

Westlake South Mixed-Use Project 151 Initial Study
City of Daly City June 2022
California Department of Conservation. “Williamson Act.” Accessed June 18, 2021. http://www.conservation.ca.gov/dlrp/lca.

California Department of Finance. E-5 Population and Housing Estimates for Cities, Counties, and the State 2011-2020 with 2010 Census Benchmark. Accessed on June 24, 2021. Available at:
http://dof.ca.gov/Forecasting/Demographics/Estimates/E-5/.

California Department of Forestry and Fire Protection. “Fire and Resource Assessment Program.” Accessed June 18, 2021. http://frap.fire.ca.gov/.

California Department of Housing and Community Development. “Regional Housing Needs Allocation and Housing Elements” Accessed June 18, 2021. http://hcd.ca.gov/communitydevelopment/housing-element/index.shtml.

California Department of Tax and Fee Administration. “Net Taxable Gasoline Gallons.” Accessed August 27, 2021.
https://www.cdtfa.ca.gov/dataportal/dataset.htm?url=VehicleTaxableFuelDist.

California Energy Commission (CEC). “2019 Building Energy Efficiency Standards.” Accessed June 18, 2021. https://www.energy.ca.gov/programs-and-topics/programs/building-energyefficiency-standards/2019-building-energy-efficiency.

California Energy Commission. “Natural Gas Consumption by County.” Accessed August 27, 2021. http://ecdms.energy.ca.gov/gasbycounty.aspx.

California Energy Commission. 2019 Integrated Energy Policy Report. 2019.

California Energy Commission. Energy Consumption Data Management System. “Electricity Consumption by County.” Accessed August 27, 2021.
http://ecdms.energy.ca.gov/elecbycounty.aspx.

California Environmental Protection Agency. “Cortese List Data Resources.” Accessed June 18, 2021. https://calepa.ca.gov/sitecleanup/corteselist/.

California Gas and Electric Utilities. 2020 California Gas Report. Accessed August 27, 2021. https://www.socalgas.com/sites/default/files/2020-
10/2020_California_Gas_Report_Joint_Utility_Biennial_Comprehensive_Filing.pdf.

California Office of Historic Preservation. “CEQA Guidelines Section 15064.5(a)(3) and California Office of Historic Preservation Technical Assistance Series #6.” Accessed June 18, 2021. https://ohp.parks.ca.gov/pages/1054/files/ts06ca.pdf
CalRecycle. “Disposal Rate Calculator”. Accessed December 8, 2020. https://www2.calrecycle.ca.gov/LGCentral/AnnualReporting/DisposalRateCalculator.

Westlake South Mixed-Use Project 152 Initial Study
City of Daly City June 2022
CalRecycle. “Solid Waste Information Sheet: Corinda Los Trancos Landfill ( Ox Mtn) (41-AA0002).” Accessed January 21, 2021. https://www2.calrecycle.ca.gov/SolidWaste/SiteActivity/Details/1561?siteID=3223 CalTrans. California State Scenic Highway System Map. Accessed July 14, 2021. https://www.arcgis.com/apps/webappviewer/index.html?id=2e921695c43643b1aaf7000dfcc1 9983
City of Daly City. “Fire Department”. Accessed June 23, 2021. https://www.dalycity.org/461/FireDepartment City of Daly City. Daly City 2030 General Plan. Resource Management Element. March 25, 2013.

City of Daly City. General Plan Environmental Impact Report, Hydrology. 2012.

City of Daly City. General Plan Environmental Impact Report. Utilities and Service Systems. 2012.

City of Daly City. General Plan Update EIR. Figure 3.5-6 Soil Erosion and Shrink Swell Potential.

October 2012.

City of Daly City. Daly City Parks & Open Space Master Plan. March 2020.

City of Daly City, Planning Division. “Current Project List. February 22, 2021.” Accessed December 20, 2021. https://www.dalycity.org/DocumentCenter/View/4567/Current-Projects-ListUpdated-01-01-21-PDF?bidId= City of Daly City. “Police Officer”. Accessed June 23, 2021. https://www.dalycity.org/389/PoliceOfficer City of Daly City. Municipal Code 16.30.050. Accessed December 8, 2020.

FEMA. Flood Insurance Rate Map No. 06081C0028F. Effective August 2, 2017. Accessed July 15, 2021.
https://msc.fema.gov/portal/search?AddressQuery=99%20southgate%20avenue%2C%20daly %20city#searchresultsanchor
Illingworth & Rodkin, Inc. 99 Southgate Avenue Air Quality and Greenhouse Gas Assessment.

December 10, 2021
Illingworth & Rodkin, Inc. Westlake South Mixed-Use Project Environmental Noise and Vibration Assessment. November 30, 2021.

Jack Schreder & Associates, Inc. Level I Developer Fee Study for Jefferson Union High School District. July 28, 2020.

Jefferson Elementary School District. 2020-2021 School Site Boundaries. Accessed June 23, 2021. https://www.jsd.k12.ca.us/files/user/7/file/BOUNDARY%20BOOK%20'20-21%20NEW.pdf

Westlake South Mixed-Use Project 153 Initial Study
City of Daly City June 2022
Jefferson Elementary School District. Developer Fee Justification Study for Jefferson Elementary School District. February 2014.

Jefferson Union High School District. “Enrollment Policy.” Accessed June 23, 2021. https://www.juhsd.net/Page/2003
Kimley-Horn and Associates, Inc. Westlake South Development – Traffic Evaluation. May 3, 2022.

Northgate Environmental Management, Inc. Letter to Strahs, Michael. “Redevelopment Recommendations – 99 Southgate Avenue, Daly City, California.” August 2, 2021.

Office of Planning and Research. “Changes to CEQA for Transit Oriented Development – FAQ.” October 14, 2014. Accessed June 18, 2021. http://www.opr.ca.gov/ceqa/updates/sb743/transit-oriented.html.

Peninsula Clean Energy. “Energy Choices.” Accessed August 27, 2021. https://www.peninsulacleanenergy.com/faq/.

Peninsula Clean Energy. “Frequently Asked Questions.” Accessed August 27, 2021. https://www.peninsulacleanenergy.com/faq/.

Public Law 110–140—December 19, 2007. Energy Independence & Security Act of 2007. Accessed August 27, 2021. http://www.gpo.gov/fdsys/pkg/PLAW-110publ140/pdf/PLAW110publ140.pdf.

RMC Water and Environment. Vista Grande Watershed Study. August 2006. https://www.dalycity.org/524/Vista-Grande-Watershed-Plan-2006 Rockridge Geotechnical, Inc. Preliminary Geotechnical Investigation at 99 Southgate Avenue, Daly City (Project No. 20-1906). September 16, 2020.

Rottenborn, Steve, Ph.D., H.T. Harvey & Associates. Personal communication. March 22, 2022.

Roux Associates, Inc. Phase I Environmental Site Assessment – 99 Southgate Avenue. April 5, 2021.

San Francisco Bay Hydrologic Region Westside Groundwater Basin, California’s Groundwater Bulletin 118, January 20, 2006.

State Water Resources Control Board. Arco # 465 (T0608100027). Accessed June 23, 2021. https://geotracker.waterboards.ca.gov/profile_report.asp?global_id=T0608100027 State Water Resources Control Board. Southgate Cleaners (SL0608188850). Accessed June 23, 2021. https://geotracker.waterboards.ca.gov/profile_report.asp?global_id=SL0608188850 United States Department of Energy. Energy Independence & Security Act of 2007. Accessed August 27, 2021. http://www.afdc.energy.gov/laws/eisa.

Westlake South Mixed-Use Project 154 Initial Study
City of Daly City June 2022
United States Department of the Interior. “Memorandum M-37050. The Migratory Bird Treaty Act Does Not Prohibit Incidental Take.” Accessed June 18, 2021. https://www.doi.gov/sites/doi.gov/files/uploads/m-37050.pdf.

United States Energy Information Administration. “State Profile and Energy Estimates, 2019.” Accessed August 27, 2021. https://www.eia.gov/state/?sid=CA#tabs-2.

United States Energy Information Administration. “State Profile and Energy Estimates, 2019.” Accessed August 27, 2021. https://www.eia.gov/state/?sid=CA#tabs-2.

United States Environmental Protection Agency. “Summary of the Resource Conservation and Recovery Act.” Accessed June 18, 2021. https://www.epa.gov/laws-regulations/summaryresource-conservation-and-recovery-act.

United States Environmental Protection Agency. “Superfund: CERCLA Overview.” Accessed June 18, 2021. https://www.epa.gov/superfund/superfund-cercla-overview.

United States Environmental Protection Agency. “The 2020 EPA Automotive Trends Report:

Greenhouse Gas Emissions, Fuel Economy, and Technology since 1975.” January 2021. https://nepis.epa.gov/Exe/ZyPDF.cgi?Dockey=P1010U68.pdf Woodard & Curran. Sanitary Sewer Capacity Evaluation for Westlake South. March 10, 2021.

Westlake South Mixed-Use Project 155 Initial Study
City of Daly City June 2022
SECTION 6.0 LEAD AGENCY AND CONSULTANTS

LEAD AGENCY
City of Daly City
Department of Economic and Community Development
Michael Van Lonkhuysen, Planning Manager
Carmelisa Morales Lopez, Associate Planner

CONSULTANTS
David J. Powers & Associates, Inc.

Environmental Consultants and Planners
Will Burns, Principal Project Manager
Connor Tutino, Associate Project Manager
Ryan Osako, Graphic Artist
Illingworth & Rodkin, Inc.

Air Quality and Noise Consultants
Michael Thill, Principal
James Reyff, Principal
Casey Divine, Air Quality Consultant
Zachary Palm, Air Quality Consultant
Adwait Ambaskar, Staff Noise Consultant
Archaeological/Historical Consultants
Cultural Resources Consultants
Daniel Shoup, Principal
Rockridge Geotechnical, Inc.

Geotechnical Consultants
Darcie Maffioli, P.E., G.E., Senior Project Engineer
Logan D. Medeiros, P.E., G.E., Geotechnical Engineer
Roux Associates, Inc.

Hazardous Materials Consultants
Angela Liang Cutting, Ph.D., P.E., Principal Engineer
Emma Totsubo, Staff Engineer
Northgate Environmental Management, Inc.

Hazardous Materials Consultants
Derrick Willis, Principal
Kimley-Horn and Associates, Inc.

Transportation Consultants
Mike Mowery, P.E.

Westlake South Mixed-Use Project 156 Initial Study
City of Daly City June 2022
Brown and Caldwell
Hydraulic Consultants
Kevin Kai, P.E., Project Manager
Woodard & Curran
Sanitary Sewer Capacity Consultants
Gisa Ju, P.E., Senior Technical Practice Leader
Laney Nelson

Westlake South Mixed-Use Project 157 Initial Study
City of Daly City June 2022
SECTION 7.0 ACRONYMS AND ABBREVIATIONS
ABAG Association of Bay Area Governments
ACM Asbestos-containing material
AIA Airport Influence Area
ALUCP Airport Land Use Compatibility Plan
BAAQMD Bay Area Air Quality Management District
Bgs Below ground surface
BMPs Best Management Practices
Btu British thermal units
CalARP California Accidental Release Program
CAL FIRE California Department of Forestry and Fire Protection Cal/OSHA California Department of Industrial Relations, Division of Occupational Safety and Health
CalTrans California Department of Transportation
CAP Clean Air Plan
CARB California Air Resources Board
CBC California Building Code
C/CAG City/County Association of Governments
CDFW California Department of Fish and Wildlife
CEC California Energy Commission
CERCLA Comprehensive Environmental Response, Compensation, and Liability Act CEQA California Environmental Quality Act
CFCs Chlorofluorocarbons
CGS California Geological Survey
CH4 Methane
C-MU Commercial - Mixed Use
CMP Congestion Management Plan
CO Carbon monoxide
CO2 Carbon dioxide
CO2e Carbon dioxide equivalent
CRHR California Register of Historical Resources

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City of Daly City June 2022
CUPA Certified Unified Program Agency
DPM Diesel particulate matter
DTSC Department of Toxic Substances Control
DU Dwelling unit
DWWR Department of Water and Wastewater Resources
EIR Environmental Impact Report
EO Executive Order
EOC Emergency Operations Center
EOP Emergency Operations Plan
EPA Environmental Protection Agency
EV Electric Vehicle
FAA Federal Aviation Administration
FAR Federal Aviation Regulations
FEMA Federal Emergency Management Agency
FHBM Flood Hazard Boundary Map
FHSZ Fire Hazard Severity Zones
FIRM Flood Insurance Rate Maps
FMMP Farmland Mapping and Monitoring Program
FTA Federal Transit Administration
GHGs Greenhouse gases
Gpcd Gallons per capita per day
Gpd Gallons per day
GWP Global warming potential
HASP Health and Safety Plan
HCP Habitat Conservation Plan
HFCs Hydrofluorocarbons
HI Hazard Index
HSWA Federal Hazardous and Solid Waste Amendments
HVAC Heating, ventilation, and air conditioning
In./sec Inches/second
ITE Institute of Transportation Engineers
LBP Lead-based paint
LID Low-impact development

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LOS Level of service
MBTA Migratory Bird Treaty Act
MEI Maximally exposed individual
MGY Million gallons per year
MMTCO2e Million metric tons of CO2E
MND Mitigated Negative Declaration
Mpg Miles per gallon
Mph Miles per hour
MRP Municipal Regional Stormwater NPDES Permit
MTC Metropolitan Transportation Commission
NAHC Native American Heritage Commission
NCFA North County Fire Authority
NCP National Contingency Plan
NESHAP National Emission Standards for Hazardous Air Pollutants NFIP National Flood Insurance Program
NHPA National Historic Preservation Act
N2O Nitrous oxide
NOD Notice of Determination
NOI Notice of Intent
NOx Nitrogen oxide
NPDES National Pollutant Discharge Elimination System
NRHP National Register of Historic Places
NSFHA Non-Special Flood Hazard Area
NSMCSD North San Mateo County Sanitation District
O3 Ground-level ozone
OITC Outdoor-Indoor Transmission Class
OPR Office of Planning and Research
PCBs Polychlorinated biphenyls
PCE Peninsula Clean Energy
PD Planned Development
PDAs Priority Development Areas
PFCs Perfluorocarbons
PM Particulate matter

Westlake South Mixed-Use Project 160 Initial Study
City of Daly City June 2022
PPV Peak particle velocity
RAW Removal Action Workplan
RCRA Resource Conservation and Recovery Act
RHNA Regional Housing Need Allocation
RWQCB Regional Water Quality Control Board
SB Senate Bill
SCS Sustainable Communities Strategy
Sf Square feet
SF6 Sulfur hexafluoride
SFHA Special Flood Hazard Area
SFO San Francisco International Airport
SFPUC San Francisco Public Utilities Commission
SHMA Seismic Hazards Mapping Act
SMARA Surface Mining and Reclamation Act
SMCEHSD San Mateo County Environmental Health Services Division SMGB State Mining and Geology Board
SMOA San Mateo County Operational Area
SOx Sulfur oxide
SR State Route
STC Sound Transmission Class
STLC Soluble Threshold Limit Concentration
SWPPP Storm Water Pollution Prevention Plan
SWRCB State Water Resources Control Board
TAC Toxic air contaminant
TAZ Transportation Analysis Zone
TCRs Tribal Cultural Resources
TIA Traffic Impact Analysis
TSCA Toxic Substances Control Act
USACE United States Army Corps of Engineers
USFWS United States Fish and Wildlife Service
UWMP Urban water management plan
VMT Vehicle miles traveled

1 ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DALY CITY AMENDING THE DALY CITY ZONING MAP BY AMENDING ORDINANCE NO. 1316 RE: PLANNED DEVELOPMENT STANDARDS FOR PD-60B
(APNs 002-170-220, 002-170-230; 002-201-140, 002-201-520, 002-201-530, 002-201-540, 002- 201-550, 002-201-560, 002-201-570, 002-191-270, 002-191-330) Westlake Shopping Center
BE IT ORDAINED by the City Council of the City of Daly City, as follows:

Section 1. Findings. The City Council of the City of Daly City finds that, as conditioned, Planned Development PD 4-17-1276, amending Planned Development PD-60B is in compliance with Title 17 of the Daly City Municipal Code (Zoning Ordinance), as well as the General Plan of the City of Daly City, as amended and as to each element of the Daly City General Plan. Approval of the zone change will not be detrimental to the health, safety, morals, comfort and general welfare of persons residing in or working in the neighborhood. The City Council further finds that the amendment to PD-60B to allow modification to the Planned Development PD-60A zoning to accommodate the project, including a 20 percent reduction of the parking requirement due to the mixed-use nature of the project and reconfigured building design will not be detrimental to the surrounding areas or result in substantial environmental damage or disturbance or be injurious or detrimental to the property and improvements in the neighborhood or the general welfare of the City of Daly City.

Section 2. Environmental Compliance – Mitigation Monitoring Program.

The City Council has reviewed the proposal under the requirements of the California Environmental Quality Act (CEQA) and has determined, that a Mitigated Negative Declaration is the appropriate level of environmental review. The Daly City Planning Commission and City staff recommend that a Mitigated Negative Declaration per Section 15070(a) of the CEQA Guidelines be adopted for this project.

The City Council approves the Mitigation Monitoring and Reporting Program (MMRP) for this project and hereinafter finds that the mitigated negative declaration, to and including the MMRP complies and conforms with the California Environmental Quality Act and the Guidelines implementing the Act.

Section 3. Zoning Reclassification. The zoning as designated upon the “Official Zoning Map” of the City of Daly City, as adopted by Daly City Ordinance No. 635, and thereafter amended from time to time, is hereby changed as to the parcel identified on the attached map incorporated herein by this reference, to Planned Development Zoning PD-60B, which hereinafter provides for a change of boundary on the “Official Zoning Map” and the establishment of specific standards for development on the subject property. All improvement shall comply with the approved Planned Development Standards hereinafter adopted for Planned Development PD-60B.

2 PLANNED DEVELOPMENT STANDARDS
PLANNED DEVELOPMENT ZONE PD-60B

WESTLAKE SHOPPING CENTER
The purpose and intent of these Planned Development Standards is to establish a Planned Development Zoning District for PD-60B, which encompasses the entire project site.

I. GENERAL

1. When these planned development standards conflict with other sections of the Zoning Ordinance, these standards prevail only to the extent of the conflict. Where these planned development standards do not provide regulations, the Zoning Ordinance shall apply as to the most similar land use or standard.

2. Any modifications to plans approved by the City Council shall require an amendment of the original PD approval and shall be subject to separate approval by the Planning Commission and City Council. Minor changes of the approved plans due to code requirements or conditions of approval may be approved by the Planning Division.

3. All structures, landscape areas, required facilities and amenities shall be maintained in a neat, safe, and healthful condition, subject to improvement and upgrading of plans as required by this Planned Development approval.

4. The property owners of PD-60B shall seek to provide a balanced mix of uses with compatible peak hours and parking needs.

II. PERMITTED USES

1. The following uses are permitted as part of Planned Development Zone PD-60B:

Administrative, business and professional offices
Art Studio
Bakery (retail)
Bank and Savings and loan offices
Barber or Beauty shop
Book or stationary store
Business office
Candy store
Clothing or Department store
Coffee shop
Drugstore
Hardware store
Retail household appliance sales and services

3 Florist
Gift shop
Ice cream store
Laundry or cleaning stores
Instruction studio (dance or martial arts)
Jewelry store
Medical/Dental clinic
Pet food store
Professional office
Photographic studio
Prescription pharmacies
Residential apartments (Buildings R and C only)
Restaurant (excluding drive-through)
Shoe repair
Sporting goods
Tailor shop
Trade or business school
Toy Store
Travel agent
Variety store
Video rental

2. The following uses will be permitted with a Use Permit in the PD-60A zone:

Accessory buildings or use
Bar or Cocktail lounge
One health and fitness club
Outdoor sales
Pet shop
Businesses whose principal use is for the operation of amusement devices Veterinary hospital or office

3. When a use is not specifically listed, it shall be assumed that when the unlisted use is similar to nor more objectionable than a permitted use, such use shall be permitted in the district to the same requirements of the most similarly listed use.

III. DEVELOPMENT STANDARDS

1. Parking
A. The property owners shall comply with and enforce a Parking Management Plan approved by the City. The Parking Management Plan shall be an

4 appendix to and recorded as part of the Planned Development Standards for PD-60B. The Parking Management Plan shall include the following:
a. Operable or inoperable vehicles shall be stored at the site for more than 24 hours.
b. No vehicles or trailers shall be advertised for sale or rent on the site and no vehicle sales, leasing or rentals shall be conducted at the site. d. Measures to manage the parking during the peak hours. The plan may include such measures as valet parking, incentives to carpooling and disincentives to parking in the residential areas near the development.
e. The precise plan shall show all required dimensions on back-up distance, fire access drives and parking spaces, including compact and handicap spaces. The plan shall indicate how the compact spaces shall be marked on the site.
f. Applicant will post signs, impose conditions upon tenant, and make every effort to restrict deliveries to the development by large semitrucks, refrigerated trucks, or trucks larger than a four wheel delivery van during peak traffic hours. Smaller delivery vehicles may make such deliveries.
g. On-site commercial parking shall be provided at a parking ratio of not less than 3.29 parking spaces per 1,000 square feet of leasable building area, with a total number of up to 663,806 commercial square feet square feet permitted in the center. Residential parking in Building R (179 apartments) and. Building C (214 apartments) shall be provided at a rate of one space for each studio unit, 1.5 spaces for each onebedroom unit and two spaces for each unit of two bedrooms or more, with an overall ratio of at least 1.25 parking spaces per residential unit and shall be subject to Sections (j), (k), and (l), below. Excess residential parking spaces in the underground garage associated with Building R shall be dedicated to employee parking.
h. Secure bicycle parking shall be provided at strategic locations throughout the shopping center including the ground floor of any parking structure.
i. The parking areas shall conform to plans approved as part of the precise plan for PD-60B and shall be maintained in accordance with City standards.
j. Parking counts for all residential uses within the PD-60B zoning

5 district shall comply with the standards set forth in Chapter 17.34 (Off-Street Parking and Loading) of the Zoning Ordinance with the application of Section 17.34.010(E)(1) permitting a reduction of 20 percent of the parking requirement due to the mixed-use nature of land use between commercial and residential. This reduction shall remain in effect for as long as the management and ownership of the entirety of the PD-60B district remains under single ownership. k. PD-60B shall permit 20 percent of the parking space count to be sized and designated for “small cars only” serving all land uses on site subject to the standards set forth in Section 17.34.030 of the Zoning Ordinance.
l. PD-60B shall permit up to 20 percent of the parking space count to be met with tandem parking spaces inside residential garages.

2. Signage
A. New Signage for the project should enhance the building facades. Tenant blade signs should be located within the central portion of the site, along both sides of Main Street and blend into the overall character of an updated Main Street design. Signs added to tower buildings should be logo signs at the top, attached flush with the towers and lighted at night.

B. Four directories with a total of 40 square feet per side may be located strategically within the site to provide maps and directions for patrons.

C. The primary entry point from John Daly Boulevard should feature two signs located on both corners of Main Street. The two signs should feature solid identity elements at the base. One of those signs may be a pylon sign up to 60A feet in height. The pylon sign may contain the following maximum sign area per side: a) 100 square feet for the shopping center identifier, b) 625 square feet for tenant advertising, and c) 120 square feet for an electronic reader/message board. The design of such sign shall be subject to review and approval by a Design Review Committee and shall not exceed 845 square feet on any side.

D. Signage shall include: a) an entry monument sign at one location with a total sign area of 60 square feet for each face, b) up to four entry boundary marker signs, each sign face allowed 36 square feet maximum, with a maximum height of 16 feet, width of 7 feet and depth of 14 inches; and c) eight 36 square foot building logos.

E. All project site signage shall conform to the Tenant Sign Criteria for PD60B. All changes to the Tenant Sign Criteria shall be submitted to the

6 Design Review Committee for approval, except that minor changes can be approved administratively by the Planning Division.

F. The Tenant Sign Criteria shall be an appendix to and recorded as part of the Planned Development Standards for PD-60B.

3. Circulation
A. All deliveries shall gain access to the project site by way of Lake Merced Boulevard and Park Plaza Drive.
a. Deliveries to the development by large semi-type trucks shall not take place during peak traffic hours. Smaller delivery vehicles may deliver at all hours.
b. The applicant shall implement a Congestion Management Plan, per the C/CAG Guidelines for Implementation of the Land Use Component of the Congestion Management Program, which will include but not be limited to, provisions for such programs as carpooling, preferential parking and use of the Hire Daly City First Program and encouraging a hiring preference for local residents.

4. Landscaping
A. All landscaping improvements shall conform to the approved landscaping plan and with Section 17.41 (Landscaping) of the Zoning Ordinance. a. Landscaping shall be installed in accordance with approved plans and maintained in a neat, clean and healthful condition.
b. In general, all shrubs or any vegetation at points of ingress or egress shall be maintained at a height of no greater than 30 inches. Trees must be trimmed in a manner to maintain a site clearance underneath the branches of five feet from grade.
c. Landscaping shall be planted at the base of any monument signs and shall be maintained in a healthy growing condition and be replaced as necessary. The plants shall include a variety of flowering evergreen shrubs and flowering ground cover.

5. Architecture/Site Design
A. Architectural design of all structures and facades, all materials and colors, and all landscaping shall comply with plans approved by a Design Review Committee.

7 a. Once approved, any major architectural modification shall be subject to approval by a Design Review Committee, except that minor changes may be approved administratively by the Planning Division.
b. All roof equipment shall be screened from view from the surrounding streets.
c. The Planning Division shall approve the design and location of all trash or storage enclosures and other proposed fencing or walls. d. All restaurants shall be provided with a state-of-the-art, low-noise, air filtration system to remove odors from air emissions caused by cooking.
e. All ground mounted appurtenances, such as transformers or air conditioning units shall be undergrounded.
f. The Tenant Criteria Manual shall be an appendix to and recorded as part of the Planned Development Standards for PD-60B.

6. Maintenance
A. A maintenance plan for on-site litter control shall be submitted by the applicant and approved by the City. The litter control maintenance plan shall include provision for on-going maintenance required for the project use. The maintenance plan shall be recorded as part of the PD-60B planned development standards. The maintenance plan shall include the following standards:
b. The entire development area shall be maintained in a neat, safe, and healthful condition.
c. A garbage disposal plan approved by the Planning Division and the Streets Division shall specify that:
i. All trash shall be confined in approved receptacles and enclosures.
ii. All unenclosed materials, equipment and/or supplies of any kind shall be maintained within approved enclosure areas.

Any stacked or stored items shall not exceed the height of the enclosure.

8 iii. All trash and storage enclosures shall be properly maintained in accordance with approved plans.
iv. The applicant shall prepare an agreement to implement a weekly litter cleanup plan for all open areas, planters and public sidewalks adjacent to the development. All waste materials generated by the development, such as cardboard boxes, skids, garbage, litter, etc., must be stored in the enclosure for disposal. No waste material shall be visible at any time. All enclosures shall be designed to conceal the contents. All enclosures should be kept clean and free of odor at all times.

7. Lighting
A. All exterior lighting shall be in accordance with precise plans and shall be adequately maintained according to approved standards.

B. Site lighting shall be directed downward to protect adjacent residential neighborhoods from glare.

8. Building Area Limitation
A. There shall be no additional square footage allowed in PD-60B beyond what is permitted through approval of the precise plan. Minor additions or alterations to square footage for any given designated use (+/- 2%) may be approved by the Planning Division if such changes are to meet specific code requirements and do not affect the overall mass of the building.

B. The Planned Development zone shall include not more than 663,806 commercial square feet square feet of retail and office uses, and 179 apartments in Building R, and 214 apartments in Building C.. The general distribution of allowable square footage shall be in substantial accordance with the Precise Plan.

9. Hours of Operation
A. The hours of retail store operation shall not be limited. However, if the store operation receives significant complaints due to noise or public nuisance, the issue of limiting store hours shall be brought before a Council Committee appointed by the Mayor for consideration.

10. Residential Open Space
A. The property owner shall maintain not less than 150 square feet per dwelling unit as usable open space in Buildings R and C.

9 Section 4. Summary Publication: Pursuant to the provisions of Government Code Section 36933, a summary of this Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk’s office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk’s office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this ordinance or otherwise voting. This Ordinance shall become effective thirty (30) days from and after its adoption.

Section 5. Environmental Determination: The City Council finds, pursuant to Title 14 of the California Code of Regulations, Section 15378, that this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is not a project as provided by the Act, in that it does not have a potential for resulting in a detrimental physical change in the environment, directly or ultimately, as provided in Title 14, Section 15378(a), and that it is also exempt under the definition of "project" in Section 15378(b)(3) in that it concern general policy and procedure making.

Section 6. Severability: If any section, subsection or sentence of this Ordinance is found by a court of competent jurisdiction to be invalid or unlawful, the City Council finds and declares that the remainder of this Ordinance would be and is enforceable and would have been adopted notwithstanding the finding of invalidity as to any section, subsection or sentence.

Introduced this day of 2022.

Passed and adopted as an Ordinance of the City of Daly City at a regular meeting of the City Council of the City of Daly City held on the day of 2022, by the following vote:

AYES, Councilmembers
NOES, Councilmembers
ABSENT, Councilmembers:

CITY CLERK OF THE CITY OF DALY CITY
APPROVED:
______________________________________

2 MAYOR OF THE CITY OF DALY CITY

City Council Meeting Agenda Report Item # _____
props
Meeting Date: September 12, 2022
Subject: Marchbank Park Enhancement Presentation
Recommended Action
Accept the presentation and direct staff to continue working through an agreement and terms of service with Sacred Heart Cathedral Preparatory for the upgrades and enhancements to Marchbank Park in exchange for its use as outlined in the attached proposal dated August 29, 2022.

Background/Discussion
Staff worked with Sacred Heart Cathedral Preparatory on a proposal for the use of Marchbank Park by the school athletic program after they make extensive upgrades, enhancements, and investments to the playing field. Sacred Heart is proposing to revitalize the Park by constructing new baseball and softball facilities for the field along with replacing the playing surface with sustainable synthetic turf and associated lines.

Among many enhancements are proposed new lights, scoreboard, pedestrian pathways, and screenings. The new facilities and public areas would be consistent with the Daly City Parks and Recreation Master Plan and the proposed upgrades would address many of the action items listed for Marchbank Park. Sacred Heart is committed in this proposal to address stormwater management, synthetic turf life cycle and end of life concerns.

This new field and facilities would be available to the public for multiple athletic sports such as baseball, softball, soccer, and lacrosse, as well as future community events and festivals. The current Sacred Heart proposal is to use the Park for 25 hours a week for 15 years with an ongoing rental fee of $100,000 per year.

The Daly City Department of Library and Recreation will continue to use the field and facilities for programming on weekdays and weekends in the afternoon, evening and exclusively on Sundays. This will provide ongoing revenue opportunities to the City above the proposed rental fee of Sacred Heart.

The City of Daly City and Sacred Heart have a successful history of joint projects that improve and enhance public parks and facilities. In 2019, the City and Sacred Heart improved the baseball facilities at Westlake Park and both the public and the school continue to cooperatively use the field for fun and recreation.

Fiscal Impact
Once the field and facility enhancements are agreed to and completed, Sacred Heart Cathedral Preparatory proposes an annual rental fee of $100,000 for 15 years.

Summary/Conclusion
Accept the presentation and direct staff to continue working through an agreement and terms of service with Sacred Heart Cathedral Preparatory for the upgrades and enhancements to Marchbank Park in exchange for its use as outlined in the proposal dated August 29, 2022. Staff is available to provide any additional information desired by the Mayor or Councilmembers.

Respectfully submitted,
Thomas Piccolotti
Interim City Manager
Attachment – Draft Proposal

Date: August 29, 2022
To: Thomas Piccolotti, Interim City Manager, Daly City
From: Melinda Skrade, President, Sacred Heart Cathedral Re: Marchbank Proposal
Dear Mr. Piccolotti ,
Please accept this communication as a formal proposal from Sacred Heart Cathedral regarding a partnership with Daly City Library and Recreation Services for the renovation and use of Marchbank Park.

Attached is a design concept package proposal outlining the renovations of the Marchbank baseball field and surrounding area. The proposal also includes a breakdown of the use time between Sacred Heart Cathedral and Daly City.

Please discuss this proposal with the Daly City leadership and inform me if you would like to pursue this proposal. I look forward to discussing this further with you in the near future and presenting to the leadership of Daly City.

Sincerely,
Melinda Skrade, Ph.D.

President
Sacred Heart Cathedral
SACRED HEART CATHEDRAL PREPARATORY ● 1055 ELLIS STREET, SAN FRANCISCO, CA 94109 ● 415.775.6626 ● SHCP.EDU

MARCHBANK PARK PROPOSAL

BY SACRED HEART CATHEDRAL PREPARATORY
Sacred Heart Cathedral will carry out the following upgrades to the Marchbank field and surrounding areas

1. Synthetic turf varsity baseball and softball field with possible soccer/lacrosse lines if space allows

2. New dugouts

3. New bullpens

4. New or renovated batting cages

5. New backstop and bleacher seating

6. New accessible pathway from parking garage

7. New scoreboard

8. New protective screening along first and third baselines

9. New concession/restroom structure concept based on square footage-based needs.

10. New sports equipment storage

11. New sports field lighting - option

12. Conceptual Design for the remaining playground, court and public areas based on Daly City Parks and Recreation Master Plan

13. Prepare a writing narrative approach addressing stormwater management, synthetic turf life cycle and end of life concerns.

In exchange, the Daly City Department of Library and Recreation Services (DCDLRS) will:

1. Allow SHC use of Marchbank Park during the 3 seasons of play for 25 hours a week for a period of 5 years.

2. DCDLRS will use Marchbank Park all year on weekdays after 6:30pm and weekends after 2:00pm for its youth teams.

3. SHC will offer Daly City youth opportunities to attend baseball/sports clinics and camps held at Marchbank Park at no charge or a significantly reduced rate.

4. SHC will pay Daly City One Hundred Thousand dollars a year in rental fees for the length of the agreement

5. DCDLRS will use Marchbank Park on Sundays
SACRED HEART CATHEDRAL PREPARATORY ● 1055 ELLIS STREET, SAN FRANCISCO, CA 94109 ● 415.775.6626 ● SHCP.EDU

Summary
Sacred Heart Cathedral is proposing a revitalization project of Marchbank Field. We estimate that this year-long project will help to maximize the underutilized field transforming it into a Daly City community centerpiece. The design concept package is included with this proposal. This overview provides a snapshot of the community benefits:

Sacred Heart Cathedral is invested in the communities where our alums, friends and families reside and serve their communities. We seek to be a good neighbor and also a partner in developing Marchbank Field. This public-private partnership plan reflects an all-community benefit approach from the multi-sport and recreational showcase to the commitment to community programming, signature events and festivals, including sports education for children, specifically those families from the east side of Daly City.

Overall, renovation of this community space at the historic century-old Marchbank Field will open a new chapter for all (neighbors, local businesses and partners); in short, a key gathering location and destination for families and other residents.

For athletics, this multi-purpose field will include a baseball field with dugouts, a bullpen, and a batting cage; a softball field; state-of-the-art playing fields for soccer, lacrosse; on-site storage for sports equipment; multiple practices, and significantly, an environmentallyfriendly sustainable turf improvement, sparing our Daly City community over 62,500* gallons of water per week (under normal watering schedule of 1″/week for 2 ½ acre site).

This is equivalent to the amount of water 89 homes will use in the same amount of time (2016 report). For families, friends and fans who aren’t competing on the field, new ADAcompliant amenities include improved access, better seating (with storage), new restrooms, a picnic area with bocce ball as well as a dog run and walk paths.

SACRED HEART CATHEDRAL PREPARATORY ● 1055 ELLIS STREET, SAN FRANCISCO, CA 94109 ● 415.775.6626 ● SHCP.EDU

Finally, and most significantly, this proposed 15-year long-term partnership commitment by both mission-driven communities provides the opportunity for Daly City and Sacred Heart Cathedral to optimize and also stabilize the extraordinary possibilities for future generations.

SACRED HEART CATHEDRAL PREPARATORY ● 1055 ELLIS STREET, SAN FRANCISCO, CA 94109 ● 415.775.6626 ● SHCP.EDU

City Council Agenda Report Item # _____
Considerati
Meeting Date: September 12, 2022
Subject: Approval of Written Response to 2021/2022 San Mateo County Civil Grand Jury Report, “A Delicate Balance between Knowledge and Power: Government Transparency and the Public’s Right to Know”
Recommended Action
Staff recommends that the City Council review and approve the attached draft written response to the San Mateo County Civil Grand Jury report, ““A Delicate Balance between Knowledge and Power: Government Transparency and the Public’s Right to Know” and authorize the City Manager to transmit the approved correspondence to the Presiding Judge of the Superior Court as requested.

Background
The San Mato County Civil Grand Jury issued a report in August 2022, “A Delicate Balance between Knowledge and Power: Government Transparency and the Public’s Right to Know” that included an analysis of the processing and handling of California Public Records Act requests by the cities in San Mateo County. The Grand Jury conducted surveys and in-depth interviews with City Managers, City Clerks and City Attorney’s regarding the number of requests received, the staff time required to respond, the processing and tracking of requests. The Grand Jury analyzed the ease in which records could be obtained by the public, the City’s written policies and procedures in processing such requests, the training of key staff, and the overall records management system of each City. The Grand Jury interviewed the City Attorney regarding the City of Daly City’s procedures and volume of public records act requests, which are submitted through the City’s website.

Discussion
The Grand Jury makes two findings and two recommendations for the City of Daly City, and the City is required to provide a response to the Grand Jury no later than November 9, 2022. The two findings are as follows: Finding #1 - The City has no written documentation of its PRA policy and internal procedures, making it more likely that requests will be handled inconsistently.

The City partially agrees with finding #1. The Police Department adopted a “Records Maintenance and Release” Policy, (Policy No. 809) which provides guidance on the maintenance and release of Police Department records. The City does not have a City-wide Public Records Requests written internal policy or procedures. The City does have a Records Management Retention Guidelines, which provides guidance to individual departments on the records retention legal requirements All PRA’s submitted on the City’s website are automatically sent to the City Attorney’s Office for review and processing. The City Attorney’s Office responds to all requests for information accordance with the California Public Records Act and responses are consistent with state law.

Approval of Written Response to 2021/2022 San Mateo County Civil Grand Jury Report, “A Delicate Balance between Knowledge and Power: Government Transparency and the Public’s Right to Know”
Meeting Date: September 12, 2022

Finding # 2- The city uses a commercially available software application that includes a web portal enabling the public to easily request records and track their disposition.

The City agrees with finding # 2.

The Grand Jury’s recommendation # 1 is that the City Council should direct city staff to consider and report back by June 30, 2023, on the creation of a written PRA policy or procedures document for circulation to all relevant staff. The City agrees with this recommendation and it will be implemented by June 30, 2023.

The Grand Jury’s recommendation # 4 is that by June 30, 2023, the city council should consider directing city staff to review and consider adopting a records management practice analogous to the City of San Mateo’s “Records Cleanup Day.”
The recommendation requires further analysis, and the City will review the City of San Mateo’s “Records Cleanup Day” and consult with all Departments as to the feasibility of implementing this recommendation.

Summary/Conclusion
Staff recommends that the City Council review and approve the attached draft written response to the San Mateo County Civil Grand Jury report, ““A Delicate Balance between Knowledge and Power: Government Transparency and the Public’s Right to Know” and authorize the City Manager to transmit the approved correspondence to the Presiding Judge of the Superior Court as requested.

Staff is available to provide any additional information desired by the Mayor or Councilmembers.

Respectfully submitted,
Rose Zimmerman Thomas Piccolotti
City Attorney Interim City Manager
Attachments: Draft Written Response
Grand Jury Final Report

September 12, 2022
Hon. Amarra A. Lee
Judge of the Superior Court
c/o Jenarda Dubois, Chief Grand Jury Coordinator
Hall of Justice
400 County Center; 2nd Floor
Redwood City, CA 94063-
RE: Civil Grand Jury Report “A Delicate Balance between Knowledge and Power:

Government Transparency and the Public’s Right to Know” Dear Judge Lee:

On September 12, 2022, the City Council of Daly City, approved and authorized the City Manager to submit for the City the following responses to the Civil Grand Jury findings and recommendations pertaining to the above referenced report: “A Delicate Balance between Knowledge and Power: Government Transparency and the Public’s Right to Know.”

FINDINGS
Finding #1
The City has no written documentation of its PRA policy and internal procedures, making it more likely that requests will be handled inconsistently.

Response
The City partially agrees with this finding. The Police Department adopted a “Records Maintenance and Release” Policy, (Policy No. 809) which provides guidance on the maintenance and release of Police Department records. The City does not have a Citywide Public Records Requests written internal policy or procedures. The City does have a Records Management Retention Guidelines, which provides guidance to individual departments on the records retention legal requirements.

All PRA’s submitted on the City’s website are automatically sent to the City Attorney’s Office for review and processing. The City Attorney’s Office responds to all requests for information accordance with the California Public Records Act and responses are consistent with state law.

Finding #2
The city uses a commercially available software application that includes a web portal enabling the public to easily request records and track their disposition.

Response
The City agrees with this finding.

RECOMMENDATIONS
Recommendation #1
The City Council should direct city staff to consider and report back by June 30, 2023, on the creation of a written PRA policy or procedures document for circulation to all relevant staff.

Response
The recommendation has not yet been implemented but will be implemented in the future by June 30, 2023.

Recommendation #4
By June 30, 2023, the city council should consider directing city staff to review and consider adopting a records management practice analogous to the City of San Mateo’s “Records Cleanup Day.”
Response
The recommendation requires further analysis, and the City will review the City of San Mateo’s “Records Cleanup Day” and consult with all Departments as to the feasibility of implementing this recommendation.

The City of Daly City appreciates the opportunity to provide written responses to the San Mateo County Civil Grand Jury Report “A Delicate Balance between Knowledge and Power: Government Transparency and the Public’s Right to Know.” The City Council of Daly City approved the responses contained herein on September 12,2022.

Should you or the Grand Jury require additional information, please contact me directly at (650) 991-8127.

Very Truly Yours,
Thomas Piccolotti

Interim City Manager

City Council Agenda Report Item # _____
Considerati
Meeting Date: September 12, 2022
Subject: Considering partnership with the University of the Philippines Alumni Association of San Francisco (UPAASF) “Fiesta in Daly City” event at Gellert Park
Recommended Action
Consider City partnership with the University of the Philippines Alumni Association of San Francisco (UPAASF) “Fiesta in Daly City” event at the Gellert Park Picnic Shelter on Sunday, September 25, 2022, and consider fee waivers.

Background
The University of the Philippines Alumni Association of San Francisco (UPAASF) is inviting the Daly City Council to partner for the "Fiesta in Daly City" event on Sunday, September 25, 2022, from 11am to 3pm at the Gellert Park picnic shelters. As a partner, the City would host the event at Gellert Park, coordinate hepatitis B testing service, and promote the event to the Daly City community.

The partnership would include UPAASF, the City of Daly City, and the Filipino Food Movement and would highlight unique and delightful Filipino Fusion cuisines in a festivity for multicultural communities in Daly City and surrounding areas.

As the Event Coordinator, UPAASF will introduce their community projects, such as Filipino Summer Camp for kids, Disaster Relief, COVID Test Kit Donation, Kaagapay Project (laptops donated to UP students), and more. The community will have the opportunity to get involved and sign up to receive information on our programs that have social, cultural, and business entrepreneurial impacts.

Filipino Food Movement will promote their goal of carrying forward Filipino cuisine and supporting Filipino businesses in the food industry. They will coordinate the involvement of a variety of food trucks and food booths. UPAASF will bring in volunteers and manage the Fiesta program which includes food contests and entertainment during the event.

Discussion
The Council may consider becoming an official event partner and waiving fees and other requirements for the rental of the Gellert Park Picnic Shelter, as depicted in the following chart:

Total fees amount to $744, which include a $350 rental fee, a $144 non-refundable insurance fee, and a $250 refundable deposit fee. Waiving the insurance fee would require the City to cover the event under its own insurance policy.

Considering partnership with the University of the Philippines Alumni Association of San Francisco (UPAASF) “Fiesta in Daly City” event at Gellert Park
Meeting Date: September 12, 2022

The event includes food trucks and food booths. These businesses are subject to the following additional requirements.

City of Daly City Business License: All food trucks selling food in Daly City, if on a temporary basis, will need to apply for a Business License. Businesses with gross receipts $100,000 or less are subject to a $114 business license tax. Businesses with gross receipts over $100,000 are subject to a

0.11% business license tax and $4.00 State fee.

San Mateo County Environmental Health Requirements: Please note, the following information has been provided to the UPSAAF event organizers.
 Mobile Food Trucks:

1. If the mobile food truck has a valid San Mateo County permit, the vendor is to provide the business name and health permit number to the Event Coordinator. The Event Coordinator will not be charged a processing fee when submitting the Temporary Event – Coordinator Application (see attached).

2. If the mobile food truck does not have a valid San Mateo County permit, the vendor is to provide a valid health permit number/sticker from another issuing agency (such as another County) and must apply for a Temporary Event Vendor Permit (see attached).

Both valid health permit number/sticker and Temporary Event Vendor Permit form must be submitted to the Event Coordinator. The Event Coordinator will be charged a processing fee of $149 per truck.
 Food Booths:

1. General requirements: Many food booth vendors are aware of the County of San Mateo guidelines. Newer vendors may refer to the County’s Temporary Events Guidelines (see attached) as well as the Temporary Event Vendor Permit, which require:
- Proper signage
- Construction of booth guidelines – risk category 1 requires over-head protection; risk category 2 requires full enclosure with specific booth sides and floors. - Must demonstrate knowledge – Food Manager Certificate, Handler Card, or Passing Score of the Food Safety Quiz.
- Food from an approved source – Any food prepared prior to the event must be done in an approved commercial kitchen or commissary which is noted on the vendor application.
- Food protection to prevent contamination.
- Food storage
- Alternative hand washing station.

2. Food Booths Risk Category 1 (all food is prepackaged, no on-site food preparation.

Sampling is allowed if no complex food preparation is need): The Event Coordinator

Considering partnership with the University of the Philippines Alumni Association of San Francisco (UPAASF) “Fiesta in Daly City” event at Gellert Park
Meeting Date: September 12, 2022

will be charged a processing fee of $100 per booth and must apply for a Temporary Event Vendor Permit, which must be submitted to the Event Coordinator.

3. Food Booths Risk Category 2 (Open food, on-site preparation. Food will be handled and/or prepared on site): The Event Coordinator will be charged a processing fee of $149 per booth and must apply for a Temporary Event Vendor Permit, which must be submitted to the Event Coordinator.

Summary/Conclusion
Staff recommends that the City Council provide direction to staff on event partnership and fee waivers.

Staff is available to provide any additional information desired by the Mayor or Councilmembers.

Respectfully submitted,
Stephen Stolte
Assistant City Manager
Attachments: Temporary Event – Coordinator Application (County Environmental Health) Temporary Event Vendor Permit (County Environmental Health) Temporary Events Guidelines (County Environmental Health)

WILL THERE BE A PLANNING MEETING FOR FOOD VENDORS?

TEMPORARY EVENT - COORDINATOR APPLICATION

COORDINATOR INFORMATION
NAME OF EVENT: DATE(S) OF EVENT:

All vendor applications must be submitted with a Coordinator Application as one complete packet, and full payment at least 14 days before the start of the event. Incomplete and/or late applications will not be accepted. (e.g.,PR/BO/PI/CE00XXXXX) unable to find

EVENT ADDRESS: CITY:

EVENT WEBSITE:

EVENT INFORMATION
PHONE NUMBER:

CITY/STATE/ZIP:

EST. ATTENDANCE:

If you have previously operated in San Mateo County, provide your Record ID:

COORDINATOR NAME:

ADDRESS:

EMAIL ADDRESS: PHONE NUMBER (day of event):

RISK CATEGORY 1 - LOW RISK, NO FOOD PREP
(booth, kitchen or truck/cart)
RISK CATEGORY 2 - HIGH RISK, WITH FOOD PREP
(booth, kitchen or truck/cart)
SM COUNTY PERMITTED Mobile Food Facilities (MFF)
(trucks or carts not submitting applications)
TOTAL:

EVENT HELD AT: OPEN FIELD STREET/PARKING LOT ENCLOSED BUILDING OTHER:

SITE MAP NUMBER OF VENDORS PER TYPE

SUBMIT SITE MAP SHOWING THE LAYOUT OF THE

EVENT INDICATING THE LOCATION OF THE
FOLLOWING:

1. Food vendor booths, kitchens, trucks and carts

2. Potable water supply

3. Toilets with hand washing facilities

4. Garbage and grease receptacles for food vendors

5. Any shared hand washing and ware washing facilities

6. Location of animals, rides and attractions (if applicable) HOURS OF OPERATION: VENDOR SET UP TIME:

FEE EXEMPTION (submit supporting documents): VETERAN (DD Form 214) CHARITABLE ORGANIZATION [501(C)(3)] YES NO
If YES, enter the date, time and location:

BLIND (CA DOR)
Environmental Health Services
Food Program
2000 Alameda de las Pulgas, Suite #100
San Mateo, CA 94403
Phone (650) 372-6200 | Fax (650) 627-8244
smchealth.org/food
rev. 09/2018
To see the most current fee schedule please visit www.smchealth.org/ehfees or click here.

ORGANIZATION NAME:

By signing below, I understand that I may be asked to provide additional information in order for the application to be approved and is considered part of the application. I understand that failure to provide required information will delay or prevent approval of the event/ vendor(s).

I understand that failure to meet the conditions approved in this application may result in the suspension of approval to operate the event, suspension of the approval to operate the affected food booths, and/or may result in the filing of misdemeanor charges.

California Retail Food Code Section 114395

I understand that I am responsible for obtaining approval from all applicable agencies, including the local fire department, planning department and Alcohol Beverage Control.

I declare under penalty of perjury that to the best of my knowledge, the statements made herein are correct and true. I consent to all necessary inspections made pursuant to law and incidental to the issuance of this permit and the operation of business.

I understand that I will be charged up to three times the permit fee if found operating without a valid health permit.

I understand that the fees are non-refundable and permits are non-transferable.

SIGNATURE: PRINT NAME: DATE:

Total number of toilets:

Total number of handwash sinks:

RESTROOM FACILITIES
One toilet and one handwash sink are required per 15 food workers. Toilets must be located within 200 feet of all food booths. Handwash facilities must be located adjacent to toilets and supplied with warm water, liquid hand soap, and paper towels at all times. Maximum distance from food booths: ft.

WASTEWATER DISPOSAL: Plumbed to sewer Approved holding tank GARBAGE AND GREASE REMOVAL/DISPOSAL:

Company:

Location:

EVENT COORDINATOR CHECKLIST Complete at least 14 calendar days before the start of the event.

Complete the Coordinator Application.

Attach a site map of the event.

Attach a complete list of food vendors. Include all booths, kitchens and mobile food facilities (trucks/carts). Mobile food facilities must have a valid permit with San Mateo County, out-of-county mobile food facilities must apply as a Temporary Event Vendor.

Attach supporting documentation for Coordinator and Food Vendors requesting fee exemption. Fee exemption is subject to approval by this Division.

WILL ELECTRICAL SERVICE BE PROVIDED FOR FOOD VENDORS? YES NO If YES, what is the source? Public Utility Generator
POTABLE WATER SOURCE: Public water supply Approved private well

DAY-OF-THE-EVENT DETAILS
Submit all Food Vendor Applications with the Coordinator Application as one packet with full payment to Environmental Health.

Vendor applications will only be accepted with the Coordinator's packet, no additions or late applications will be accepted.

EVENT COORDINATOR ACKNOWLEDGEMENT
rev. 09/2018

FACILITY TYPE:

Environmental Health Services
Food Program
2000 Alameda de las Pulgas, Suite #100
San Mateo, CA 94403
Phone (650) 372-6200 | Fax (650) 627-8244
smchealth.org/food

TEMPORARY EVENT - FOOD VENDOR APPLICATION
NAME OF EVENT: DATE(S) OF EVENT:

PERMIT TYPE:

The Event Coordinator must submit all Food Vendor applications and full payment as one packet at least 14 days before the event. Any applications received directly from a Food Vendor and/or within 14 days of the event will not be accepted. Incomplete applications will not be accepted.

MOBILE FOOD FACILITY (push cart/food truck)
RISK CATEGORY 1 (LOW RISK - NO FOOD PREP) TEMPORARY BOOTH PHONE:

ADDRESS: CITY/STATE/ZIP:

CONTACT NAME:

OWNER:

If you have previously operated in San Mateo County, provide your Record ID #: PR or BO unable to find PERSON IN CHARGE OF BOOTH: CELL PHONE NUMBER:

NAME OF BOOTH:

DEMONSTRATION OF KNOWLEDGE If preparing, handling, or serving non-prepackaged food, the person in charge must demonstrate that he or she has adequate knowledge of food safety principles as they relate to the specific food facility operation.

Name of Certified Person: Certificate #:

ATTACHED THE COMPLETED FOOD SAFETY QUIZ N/A (only pre-packaged non-potentially hazardous food)

CERTIFIED FOOD MANAGER CERTIFIED FOOD HANDLER
Expiration:

FOOD PROTECTION Identify methods of protecting foods from customer contamination (e.g., condiments, samples, etc.).

BOOTH CONSTRUCTION Food preparation booths must be fully enclosed, constructed with four sides, a washable floor and overhead protection. Pre-packaged food booths require a washable floor and overhead protection. Describe the materials that will be used for the booth.

WALLS: FLOOR:

OVERHEAD PROTECTION: N/A, FOOD EVENT IS INDOORS

SNEEZE GUARDS HINGED COVERS OVER FOOD PROTECTED DISPENSERS

SINGLE-SERVING PACKETS

Other:

RISK CATEGORY 2 (HIGH RISK - W/FOOD PREP)

ALTERNATE SINK EQUIPMENT
DESCRIBE WAREWASH STATION OR ALTERNATIVE PROCEDURE:

DESCRIBE HAND WASH STATION IN BOOTH:

ALL FOODS ARE PREPACKAGED

KITCHEN

BUSINESS INFORMATION

DAY-OF-THE-EVENT DETAILS
rev.09/2018
FEE EXEMPTION (submit supporting documents): VETERAN (DD Form 214) CHARITABLE ORGANIZATION [501(C)(3)] BLIND (CA DOR) To see the most current fee schedule please visit www.smchealth.org/ehfees or click here.

EMAIL:

FOOD/ DRINKS TO BE SERVED List all menu items, attach additional pages if necessary.

Menu Item
e.g., teriyaki chicken
Describe how food will
be transported
e.g., cambro insulated
container
Describe any off-site
preparation of food
e.g., cut and marinated
Describe preparation of
this item at the event
e.g., cooked on BBQ grill
Describe method for
temperature control
e.g., ice chest, steam table

COLD HOLDING DEVICES TO HOLD FOOD
BELOW 45° F (e.g., refrigerator, ice chest, etc.)

HOT HOLDING DEVICES TO HOLD FOOD
ABOVE 135° F (e.g., steam table, crock-pot, etc.)
COOKING AND REHEATING EQUIPMENT (e.g.,
gas grill, microwave, etc.)
Note: Accurate metal-stem probe thermometers are required in all booths.

TEMPERATURE CONTROL Describe equipment/methods for ensuring proper holding temperatures during transport and the event.

AVAILABILITY OF FACILITIES
WHERE WILL YOU DISPOSE OF YOUR GARBAGE?
WHERE WILL YOU DISPOSE OF YOUR WASTE WATER?
WHAT IS YOUR POTABLE WATER SOURCE?

BY SIGNING BELOW, I DECLARE UNDER PENALTY OF PERJURY THAT TO THE BEST OF MY KNOWLEDGE AND BELIEF, THE STATEMENTS MADE HEREIN ARE CORRECT AND TRUE. I HEREBY CONSENT TO ALL NECESSARY INSPECTIONS MADE PURSUANT TO LAW AND INCIDENTAL TO THE ISSUANCE OF THIS PERMIT AND THE OPERATION OF THE BUSINESS. I UNDERSTAND THAT I WILL BE CHARGED UP TO THREE TIMES THE PERMIT FEE IF FOUND OPERATING WITHOUT A VALID HEALTH PERMIT ON-SITE AT ANY EVENT.

I UNDERSTAND THAT THE FEES ARE NON-REFUNDABLE AND PERMITS ARE NON-TRANSFERABLE.

SIGNATURE: NAME AND TITLE: DATE:

OFF-SITE FOOD PREPARATION/STORAGE (select one)
Food prepared at home is not allowed. All food prepared or stored prior to the Temporary Event must be done at a permitted Food Facility (e.g., commissary, restaurant, or church kitchen), an approved Cottage Food Operation (CFO) OR all food must be purchased on the day of the event.

FACILITY NAME:

ADDRESS:

OWNER: PHONE:

CITY:

NAME AND TITLE: SIGNATURE: DATE:

I hereby allow
storage, and sanitizing equipment on the following date(s):
to use my permitted food facility for food preparation, .

COUNTY:

N/A - No food will be prepared or stored off-site. All food will be purchased on the day of the event and receipts will be available for inspector.

COTTAGE FOOD OPERATION - Attach a copy of CFO registration or permit. Approved food products only.

FOOD FACILITY
AGREEMENT:

Completed by
food facility Owner
PROCESSED FOOD REGISTRATION (PFR) - Attach a copy of PFR Certificate rev. 09/2018

San Mateo County Environmental Health
Temporary Events Guidelines

Environmental Health Services
2000 Alameda de las Pulgas,
Suite 100, San Mateo, CA 94403
Phone (650) 372-6200 Fax (650) 627-8244
www.smchealth.org/food

TEMPORARY EVENTS GUIDELINES

COORDINATOR
The role of the coordinator is to organize the food operation of the event and ensure that all necessary permits and licenses have been obtained from all involved agencies. The coordinator acts as a liaison between Environmental Health (EH) and all vendors participating in the event.

One coordinator application and all food vendor applications must be submitted as one packet to Environmental Health at least 14 calendar days before the event. All applicable fields of the applications must be completed. Incomplete applications will not be accepted. It is strongly recommended that the application packet is submitted one month before the event; this provides more time for the coordinator or vendor to resolve any issues that could prevent approval to operate. Permits are not transferrable. All applications will be processed prior to the event and will be billed permit fees (if applicable) whether or not they operate at the event.

APPLICATIONS SUBMITTED LESS THAN 14 DAYS PRIOR TO THE EVENT WILL NOT BE ACCEPTED Permit fees for the coordinator and vendor permits, and any extra billing for the event will be billed to the event coordinator (also found at www.smchealth.org/food-program). The coordinator is responsible for collecting money from vendors, and submitting one payment to EH, please submit payment with your application(s).

Coordinator Checklist
□ Submit one Coordinator Application.
□ Submit all Food Vendor Applications and the Coordinator Application as one packet at least 14 days before the event. Vendor applications will only be accepted with the Coordinator's packet. □ Attach a site map of the event that includes:

Food vendor booths, trucks and carts locations
Potable water supply location
Toilets with hand washing facilities (minimum 1 toilet for every 15 food handlers) Garbage, grease and waste water receptacles for food vendors Shared hand washing and ware washing facilities
Location of animals, rides and attractions (if applicable) □ Attach a complete list of food vendors. Include all food booths, kitchens and mobile food facilities (trucks/carts). Mobile food facilities must have a valid permit with San Mateo County or apply for a Temporary Event Vendor permit, along with valid permit from an issuing agency. □ Attach supporting documentation for Coordinator and Food Vendors that are requesting fee exemption. Fee exemption is subject to approval by this Division.

San Mateo County Environmental Health
Temporary Events Guidelines

PERMITS
Temporary Event Permits are required when food is sold or offered for free to the public at approved community events. A Temporary Event Permit from San Mateo County Environmental Health Division must be secured at least 14 days prior to the event start date. Permits from other health authorities are not acceptable. Food Vendors found operating without a permit will be ordered to close and a penalty will be billed to the event coordinator.

COORDINATOR PERMIT – required for all Temporary Events with two or more Food Vendors. (A coordinator application must also be submitted for events with only one food booth; however, the coordinator permit fee will not be charged.) TEMPORARY FOOD FACILITY/VENDOR PERMIT – required for any person(s), business, or organization offering food to the public at an approved community event. A permit is valid for one single food booth only. If a vendor is operating more than one booth at an event, a permit must be obtained for each booth location. There are two types of permits which are based on the risk of the food operation:
1) RISK CATEGORY 1 – all food is prepackaged (with the exception of beer and wine service, which is acceptable), no on-site food preparation. Sampling is allowed if no complex food preparation is needed.
2) RISK CATEGORY 2 – open food, on-site food preparation. Food will be handled and/or prepared on-site.

PERMIT FEE EXEMPTIONS
Applicants must attach all supporting documentation to their application to be considered for a permit fee exemption. Exemptions do not apply to re-inspection fees, penalties for operating without a permit, or other fees billed for non-compliance. Categories considered for fee exemption:
• Charitable Organization –submit proof of 501(c)(3) status from the Internal Revenue Service or a letter from a charitable organization clearly stating that 100% of the proceeds are being donated to their organization.
• Veteran – submit proof of an Honorable Discharge from active-duty military (DD Form 214). Veteran must be the sole proprietor of the business to qualify and no alcohol sales are permitted.
• Blind Person – submit Bureau of Vocational Rehabilitation documentation. Must be the sole proprietor of the business to qualify.

San Mateo County Environmental Health
Temporary Events Guidelines

TEMPORARY FOOD FACILITY (TFF) TYPES
Food Facilities permitted to operate at a fixed location for the duration of an approved community event include:
• Food Booth – temporary food booths set up indoors or outdoors. • Kitchen – a commercial kitchen is used for the food preparation. Food is served indoors and a temporary food booth is not necessary for the operation, e.g., church or recreation center kitchens.
• Mobile Food Facility (MFF) – an approved mobile food cart or truck where food is sold from, e.g., hot dog cart, ice cream truck, food truck, etc.

A vendor application must be submitted through the event coordinator for each Temporary Event.

Mobile Food Facilities (MFF)
If already permitted in San Mateo County, the MFF may operate at Temporary Events throughout the county without any additional health permits. If permitted outside of San Mateo County, MFF operator must submit a TFF permit application for each event at which they will operate. For safety purposes, operators of MFFs that are not permitted under any Health Jurisdiction are required to secure a health permit prior to operating. The MFF may be inspected prior to the event date or on the day of the event.

All MFF vendors must be listed on the event vendor list submitted by the event coordinator as part of the application packet. MFFs are restricted to the limitations of the MFF type, as follows:

Push Cart/Ice Cream Cart – Prepackaged non-potentially hazardous foods only, no food prep.

Hot Dog Cart – Limited Food Preparation, no complex food preparation.

Food Truck – Full service, food preparation allowed within the enclosed vehicle. No food preparation is allowed outside the food truck (except for an outdoor air barbeque). A table may be set-up adjacent to the truck to sell beverages and pre-packaged non-potentially hazardous foods.

Minimum requirements listed must be maintained throughout the event, (depending on MFF type):
• Water for hand washing and ware washing
• Hot water (120° F or higher)
• Hand washing facilities
• Functional mechanical refrigeration
• Report to approved commissary on a daily basis
• Operator must be knowledgeable in food safety. In permitted MFFs where food is prepared, at least one person must hold a valid food manager certificate and valid food handler card for each employee who handles food.

San Mateo County Environmental Health
Temporary Events Guidelines

CONSTRUCTION OF OUTDOOR FOOD BOOTHS
A sign with the facility name (at least 3-inches tall), city, state, zip code, and the name of the operator (at least 1-inch tall) shall be legible and clearly visible to patrons, in a contrasting color to the background.

A booth is considered up to 12ft x 12ft in size. If there is more than one booth, depending on food production volume, additional fees may apply if the inspector observes multiple complex foods being prepared and/or handled.

Risk Category 1 Outdoor Booth
Over-head protection is necessary to prevent
contamination of the food. All food is
prepackaged. No food preparation is allowed.

Sampling is allowed if no complex food
preparation is needed.

Risk Category 2 Outdoor Booth
Full enclosure is required when food is
prepared on-site. Cooking equipment may be
used outside, directly adjacent to the booth if
required by the local building or fire department
(provide written proof). All food must be plated
and further prepared inside the booth.

Allowable booth materials:
• Sides – canvas, plastic, or fine
mesh screening (16 mesh/square
inch)
• Floors – concrete, asphalt, tight wood
or other similar cleanable material.

Grass and dirt floor must be covered
with a cleanable surface.

San Mateo County Environmental Health
Temporary Events Guidelines

DEMONSTRATION OF KNOWLEDGE
In Temporary Food Facilities where food is prepared (Risk Category 2), a person-in-charge must always be present. The person-in-charge must be knowledgeable in food safety and train all food handlers as it applies to their specific duties. Acceptable proof:
• Food Manager Certificate
• Food Handler Card
• A passing score of the Food Safety Quiz.

FOOD FROM AN APPROVED SOURCE
Any food prepared prior to the event must be done in an approved commercial kitchen or commissary which is noted on the vendor application. If there is no approved commissary, all food must be purchased the day of and prepared at the event. Daily receipts must be maintained as proof for the inspector.

Foods that are canned, stored, or processed at a non-approved commissary or a residential kitchen are NOT allowed at a Temporary Event (unless from a registered or permitted Cottage Food Operation).

COTTAGE FOOD OPERATIONS
Registered and Permitted Cottage Food Operators are allowed to sell their approved products at Temporary Event with a valid Temporary Food Facility Permit. Approved operators prepare and/or package very specific approved items (mainly non-potentially hazardous foods) in a private residential kitchen. Out-of-county Cottage Food Operators are allowed if the county in which their registration or permit is issued, is within 100 miles of San Mateo County.

FOOD PROTECTION
All customer self-service food items and utensils must be stored in such a way to prevent contamination, examples of acceptable equipment include:
• Sneeze-guards
• Hinged covers over food
• Protected dispensers
• Single-serve packets

COOKING DEMONSTRATIONS
If samples of the food are not provided to the public, a permit is not required to operate. If samples of the food are provided to the public, a temporary event health permit is required and all requirements as a Risk Category 2-type food booth must be met.

San Mateo County Environmental Health
Temporary Events Guidelines

FOOD STORAGE
All food and food equipment must be stored at least 6 inches off the ground. Raw meats and prepared/ ready-to-eat food should be separated and stored in approved storage containers with tight fitting lids to help prevent cross-contamination.

LIVE ANIMALS
Live animals are not allowed inside the food booths. Pets/animals must be kept at least 20 feet away from the food booths. Service animals (dogs) are exempted if the contamination of food, clean equipment, utensils, or single-use utensils cannot result.

WATER SUPPLY AND WASTE DISPOSAL
The Coordinator and Vendors must make arrangements to provide supplies such as electricity, water, and waste disposal. At least 20 gallons of clean potable water shall be available for each Risk Category 2 Food Operation and at least 5 gallons of water for hand washing.

All liquid waste must be disposed of in a plumbed sewer drain or by means approved by Environmental Health and the local waste water utility department. No waste water may be discharged into the ground or storm drains.

The coordinator must provide sufficient garbage containers for each booth and for the public eating areas. The containers must be vermin-proof and kept clean.

San Mateo County Environmental Health
Temporary Events Guidelines

HAND WASH FACILITIES
A hand wash station must be located in an accessible location within booths where food is prepared or samples are distributed. If a hard-plumbed sink with hot and cold potable water is not available, an alternative hand washing station may be used, consisting of the following:
• Warm potable water (100° – 108°F) stored in an
Insulated food-grade container that is capable of
maintaining warm water for the duration of the
event. The container must have a hands-free
spigot that can remain locked in the open position
while washing hands.
• Liquid hand soap
• Single-use paper towels
• Waste water container (five-gallon capacity)
• Garbage can
Exceptions:

1. Warm water is not required in booths where only beer and wine are dispensed and sold.

2. Hand wash stations are not required in booths where only prepackaged food is sold and samples are not offered (hand washing facilities are required at the restroom area within 200’).

Methods for Meeting Requirements
Achieving Warm Water of 100˚-108˚F
Fill container with warm water at approved food facility and transport to the event or heat water at the event using a cooking range or an electric kettle.

Hands-free Water Spigot
Containers with a push-button spigot can be retrofitted with a lever-type spigot; all materials used must be food-grade. Spigots may be purchased from the manufacturer or from stores where insulated water containers are sold (see the Resources List at the end of this document).

Examples of Allowable Insulated Containers and Spigots

San Mateo County Environmental Health
Temporary Events Guidelines

ALTERNATE WARE WASH SET-UP
Required for all food operations lasting more than 4 hours and where no back-up utensils are available.

A three container set-up is required, consisting of:

1. Dishwashing detergent
and water

2. Clean rinse water

3. Sanitizer rinse
Required Sanitizer Concentrations for Ware Washing and Wiping Cloth Storage Buckets
Chlorine Bleach: 100 ppm, 1
tablespoon of bleach per one gallon of
water.

Quaternary Ammonia: 200 ppm
(For other types of chlorine sanitizer and
quaternary ammonia, follow manufacturer’s
mixing instructions. Provide test strips to
verify sanitizer concentration.

Single-Use Utensils
Food vendors shall provide only single-use utensils for use by consumers. Washing of multiservice plates, beverage cups, cutlery, etc. that are used by consumers is not allowed.

Exception – Beer and wine booths may pour into and refill glassware if employees are properly trained to handle glassware from the base or stem only. If the booth operators and employees are unable to follow safe refilling procedures on the day of the event, the inspector may require that all refills are distributed in single-use cups for the remainder of the event. • Remove clean glasses from the box so that the rim of the glass is not touched (turn the box upside-down).
• When refilling glasses, do not touch the rim of the glass with the wine bottle, the beer dispensing equipment or hands.
• Wash hands frequently.

San Mateo County Environmental Health
Temporary Events Guidelines

SAFE FOOD HANDLING REQUIREMENTS
Cooking Temperatures
Use an accurate probe thermometer to check the internal cooking temperature of foods.

Minimum cooking temperatures:

Food that is less than thoroughly cooked may be sold only if specifically requested by a consumer or if the food facility operator clearly notifies the consumer verbally or in writing at the time of ordering that the food is raw or less than thoroughly cooked.

Hot and Cold Holding Temperatures
A Potentially Hazardous Food (PHF) is a food that requires a time or temperature control to limit pathogenic micro-organism growth or toxin formation. In other words, foods that if left out of temperature, can grow organisms that cause food-borne illness.

Hot Holding: 135° F or higher
 Equipment – steam table, chafing dishes with “sterno” or other heating element.

Cold Holding: 45° F or below
 Equipment – refrigerators or by fully submerging food in ice.

Hot food held at or above 135° F, or cold food held between 41° F and 45° F must be discarded at the end of the day.

Thawing
Food must be thawed in the refrigerator, under cold running water, in the microwave or during the cooking process. Never thaw food at room temperature.

Reheating
Food that is cooked, cooled and reheated for hot-holding shall be reheated to 165° F for at least 15 seconds. Commercially processed or hermetically sealed food shall be reheated to at least 135° for hot holding. Reheating must be done rapidly.

San Mateo County Environmental Health
Temporary Events Guidelines

Cooling
Cool food rapidly from 135° F to 70° F within 2 hours, then place in the refrigerator and continue to cool from 70° F to 41° F within 4 hours (total = 6 hours) Stir food frequently, do not cover until completely cooled. Use approved methods to facilitate the cooling process, examples:

Limiting Bare Hand Contact with Ready-to-Eat Foods
Employees must limit bare hand contact with ready-to-eat foods (e.g., salad ingredients, sandwiches, burritos, chips, etc.) by using a barrier such as:

EMPLOYEE HEALTH AND HYGIENE
Employees experiencing acute gastrointestinal illness or infected with a communicable disease that is transmissible through food shall be excluded or restricted from the food operation to prevent the spread of food-borne illness.

Employees experiencing persistent sneezing, coughing, or runny nose that cannot be controlled by medication shall not work with exposed food, clean equipment, or unwrapped single-use utensils.

Restrooms
Provide at least one toilet for every 15 food employees. Restrooms must be located within 200 feet of the food booths. Approved hand washing facilities must be available at the restrooms with clean potable water for hand washing. Employees must wash hands in the restroom and once again in the food booth, prior to handling food or clean equipment.

Hand Washing
Employees must wash hands before touching any food or clean equipment, between tasks, and after any chance of contamination.

Proper hand washing procedure: Wash hands with warm
water and liquid hand soap for at least 10-15 seconds. Pay particular attention to the areas underneath the fingernails and between the fingers. Rinse with clean running water and dry with single-use paper towels.

San Mateo County Environmental Health
Temporary Events Guidelines

DEFINITIONS
Community Event – an event that is of civic, political, public, or educational nature, including state and county fairs, city festivals, circuses, and other public gathering events approved by Environmental Health.

Coordinator – person from the sponsoring organization coordinating the food operation of a community event.

Food Vendor – operator providing food to the public (for free or for a charge).

Potentially Hazardous Food (PHF) – food that requires time or temperature control to limit pathogenic microorganism growth or toxin formation. In other words: food that, if left out of temperature, can grow organisms that cause food- borne illness.

Ready-to-Eat Foods – food that is in a form that is edible without additional preparation or cooking. If raw or partially cooked food of animal origin (meat), the consumer is advised.

Single-Use Utensils – a food contact implement or container designed and constructed for one time, one person use, after which they are intended for discard.

Temporary Event (TE) – an approved community event where food is sold or offered to the public.

Temporary Food Facility (TFF) – a food facility that operates at a fixed location for the duration of an approved community event.

RESOURCE LIST

COUNTY RESTAURANT
SUPPLY
711 Old County Road
San Carlos, CA
94070 (650) 591-
8500
www.crscatalog.com

EAST BAY RESTAURANT SUPPLY
49 4
TH Street
Oakland, CA 94607 (510) 465-4300
www.eastbayrestaurantsupply.com

RESTAURANT DEPOT
2045 Evans Avenue
San Francisco, CA 94124
(415) 920-2889
www.restaurantdepot.com

ROCKET RESTAURANT RESOURCE
2940 7
TH Street
Berkeley, CA 94710
(510) 859-6950
www.rocketrest.com

SAN MATEO COUNTY ENVIRONMENTAL HEALTH DIVISION DOES NOT RECOMMEND OR ENDORSE ANY PARTICULAR VENDOR OR PRODUCT.

If you are a restaurant supply retailer or manufacturer and would like to be added to our Resource List, contact Environmental Health.

Please note that as laws and regulations change, the information provided in this document will be updated without notice. Contact Environmental Health for the most current information.

If you would like additional training or resources on the information provided, please contact Environmental Health at (650) 372-6200.

City Council Agenda Report Item # _____
Meeting Date: September 12, 2022
Subject: Award Construction Contract for the Mission Street Streetscape Project Recommended Action
Staff recommends that the City Council:
1) Approve the design documents for the Mission Street Streetscape Project; 2) Affirm the CEQA determination of Categorical Exemption; 3) Accept all bids and award a construction contract to Sposeto Engineering, Inc. of Livermore, California, in the amount of $1,400,529.05; and
4) Authorize the Interim City Manager to execute all necessary contracts to complete the project.

Background
The Mission Street Streetscape Project is a pedestrian safety and street beautification project for the Mission Street corridor between Crocker Avenue and Templeton Avenue. The project will widen the existing 3-foot concrete median to approximately 7-foot, install median landscaping, and an irrigation system. The median noses will be extended further into the intersection at Wilson Street, Goethe Street, Evergreen Avenue, and Rice Street. Pedestrian improvements include bulb-outs, curb ramps, high visibility crosswalks, improved pedestrian signage, rectangular rapid flashing beacons, and pedestrian streetlights.

Mission Street is a heavily utilized pedestrian corridor with a demonstrated history of pedestrian and vehicle collisions. The bulb outs, wider medians, and extending the median noses into the intersection will shorten crosswalk distances and provide a pedestrian refuge at the median. The narrower vehicle lanes also have a calming effect and encourage motorists to drive slower.

On June 25, 2018, the City Council accepted and appropriated $810,000 of Measure A grant funds from the San Mateo County Transportation Authority and appropriated $90,000 for the City’s required local match for the Mission Street Streetscape Project.

On November 25, 2019, the City Council accepted and appropriated $400,000 of Transportation Development Act (TDA) Article 3 grant funds and appropriated the required $50,000 in matching funds for the Mission Street Streetscape Project.

Discussion
The construction bid documents were prepared in-house by the Engineering Staff, and by consultants, TJKM and Gates Associates.

The project was advertised on July 27, 2022, and seven (7) bids were received on August 25, 2022 with total bids ranging from $1,400,529.05 to $1,975,983.40. The lowest 3 bids and the Engineer’s Estimate are summarized as follows:

Award of Construction Contract
for the Mission Street Streetscape Project
Meeting Date: September 12, 2022

Bidder Total Bid Comments

1. Sposeto Engineering, Inc. $1,400,529.05 Responsive
Bid

2. RK Engineering, Inc. $1,495,357.00 Responsive
Bid

3. Golden Bay Construction, Inc. $1,516,414.00 Responsive Bid
Engineer’s Estimate $1,164,124.45
Determination of the lowest bidder was based on the lowest total bid. Sposeto Engineering, Inc. of Livermore, California, has been in business since 1994. This bidder holds the required Class A contractor’s license, which is current and in good standing. The contractor’s references for work performed for other public agencies, including the Contra Costa County and City of San Leandro, are acceptable.

The low bid for this project is 20.3% higher than the Engineer’s estimated cost. Staff found the bid reasonable based on the current construction industry market. If approved, it is anticipated that the Mission Street Streetscape Project would begin construction in October 2022 and be completed by Spring 2023.

The project will have impacts during construction such as traffic control, reducing to one lane along Mission Street, bus stop re-locations, blocking of parking spaces, and dust and noise. Staff has sent mailers to the business owners notifying them of the project. Additional mailers will be sent from the City and the contractor to notify them of the start of construction, as well as additional outreach will be done through the City’s website and social media.

Fiscal Impact
The total estimated construction cost for the Mission Street Streetscape Project is $1,835,000.00, which includes the $1,400,529.05 construction contract and an additional 434,470.95 (31%) for the construction contingency, inspection, and contract administration cost. $1,835,000.00 is available in Transportation Fund CIP project accounts 17-312-678 Mission St Streetscape Project, 17-312-870 - Crosswalk Improvements, and 17-314-906 ‐ ADA/Sidewalk Improvements (2022‐23).

No additional appropriation is needed at this time.

Award of Construction Contract
for the Mission Street Streetscape Project
Meeting Date: September 12, 2022

Summary/Conclusion
Staff recommends that the City Council:
1) Approve the design documents for the Mission Street Streetscape Improvements; 2) Affirm the CEQA determination of Categorical Exemption; 3) Accept all bids and award a construction contract to Sposeto Engineering, Inc. of Livermore, California, in the amount of $1,400,529.05; and
4) Authorize the Interim City Manager to execute all necessary contracts to complete the project.

Staff is available to provide any additional information desired by the Mayor or Councilmembers.

Respectfully submitted,
Roland Yip Richard Chiu, Jr.

Senior Civil Engineer Director of Public Works
Attachments:

1. Mission Street Streetscape Project Location Map

2. Full set of plans and specifications available at the City Clerk’s Office

Feet 1" = 350'-0"
0 350 700 175

SAN MATEO COUNTY, CALIFORNIA

CITY OF DALY CITY

MISSION STREET

STREETSCAPE PROJECT

PROJECT LOCATION MAP

City Council Agenda Report Item # _____
Meeting Date: September 12, 2022
Subject: Award Construction Contract for the Mussel Rock Sediment Removal Project Recommended Action
Staff recommends that the City Council:
1) Approve the contract documents for the Mussel Rock Sediment Removal Project; 2) Affirm the California Environmental Quality Act (CEQA) determination of a Categorical Exemption;
3) Accept all bids and award a construction contract to Patriot Environmental Services (Patriot) of Wilmington, California, for Bid Schedule – Mussel Rock Sediment Removal Project in the amount of $497,966.25 for the subject project; and 4) Authorize the Interim City Manager to execute all necessary contracts to complete the project.

Background
The Mussel Rock Landfill is a closed landfill in Daly City located adjacent to the Pacific Ocean near Westline Drive. It contains over a million cubic yards of waste and is subject to continuous land movement and erosion. The site contains two, large landfill areas, more formally known as the Lower Disposal Area (LDA) within the middle and southern areas of the site, and the Upper Disposal Area (UDA) located in the northern portion of the site.

In mid-January 2022, City staff observed that material from the highest point of the bluffs that approached the UDA had slid down the embankment and exposed solid waste contents near the approximate limits of the UDA. A portion of solid waste materials have collapsed and have fallen down the embankment. The cause, extent of, and any point of origin of the most recent land movement are unknown at this time. During a site visit on January 24, 2022, City staff found that landslide material on the slopes far below the UDA have generally reached the beach level. Since these two recent discoveries of materials at the beach level and of the exposed solid waste near the top of the bluff, city staff has notified staff at the Regional Water Quality Control Board, San Mateo County Environmental Health Services, and the California Coastal Commission.

The Mussel Rock Sediment Removal Project would remove approximately 1,500 cubic yards of sediment and other materials from the beach area on the north side of Mussel Rock Landfill, and would stockpile the material on-site.

On March 28, 2022 the City Council approved a Coastal Development Permit (Use Permit UPR-2- 22-15536) for the project. The project has been determined to be categorically exempt under CEQA Guidelines Section 15301(d) – Restoration of Damaged Structures.

Award of Construction Contract for the Mussel Rock Sediment Removal Project Meeting Date: September 12, 2022

Discussion
Two (2) proposals were received for this project on August 8, 2022 with total bids of $497,966.25 and $508,000.00.

The following table summarizes the two bids:

Bidder Total Bid Comment on
Bidder

1. Patriot Environmental
Services $497,966.25 Responsive Proposal

2. Brannon Corporation $508,000.00 Responsive
Proposal
The apparent responsive and responsible low bidder, Patriot of Wilmington, California, has been in business since 2002. This bidder holds the required Class A contractor’s license, which is current and in good standing. The bidder’s references indicate the bidder has successfully completed or is currently performing waste removal work for the City of Oakland, City of Sacramento, and the California Department of Water Resources. The proposed approach and bid are satisfactory.

If the contract is awarded, construction is anticipated to commence in October, 2022 and be substantially completed in late 2022.

Fiscal Impact
The total estimated cost for the Mussel Rock Sediment Removal Project is $600,000.00, which includes the $497,966.25 construction contract and an additional $102,033.75 (20%) for the construction contingency, inspection and contract administration costs. There are sufficient funds available in the FY 2022-23 General Capital Project Fund - Mussel Rock Waste Mitigation project account 31-310-546 for the project.

No additional appropriation is needed at this time.

Summary/Conclusion
Staff recommends that the City Council:
1) Approve the contract documents for the Mussel Rock Sediment Removal Project; 2) Affirm the California Environmental Quality Act (CEQA) determination of a Categorical Exemption;

Award of Construction Contract for the Mussel Rock Sediment Removal Project Meeting Date: September 12, 2022

3) Accept all bids and award a construction contract to Patriot Environmental Services (Patriot) of Wilmington, California, for Bid Schedule – Mussel Rock Sediment Removal Project in the amount of $497,966.25 for the subject project; and 4) Authorize the Interim City Manager to execute all necessary contracts to complete the project.

Staff is available to provide any additional information desired by the Mayor or Councilmembers.

Respectfully submitted,
Kevin Fehr Richard Chiu, Jr.

City Engineer Director of Public Works
Attachments:

1. Contract

2. Proposal

City of Daly City
Public Works Department
333 90th Street
Daly City, California 94015
Mussel Rock Sediment Removal Agreement
(PROPOSED)
Term:
{INSERT DATE} through {INSERT DATE}

TABLE OF CONTENTS PAGE
MUSSEL ROCK SEDIMENT REMOVAL AGREEMENT…………………………………… 3 – 10 APPENDIX:
 APPENDIX A – Project Description, Limitations, and Proposal Document Requirements EXHIBIT:
 EXHIBIT A – Sediment Removal Location Exhibit
 EXHIBIT B – Preliminary Measures of Refuse Fan
 EXHIBIT C – Bid Sheet and Subcontractor’s List

Page | 3
THIS AGREEMENT, made and entered into this {INSERT DAY} of {INSERT MONTH, YEAR}, by and between the CITY OF DALY CITY (“City”) and {INSERT CONTRACTOR INFO.} (“CONTRACTOR”), with references to the following facts:

1. TERM
A. The term of this agreement shall commence on {INSERT DAY}, and continue through {INSERT DAY}, with an option to continue said agreement for up to two (2) years on the same terms and conditions as prescribed in this agreement, subject to the rate of compensation to be paid to CONTRACTOR. If CITY desires to exercise its annual renewal option, CITY shall advise CONTRACTOR in writing of its intent to extend the Agreement by no later than May 1 of the term then expiring. If CONTRACTOR desires to adjust the rates as set forth in the then current Schedule of Rates for such extension period, CONTRACTOR shall give CITY written notice of such adjustment by May 31 of the term then expiring. CONTRACTOR may adjust the Schedule of Rates by an amount not to exceed the increase represented in the United States Department of Labor, Bureau of Labor Statistics Consumer Price Index for All Urban Consumers for the San Francisco-Oakland-San Jose Standard Metropolitan Statistical Area (“Index”) for March of the term then expiring.

If CONTRACTOR gives notice of any adjustment in the Schedule of Rates, CITY may then rescind the exercise of its option, provided, however, written notice of such rescission must be issued by CITY to CONTRACTOR no later than June 30 of the term then expiring.

B. The CITY, at its option and with CONTRACTOR concurrence, may renew this contract for additional ONE (1) year period, on the same terms and conditions as provided herein. This option may be exercised only if the CONTRACTOR demonstrates superior performance in the provision of services during the contract term.

2. SERVICES TO BE PERFORMED BY CONTRACTOR.

A. CONTRACTOR shall perform the Sediment Removal work identified in APPENDIX A, Project Description and Limitations, including the provision of all labor, materials, tools, equipment, and transportation services required by and in strict conformance with the Proposal Documents.

3. COMPENSATION AND PAYMENT TO CONTRACTOR
CITY shall pay CONTRACTOR a sum not to exceed the budgeted amount for the services rendered in conformance with standards set forth in the Proposal Documents during the period commencing {INSERT DAY}, through {INSERT DAY}. Payment shall be made in accordance with the provided bid schedule as part of the Contract Proposal Documents and incorporated herein by the reference.

A. CONTRACTOR shall submit an itemized written invoice to CITY monthly setting forth the work performed and the rates charged in accordance with the Bid Schedule set forth in the Proposal.

Each billing shall include a listing of completed work by area.

Page | 4
B. CITY shall make payments to CONTRACTOR within 30 days of receiving such monthly invoice for work satisfactorily performed, unless CITY disputes the amount CONTRACTOR claims is owed under this Agreements.

4. WORK SCHEDULE
The CONTRACTOR shall conduct all operations during the hours of 8:00 a.m. to 4:00 p.m. Monday through Friday with the exception of times described in the Appendix A, unless otherwise approved by the CITY. CONTRACTOR may not work on any Federal, State, or local holidays. The CITY reserves the right to change schedules for any reason, such as special events, or conflicts with adjacent property owners/tenants within five (5) working days advance notice.

5. STAFFING STANDARDS
The CONTRACTOR shall provide sufficient personnel to perform all work in accordance with these specifications. Each work crew shall include at least one individual who speaks the English language proficiently.

All contract employees are to adhere to basic Public Works standards for working attire including; uniform shirts with CONTRACTOR’S name or logo clearly visible at all times when working at all locations, proper shoes and other gear required by Cal/OSHA Safety Regulations.

Shirts are to be maintained in a neat and presentable condition. All contractor vehicles are to have a readable sign with CONTRACTOR’S name or logo and telephone number. Trucks are to be kept in a clean and presentable condition. The use of subcontractors in fulfilling the obligations of this contract is forbidden without prior written approval from the CITY.

6. RECORDS
CONTRACTOR shall keep records and invoices in connection with its work to be performed under this Agreement. CONTRACTOR shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. CONTRACTOR shall allow a representative of CITY during normal business hours to examine, audit, and make transcripts or copies of such records. CONTRACTOR shall maintain and allow inspection documents for a period of three (3) years from the date of final payment under this Agreement.

7. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS Due to the passage of Senate Bill 854, several additions and revisions were made to the California Labor Code. The addition of Labor Code 1725.5 requires all contractors and subcontractors to register with the Department of Industrial Relations (DIR) to be eligible to work on public works projects. At the time, the contract is award the Contractor and all subcontractors must be registered with the DIR in accordance with the California Labor Code to be eligible for the project. The project is subject to compliance monitoring and enforcement by the DIR. More information about DIR registration can be viewed on the DIR’s website:
http://www.dir.ca.gov/Public-Works/PublicWorks.html

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California Labor Code Section 1771.1. (a) A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.

8. EXTRA WORK
The CITY may request extra work from the CONTRACTOR as needs arise. Upon notification, extra work will be required; the CONTRACTOR shall submit an itemized, written cost proposal for such work to the CITY. The CITY shall retain the right to reject such cost proposal and perform the extra work with CITY staff or other contractors. Should the proposal be approved by the CITY, the CONTRACTOR shall be advised in writing and upon receipt of such written notification shall begin work within ten (10) business days.

The CONTRACTOR shall do such extra work in accordance with the services contract and with the provisions of these specifications. Any extra work shall be performed in a manner and time that does not negate the normal contracted work and schedule.

Payment for extra work performed shall be as agreed to by the CONTRACTOR and the CITY.

Compensation is based on labor time and material. Compensation for material will not exceed Contractor cost plus 10%. CONTRACTOR must provide invoice copies to be compensated for material.

9. STANDARD OF CARE
All of the work shall be performed by CONTRACTOR or under CONTRACTOR’S supervision.

CONTRACTOR will perform all services in accordance with Daly City Standards and Specification. All services shall be performed by qualified and experienced personnel, who are not employed by CITY, nor have any contractual relationship by CITY. CONTRACTOR shall be responsible to CITY for any errors or omissions in the performance of this Agreement. CONTRACTOR represents and warrants that CONTRACTOR will keep in effect all licenses, permits, and other approvals required to perform the described services during the term of this Agreement, including any extensions thereto.

10. COVID 19 PROVISIONS
Construction projects must comply with the most current Health Order from San Mateo County Health (https://www.smchealth.org/coronavirus-health-officer-updates). This shall include but not limited to social distancing protocol, signage and face coverings. Full payment for all work, materials, labor, equipment, services and costs required to comply with the current San Mateo County Heath Order during construction shall be included in the various bid schedule and no additional payment shall be made therefore.

11. DALY CITY GENERAL CONDITIONS SECTION 77
Daly City General Conditions Section 77 Claims and Protests shall be replaced with the following:

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If the Contractor considers any work demanded of the Contractor to be outside the requirements of the contract, or if the Contractor considers any instruction, ruling, or decision of the Project Manager to be unfair, the Contractor shall, within five (5) working days after any such demand is made, or instruction, ruling, or decision is given, file a notice of potential claim with the Project Manager, stating clearly and in detail, his objections and the reasons therefor. Except for such notice of potential claims made of record in the manner and within the time above stated, the Contractor shall be deemed to have waived all claims for extra work, damages, and extensions of time on account of demands, instructions, rulings, and decisions of the Project Manager.

Upon receipt of any notice of potential claim from the Contractor, the Project Manager will review the demand, instruction, ruling, or decision objected to and will promptly advise the Contractor, in writing, of the Project Manager's final decision, which shall be binding on all parties, unless within five (5) working days there¬after, the Contractor shall file with the City a formal claim against said final decision of the Project Manager.

This contract is subject to the claims procedures set forth in Public Contract Code Section 9204, which establishes a claim resolution process applicable to any claim by a contractor in connection with a public works project. Section 9204 requires the City, upon receipt of a claim sent by registered or certified mail, to review it and, within 45 days, provide a written statement identifying the disputed and undisputed portions of the claim. If the Contractor disputes the City’s written response or if the City fails to respond to a claim within the time prescribed, the claimant may demand to meet and confer for settlement of the issues in dispute.

12. CITY’S RESPONSIBILITIES
If required, CITY shall furnish to CONTRACTOR, maps, data and other existing information describing the areas that are subject to the services to be performed by CONTRACTOR. CITY further agrees to provide all such materials in a timely manner so as not to cause delays in CONTRACTOR’s work schedule.

13. COOPERATION
CONTRACTOR agrees to work closely and cooperate fully with CITY staff assigned by the City Engineer to work with CONTRACTOR and other agencies that may have jurisdiction or interest in the work to be performed.

14. CONTRACTOR MANAGER
CONTRACTOR shall assign a Contract Manager to the work to be performed under the terms of this agreement. The Contract Manager shall coordinate all services to be performed. This Contract Manager shall be available to CITY during established working hours. CONTRACTOR shall provide the name, telephone number, and email address of the Contractor Manager to the City Engineer upon execution of

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this Agreement. If the Contract Manager is changed, CONTRACTOR shall immediately give notice to the CITY, the name, telephone number, and email address of the new Contract Manager.

15. ADMINISTRATION
The Public Works Department will administer this Agreement on behalf of CITY. The Director or the designee shall be considered the Administrator and shall have the authority to act for CITY under this Agreement. The Administrator shall represent CITY in all matters pertaining to the services to be rendered pursuant to this Agreement.

16. CITY POLICY
CONTRACTOR will discuss and review all matters relating to policy and contract direction with the CITY’s designee, in advance of all critical decision points in order to ensure that the services are performed in a manner consistent with CITY goals and policies.

17. OFFSETS
CONTRACTOR acknowledges and agrees that with respect to any business tax or penalties thereon, utility charges, invoiced fee or other debt, which is owed, or which becomes due to CITY by CONTRACTOR, CITY reserves the right to withhold and offset said amounts from such payments, refunds, or reimbursements owed by the CITY to CONTRACTOR under this Agreement. Notice of such withholding and offset shall promptly be given to CONTRACTOR by CITY in writing. In the event of a dispute as to the amount owed or whether such amount is owed to CITY, CITY will hold such disputed amount until either, the appropriate appeal process has been completed or until the dispute has been resolved.

18. INDEPENDENT PARTIES
CITY retains CONTRACTOR on an independent contractor basis, and CONTRACTOR acknowledges and agrees that CONTRACTOR is not an employee of CITY. The manner and the means of conducting the work are under the control of CONTRACTOR, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment with CITY will be acquired by virtue of CONTRACTOR’s services, either by CONTRACTOR or by CONTRACTOR’s employees. None of the benefits provided by CITY to its employees, including but not limited to unemployment insurance, workers’ compensation, vacation or sick leave are available from CITY to CONTRACTOR, its employees or agents. Deductions shall not be made by CITY for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship from any fees due CONTRACTOR. Payments of the above items, if required, are the responsibility of CONTRACTOR and not of the CITY.

19. IMMIGRATION REFORM AND CONTROL ACT OF 1986
The CONTRACTOR shall comply with the provision of the Immigration Reform and Control Act of 1986, Public Law 99-603. The CONTRACTOR SHALL provide CITY written documentation certifying compliance with Public Law 99-603 within ten days of the CITY’S request.

20. WORKERS COMPENSATION

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By executing this Agreement, CONTRACTOR certifies that CONTRACTOR is aware of and will comply with the Labor Code of the State of California requiring every employer to be insured against liability for workers’ compensation or to undertake self-insurance before commencing any of the Work.

CONTRACTOR shall comply with Labor Code Section 1861 by signing and filing the workers’ compensation certificate with the CITY.

21. INDEMNIFICATION
Except for CITY’s negligence or willful misconduct, CONTRACTOR shall indemnify and hold CITY and CITY’s officers and employees harmless from all damages, costs and expenses, including attorneys’ fees, in law or equity that may at any time arise or be set up because of damages to property or person injury, including death, suffered by reason of, or in the course of performing, the services under this Agreement work and caused by any willful or negligent act or omission committed by CONTRACTOR or any of CONTRACTOR’s employees, subcontractors or agents. The parties expressly agree that any payment, attorney fee, cost or expense CITY incurs or makes to or on behalf of an injured employee under its self-administered Workers’ Compensation program are included as a loss, expense or cost for the purposes of this paragraph. The provisions of the paragraph shall survive the expiration or early termination of the Agreement.

22. INSURANCE
Prior to CITY’s execution of this Agreement, CONTRACTOR shall secure, and shall thereafter maintain until completion of the Agreement, such public liability and property damage insurance as shall protect CONTRACTOR from claims for damages for personal injury, including accidental death, as well as from claims for property damage which may arise from or which may concern operations under the Agreement, whether such operations be by or on behalf of CONTRACTOR, any subcontractor or anyone directly or indirectly employed by, connected with or acting for or on behalf of any of them. The CONTRACTOR shall obtain at its own cost, prior to commencing work on the contract and maintain for the period covered by the contract a policy of liability insurance naming the CONTRACTOR, his employees, the CITY, its officers and employees as insured. Refer to Section 7-3 of the AGC/AWPA Standard Specifications for details.

The Coverage shall provide the minimum limits:

Bodily injury ... $1,000,000 each occurrence
Property damage... $1,000,000 each occurrence
Policies or certificates of insurance shall be filed with CITY and shall include CITY as an additional insured. The policy or policies shall be in the usual form of public liability insurance, but shall also include the following provisions:

A. Solely as respects work done by and on behalf of the named insured for the CITY, it is agreed that the CITY and its officers and employees are added as additional insured under this policy.

B. The policies shall not be canceled unless 30 days prior written notification of intended cancellation has been given to CITY by certified or registered mail.

20. CONFLICTS OF INTEREST

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A. CONTRACTOR or the employees of CONTRACTOR may be subject to the provisions of the California Political Reform Act of 1974 (the “ACT”), which (1) requires such persons to disclose financial interest that my foreseeable be materially affected by the work performed under this Agreement, and (2) prohibits such person from making, or participating in making decisions that will foreseeable financially affect such interest. If so required, CONTRACTOR will provide a completed disclosure form noting the above.

B. If subject to the Act, CONTRACTOR shall conform to all requirements of the Act. Failure to do so constitutes a material breach of this Agreement, and is grounds for termination by CITY.

CONTRACTOR shall indemnify and hold harmless CITY for any claims for damages resulting from CONTRACTOR’s violation of this paragraph.

21. NONDISCRIMINATION
Except as provided in Section 12940 of the California Government Code, during CONTRACTOR’s performance of this Agreement, CONTRACTOR shall not discriminate on the grounds of race, religious creed, color, national origin, ancestry, age, physical disability, mental disability, medical condition including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, sex or sexual orientation in the selection and retention of employees and subcontractors and the procurement of materials and equipment. Such nondiscrimination shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. CONTRACTOR shall also conform to the requirements of the Americans with Disabilities Act in the performance of this Agreement.

23. PROHIBITION AGAINST TRANSFERS
CONTRACTORS may not assign any right or obligation of this Agreement or any interest in this Agreement without the prior written consent of CITY. Any attempted or purported assignment without the consent of CITY shall be null and void at the sole option of CITY. CONTRACTOR may not employ any subcontractors unless specifically authorized by CITY. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of CONTRACTOR, or of the interest of any general partner or joint venture which shall result in changing the control of CONTRACTOR, shall be construed as an assignment of this Agreement. Control means fifty percent (50%) or more of the voting power, or twenty-five percent (25%) OR MORE OF THE ASSETS OF THE CORPORATION, PARTNERSHIP OR JOINT VENTURE.

24. CONFIDENTIALITY
The information, which results from the services in this Agreement, is to be kept confidential unless the release of information is authorized by the CITY.

25. NOTICES
All notices, demands, requests or approvals to be given under this Agreement must be given in writing and shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States mail, postage prepaid and addressed as follows:

CITY CONTRACTOR

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City of Daly City
Public Works Director
333 90th Street
Daly City, CA 94014
{INSERT CONTRACTOR INFO}

26. VENUE
Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of San Mateo, State of California, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county.

27. COST OF LITIGATION
If any legal action is necessary to enforce any provision of this Agreement, or for damages due to any alleged breach of any provisions of this Agreement, the parties agree that the court with jurisdiction over the action may determine and fix reasonable attorneys’ fees and expenses to be paid to the prevailing party.

28. WAIVER
A waiver by CITY of any breach of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or of a different character.

29. COMPLIANCES
CONTRACTOR represents that CONTRACTOR is familiar with and shall comply with all laws, state or federal, and all ordinances, rules and regulation enacted or issued by CITY, which are applicable to the performance of services under this Agreement.

29. TERMINATION
A. In the event CONTRACTOR fails or refuses to timely perform any of the provisions of this Agreement in the manner required, or if CONTRACTOR violates any provisions of this Agreement, CONTRACTOR shall be deemed in default. If such default is not cured within a period of two (2) working days, or if more than two (2) working days are reasonably required to cure the default and CONTRACTOR fails to give adequate assurance of due performance within two (2) working days after CONTRACTOR receives written notice of default from CITY, CITY may terminate the Agreement forthwith by giving written notice.

B. The CITY or the CONTRACTOR may cancel this contract or any portion thereof at any time during the term of the service and such cancellations shall be effective upon giving 60 days written notice to the other party.

30. INTEGRATED CONTRACT

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No verbal agreement or implied covenant shall be held to vary the provisions hereon. Any modifications of this Agreement will be effective only if in writing signed by the duly authorized officers of both CITY and CONTRACTOR.

IN WITNESS WHERE OF the parties hereto caused this Agreement to be duly executed on the day and year first above written.

CITY CONTRACTOR
City of Daly City {INSERT CONTRACTOR NAME}

______________________________ ________________________________ CITY, City Manager {INSERT NAME}

APPENDIX “A”
Project Description, Limitations, and Project Document
Requirements

1. Project Description
The Mussel Rock Landfill is a closed landfill in Daly City located adjacent to the Pacific Ocean near Westline Drive. It contains over a million cubic yards of waste and is subject to continuous land movement and erosion. The site contains two, large landfill areas, more formally known as the Lower Disposal Area (LDA) within the middle and southern areas of the site, and the Upper Disposal Area (UDA) located in the northern portion of the site.

In mid-January 2022, City staff observed that material from the highest point of the bluffs that approached the UDA had slid down the embankment and exposed solid waste contents near the approximate limits of the UDA. A portion of solid waste materials have collapsed and have fallen down the embankment.

During a site visit, City staff found that landslide material on the slopes far below the UDA have generally reached the beach level. This landslide material at beach level, now referred to as the “fan”, appears to have small pieces of plastic or other waste material mixed in. There is an estimated 1,500 bank cubic yards of sediment and other material that needs to be removed from the beach and stockpiled on-site. The stockpile area will be located at the top of the bluff in the LDA. After stockpiling, the sediment material will be disposed of on-site by utilizing the existing consolidation cell location at the top of the LDA. The consolidation cell has a 2-foot cap over landfill material with maximum slopes of 1:4 (V:H). Disposal of the beach sediment will consist of removing the 2-foot cap to expose the landfill layer, trenching, disposing of the sediment, replacing the 2-foot cap and re-grading the disturbed area to conform to the current slope maximums. Refer to the Site Diagram in Exhibit A for approximate locations of the refuse fan, stockpile area, and the consolidation cell. Site access to the beach is limited and describe below in item 2.

2. Limitations
The site limitations are as follows:
 The contractor may NOT store debris boxes, or any equipment associated with the Sediment Removal work on the beach during high tides or after normal working hours.  All work must cease and personnel and equipment must be removed from the beach after normal work hours as well as during high tides.
 No structures, temporary nor permanent, shall be constructed over the sea wall.  The landslide area is primarily owned by the federal government, therefore assume access to the middle of the slope of the landslide is not feasible.

3. Project Document Requirements
The follow documents shall be submitted by the Contractor:
 A full proposal describing how the work related to the Sediment Removal will be performed as well as any considerations and assumptions relating to the project site.  The proposal shall include a description of erosion control and mitigation efforts as well as a plan to work around high tides.
 The project document package shall include a schedule of work that indicates the total number of working days organized by project tasks.
 The project document package shall include a Bid Schedule with individual Bid Items that correspond with the tasks described in the proposal. All Bid Items shall be priced on a lump sum basis.

EXHIBIT “A”
Sediment Removal Location Exhibit

EXHIBIT “B”
Preliminary Measures of Refuse Fan

EXHIBIT “C”
Bid Sheet and Subcontractor’s List

PROPOSAL

BIDDERS WILL NOT BE RELEASED ON ACCOUNT OF ERRORS
Daly City, California , 2022
Contractor Name:

TO THE CITY COUNCIL OF THE CITY OF DALY CITY, CALIFORNIA Project: Mussel Rock Sediment Removal Project
Bid Schedule - Mussel Rock Sediment Removal Project
The undersigned, having carefully examined the RFP, Agreement and accompanying other forms of contract documents for this project and having made a complete and adequate inspection of the site of the work and made himself or herself familiar with the conditions, hereby proposes to furnish all materials and do all the work required to complete the said project in accordance with the said plans and specifications for the prices in the following schedule.

Bid Schedule - Mussel Rock Sediment Removal Project
Note:

1. Bid Prices shall include Sales Tax, if any

2. Individual Bid Items shall correspond with the tasks described in the project proposal Bid
Item
No.

Item Description Quantity Unit of
Measure
Unit Price Item Total
Bid Schedule – Mussel Rock Sediment Removal Project
1 2
3 4
5 6
7 8
9 10
11 12
Construction Total for Bid Schedule Including Sales Tax, if any

DESIGNATION OF SUBCONTRACTOR PARTICIPATION
1 2 3 4 5
*NAME OF

SUBCONTRACTOR
*SUBCONTRACTOR'S

BUSINESS LOCATION

DESCRIPTION OF WORK OR SERVICE

TO BE PROVIDED
$

AMOUNT OF

WORK/SERVIC
E

CALIFORNIA
STATE

CONTRACTOR
LICENSE NO.
* Information required under columns 1 and 2 must be included in the bid proposal at the time of opening; the remaining information must be provided within twenty-four (24) hours of the scheduled time of the bid opening, as required by California Public Contract Code Section 4104.

______________________________________________ ______________________________________________

PROJECT NAME CONSTRUCTION COMPANY NAME
______________________________________________
BIDDER’S SIGNATURE DATE

City Council Agenda Report Item # _____
Considerati
Meeting Date: September 12, 2022
Subject: Adopt Resolution Establishing Eviction Protections Due to Nonpayment of Rent for Residential Tenants Where the Failure to Pay Rent Result from Income Loss Resulting from COVID-19.

Recommended Action
Adopt a resolution establishing eviction protections due to nonpayment of rent for residential tenants where the failure to pay rent result from income loss resulting from COVID-19.

Background
During the COVID-19 emergency, affected tenants who have lost income due to the impact on the economy or their employment may be at risk of homelessness if they are evicted for nonpayment as they will have little or no income and thus be unable to secure other housing if evicted, and an eviction on their record can have long lasting effects on their ability to rent in the future.

On January 29, 2021, Governor Newsom signed SB 91, which protects renters who cannot pay their rent in full due to COVID-19 related hardships, establishes state guidelines for the distribution of state and federal funds to address the debt facing millions of tenants, property owners and homeowners. In order to implement Senate Bill 91, the State of California established the Emergency Rental Assistance Program (“ERAP”) for the distribution of state and federal funds to address the debt facing millions of tenants, property owners and homeowners. The state created an on-line application portal for landlords and tenants entitled “Housing is Key.” Discussion
On March 31, 2022, Governor Newsom signed AB 2179 into law, which further extended the existing eviction protections for nonpayment of rent due to financial distress related to COVID-19 through June 30, 2022, while applications under the Housing is Key state program for rental assistance are pending.

On April 12, 2021, the City Council adopted Resolution No.21-40 in support of the right to stay home and to encourage landlords and tenants to apply to the State Emergency Rental Assistance. Due to the volume of applications submitted through Housing is Key, residential tenants are experiencing long delays in receiving funds from the state.

The state eviction protections for tenants who have applied for Emergency Rental Assistance Program and have applications pending with Housing is Key ended on June 30, 2022. Many residential tenants in the City of Daly City risk evictions starting on July 1, 2022 without the continuation of eviction protections while their Housing is Key applications are being processed by the state, or if they have any pending federal, state and local rental assistance applications.

In order to prevent evictions and to protect the public health and safety and public welfare, the Mayor directed staff to prepare a draft resolution extending the eviction protections for Daly City residential tenants through December 31, 2022, for the City Council’s consideration.

Establishing Eviction Protections Due to Nonpayment of Rent for Residential Tenants Where the Failure to Pay Rent Result from Income Loss Resulting from COVID-19 Meeting Date: September 12, 2022

Summary/Conclusion
Staff recommends that the City Council consider and adopt a resolution establishing eviction protections due to nonpayment of rent for residential tenants where the failure to pay rent result from income loss resulting from COVID-19.

Staff is available to provide any additional information desired by the Mayor or Councilmembers.

Respectfully submitted,
Rose Zimmerman
City Attorney
Attachments: 1. Draft Resolution

RESOLUTION NO.

ARESOLUTION OFTHECITY COUNCIL OF THE CITY OF DALY CITY

ESTABLISHING EVICTION PROTECTIONS DUE TO NONPAYMENT OF RENT

AND NO-FAULT EVICTIONS FOR RESIDENTIAL TENANTS

WHERE THE FAILURE TO PAY RENT RESULTS FROM
INCOME LOSS RESULTING COVID-19

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALY CITY AS FOLLOWS:

WHEREAS, pursuant to Article XI, Section 7 of the California Constitution, the City of Daly City ("City") may make and enforce all regulations and ordinances using its police powers; and
WHEREAS, on March 4, 2020, California Governor Gavin Newsom ("Governor") declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for a broader spread of COVID-19; and
WHEREAS, the City Council of the City of Daly City adopted a proclamation of a local emergency related to the COVID-19 virus on March 16, 2020; and WHEREAS, as a result of the public health emergency and the precautions recommended and ordered by health authorities to address the health crisis of the COVID19 pandemic, the City of Daly City, including its residents, have also been negatively impacted; and WHEREAS, during the COVID-19 emergency, affected tenants who have lost income due to the impact on the economy or their employment may be at risk of homelessness if they are evicted for non-payment as they will have little or no income and thus be unable to secure other housing if evicted, and an eviction on their record can have long lasting effects on their ability to rent in the future; and
WHEREAS, displacement through eviction destabilizes the living situation of tenants and impacts the health of Daly City’s residents by uprooting children from schools, disrupting the social ties and networks that are integral to citizens' welfare and the stability of communities within the City; and
WHEREAS, on January 29, 2021, Governor Newsom signed SB 91, which protects renters who cannot pay their rent in full due to COVID-19 related hardships, establishes state guidelines for the distribution of state and federal funds to address the debt facing millions of tenants, property owners and homeowners; and
WHEREAS to implement Senate Bill 91, the State of California established the Emergency Rental Assistance Program (“ERAP”) for the distribution of state and federal funds to address the debt facing millions of tenants, property owners and homeowners; and WHEREAS, the State of California has created an on-line application portal for landlords and tenants entitled “Housing is Key”; and

WHEREAS, on March 31, 2022, Governor Newsom signed AB 2179 into law, which further extended the existing eviction protections for nonpayment of rent due to financial distress related to COVID-19 through June 30, 2022, while applications under the Housing is Key state program for rental assistance are pending; and WHEREAS, on April 12, 2021 the City Council adopted Resolution No.21-40 in support of the right to stay home and to encourage landlords and tenants to apply to the State Emergency Rental Assistance; and
WHEREAS, the City Council desires to promote the stability and fairness within the residential rental market in the City during the COVID-19 pandemic outbreak, and to prevent avoidable homelessness thereby serving the public peace, health, safety, and public welfare and to enable tenants in the City whose income and ability to work is affected due to COVID19 to remain in their homes; and WHEREAS, the state eviction protections for tenants who have applied for Emergency Rental Assistance Program and have applications pending with Housing is Key ended on June 30, 2022; and
WHEREAS, many residential tenants in the City of Daly City risk evictions starting on July 1, 2022 without the continuation of eviction protections while their Housing is Key applications are being processed by the state, or if they have any pending federal, state and local rental assistance applications; and
WHEREAS, in order to protect the public health and safety of the tenants of Daly City and in furtherance of the City of Daly City’s police powers, the City Council finds that the continuation of the eviction protections set forth in AB 2179 and if there any other pending federal, state and local rental assistance applicaition, should be extended for Daly City residents until December 31, 2022.

NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALY CITYAS FOLLOWS:

1. Eviction Protections. The eviction protections set forth under AB 2179 for residents and tenants in Daly City for the nonpayment of rent due to financial distress related to COVID-19 are hereby extended through December 31, 2022 in the City of Daly City. The eviction protections shall also apply to residents and tenants in Daly City with any pending federal, state and local rental assistance applications through December 31, 2022.

2. Effective date. This resolution shall become operative and effective retroactively to July 1, 2022.

I hereby certify the foregoing to be a true copy of a Resolution adopted by the City Council of Daly City, California, at a regular meeting thereof held on the day of , 2022, by the following vote of the members thereof:

AYES, and in favor thereof, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

CITY CLERK OF THE CITY OF DALY CITY
APPROVED:

MAYOR OF THE CITY OF DALY CITY

Meeting Date: September 12, 2022
To: Honorable City Council
From: Angie Padilla, City Manager’s Office
Date: September 12, 2022
Subject: Council Committee Meetings July 25 – September 12, 2022 Date of Meeting: Meeting: In Attendance:

July 26, 2022 Development Council Subcommittee Daus-Magbual DESIGN REVIEW-New Self Storage Manalo
Facility, 60 Station Ave., Daly City Stolte
Mothershead
Van Lonkhuysen
August 25, 2022 Affordable Housing Subcommittee Manalo
Carter/Martin Exclusive Negotiating Sylvester
Agreement w/ Bridge Housing Zimmerman
Stolte
Mothershead
Nevin
Zobell

CITY OF DALY CITY INTER-OFFICE MEMORANDUM
DATE: July 13, 2022
TO: See Below
FROM: Angie Padilla, City Manager's Office
SUBJECT: MEETING NOTICE
RE: Development Council Subcommittee
- DESIGN REVIEW
New Self Storage Facility
60 Station Avenue
Daly City
DATE: Tuesday, July 26, 2022
TIME: 6:00 p.m. – 7:00 p.m.

PLACE: ZOOM MEETING (Details to Follow)
ATTENDING:

City Participants: Other Participants:

Dr. Rod Daus-Magbual, Mayor
Juslyn Manalo, Councilmember
Stephen Stolte, Assistant City Manager
Tatum Mothershead, Dir. of ECD
Michael Van Lonkhuysen, Planning Mgr.
cc: City Council

DALY CITY INTER-OFFICE MEMORANDUM

DESIGN REVIEW COMMITTEE
DATE: July 26, 2022
TO: Council Design Review Committee
Roderick Daus-Magbual, Mayor
Juslyn Manalo, Councilmember
FROM: Michael Van Lonkhuysen, Planning Manager
SUBJECT: Design Review DR-2-22-15533
60 Station Avenue – New Self Storage Facility
_____________________________________________________________________________

RECOMMENDATION
Staff recommends that the Design Review Committee approve Design Review DR-2-22-15533, subject to the Conditions of Approval in this report.

PROPOSAL
The applicant, Daniel Sachs, is requesting Design Review Committee approval to demolish an existing meat distribution center and construct a 92,640 square foot five-story self-storage facility at 60 Station Avenue (see Attachment A – Site Location and Attachment B – Project Plans). The first story would include a 12-space parking garage, a 1,070 square foot office, and self-storage area. The upper four stories would consist entirely of self-storage area.

The Design Review Committee evaluation consists of the following:
• Site Plan
• Building Design
• Height Envelope
• Parking

BACKGROUND
In 1968, the City Council approved Use Permit UP67-46 allowing the operation of a food processing and distribution center at 60 Station Avenue. In 1987, the City Council approved Use Permit UP87-27 allowing construction of a 1,336 square foot expansion to the existing warehouse and distribution center and eliminating the food processing portion of the operation. This use has existed largely without issue at the site, except for a noise complaint at the site arising from early morning operations.

The subject property is zoned C2 – Heavy Commercial, where self-storage facilities are allowed without the requirement for a use permit. Therefore, only Design Review Committee approval is required and the project is not subject to public hearings, unless appealed.

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DESIGN EVALUATION
Site Plan
The proposed self-storage building is situated on a nearly square 22,775 square foot parcel at the southwest corner of Station Avenue and Dixon Court. Like the existing building, the self-storage building would cover almost the entire property, which is allowed by the Zoning Ordinance.

Two cast-in-place concrete planters would provide stormwater flow-through planters at the firstfloor exterior. The first-floor interior would contain the 12-space parking garage, a 1,070 square foot office, and self-storage areas.

Access to the 12-space parking garage would be provided though roll-up doors at both Station Avenue and Dixon Court. Additional parking would be provided along the Dixon Court frontage, which includes parking on both sides of the street presently. Drivers typically park perpendicular to the curb at the south side of the street and parallel on the north side. Under the street parking option approved by the Fire Department, the perpendicular parking at the south side of Dixon Court would be amended to be parallel parking like the north side of the street.

Under the proposal, the project would receive a monolithic sidewalk with new street trees and decorative grates. The sidewalk would have two curb-cuts for the garage entrances at Station Avenue and Dixon Court, and a new accessible curb ramp at the street intersection.

The applicant’s architect has spent considerable time developing the site plan with the Engineering Division and Fire Department. Staff has no Conditions of Approval related to the site plan.

Building Design
Due to the location of the proposed self-storage facility adjacent to an established neighborhood and the visibility from Interstate 280, staff has required excellent architectural quality for the proposed building. The project architect, Jackson Liles Associates, has developed a contemporary architectural concept that attempts in several ways to respect the much smaller scale of two-story homes and businesses around it. For this reason, the architect has oriented the building entrance to the Station Avenue/Dixon Court intersection, and the entrance has a pedestrian-scale aspect that is distinctive from more massive floors above.

The bulk of the building is placed at the eastern portion of the site, adjacent to the freeway, and tapers downward in height toward the neighborhood, where second- and third-floor windows are provided to reduce the scale of the project as it faces adjacent residential uses. At the freeway, where the building is at its tallest point, the architect has provided corner architectural elements that provide floor-to-ceiling windows (storage units are behind) and protrude from the adjacent northern and southern building walls. These elements are also recessed from the western wall facing the freeway to provide visual interest to passing motorists on the freeway.

The architect has worked closely with staff to develop a system for siding the building and, in particular, the upper floors of the building, in an effort to reduce its visual mass and bulk. This is achieved using gray-scaled cement panels arranged in a subway tile design, complimenting the

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adjacent freeway. As shown in the project rendering from the southbound freeway perspective, the architect has used the cement panels to create a “wave” design for added visual interest.

Overall, staff is very satisfied with effort taken to address concerns about respecting the neighborhood scale and providing visual interest from the adjacent freeway. For this reason, staff has no proposed Conditions of Approval related to the building design, other than the addition of some wall lighting and requirement that all signs must be architecturally consistent with the building design.

Height Envelope
The subject property is zoned C2 - Heavy Commercial, where the maximum building height allowed is 36 feet. The Zoning Ordinance requires that the building conform to the 36-foot height limit along the front elevation, which is along Station Avenue, but then allows the height to increase beneath a 45-dgree plan that projects from the top of the building’s front elevation toward the property interior (toward the freeway). In addition to the taper from the top of the building along its front elevation, the applicant has proposed tapering at the south and north building elevations to provide a better transition to one- and two-story adjacent structures.

The applicant has provided a Building Height Analysis (see Attachment C – Building Height Analysis) that demonstrates the project’s compliance with the Zoning Ordinance height maximum.

Parking
Because the Zoning Ordinance does not provide parking requirements for self-storage facilities, the Planning Division has established a parking standard based on requirements for similar uses and other approved self-storage facilities. Therefore, staff has applied a parking rate of one space for every 75 storage units. With a maximum proposed 924 units, the project would be required to provide a minimum of 12 parking spaces. The proposed project includes 12 parking spaces and so the project supplies sufficient parking to satisfy the requirement.

ENVIRONMENTAL ASSESSMENT
The proposed project is categorically exempt pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15332: In-Fill Development Projects. The Engineering Division required preparation of a transportation study to ensure that the project was not excluded from the exemption (see Attachment D - Transportation Study). The study found that the proposed project would not have any significant impacts on the transportation system in terms of conflicts with plans, VMT, hazards or emergency access. A project-specific VMT analysis prepared for the project also indicated that the project would not increase regional VMT relative to existing conditions.

FINDINGS
Staff recommends that the Design Review Committee find that the approval of Design Review DR-2-22-15533, as conditioned, is in accordance with Section 17.45 (Design Review) of the Daly City Municipal Code. Approval of the design review application, as conditioned herein, is

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in the best interest of the public health, safety, and general welfare of the community, and that the general site, architecture, and landscape considerations have been incorporated to ensure compatibility with adjacent buildings and to provide an attractive environment. These findings are based in part on the following:

1. The Design Review Committee has reviewed the proposal under the requirements of the California Environmental Quality Act (CEQA) and has determined that the proposed project is categorically exempt pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15332: In-Fill Development Projects;

2. The project complies with applicable provisions of Design Review Section 17.45 of the Zoning Ordinance and is consistent with the Planned Development zoning applicable to the site;

3. General architectural considerations have been incorporated in order to ensure the compatibility of this development with its design concept and the character of other adjacent buildings. These considerations include, but are not limited to, the character, scale and quality of the design, the architectural relationship with the site and other buildings, building materials, and colors;

4. The proposed building conforms to the 36-foot height limit along the front elevation, which is along Station Avenue, butt then allows the height to increase beneath a 45-dgree plan the projects from the top of the building’s front elevation toward the property interior. In addition to the taper from the top of the building along its front elevation, the applicant has proposed tapers at the south and north building elevations for the purpose of provide a better transition to one- and two-story adjacent structures; and and

5. The project will minimize the risk to existing public improvements and adjacent private property by providing controlled stormwater runoff from the site to City facilities in full compliance with Order R-2 NPDES Permit No. CAS612008 and Order No. 2010-0014- DWQ, NPDES No. CAS000002, the statewide National Pollutant Discharge Elimination System (NPDES) General Construction Activity Storm Water Permit.

CONDITIONS OF APPROVAL
Failure to comply with these Conditions of Approval is a violation of this title and subject to enforcement, penalties, and legal procedures as prescribed by Chapter 17.50 of the Daly City Municipal Code. Minor modifications may be approved administratively by the Planning Division however; major changes to the approved design will require Design Committee approval. Distinctions between major and minor changes are subject to the determination by the Director of Economic and Community Development. The recommended Conditions of Approval related to the site and architectural designs for Design Review DR-2-22-15533 are as follows:

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A. DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT
General

1. Plans submitted for the construction of all improvements shall be consistent with plans and project details for Design Review DR-2-22-15533, as approved by the Daly City Council Design Review Committee. Modifications required for minor design and location changes may be approved by the Planning Division. Major changes will require review and approval by the Design Review Committee.

2. If building permits have not been issued within one year of Design Review Committee approval, the Design Review application shall expire.

3. The applicant shall comply with all applicable development standards specified in the Planned Development zoning for this site.

4. The proposed landscaping is subject to Chapter 17.41 (Water Conservation in Landscaping) of the Daly City Municipal Code. The applicant shall submit documentation as required by this chapter to the Planning Division at the time of building permit submittal.

5. The applicant shall provide utility, grading, and landscape plans at the time of building permit submittal. The Planning Division shall not begin review of the building permit application without the provision of these items.

6. All Conditions of Approval identified herein shall be satisfied prior to final Certificate of Occupancy, unless otherwise specified.

Building Design

7. The applicant shall provide exterior up/and down lighting (sconces) that accentuate the building exterior.

8. All signs shall conform to the Zoning Ordinance maximum and architectural quality of the building, as determined by staff. Unless other permitted by staff, all signs shall incorporate halo-illumination.

Stormwater Management

9. The applicant shall develop and submit a stormwater management plan that illustrates full compliance with Section C.3 of Order R-2-2009-0074 NPDES Permit No. CAS612008.

The project must comply with Order No. 2010-0014-DWQ, NPDES No. CAS000002, the statewide National Pollutant Discharge Elimination System (NPDES) General Construction Activity Storm Water Permit.

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10. The applicant shall receive approval of the stormwater management plan from a thirdparty reviewer appointed by the City prior to building permit submittal. The applicant shall pay the entire cost of the third-party reviewer.

11. All stormwater treatment facilities shall be inspected during construction to ensure eventual compliance with the stormwater management plan. The applicant shall pay the entire cost of these inspections.

12. The applicant shall enter into a Maintenance Agreement with the City to ensure longterm maintenance and servicing by the Property Owner of stormwater site design and treatment control measures according the approved Maintenance Plan.

13. The applicant shall arrange and pay for final inspection of installed treatment measure by municipality’s Special Inspector within 45 days of installation or project construction completion, whichever comes first.

14. The applicant shall submit a stormwater management plan that illustrates full compliance with the City’s stormwater regulations. The plan shall build upon the preliminary plan submitted by the applicant to identify appropriately-sized facilities necessary to fully comply the City’s NPDES Permit and shall include stormwater treatment calculations that demonstrate this compliance. Where necessary, the plan shall also demonstrate that substrate material is capable of accepting and/or has been designed to accept stormwater for treatment and can do so at a rate acceptable to the City. The applicant shall be aware that the Stormwater Treatment Plan is subject to third-party review and that the entire cost of this review will be paid for by the applicant.

Site Maintenance

15. The applicant shall submit a site maintenance plan to the Planning Division for review and approval. The maintenance plan shall reference the cross-access easements required by the City during the parcel approval for the project and shall provide specific maintenance assignments of all shared facilities on the project site. These facilities shall include, but not limited to driveways, drainage facilities, retaining walls, site lighting, and the stormwater treatment measures identified in the Stormwater Treatment Plan. Where necessary, the maintenance plan shall identify any responsibilities of the senior apartments, where the apartments benefit from shared facilities (e.g., driveways).

16. The applicant shall maintain the building in a manner that enhances the life and character of the building through routine cleaning of the site and building facades in response to prevent premature aging and wear due to the harsh climatic conditions.

B. DEPARTMENT OF PUBLIC WORKS/ENGINEERING
General

17. The applicants shall apply for a Site Improvement Permit and any applicable encroachment permits from the Public Works Department. The improvements shall be

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consistent with the plans approved by, and to the satisfaction of the City Engineer and the Conditions of Approval. All construction shall meet the latest California Building Code, California Fire Code, Daly City Municipal Code and the City Standard Specifications and Drawings. Securities for all required improvements, and applicable fees and charges, shall be submitted prior to permit issuance. The applicant shall obtain all required permits before commencing work. All required improvements shall be constructed at no cost to the City except where specifically agreed to by the City under the provisions of a written agreement. Grading and improvement plan review and approval by the City Engineer are required before any City Permit is issued. The improvement plans shall include details for on‐site and off‐site improvements for vehicular and pedestrian access, parking, traffic signs and markings, utility service connections, modifications and extension of the City’s sewer, water, storm drain, safety lighting, landscaping, and other public service and common facilities. All utility services shall be underground unless otherwise approved.

Said improvements shall conform to Daly City and affected Agency’s standards.

18. All improvements shall be consistent with the plans approved by the City Engineer and the Conditions of Approval. All improvements shall meet the latest California Building Code, California Fire Code, Daly City Municipal Code, and the City Standards and Specifications.

19. The project’s electrical transformer shall not be installed within the public right-of-way.

20. All electrical and telecommunications services shall be through underground connections.

21. Provide “will serve letters” from the City’s Water and Wastewater Department for water and sewer service and Pacific Gas and Electric Company (PG&E) for gas and electric services.

22. Concurrent with each demolition, grading and drainage permit submittal or as a part of the Improvement Plan package, the Applicant shall prepare a dust control plan. The plan shall conform to the City Standards and comply with the requirements of the Bay Area Air Quality Management District (BAAQMD) Best Management Practices for dust control. The Applicant shall post a publicly visible sign with the telephone number and person to contact regarding dust complaints. The person shall respond and take corrective action within 48 hours.

23. No permanent building encroachment including but not limited to: awnings, canopies, marquees, signs, windows, balconies, architectural features and mechanical equipment shall be allowed in the Right-of-Way without the written authorization of the City Engineer.

24. The applicant and/or Contractor shall have a project sign with a 24-hour Project contact information for public concerns such as off-site tracking, dust control, noise complaints, ground shaking and any related construction activities. The complaints and responses shall be logged, and copies provided to the City Engineer with action status on a weekly basis.

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25. Provide erosion and storm water pollution plan incorporating best management practices, including operation and maintenance provisions per the requirements applicable at the time of construction permit application. During the wet/rainy season (October 1 to April 30) the developer shall submit a revised erosion control plan as necessary (every five working days) or as required by the City Engineer and/or his representative.

26. All improvements shall be installed, inspected and approved by the City Engineer prior to issuance of occupancy permits. In addition, as-built record plans of all improvements shall be submitted in a form acceptable to the City Engineer prior to issuance of occupancy permits.

27. Grading and site improvement plan review and approval by the City Engineer are required before any City permit is issued. The improvement plans shall include details for on-site and off-site improvements for vehicular and pedestrian access, parking, traffic signs and markings, utility service connections, modifications and extensions of the City’s sewer, storm drain, safety lighting, landscaping, and other public service facilities.

28. Comply with the applicable requirements of the City’s General Condition of Approval:

Variances, Design Reviews, Planned Developments and Subdivisions, dated December 8, 1999.

29. If not already approved, the applicant shall submit a finalized traffic study for review and approval by the Traffic Engineer prior to building permit issuance.

30. Prior to Building Permit approval the applicant shall enter into a Landscape Maintenance Agreement in a form acceptable to the City Attorney to ensure the Property Owner will provide long-term maintenance of all street trees, landscaping, irrigation, and pedestrianscale lighting installed in the public right-of-way. Design of planting and irrigation system shall minimize the extent of irrigation lines, controllers, and valves in the public right-of-way and shall be reviewed and approved by the City Engineer. Landscape improvements in the public right-of-way shall be installed as shown on application materials received in June, 2022 and to the satisfaction of the City.

31. The applicant shall repair and/or replace additional areas of street pavement, sidewalk, curb, and gutter, street lights, manhole, catch basins, or any other public infrastructure within the right-of-way damaged by construction activities associated with the project (utility installation, etc.) as required by the City Inspector during construction.

32. The limits of the curb gutter and sidewalk replacement will span the entire frontage of the proposed development to the nearest expansion joints or score lines, and shall generally be to the extend and width shown on the application materials received in June, 2022 and to the satisfaction of the Engineering Division.

33. Any modifications to the development plan that affect Republic Services’ ability to access the property shall be reviewed and approved by Republic Services.

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34. The applicant shall install a curb ramp at the project corner of Station Avenue and Dixon Court, meeting current ADA standards, including the requirement to provide for an ADA compliant landing. The applicant shall dedicate a public access easement for any portion of sidewalk or ramp landing located on private property, or shall adjust the curb line of the sidewalk, or both, as directed by the City Engineer.

35. Proposed driveways shall be constructed to ensure a continuous path across the sidewalk such that the pedestrian path is at sidewalk level.

36. The layout and design of Dixon Court shall be submitted for review and approval by the Engineering Division and the Fire Department. Pavement markings such as tees or centerlines shown on the applicant’s planning entitlements drawings shall only be installed if directed and approved by the Traffic Engineer.

37. The applicant shall be responsible for the installation of signage and any other traffic markings as required by the Engineering Division to facilitate parallel parking on both sides of Dixon Court and to eliminate perpendicular parking as it conflicts with Fire Department requirements to keep a clear width along Dixon Court. If at any time the Traffic Engineer determines that the project frontage requires additional signage or other traffic markings to ensure there is sufficient clear width on Dixon Court or that it is unclear to residents that parallel parking is required, the applicant shall install improvements as directed by the Traffic Engineer.

38. Grading exceeding 50 cubic yards shall require approval of plans and a grading permit. A licensed Civil Engineer shall prepare the grading plans and erosion control plan in conformance with a soil report prepared by a licensed soil engineer or qualified civil engineer in compliance with the NPDES requirements prior to any development on the property.

39. Runoff calculations shall be provided verifying that post development stormwater runoff from the site does not exceed the pre-development stormwater runoff. Additional stormwater runoff generated from the design storm as a result of this development shall be retained on-site. The applicant has submitted a preliminary storm drain analysis titled Storm Drain Study for 60 Station Avenue, dated July 21, 2022, which has been reviewed but not yet approved. Prior to building permit issuance, the applicant shall have submitted for review and obtain approval of a final storm drain study to the satisfaction of the City Engineer. Any stormwater detention system on-site and public storm drain system improvements that is necessary to meet City standards for stormwater detention shall be designed and constructed at the applicant’s sole expense. Furthermore, stormwater discharge to the BART right-of-way shall not exceed pre-project conditions; the applicant shall identify and remove all direction connections of stormwater runoff to the City’s sanitary sewer.

40. With resubmittal of the storm drain study, the applicant shall state the design criteria used to formulate the study. If upon completion of the study the applicant requests to discharge any additional stormwater to the City’s storm drain system on Station Avenue or to perform any public storm drain improvements to accommodate additional

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stormwater, the applicant shall study the system using the City’s storm drain design criteria downstream to the intersection of Station Avenue and School Street, and such discharge may not exceed the design capacity of the proposed pipe. Any proposed storm drain main improvements shall be constructed solely at the applicant’s expense.

41. Drainage from the site to a public storm drain system or street shall not flow over any sidewalk. On site drainage detention shall be provided to limit the flow rate entering the City’s storm drain system to the pre-development rate. The detention facility shall accommodate the excess runoff from a storm of 10-year frequency and two-hour duration.

42. All stormwater retention, stormwater treatment, or other stormwater BMP improvements shall be located outside of the public right-of-way and maintained by the property owner.

All privately owned and maintained improvements shall be located outside of the public right-of-way. There shall be no private improvements within the public right-of-way.

43. The applicant shall be financially responsible for all project-related storm drainage improvements on- and off-site, as required and approved by the City Engineer in accordance with City and Caltrans Standards.

44. Full trash capture devices approved by the City Engineer shall be installed on the existing and proposed drainage systems in the project area.

45. Storm drain laterals and mains shall be CCTV’ed at the end of construction. Owner is responsible for providing videos of laterals/mains prior to the City Engineer’s permit signoff/acceptance.

46. The applicant shall coordinate review of the on-site sanitary sewer system with the Department of Water and Wastewater Resources (DWWR). The new sewer mains shall require CCTV inspection by DWWR.

47. The applicant shall provide verification, in writing, that the joint trench design has been reviewed and approved by each utility company if required.

48. All easement language shall be reviewed and approved by the City Engineer.

C. DEPARTMENT OF WATER/WASTEWATER SERVICES

42. All costs associated with any water system improvements required by the City, shall be borne by the applicant.

43. All costs associated with any sewer system improvements required by the City, shall be borne by the applicant.

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STAFF RECOMMENDATION
Staff recommends the Design Review Committee approve Design Review DR-2-22-15533 subject to the findings and conditions in this report.

Respectfully submitted,
Michael Van Lonkhuysen Tatum Mothershead
Planning Manager Director of Economic and Community
Development
Attachments
Attachment A – Site Location
Attachment B – Project Plans
Attachment C – Building Height Analysis
Attachment D - Transportation Study

CITY OF DALY CITY INTER-OFFICE MEMORANDUM
DATE: August 17, 2022
TO: See Below
FROM: Charlie Morrow, City Manager's Office REVISED
SUBJECT: MEETING NOTICE
RE: Affordable Housing Committee Meeting—
Carter/Martin Exclusive Negotiating Agreement w/Bridge Housing DATE: Thursday, August 25, 2022
TIME: 5:30pm
PLACE: ZOOM MEETING (Meeting Invite via Outlook has been sent out) ATTENDING:

City Participants: Other Participants:

Juslyn Manalo, Councilmember
Glenn Sylvester, Councilmember
Rose Zimmerman, City Attorney
Stephen Stolte, Assistant City Manager
Tatum Mothershead, Dir. of ECD
Betsy Zobell, HCD Supervisor
CONFIRMED MEETING: Thursday August 18th, 2022

1 DALY CITY INTER-OFFICE MEMORANDUM
DATE: August 23, 2022
TO: Councilmember Juslyn C. Manalo
Councilmember Glenn Sylvester
FROM: Tatum Mothershead, Director of Economic and Community Development Betsy ZoBell, Housing and Community Development Manager SUBJECT: Extension of Exclusive Right to Negotiate Agreement between Daly City Housing Development Finance Agency and Bridge Housing for Property Located at Carter and Martin Streets
Staff is seeking direction from the Affordable Housing Committee regarding a request to extend the Exclusive Negotiating Agreement (ENA) agreement between the Daly City Housing Development Finance Agency (DCHDFA) and Bridge Housing relating to development of a 12.5- acre site located at Carter and Martin Streets.

BACKGROUND
With the dissolution of Redevelopment in California in 2012, a 12.5-acre site owned by the Daly City Redevelopment Agency was transferred to the Daly City Housing Development Finance Agency (Housing Successor to the Redevelopment Agency) for the purpose of affordable housing. The site is located at Carter and Martin Streets in the Bayshore neighborhood. In October of 2020, Bridge Housing entered into an ENA with the DCHDFA for development of the site.

The ENA identified particular tasks Bridge would complete including a due diligence review of site constraints (e.g. soils & geotechnical studies, hazardous materials studies, etc.), neighborhood outreach plans, development of a site plan, preliminary building design(s), preparation of cost estimates, evaluation of subsidy requirements and negotiation of a Development Agreement with the Agency identifying terms for site acquisition/use, development and related responsibilities of Bridge and DCHDFA.

The ENA had a term of six months with three extensions if necessary to determine optimal development plan for the site. As of January 2022, all extensions to the ENA have expired.

DISCUSSION
Since October of 2020, Bridge Housing has submitted multiple conceptual plans in the form of a pre-application to the Planning Division and have gone through a series of technical reviews with various City departments. The latest submittal was provided in July (see attachment). The latest plan indicates that the site would accommodate 20 market rate single-family homes and two

2 affordable apartment structures to be built in two phases. The first building, which is closest to Carter Street would provide 120 affordable units and the second apartment building would provide 112 affordable units and would be accessed through a long driveway that would pass through the single-family development and be in the interior of the site. Significant grade issues do not provide for a large enough building pad for a larger single apartment building.

While the proposal for the affordable units is to construct it in two phases, staff is recommending that the entitlement application be for a Planned Development that would zone the property for all phases of development.

In July, Bridge Housing submitted an application to the San Mateo County Department of Housing for $2 million in predevelopment funding under the Affordable Housing Fund -10 NOFA. County staff are in the process of reviewing applications. Site control, in the form of an ENA should enhance the competitiveness of Bridge’s application to the County.

Recommendation
Staff recommends that the Agency extend the ENA between Bridge Housing and DCHDFA for the property located at Carter and Martin Streets for six months, with the option of an additional six months to be approved by the City Manager if it has been demonstrated that Bridge continues to make progress towards submitting a development application to the City, developing a financing plan to fund the proposal, and develop an outreach strategy to engage the community.

Attachment




   


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