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Table 7.4-1: No Project – Existing Zoning Alternative VMT Level of
Analysis
Existing VMT
per
resident/employee
Significance
Threshold1
Alternative
VMT per
resident
Significant
Impact?2
Countywide 13.6/16.8 11.6/14.3 12.2/17.5 Yes/Yes
Regionwide 14.6/15.4 12.4/13.1 12.2/17.5 No/Yes
Notes:
1 The significant threshold is 15 percent below the existing VMT per resident/employee. 2 Significant impacts shown in bold.
Source: Fehr & Peers, Inc. Serramonte Del Rey Precise Plan – Alternatives VMT. April 2023.
The No Project – Existing Zoning Alternative would result in the same or similar less than significant impacts (with mitigation) as the proposed project related to biology, cultural resources, geology and soils, hazards and hazardous materials, hydrology and water quality, tribal cultural resources, and utilities and service systems.
Relationship to Project Objectives
The No Project – Existing Zoning Alternative would not meet the project objective of providing new market-rate and affordable housing given this alternative would yield 175 units, substantially below the 1,235 proposed. This alternative would result in substantial office space on the project site, which is not an objective of the project.
Conclusion
The No Project – Existing Zoning Alternative would result in reduced impacts to construction criteria pollutant emissions, TAC health risk, construction noise, and construction traffic; however, it would result in a more significant VMT impact compared to the proposed project. This alternative would result in similar or same impacts to all other environmental resources. The No Project – Existing Zoning Alternative would not meet the project’s objectives for providing new market-rate and affordable housing units and would partially meet the project’s objective to redevelop an underutilized site with a high-density land use plan.
7.4.3 Environmentally Superior Alternative
The CEQA Guidelines state that an EIR shall identify an environmentally superior alternative. Based on the above discussion, the environmentally superior alternative to the proposed project is the No Project Alternative because all of the project’s significant environmental impacts would be avoided.
However, Section 15126.6(e)(2) states that “if the environmentally superior alternative is the No Project Alternative, the EIR shall also identify an environmentally superior alternative among the other alternatives.” In addition to the No Project Alternative, the No Project – Existing Zoning Alternative would lessen the project’s construction criteria pollutant, TAC health risk, construction noise, and construction traffic impacts .
Serramonte Del Rey Campus Redevelopment 216 Draft EIR
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Table 7.4-2: Summary of Project and Project Alternative Impacts Impacts Proposed Project No Project
Alternative
No Project –
Existing Zoning
Alternative
Aesthetics LTS NI LTS
Agricultural and Forestry
Resources NI NI NI
Air Quality SM NI SM
Biological Resources SM NI SM
Cultural Resources SM NI SM
Energy LTS NI LTS
Geology and Soils SM NI SM
Greenhouse Gas Emissions LTS NI LTS
Hazards and Hazardous Materials SM NI SM
Hydrology and Water Quality SM NI LTS
Land Use LTS NI LTS
Mineral Resources NI NI NI
Noise SM NI SM
Population and Housing LTS NI LTS
Public Services LTS NI LTS
Recreation LTS NI LTS
Transportation/Traffic SM NI SM
Tribal Cultural Resources SM NI SM
Utilities and Service Systems SM NI SM
Wildfire NI NI NI
Meets Project’s Objectives? Yes No No
Notes: SU = Significant unavoidable impact; SM = Significant impact, but can be mitigated to a less than significant level; LTS = Less than significant impact; and NI = No impact. Bold text indicates being environmentally superior to the proposed project where the impact is to a lesser extent.
Serramonte Del Rey Campus Redevelopment 217 Draft EIR
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SECTION 8.0 REFERENCES
The analysis in this Environmental Impact Report 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. Serramonte High School, Daly City Historic Resources Evaluation Report. October 2021.
Association of Bay Area Governments and Metropolitan Transportation Commission. Plan Bay Area 2050. October 21, 2021.
---. “Projections 2040.” Accessed November 22, 2021. http://projections.planbayarea.org/.
Association of Bay Area Governments. Final Regional Housing Needs Allocations (RHNA) Plan:
San Francisco Bay Area, 2023-2031. March 2022.
BAAQMD. Final 2017 Clean Air Plan. April 19, 2017. http://www.baaqmd.gov/plans-andclimate/air-quality-plans/current-plans.
Brown and Caldwell. Daly City 2020 Urban Water Management Plan. June 2021. ---. Hydraulic Analysis for the Westlake South Project. April 2021. ---. Water Supply Assessment for Jefferson Union High School District Master Plan Project.
December 2021. Page 2-2.
CALFire. San Mateo County Fire Hazard Severity Zones in SRA. Adopted by CALFire on November 7, 2007. Map. Accessed August 15, 2022.
https://osfm.fire.ca.gov/media/6802/fhszs_map41.pdf.
California Air Resources Board. “Overview: Diesel Exhaust and Health.” Accessed December 6, 2021. https://ww2.arb.ca.gov/resources/overview-diesel-exhaust-and-health. ---. “The Advanced Clean Cars Program.” Accessed December 1, 2021. https://www.arb.ca.gov/msprog/acc/acc.htm.
California Building Standards Commission. “California Building Standards Code.” Accessed December 1, 2021. https://www.dgs.ca.gov/BSC/Codes#@ViewBag.JumpTo.
California Department of Conservation. “Farmland Mapping and Monitoring Program.” Accessed December 6, 2021. http://www.conservation.ca.gov/dlrp/fmmp/Pages/Index.aspx. ---. “Williamson Act.” http://www.conservation.ca.gov/dlrp/lca. ---. Designated Areas Update San Francisco South Quadrangle. Map. 1996.
Serramonte Del Rey Campus Redevelopment 218 Draft EIR
City of Daly City June 2023
California Department of Forestry and Fire Protection. “Fire and Resource Assessment Program.” Accessed December 6, 2021. http://frap.fire.ca.gov/.
California Department of Housing and Community Development. “Regional Housing Needs Allocation and Housing Elements” Accessed November 19, 2021. http://hcd.ca.gov/community-development/housing-element/index.shtml.
California Department of Tax and Fee Administration. “Net Taxable Gasoline Gallons.” Accessed December 1, 2021.
https://www.cdtfa.ca.gov/dataportal/dataset.htm?url=VehicleTaxableFuelDist.
California Department of Water Resources. “State Groundwater Management Act Basin Prioritization Dashboard”. Accessed September 29, 2021. https://gis.water.ca.gov/app/bpdashboard/final/ California Energy Commission (CEC). “2019 Building Energy Efficiency Standards.” Accessed December 1, 2021. https://www.energy.ca.gov/programs-and-topics/programs/buildingenergy-efficiency-standards/2019-building-energy-efficiency. ---. “Natural Gas Consumption by County.” Accessed August 2, 2021. http://ecdms.energy.ca.gov/gasbycounty.aspx.
---. 2019 Integrated Energy Policy Report. 2019.
---. Energy Consumption Data Management System. “Electricity Consumption by County.” Accessed December 1, 2021. http://ecdms.energy.ca.gov/elecbycounty.aspx.
California Environmental Protection Agency, State Water Resources Control Board. “Impaired Water Bodies”. Accessed September 29, 2021.
https://www.waterboards.ca.gov/water_issues/programs/tmdl/integrated2014_2016.shtml.
---. “Cortese List Data Resources.” Accessed May 28, 2020. https://calepa.ca.gov/sitecleanup/corteselist/.
California Gas and Electric Utilities. 2020 California Gas Report. Accessed August 2, 2021.
California Geological Survey. California Earthquake Hazards Zone Application (EQ ZAPP). Date accessed September 22, 2020. https://maps.conservation.ca.gov/cgs/EQZApp/app/.
California Office of Historic Preservation. “CEQA Guidelines Section 15064.5(a)(3) and California Office of Historic Preservation Technical Assistance Series #6.” Accessed August 31, 2020. http://www.ohp.parks.ca.gov/pages/1069/files/technical%20assistance%20bulletin%206%20 2011%20update.pdf.
California Regional Water Quality Control Board. San Francisco Bay Region Municipal Regional Stormwater NPDES Permit. November 2015.
Serramonte Del Rey Campus Redevelopment 219 Draft EIR
City of Daly City June 2023
CalRecycle. “Disposal Rate Calculator”. Accessed August 15, 2022. https://www2.calrecycle.ca.gov/LGCentral/AnnualReporting/DisposalRateCalculator. ---. “Solid Waste Information Sheet: Corinda Los Trancos Landfill (Ox Mtn) (41-AA-0002).” Accessed August 4, 2022.
https://www2.calrecycle.ca.gov/SolidWaste/SiteActivity/Details/1561?siteID=3223. ---. “SWIS Facility Detail. Cordina Los Trancos (Ox Mtn) (41-AA-0002)”. Accessed on August 4, 2022. https://www2.calrecycle.ca.gov/SolidWaste/SiteActivity/Details/1561?siteID=3223.
City of Daly City. Daly City Municipal Code Ordinance No. 1448. May 10, 2021. ---. General Plan Update Draft Environmental Impact Report. October 2021. ---. Green Infrastructure Program. Page 7. July 2019.
Federal Transit Administration. Transit Noise and Vibration Impact Assessment Manual. 2018.
Fehr & Peers, Inc. Serramonte Del Rey Precise Plan – Alternatives VMT. April 2023. ---. Transportation Impact Assessment Serramonte Del Rey Precise Plan. July 2022.
Illingworth & Rodkin, Inc. Serramonte Del Rey Campus Redevelopment Project Air Quality and Greenhouse Gas Assessment. June 17, 2022.
---. Serramonte Del Rey Campus Redevelopment Project Environmental Noise and Vibration Assessment. June 27, 2022.
Institute of Transportation Engineers. Parking Generation Manual, 5th Edition. 2018. ---. Trip Generation Manual (10th Edition). 2017.
---. Boundary Book. Accessed November 18, 2021.
https://www.jsd.k12.ca.us/District/Department/596-Enrollment-Information. ---. Developer Fee Justification Study for Jefferson Elementary School District. February 2014.
Accessed July 21, 2017.
Macrostrat. “Macrostrat Geologic Map”. Accessed September 14, 2021. https://macrostrat.org/map/#/z=1.5/x=16/y=23/bedrock/lines/.
North County Fire Authority. “Frequently Asked Questions”. Accessed November 16, 2021. https://northcountyfire.org/ncfa-overview/frequently-asked-questions/ Office of Planning and Research. “Changes to CEQA for Transit Oriented Development – FAQ.” October 14, 2014. Accessed: August 24, 2021. http://www.opr.ca.gov/ceqa/updates/sb743/transit-oriented.html.
Serramonte Del Rey Campus Redevelopment 220 Draft EIR
City of Daly City June 2023
Peninsula Clean Energy. “Frequently Asked Questions.” Accessed December 1, 2021. https://www.peninsulacleanenergy.com/faq/. 2) Peninsula Clean Energy. “Energy Choices.” Accessed December 1, 2021. https://www.peninsulacleanenergy.com/faq/.
Public Law 110–140—December 19, 2007. Energy Independence & Security Act of 2007. Accessed December 1, 2021. http://www.gpo.gov/fdsys/pkg/PLAW-110publ140/pdf/PLAW110publ140.pdf.
San Francisco Bay Hydrologic Region Westside Groundwater Basin, California’s Groundwater Bulletin 118, January 20, 2006.
San Mateo County Office of Education. Elementary School Districts, Union High School Districts, and Unified School Districts Map. Accessed November 18, 2021. https://www.smcoe.org/about/districts-and-schools/school-district-information/.
SchoolWorks, Inc. Jefferson Union High School District 2021/2022 Demographics and Enrollment Projections. March 2022.
Slate Geotechnical Consultants. Preliminary Geotechnical Investigation Report Jefferson Union High School District Phase 2 Development - Serramonte Del Rey Daly City, California.
April 20, 2021.
State of California, Department of Finance, E-5 Population and Housing Estimates for Cities, Counties, and the State, 2011-2021 with 2010 Census Benchmark. Sacramento, California.
Accessed May 5, 2022. https://dof.ca.gov/forecasting/demographics/estimates/estimates-e5- 2010-2021/.
State of California, Department of Finance. E-5 Population Estimates for Cities, Counties, and the State—January 1, 2021-2022. May 2022.
Strata Environmental Services, Inc. Phase I Environmental Site Assessment, Serramonte del Rey Campus. February 2020.
Tom Origer & Associates. Cultural Resources Study for the Serramonte Del Rey Project. February 26, 2021.
U.S. Census Bureau. Commuting by Public Transportation in the United States: 2019. April 2021.
U.S. Fish and Wildlife Service. “National Wetlands Inventory”. Accessed December 22, 2021. https://www.fws.gov/wetlands/data/Mapper.html
United States Department of Energy. Energy Independence & Security Act of 2007. Accessed December 1, 2021. http://www.afdc.energy.gov/laws/eisa.
United States Department of the Interior. “Memorandum M-37050. The Migratory Bird Treaty Act Does Not Prohibit Incidental Take.” Accessed December 6, 2021. https://www.doi.gov/sites/doi.gov/files/uploads/m-37050.pdf.
Serramonte Del Rey Campus Redevelopment 221 Draft EIR
City of Daly City June 2023
United States Energy Information Administration. “State Profile and Energy Estimates, 2019.” Accessed December 1, 2021. https://www.eia.gov/state/?sid=CA#tabs-2.
United States Environmental Protection Agency. “Summary of the Resource Conservation and Recovery Act.” Accessed May 11, 2020. https://www.epa.gov/laws-regulations/summaryresource-conservation-and-recovery-act. ---. “The 2021 EPA Automotive Trends Report: Greenhouse Gas Emissions, Fuel Economy, and Technology since 1975.” November 2021.
https://nepis.epa.gov/Exe/ZyPDF.cgi?Dockey=P1010U68.pdf.
Woodard & Curran. Sanitary Sewer Capacity Evaluation for JUHSD Precise Plan. October 2021.
Serramonte Del Rey Campus Redevelopment 222 Draft EIR
City of Daly City June 2023
SECTION 9.0 LEAD AGENCY AND CONSULTANTS
9.1 LEAD AGENCY
City of Daly City
Economic and Community Development Department
Michael Van Lonkhuysen, Planning Manager
9.2 CONSULTANTS
David J. Powers & Associates, Inc.
Environmental Consultants and Planners
Akoni Danielsen, Principal Project Manager
Tyler Rogers, Project Manager
Matthew Moore, Project Manager
Ryan Osaka, Graphic Artist
Archaeological/Historical Consultants, Inc.
Oakland, CA
Historic Assessment
Brown and Caldwell, Inc.
Walnut Creek, CA
Water Supply Assessment
Fehr & Peers, Inc.
Walnut Creek, CA
Transportation
Illingworth & Rodkin, Inc.
Cotati, CA
Air Quality, Greenhouse Gas Emissions, and Noise
Jim Martin
Walnut Creek, CA
Biological Resources
Slate Geotechnical Consultants, Inc.
Oakland, CA
Geotechnical Investigation
Strata Environmental Services, Inc
Knoxville, TN
Phase I Environmental Assessment
Serramonte Del Rey Campus Redevelopment 223 Draft EIR
City of Daly City June 2023
Tom Origer & Associates, Inc.
Rohnert Park, CA
Cultural Resources
Woodard & Curran, Inc.
San José, CA
Sewer Modeling
WRA, Inc.
San Rafael, CA
Biological Resources Peer Review
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SECTION 10.0 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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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
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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
Mitigation Monitoring and Reporting Program
Serramonte Del Rey Campus Redevelopment Project
November 2023
1 MITIGATION MONITORING AND REPORTING PROGRAM
Serramonte Del Rey Campus Redevelopment Project
Impacts Mitigation and/or Avoidance Measure(s)
Timeframe and
Responsibility for
Implementation
Method of
Compliance
Oversight of
Implementation
Air Quality
Impact AIR-2: The
project would not result
in a cumulatively
considerable net
increase of any criteria
pollutant for which the
project region is nonattainment under an
applicable federal or
state ambient air quality
standard. (Less than
Significant Impact
with Mitigation
Incorporated)
MM AIR-2.1: BAAQMD Best Management
Practices: The project shall implement the Bay Area
Air Quality Management District’s (BAAQMD’s)
recommended best management practices (BMPs) and
additional measures to reduce construction equipment
exhaust emissions. These measures shall include the
following:
• All exposed surfaces (e.g., parking areas,
staging areas, soil piles, graded areas, and
unpaved access roads) shall be watered three
times a day and at a frequency adequate to
maintain minimum soil moisture of 12 percent.
Moisture content shall be verified by lab
samples or moisture probe.
• All haul trucks transporting soil, sand, or other
loose material off-site shall be covered.
• All visible mud or dirt track-out onto adjacent
public roads shall be removed using a wet
power vacuum street sweeper at least once per
day. The use of dry power sweeping shall be
prohibited.
• All vehicle speeds on unpaved roads shall be
limited to 15 mph.
The project
applicant and
contractors shall be
responsible for
implementing the
mitigation measures
during all phases of
construction.
All measures shall
be printed on all
construction
documents,
contracts, and
project plans and
shall be reviewed
by the Director of
Economic and
Community
Development prior
to the issuance of a
demolition or
grading permit.
Director of
Economic and
Community
Development
2 MITIGATION MONITORING AND REPORTING PROGRAM
Serramonte Del Rey Campus Redevelopment Project
Impacts Mitigation and/or Avoidance Measure(s)
Timeframe and
Responsibility for
Implementation
Method of
Compliance
Oversight of
Implementation
• All roadways, driveways, and sidewalks to be
paved shall be completed as soon as possible.
Building pads shall be laid as soon as possible
after grading unless seeding or soil binders are
used.
• All construction equipment shall be maintained
and properly tuned in accordance with
manufacturer’s specifications. All equipment
shall be checked by a certified mechanic and
determined to be running in proper condition
prior to operation.
• Post a publicly visible sign with the telephone
number and person to contact at the Lead
Agency regarding dust complaints. This person
shall respond and take corrective action within
48 hours. The Air District’s phone number
shall also be visible to ensure compliance with
applicable regulations.
• All excavation, grading, and/or demolition
activities shall be suspended when average
wind speeds exceed 20 mph and visible dust
extends beyond site boundaries.
• Wind breaks (e.g., trees, fences) shall be
installed on the windward side(s) of actively
disturbed areas of construction adjacent to
3 MITIGATION MONITORING AND REPORTING PROGRAM
Serramonte Del Rey Campus Redevelopment Project
Impacts Mitigation and/or Avoidance Measure(s)
Timeframe and
Responsibility for
Implementation
Method of
Compliance
Oversight of
Implementation
sensitive receptors. Wind breaks should have
at maximum 50 percent air porosity.
• Vegetative ground cover (e.g., fastgerminating native grass seed) shall be planted in disturbed areas as soon as possible and
watered appropriately until vegetation is
established.
• The simultaneous occurrence of excavation,
grading, and ground-disturbing construction
activities on the same area at any one time
shall be limited. Activities shall be phased to
reduce the amount of disturbed surfaces at any
one time.
• Avoid tracking of visible soil material on to
public roadways by employing the following
measures if necessary: (1) Site accesses to a
distance of 100 feet from public paved roads
shall be treated with a 6 to 12-inch compacted
layer of wood chips, mulch, or gravel and (2)
washing truck tires and construction equipment
of prior to leaving the site.
• Sandbags or other erosion control measures
shall be installed to prevent silt runoff to public
roadways from sites with a slope greater than
one percent.
4 MITIGATION MONITORING AND REPORTING PROGRAM
Serramonte Del Rey Campus Redevelopment Project
Impacts Mitigation and/or Avoidance Measure(s)
Timeframe and
Responsibility for
Implementation
Method of
Compliance
Oversight of
Implementation
MM AIR-2.2: Selection of Construction Equipment:
All construction equipment larger than 25 horsepower
used at the site for more than two continuous days or
20 hours total shall meet U.S. Environmental
Protection Agency (EPA) Tier 4 emission standards
PM (PM10 and PM2.5), if feasible, otherwise,
• Use equipment that meets U.S. EPA emission
standards for Tier 2 or 3 engines and include
particulate matter emissions control equivalent
to California Air Resources Board (CARB)
Level 3 verifiable diesel emission control
devices that altogether achieve a 50-percent
reduction in particulate matter exhaust in
comparison to uncontrolled equipment;
alternatively (or in combination).
• Use of electrical or non-diesel fueled
equipment.
Alternatively, the applicant may develop another
construction operations plan demonstrating that the
construction equipment used on-site would achieve a
reduction in construction diesel particulate matter
emissions by 70 percent or greater. Elements of the
plan could include a combination of some of the
following measures:
The applicant and
contractors shall be
responsible for
implementing the
mitigation measures
during all phases of
construction.
If the applicant
develops an
alternative
construction
operation plan, the
applicant shall be
responsible for
obtaining a qualified
air quality expert to
review the
construction
operation plan.
All measures shall
be printed on all
construction
documents,
contracts, and
project plans and
shall be reviewed
by the Director of
Economic and
Community
Development prior
to the issuance of a
demolition or
grading permit.
If an alterative
construction
operation plan is
developed, that
plan shall be
reviewed by a
qualified air
quality expert and
the the Director of
Economic and
Community
Director of
Economic and
Community
Development
5 MITIGATION MONITORING AND REPORTING PROGRAM
Serramonte Del Rey Campus Redevelopment Project
Impacts Mitigation and/or Avoidance Measure(s)
Timeframe and
Responsibility for
Implementation
Method of
Compliance
Oversight of
Implementation
• Implementation of Tier 4 or alternatively
fueled equipment,
• Installation of electric power lines during early
construction phases to avoid use of diesel
generators and compressors,
• Use of electrically-powered equipment,
• Forklifts and aerial lifts used for exterior and
interior building construction shall be electric
or propane/natural gas powered,
• Change in construction build-out plans to
lengthen phases, and
• Implementation of different building
techniques that result in less diesel equipment
usage.
Such a construction operations plan would be subject
to review by an air quality expert and approved by the
City prior to construction.
Development prior
to the issuance of a
demolition or
grading permit.
MM AIR-2.3: Low Volatile Organic Compounds
(VOC) Coating: The project shall use low volatile
organic compound or VOC (i.e., ROG) coatings, that
are below current BAAQMD requirements (i.e.,
Regulation 8, Rule 3: Architectural Coatings), for at
least 50 percent of all residential and nonresidential
interior paints and 50 percent of exterior paints. This The applicant and
contractors shall be
responsible for
implementing the
mitigation measures
during all phases of
construction.
All measures shall
be printed on all
construction
documents,
contracts, and
project plans and
shall be reviewed
Director of
Economic and
Community
Development
6 MITIGATION MONITORING AND REPORTING PROGRAM
Serramonte Del Rey Campus Redevelopment Project
Impacts Mitigation and/or Avoidance Measure(s)
Timeframe and
Responsibility for
Implementation
Method of
Compliance
Oversight of
Implementation
includes all architectural coatings applied during both construction and reapplications throughout the
project’s operational lifetime. At least 50 percent of
coatings applied must meet a “super-compliant” VOC
standard of less than 10 grams of VOC per liter of
paint. For reapplication of coatings during the project’s operational lifetime, the Declaration of Covenants,
Conditions, and Restrictions shall contain a stipulation for low VOC coatings to be used.
by the Director of
Economic and
Community
Development prior
to the issuance of a
building permit.
Impact AIR-3: The
project would not
expose sensitive
receptors to substantial
pollutant concentrations.
(Less than Significant
Impact with Mitigation
Incorporated)
MM AIR-3.1: Prior to the issuance of a grading
permit, the applicant shall provide the City with the
most recent construction phasing schedule by parcel
for buildout of the proposed Precise Plan. If the most
recent construction phasing schedule increases the
number of units per construction phase compared to
the construction phasing assumed in the air quality
analysis of this EIR, the applicant shall prepare an
updated community health risk assessment to confirm
that the new phasing will not result in any new or more significant air quality impacts not previously disclosed in this EIR. The updated community health risk
assessment shall be reviewed and approved by the
Director of Community Development or Director’s
designee.
Prior to the start of
construction, the
applicant shall
submit most recent
construction phasing
schedule to the
Economic and
Community
Development
Department.
The applicant shall
submit the most
recent construction
phasing schedule
and/or updated
community health
risk assessment for
review and
approval by the
Director of
Economic and
Community
Development prior
to the issuance of a
demolition or
grading permit.
Director of
Economic and
Community
Development
7 MITIGATION MONITORING AND REPORTING PROGRAM
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Method of
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Oversight of
Implementation
Biological Resources
Impact BIO-1: The
project would not have a
substantial adverse
effect, either directly or
through habitat
modifications, on any
species identified as a
candidate, sensitive, or
special status species in
local or regional plans,
policies, or regulations,
or by the CDFW or
USFWS. (Less than
Significant Impact
with Mitigation
Incorporated)
MM BIO-1.1:
• If construction is initiated during the nonbreeding season (September 1 to January 31), then vegetation removal, building demolition
and other construction may proceed with no
restrictions.
• If initial building demolition, vegetation
removal, and construction is proposed during
the nesting season (February 1 to August 31), a
focused survey for nesting raptors and other
native birds shall be conducted by a qualified
biologist within 14 days prior to the onset of
construction in order to determine whether any
active nests are present on the site and
surrounding area within 250 feet of proposed
construction. The survey shall be reconducted
any time construction has been delayed or
curtailed for more than 14 days during the
nesting season.
• If no active nests are identified during the
construction survey period, then building
demolition, vegetation removal, and other
construction may proceed with no restrictions.
• If active bird nests are found, an adequate
setback shall be established by a qualified
The project
applicant and
contractors shall be
responsible for
implementing the
mitigation measures
prior to project
construction,
including tree
removals or building
demolition.
All measures shall
be printed on all
construction
documents,
contracts, and
project plans and
shall be reviewed
by the Director of
Economic and
Community
Development prior
to the issuance of a
demolition or
grading permit.
A final report of
nesting birds,
including any
protection
measures, shall be
submitted to the
Director of
Community
Development prior
to the issuance of a
Director of
Economic and
Community
Development
8 MITIGATION MONITORING AND REPORTING PROGRAM
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Impacts Mitigation and/or Avoidance Measure(s)
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Implementation
Method of
Compliance
Oversight of
Implementation
biologist, approved by the City Planning
Division, around the nest location and
construction activities restricted within this nodisturbance zone until the qualified biologist has confirmed that any young birds have
fledged and are able to function outside the
nest location. Required setback distances for
the no-disturbance zone shall be based on input
received from the CDFW and may vary
depending on species and sensitivity to
disturbance. As necessary, the no-disturbance
zone shall be fenced with temporary orange
construction fencing if construction is to be
initiated elsewhere on the site outside this
zone.
• A report of findings shall be prepared by the
qualified biologist and submitted to the
Director of Community Development or
Director’s designee for review and approval
prior to initiation of construction during the
nesting season (February 1 to August 31). The
report shall either confirm absence of any
active nests or should confirm that any young
are located within a designated no-disturbance
zone and construction can proceed. No report
of findings is required if construction is
grading permit or
demolition permit,
and any tree
removal
9 MITIGATION MONITORING AND REPORTING PROGRAM
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initiated during the non-nesting season
(September 1 to January 31) and continues
uninterrupted according to the above criteria.
MM BIO-1.2: Adequate measures shall be taken to
avoid roosting by special-status bat species as a result of tree removal and building demolition, specifically:
• To the extent feasible, any tree removal or
trimming that is deemed necessary by a
certified arborist to maintain tree health shall
be conducted outside of the bat maternity
season (i.e., generally avoiding tree removal or
trimming April through October).
• Building demolition shall, to the extent
feasible, be conducted outside of the bat
maternity season (i.e., generally avoiding
demolition April through October).
• If tree removal, trimming, or building
demolition occurs within bat maternity season
(i.e., generally April through October), a preconstruction bat roost assessment shall be conducted by a qualified biologist at least 14
days and no more than 30 days prior to tree
removal or building demolition to determine if
bats roosts are present that may be impacted by
project activities.
The project
applicant and
contractors shall be
responsible for
implementing the
mitigation measures
prior to project
construction,
including tree
removal and
building demolition.
All measures shall
be printed on all
construction
documents,
contracts, and
project plans and
shall be reviewed
by the Director of
Economic and
Community
Development prior
to the issuance of a
demolition or
grading permit.
A final report of
bats, including any
protection
measures, shall be
submitted to the
Director of
Community
Development prior
Director of
Economic and
Community
Development
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• If special-status bat species or maternity roosts
are detected during these surveys, a qualified
biologist shall identify any additional measures
required to protect the roosts, such as including
avoidance of the roosts until the end of the
maternity roosting season. The qualified
biologist shall also contact the California
Department of Fish and Wildlife (CDFW) and
coordinate with CDFW on measures to protect
the roosts.
• Regardless of the timing of tree removal or
trimming activities, all felled trees or large
limbs shall remain on the ground for at least
24-hours prior to chipping, off-site removal, or
other processing to allow any roosting
individual bats to vacate the premises of their
own volition.
A report of findings shall be prepared by the qualified biologist and submitted to the Director of Community
Development or Director’s designee for review and
approval prior to initiation of construction during the maternity roosting season (April through October).
The report shall either confirm absence of any active
maternity roosts or specify any additional measures
necessary to protect roosts until the end of the
to the issuance of a
grading permit or
demolition permit,
and any tree
removal
11 MITIGATION MONITORING AND REPORTING PROGRAM
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Oversight of
Implementation
maternity roosting season. No report of findings is
required if construction is initiated during the nonmaternity roosting season (November through March) and continues uninterrupted according to the above
criteria.
Cultural Resources
Impact CUL-2: The
project would not cause
a substantial adverse
change in the
significance of an
archaeological resource
pursuant to CEQA
Guidelines Section
15064.5. (Less than
Significant Impact
with Mitigation
Incorporated)
MM CUL-2.1: Undiscovered Archaeological
Resources. If evidence of an archaeological site or
other suspected cultural resource as defined by CEQA
Guideline Section 15064.5, including darkened soil
representing past human activity (“midden”), that
could conceal material remains (e.g., worked stone,
worked bone, fired clay vessels, faunal bone, hearths,
storage pits, or burials) is discovered during
construction related earth-moving activities, all
ground-disturbing activity within 100 feet of the
resources shall be halted and the City’s Planning
Manager shall be notified. The project sponsor shall
hire a qualified archaeologist to conduct a field
investigation. the City’s Planning Manager shall
consult with the archaeologist to assess the
significance of the find. Impacts to any significant
resources shall be mitigated to a less-than-significant level through data recovery or other methods
determined adequate by a qualified archaeologist and
that are consistent with the Secretary of the Interior’s The project
applicant and
contractors shall be
responsible for
implementing the
mitigation measures
before and during all
phases of
construction.
All measures shall
be printed on all
construction
documents,
contracts, and
project plans and
shall be reviewed
by the Director of
Economic and
Community
Development prior
to the issuance of a
demolition or
grading permit.
Director of
Economic and
Community
Development
12 MITIGATION MONITORING AND REPORTING PROGRAM
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Impacts Mitigation and/or Avoidance Measure(s)
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Method of
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Oversight of
Implementation
Standards for Archaeological documentation. Any
identified cultural resources shall be recorded on the
appropriate DPR 523 (A-J) form and filed with the
NWIC.
MM CUL-2.2: Report of Archaeological Resources. If
archaeological resources are identified, a final report summarizing the discovery of cultural materials shall
be submitted to the City’s Planning Manager prior to
issuance of certificate of occupancy. This report shall contain a description of the mitigation program that
was implemented and its results, including a
description of the monitoring and testing program, a
list of the resources found and conclusion, and a
description of the disposition/curation of the resources.
If archaeological
resources are
identified, a final
report shall be
submitted to the
City’s Planning
Manager prior to
issuance of
certificate of
occupancy.
Impact CUL-3: The
project would not
disturb any human
remains, including those
interred outside of
dedicated cemeteries.
(Less than Significant
Impact with Mitigation
Incorporated)
MM CUL-3.1:Human Remains. If human remains are
discovered during project construction, all grounddisturbing activity within 100 feet of the resources shall be halted and the City’s Planning Manager and
the San Mateo County coroner shall be notified
immediately, according to Section 5097.98 of the State
Public Resources Code and Section 7050.5 of
California’s Health and Safety Code. If the remains are determined by the County coroner to be Native
American, the Native American Heritage Commission
The project
applicant and
contractors shall be
responsible for
implementing the
mitigation measures
during all phases of
construction.
All measures shall
be printed on all
construction
documents,
contracts, and
project plans and
shall be reviewed
by the Director of
Economic and
Community
Director of
Economic and
Community
Development
13 MITIGATION MONITORING AND REPORTING PROGRAM
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Impacts Mitigation and/or Avoidance Measure(s)
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Implementation
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Implementation
(NAHC) shall be notified within 24 hours, and the
guidelines of the NAHC shall be adhered to in the
treatment and disposition of the remains. The project
sponsor shall also retain a professional archaeologist
with Native American burial experience to conduct a
field investigation of the specific site and consult with the Most Likely Descendant, if any, identified by the
NAHC. As necessary, the archaeologist may provide
professional assistance to the Most Likely Descendant,
including the excavation and removal of the human
remains. The City of Daly City shall be responsible for approval of recommended mitigation as it deems
appropriate, taking account of the provisions of State
law, as set forth in CEQA Guidelines section
15064.5(e) and Public Resources Code section
5097.98. The project sponsor shall implement
approved mitigation, to be verified by the City of Daly City, before the resumption of ground-disturbing
activities within 100 feet of where the remains were
discovered.
Development prior
to the issuance of
demolition or
grading permits.
Geology and Soils
Impact GEO-6: The
project would not
directly or indirectly
destroy a unique
paleontological resource
MM GEO-6.1: Unique Paleontological and/or
Geologic Features and Reporting. Should a unique
paleontological resource or site or unique geological
feature be identified at the project site during any
phase of construction, all ground disturbing activities The project
applicant and
contractors shall be
responsible for
implementing the
All measures shall
be printed on all
construction
documents,
contracts, and
Director of
Economic and
Community
Development
14 MITIGATION MONITORING AND REPORTING PROGRAM
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Impacts Mitigation and/or Avoidance Measure(s)
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Method of
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Oversight of
Implementation
or site or unique
geological feature. (Less
than Significant
Impact with Mitigation
Incorporated)
within 25 feet shall cease and the City’s Planning
Director notified immediately. A qualified
paleontologist shall evaluate the find and prescribe
mitigation measures to reduce impacts to a less than
significant level. Work may proceed on other parts of
the project site while mitigation for paleontological
resources or geologic features is implemented. Upon
completion of the paleontological assessment, a report
shall be submitted to the City and, if paleontological
materials are recovered, a paleontological repository,
such as the University of California Museum of
Paleontology.
mitigation measures
during all phases of
construction.
project plans and
shall be reviewed
by the Director of
Economic and
Community
Development prior
to the issuance of
demolition or
grading permits.
If completed, the
paleontological
assessment shall
be submitted to the
City prior to
issuance of
occupancy
permits.
Hazards and Hazardous Materials
Impact HAZ-2: The
project would not create
a significant hazard to
the public or the
environment through
reasonably foreseeable
upset and accident
MM HAZ-2.1: Prior to the issuance of demolition,
grading, or building permits for projects on Parcels CE, the applicant shall remove the existing underground storage tanks (USTs) and aboveground storage tanks
(ASTs) in accordance with the San Mateo County
Department of Environmental Health’s (SMCDEH)
Underground Storage Tank Program and Aboveground
Prior to issuance of
demolition, grading ,
or building permits
allowing any
demolition or
construction
activities on Parcels
Prior to the
issuance of
demolition,
grading, or
building permits
on Parcels C-E,
the applicant shall
Director of
Economic and
Community
Development and
San Mateo County
Department of
15 MITIGATION MONITORING AND REPORTING PROGRAM
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Oversight of
Implementation
conditions involving the
release of hazardous
materials into the
environment. (Less than
Significant Impact
with Mitigation
Incorporated)
Petroleum Storage Tank Program. During removal of
the ASTs and USTs, contractors shall observe for
staining and spilled contaminants. If stains and/or
spills are observed, an Environmental Professional
shall be retained to collect soil samples for laboratory analysis in accordance with commonly accepted
environmental protocols. If contaminants are identified at concentrations exceeding applicable screening levels published by the RWQCB, DTSC and/or EPA ,
appropriate mitigation measures, such as, but not
limited to, a Soil Management Plan and Health Safety
Plan, shall be incorporated into the demolition permit.
Approval by an appropriate regulatory agency (i.e.,
RWQCB, DTSC or SMCDEH) shall be obtained prior
to conducting earthwork activities in the vicinity of the impacted soil. The applicant shall provide
documentation of the safe removal of all existing
USTs and ASTs consistent with SMCDEH
requirements to Director of Economic and Community
Development or Director’s designee for review and
approval.
C-E, the applicant
shall be responsible
for removing the
existing
underground and
aboveground storage
tanks.
remove the
existing
underground and
aboveground
storage tanks in
accordance with
the San Mateo
County
Department of
Environmental
Health’s
(SMCDEH)
Underground
Storage Tank
Program and
Aboveground
Petroleum Storage
Tank Program.
Confirmation from
the SMCDEH of
the tank removal
shall be submitted
to the Director of
Economic and
Community
Environmental
Health
16 MITIGATION MONITORING AND REPORTING PROGRAM
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Oversight of
Implementation
Development for
review.
If residual
contamination is
found during
removal of the
tanks, the
applicant shall
obtain cleanup
approval from San
Mateo County
Department of
Environmental
Health prior to
conducting
earthwork
activities in the
vicinity of the
impacted soil. The
San Mateo County
Department of
Environmental
Health approval
shall be submitted
to the Director of
17 MITIGATION MONITORING AND REPORTING PROGRAM
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Method of
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Oversight of
Implementation
Economic and
Community
Development for
review.
Noise and Vibration
Impact NOI-1: The
project would not result
in generation of a
substantial temporary or
permanent increase in
ambient noise levels in
the vicinity of the
project in excess of
standards established in
the local general plan or
noise ordinance, or
applicable standards of
other agencies. (Less
than Significant
Impact with Mitigation
Incorporated)
MM NOI-1.1: The applicant shall develop a
construction noise control plan for each construction
phase, including, but not limited to, the following
available controls:
• Construct temporary noise barriers, where
feasible, to screen stationary noise-generating
equipment. Temporary noise barrier fences
would provide a 5 dBA noise reduction if the
noise barrier interrupts the line-of-sight
between the noise source and receptor and if
the barrier is constructed in a manner that
eliminates any cracks or gaps.
• Construct a temporary noise barrier, where
feasible, between Parcel C and Shasta High
School to screen noise-generating equipment.
Temporary noise barrier fences would provide
a 7 dBA noise reduction if the noise barrier
interrupts the line-of-sight between the noise
source and receptor and if the barrier is
constructed in a manner that eliminates any
cracks or gaps. To achieve a 7 dBA of noise
The project
applicant and
contractors shall be
responsible for
implementing the
mitigation measures
during all phases of
construction.
All measures shall
be printed on all
construction
documents,
contracts, and
project plans and
shall be reviewed
by the Director of
Economic and
Community
Development prior
to the issuance of a
demolition,
grading, or
building permit.
Director of
Economic and
Community
Development
18 MITIGATION MONITORING AND REPORTING PROGRAM
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Implementation
reduction the temporary barrier shall block line
of sight to the top of the Shasta High School
building windows.
• Equip all internal combustion engine-driven
equipment with intake and exhaust mufflers
that are in good condition and appropriate for
the equipment.
• Unnecessary idling of internal combustion
engines should be strictly prohibited.
• Locate stationary noise-generating equipment,
such as air compressors or portable power
generators, as far as possible from sensitive
receptors as feasible. If they must be located
near receptors, adequate muffling (with
enclosures where feasible and appropriate)
shall be used to reduce noise levels at the
adjacent sensitive receptors. Any enclosure
openings or venting shall face away from
sensitive receptors.
• Utilize "quiet" air compressors and other
stationary noise sources where technology
exists.
• Construction staging areas shall be established
at locations that will create the greatest
distance between the construction-related noise
19 MITIGATION MONITORING AND REPORTING PROGRAM
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sources and noise-sensitive receptors nearest
the project site during all project construction.
• Locate material stockpiles, as well as
maintenance/equipment staging and parking
areas, as far as feasible from residential
receptors.
• Route construction-related traffic along major
roadways and as far as feasible from sensitive
receptors.
• Locate material stockpiles, as well as
maintenance/equipment staging and parking
areas, as far as feasible from residential
receptors.
• Control noise from construction workers’
radios to a point where they are not audible at
existing residences bordering the project site.
• The contractor shall prepare a detailed
construction schedule for major noisegenerating construction activities. The construction plan shall identify a procedure for
coordination with adjacent residential land
uses so that construction activities can be
scheduled to minimize noise disturbance.
• Designate a "disturbance coordinator" who
would be responsible for responding to any
complaints about construction noise. The
20 MITIGATION MONITORING AND REPORTING PROGRAM
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disturbance coordinator will determine the
cause of the noise complaint (e.g., bad muffler,
etc.) and will require that reasonable measures
be implemented to correct the problem.
Conspicuously post a telephone number for the
disturbance coordinator at the construction site
and include in it the notice sent to neighbors
regarding the construction schedule.
Transportation
Impact TRN-2: The
project would not
conflict or be
inconsistent with CEQA
Guidelines Section
15064.3, subdivision
(b). (Less than
Significant Impact
with Mitigation
Incorporated)
MM TRN-2.1: Prior to issuance of building permits,
the project applicant shall develop a transportation
demand management (TDM) plan for the proposed
project (except for the Parcel A development project
which has already been occupied) in accordance with
C/CAG’s Transportation Demand Management Policy
Implementation Guide, including any anticipated
phasing, and shall submit the TDM Plan to the City for
review and approval. The TDM Plan shall identify trip
reduction strategies as well as mechanisms for funding
and overseeing the delivery of trip reduction programs
and strategies. The TDM Plan shall be designed to
achieve the trip reduction, as required to reduce the
VMT per resident from 12.0 to 11.6. The TDM Plan
shall describe which measures apply to the entire site
and which, if any, apply on a parcel-by-parcel basis.
Prior to issuance of
building permits, the
applicant shall
develop a TDM Plan
that identifies trip
reduction strategies
to reduce vehicle
miles traveled
(VMT) per resident
from 12.0 to 11.6.
The project
applicant shall be
responsible for
implementing a
TDM Plan prior to
building occupancy
The TDM Plan
shall be submitted
to the City Traffic
Engineer for
review and
approval.
The results of the
biennial reviews
shall be submitted
to the City Traffic
Engineer for
review and
approval.
If the program’s
VMT reduction
City Traffic
Engineer
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Oversight of
Implementation
Trip reduction strategies applicable to the proposed
project may include, but are not limited to, the
following:
• Provide Secure and Accessible Bike Parking
• Provide Bicycle Maintenance Facilities
• Price and Unbundle Parking
• Provide Carpooling Programs
• Implement Car-Sharing Program
• Implement Loaner Bike Program
• Provide a Transit Riders Guide
• Provide a Dedicated Transportation
Coordinator
• Provide an Online TDM Information Center
• Free Trial Rides on Transit Services
• Implement a Subsidized or Discounted Transit
Program
The TDM plan shall indicate the estimated Vehicle
Trip Reduction (VTR) for each strategy proposed
based on published research or guidelines. For TDM
measures containing ongoing operational VTR
strategies, the TDM plan shall include an ongoing
monitoring and enforcement program to ensure the
Plan is implemented on an ongoing basis during
project operation. For VTR strategies involving
and shall conduct
annual evaluations
of the effectiveness
of the TDM Plan for
the first six years of
occupancy.
goals are not
satisfied, site
management shall
prepare and submit
for City approval a
Corrective Action
Plan. The
Corrective Action
Plan shall detail
the additional
TDM measures to
be implemented on
site and their
expected
travel/mode split
reduction.
Additional annual
travel surveys and
driveway counts
shall be conducted
for the two years
following the
implementation of
the Corrective
Action Plan to
determine if the
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Implementation
physical improvements, the project shall obtain the
necessary permits/approvals from the City and install
the improvements prior to building occupancy.
Applicant will resubmit TDM Plan if there is a
material adverse impact resulting from a change from
the permitted uses (i.e., unit count, use type, phasing).
The TDM Plan shall require annual evaluation of the
program by the property owner, to determine if the
program goals in reducing automobile travel are
satisfied and to assess the effectiveness of the various strategies implemented. The property owner shall be
required to conduct biennial self-certification for the first six years of project occupancy per the C/CAG
TDM Program. The property owner shall conduct
annual travel surveys and driveway counts to monitor
the amount of automobile travel generated by the
project. The goal of the TDM Plan and programs shall
be to reduce the project’s daily VMT per resident from
12.0 to 11.6. Based on the results of the surveys, the
TDM programs shall be increased if these
requirements are not met. Annual travel surveys and
driveway counts (TDM program monitoring) shall be
conducted for the first two years following project
occupancy. The results of the monitoring program and
travel surveys shall be submitted to the City for review and approval. If the program VMT reduction goals are
program’s VMT
reduction goals are
satisfied.
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met in the first six years, annual monitoring and
surveys shall be suspended. If the program’s VMT
reduction goals are not satisfied, site management shall prepare and submit for City approval a Corrective
Action Plan. The Corrective Action Plan shall detail
the additional TDM measures to be implemented on
site and their expected travel/mode split reduction.
Additional annual travel surveys and driveway counts
shall be conducted for the two years following the
implementation of the Corrective Action Plan to
determine if the program’s VMT reduction goals are
satisfied.
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 with Mitigation
Incorporated)
MM TRN-3.1: A Construction Traffic Management
Plan shall be developed and implemented to minimize
impacts to the transportation system. The Construction
Traffic Management Plan shall detail the Project’s
construction schedule, vehicle type time-of-day plans,
route planning, advanced public notices of partial or
full street closures or traffic diversion, and other
strategies to reduce potential conflicts during
construction. The plan shall include, but not be limited to, the following:
• Identification of the traffic controls and
methods proposed during each phase of Project
construction. Provision of safe and adequate
The project
applicant and
contractors shall be
responsible for
implementing the
mitigation measures
during all phases of
construction.
All measures shall
be printed on all
construction
documents,
contracts, and
project plans and
shall be reviewed
by the City Traffic
Engineer prior to
the issuance of a
demolition,
grading, or
building permit.
City Traffic
Engineer
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Method of
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Oversight of
Implementation
access for vehicles, transit, bicycles, and
pedestrians. Traffic controls and methods
employed during construction shall be in
accordance with Daly City standards and the
requirements of the California Manual of
Uniform Traffic Control Devices (CA
MUTCD 2014, Revision 6).
• Provision of notice to relevant emergency
services, thereby avoiding interference with
adopted emergency plans, emergency vehicle
access, or emergency evacuation plans.
• A prohibition on all construction truck activity
during the weekday morning and evening peak
commute periods (7:00 a.m. to 9:00 a.m. and
4:00 p.m. to 6:00 p.m.).
• Preservation of emergency vehicle access.
• Identification of approved truck routes in
communication with Daly City staff.
• Location of staging areas and the location of
construction worker parking.
• Identification of the means and locations of the
separation (i.e. fencing) of construction areas
and adjacent active uses.
• The provision of flaggers at all on-site
locations where construction trucks and
25 MITIGATION MONITORING AND REPORTING PROGRAM
Serramonte Del Rey Campus Redevelopment Project
Impacts Mitigation and/or Avoidance Measure(s)
Timeframe and
Responsibility for
Implementation
Method of
Compliance
Oversight of
Implementation
construction worker vehicles conflict with
vehicle, bicycle, transit, or pedestrian traffic.
• Provision of a point of contact for residents to
obtain construction information, have
questions answered and convey complaints.
MM TRN-3.3: As part of the project’s final design,
each residential facility’s garage entrance accessed via the public right of way shall be designed to provide
adequate storage for expected vehicle queues. The
amount of storage shall be calculated based on the
individual garage size and forecast rates of arrival and departure. A minimum stacking distance of 25 feet
shall be provided between the back of curb and gate
installation at the entrance to each residential garage entrance. The purpose of this space is to minimize the
instance of vehicles queued across sidewalks and
bicycle facilities. These queue calculations shall be
performed for each garage and submitted to the City
Engineer with planning/building permit for review and
approval.
Prior to issuance of a
building permit, the
applicant and
contractors shall be
responsible for
including adequate
queueing capacity
for all parking
garages.
The applicant shall
prepare queue
calculations for all
proposed parking
garages to ensure
adequate vehicle
storage capacity.
Queue calculations
shall be reviewed
and approved by
the City Traffic
Engineer prior to
issuance of a
building permit.
City Traffic
Engineer
Impact TRN-4: The
project would not result
in inadequate emergency
access. (Less than
Significant Impact
MM TRN-4.1: In accordance with City and North
County Fire Authority requirements and design
standards, all future development within the project
site shall provide even surface pavement, appropriate
signage, delineation, and other features at all
emergency access points and internal roadways to
Prior to issuance of a
building permit, the
applicant and
contractors shall be
responsible for
complying with all
Provide evidence
of approval from
the North County
Fire Authority for
all emergency
City Traffic
Engineer and
North County Fire
Authority
26 MITIGATION MONITORING AND REPORTING PROGRAM
Serramonte Del Rey Campus Redevelopment Project
Impacts Mitigation and/or Avoidance Measure(s)
Timeframe and
Responsibility for
Implementation
Method of
Compliance
Oversight of
Implementation
with Mitigation
Incorporated)
accommodate emergency vehicles. As part of the final
design and permitting process, each proposed
development shall seek and obtain approval from the
North County Fire Authority.
North County Fire
Authority
emergency access
design requirements.
access design
requirements.
Source: City of Daly City. Serramonte Del Rey Campus Redevelopment Project Final Environmental Impact Report. November 2023.
ORDINANCE NO.
AN UNCODIFIED URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DALY CITY APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
DALY CITY AND THE JEFFERSON UNION HIGH SCHOOL DISTRICT
DECLARING THE URGENCY THEREOF
THE CITY COUNCIL OF THE CITY OF DALY CITY HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Authority. This Ordinance is adopted pursuant to the provisions set forth in Government Code Section 36937(b), Government Code Sections 65864 et seq., and pursuant to other applicable law.
SECTION 2. Findings.
A. Pursuant to the police powers delegated to it by Article XI, Section 7 of the California Constitution, the City of Daly City (“City”) may make and enforce laws that promote the public health, safety and general welfare of its residents.
B. California Government Code Section 65864 et seq. authorizes the City to enter into binding, long-term agreements (“Development Agreements”) with persons or entities having legal or equitable interests in real property, for the development of the property that will provide certainty, definition, and commitment to developers as well as necessary public improvements required by development.
C. It is mutually beneficial to the City and the District to enter into a Development Agreement for the Project located at the Serramonte Del Rey campus in order to provide certainty and commitment to developers as well as to set forth the obligations of both Parties for the construction of the public improvements required by the development.
D. The Development Agreement provides for the redevelopment of campus to include up to 1,234 units of affordable and market-rate housing, up to 14,000 square feet of neighborhood-serving retail/commercial uses, and a Head Start Childcare facility. The site would be divided into six development parcels and additional street parcels with public access easements. Build-out of the site is anticipated to be over a ten-year period.
E. The Development Agreement provides deeper level of affordability than the City’s Inclusionary Housing Ordinance, with the construction of 150 affordable housing units ranging from 23% Area Median Income (“AMI”) and includes 24 units set aside for residents with Intellectual and Development Disabilities.
F. The Affordable Housing construction under the Development Agreement exceeds the City’s Inclusionary Housing Ordinance by thirty-five percent.
G. City and Developer have reached mutual agreement and desire voluntarily to enter into the Development Agreement.
2 H. On December 5,2023, the Planning Commission, held a duly noticed public hearing to consider the proposed Development Agreement and recommended that the City Council approve the Development Agreement.
I. The City Council considered the adoption of this urgency ordinance in accordance with Government Code § 36937 at a duly noticed public hearing on January 22, 2024, at which time it received and considered testimony from members of the public.
J. Government Code section 36937(b) authorizes the adoption of an urgency ordinance to protect the public health, safety and welfare and to ensure the City is in compliance with state law and certification of the Housing Element.
K. The City Council hereby determines that the proposed Development is necessary to protect the public against potential negative health, safety, and welfare impacts and to address the shortage of safe and affordable housing options for all income groups in the City.
BE IT ORDAINED by the City Council of the City of Daly City as follows:
Approval of the Development Agreement between the City and the District to develop the Project at Serramonte Del Rey campus is hereby granted, subject to the terms, time, limits, conditions and requirements of the “Development Agreement Between the City of Daly City and Jefferson Union High School District.”
SECTION 3, Urgency Declared. In accordance with the authority granted the City under Government Code section 36937(b), and pursuant to the findings stated herein, the City Council hereby finds (1) that there exists a current and immediate threat to the public health, safety, and welfare requiring this change in the City’s regulations governing loud and unruly gatherings, (2) that this ordinance is necessary for the immediate preservation of the public peace, health, and safety as set forth herein, and (3) that, therefore, this ordinance shall take effect immediately.
SECTION 4. General Plan Consistency. The Development Agreement is consistent with the General Plan of the City of Daly City.
SECTION 5. Severability. If any provision of this Ordinance is held by any court or by any Federal or State agency of competent jurisdiction, to be invalid as conflicting with any Federal or State law, rule or regulation now or hereafter in effect, or is held by such court or agency to be modified in any way in order to conform to the requirements of any such law, rule or regulation, such provision shall be considered a separate, distinct, and independent part of this Ordinance, and such holding shall not affect the validity and enforceability of all other provisions hereof. In the event that such law, rule or regulation is subsequently repealed, rescinded, amended or otherwise changed, so that the provision thereof which had previously been held invalid or modified is no longer in conflict with such law, rule or regulation, said provision shall thereupon return to full force and effect and shall thereafter be binding.
SECTION 6. Effective Date. This ordinance is an urgency ordinance enacted under California Government Code sections 36934 and 36937(b). This urgency ordinance is effective upon adoption by a four-fifths (4/5) vote of the City Council.
3 SECTION 7. Publication. This Mayor shall sign this ordinance and the City Clerk shall attest and certify to the passage and adoption of it, and within fifteen (15) days, publish once in a newspaper of general circulation circulated within the City of Daly City. The City Clerk shall post at City Hall a copy of the full text of this Ordinance in accordance with Government Code Section 65858 and 75090.
SECTION 8. Recordation of Development Agreement Within ten (10) days after the date upon which the City Manager executes the Development Agreement on behalf of the City, the City Clerk shall record the Development Agreement and this Ordinance with the County Recorder of the County of San Mateo.
The foregoing urgency ordinance was introduced and duly adopted by a four-fifths vote of the City Council of the City of Daly City at a regular meeting of the City Council, held on the day of , 2024, by the following vote:
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
CITY CLERK OF THE CITY OF DALY CITY
APPROVED:
MAYOR OF THE CITY OF DALY CITY
ORDINANCE NO.
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DALY CITY AMENDING THE DALY CITY ZONING MAP BY REZONNG – SITE TO PLANNED DEVELOPMENT ZONE (PD-31B) AND ESTABLISHING PLANNED DEVELOPMENT
STANDARDS
(APN 091-211-230)
Serramonte Del Rey
WHEREAS, state law requires each city and county to adopt a General Plan containing at least seven elements, including a housing element. The housing element must be updated every eight years and is subject to detailed requires of State law and must be reviewed by the California Department of Housing and Community Development (“HCD”).
WHEREAS, housing element law requires local governments to adequately plan to meet their existing and projected housing needs.
WHEREAS, The Housing Element process begins with HCD allocating a region's share of the statewide housing need to Councils of Governments (COG) based on California Department of Finance (DOF) population projections and regional population forecasts used in preparing regional transportation plans. In Daly City, the Association of Bay Area Governments (ABAG) serves as the regional COG in the San Francisco Bay Area. In coordination with local governments, ABAG allocates the region’s share of the statewide need to the cities and counties in the Bay Area.
WHEREAS, under state law, the Department of Housing and Community Development (“HCD”) completes an assessment of statewide housing needs. The HCD allocates the state’s anticipated housing needs on a region-by-region basis, at different levels of affordability, based on established criteria. (Government Code §§65584.01, 65588.) The HCD establishes the Regional Housing Needs Allocation (“RHNA”) to be included in the housing element of each locality.
WHEREAS, once the RHNA allocations are final; each locality is tasked with development a housing element to enact land use policies that will produce enough housing to meets its RHNA goals. (Government Code §§65583, 65583.2) WHEREAS, the housing element must provide an inventory of sites available for residential development and asses constraints and market realities that affect the likely development activity at those sites, including land use regulations. Locality must make changes to their land use rules, including rezoning land, if needed to enable housing sufficient to meet their RHNA goals. (Government Code § 65583(c), 65583.2(h)).
WHEREAS, HCD has determined that the City of Daly City’s (RHNA) allocation for the 2023-2031 planning period is 4,838 housing units, at different levels of affordability.
WHEREAS, the City of Daly City did not adopt the sixth cycle update to its housing element by the January 31, 2023 statutory deadline.
WHEREAS, on February 14, 2023, Californians for Homeownership, Inc. served the City with a lawsuit and writ of mandate to adopt the housing element.
2 WHEREAS, the City retained consultant Placeworks to assist with the development and adoption of an updated housing element and the City prepared and submitted a draft housing element to HCD in December 2023.
WHEREAS, under State law, the City’s Housing Element must provide an inventory of planned projects and site for future development that provides a realistic path to satisfy the City’s RHNA requirement, and all income levels throughout the 2023-2031 planning period.
WHEREAS, under the draft housing element includes the proposed new mixed-use project at 699 Serramonte Boulevard (the “Project”) which consists of 1,113 residential units in the Cit, including units for 150 new low/very low-income units, 73 affordable moderate-income units, and 890 above-moderate income units.
WHEREAS, in order for the City’s housing element to be certified by HCD, it is necessary for the units provided by the Project to be approved immediately in order to avoid the City being out of compliance with state law.
WHEREAS, failure to have a certified housing element would put the City at risk of losing its powers to deny housing projects in the future, including those that do not comply with the City’s zoning and General Plan (i.e., Builder’s Remedy projects).
WHEREAS, in order to comply with state law, as well as to resolve pending litigation, it is necessary that the City Council waive first reading and adopt an urgency ordinance approving the Planned Development PD 04-21-14997 for Planned Development PD-31B to be effective immediately.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DALY CITY DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Urgency Declared. In accordance with the authority granted the City under Government Code section 36937(b), and pursuant to the findings stated herein, the City Council hereby finds (1) failure to approve the adopt the Zoning Ordinance immediately will result in the City being out of compliance with the state law and in violation of the Settlement Agreement Court Order and Stipulation in the pending litigation with Californians for Homeownership; (2) that this ordinance should be adopted immediately in order for the City to meet its legally required RHNA allocations; and (3) that, therefore, this ordinance shall take effect immediately.
SECTION 2. Findings.
1. The City Council finds and determines the foregoing recitals to be true and correct and hereby incorporates them into this ordinance.
2. The City Council finds that, as conditioned, Planned Development PD 04-21-14997 for Planned Development PD31-B 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 or be injurious or detrimental to the property and improvements in the neighborhood or the general welfare of the City of Daly City.
3 SECTION 3. 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 Final Environmental Impact Report (FEIR). Pursuant to Section 21081.6 of the Public Resources Code and Section 15097 of the CEQA Guidelines, the Project requires adoption of a Mitigation and Monitoring Program (MMRP).
The City Council hereby approves the Mitigation Monitoring and Reporting Program (MMRP) for this project and hereinafter finds that the Final Environmental Impact Report and the MMRP complies and conforms with the California Environmental Quality Act and the Guidelines implementing the Act.
SECTION 4. 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-31B, 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-31B.
4 PLANNED DEVELOPMENT STANDARDS
PLANNED DEVELOPMENT ZONE PD-31B
SERRAMONTE DEL REY PRECISE PLAN
The purpose and intent of these Planned Development Standards is to replace the oning regulations contained in Planned Development Zoning District PD-31 for that portion of Planned Development PD-31 identified in the Serramonte Del Rey Precise Plan (Attachment “A”) and replace PD-31A in its entirety with revised regulations, which shall be known as Planned Development Zoning District PD-31B.
I. GENERAL
1. When these Planned Development standards conflict with other sections of the Zoning Ordinance, these standards shall prevail only to the extent of the conflict. Where these planned development standards do not provide regulations, the Zoning Ordinance1 shall apply as to the most similar land use or standard.
2. The contents of the Serramonte Del Rey Precise Plan dated September 1, 2023 (Attachment "A”) are hereby incorporated by reference. When these Planned Development standards conflict with Serramonte Del Rey Precise Plan, these standards shall prevail only to the extent of the conflict.
3. II. OBJECTIVE DEVELOPMENT STANDARDS
A. LAND USE
A.1 Permitted Uses
The following uses are permitted by right as part of Planned Development Zone PD-31:
1. RESIDENTIAL USES
Accessory dwelling units as permitted by the California Government Code Apartment buildings meeting the density prescription contained herein Townhouses2
Live work dwelling units3
1 The Zoning Ordinance provisions that apply shall be those consistent with the Development Agreement, including without limitation its covenants concerning vested rights and, notwithstanding anything provision herein, nothing in the PD-31 zoning is intended to supersede the Development Agreement.
2 Three story walk-up apartment townhouses are permitted as part of a multi-family residential of at least four stories on any parcel. Up to 15 walk-up apartment townhouses are permitted on a single parcel, not to exceed a maximum number of 40 walkup apartment townhouses for the plan area. 3 Live-work units combine residential and non-residential uses. Live-work units require business owner occupancy of the unit and that no less than 50 percent of the floor area is workspace. Live-above is permitted, where residential living space is above the
5 2. COMMERCIAL USES4,5, 6
Athletic clubs and health studios
Assembly uses, including churches, lodges, and social and meeting halls Business and trade schools
Childcare facilities, day care centers, and play gyms
Food sales on a temporary basis, including farmer’s markets and food truck sales where such uses are conducted on hardscape surfaces and do not displace any existing parking space Offices use including professional office, medical and dental office, and medical clinics Veterinarian offices
Personal service uses, including nail and hair salons, massage businesses where employees are licensed by the State of California
Restaurants that do not provide a drive-through window
Retail uses, including retail sales of beer, wine, and distilled spirits. where less than 50 percent of the store stock retail value is such products Seasonal temporary uses (e.g. Christmas store)
3. COMMUNITY SERVICE USES4
Community center
Library
4. PUBLIC UTILITY AND PUBLIC SERVICE USES7
Pumping stations
Public utility buildings
Wireless communications facilities in accordance with the regulations specified in Chapter
17.39 of the Municipal Ordinance
workspace, including a separation between the two uses, so that the commercial section can be independently leased out for limited use. Occupants of a live-work unit are required to maintain either a Daly City business license, or a Home Occupation Permit per City code requirements, and as permitted by San Mateo County, such as a microenterprise home kitchen operation.
Live-work uses are not included in retail/commercial floor area limits. 4 The uses prescribed in this list shall be permitted when proposed within a building containing residential uses that meet the density prescription identified in this ordinance. They shall not be permitted in freestanding buildings. 5 Other commercial uses not listed here can be permitted at discretion of the Planning Manager. 6 When a use is not specifically listed, it shall be assumed that when the unlisted use is similar to or less objectionable than a permitted use, such use shall be permitted in the district to the same requirements of the most similarly listed use. Otherwise, the use shall be presumed to be not allowed.
7 The uses prescribed in this list shall be permitted when proposed on parcels containing residential uses that meet the density prescription identified in this ordinance. They shall not be permitted unless proposed in conjunction with residential buildings.
6 A.2 Use Permits
The following uses are permitted with a Use Permit in PD 31 zone:
At the Community Garden at Overlook Park on Parcel B, a Use Permit is required to replace the Community Garden with park and open space uses, including active and passive recreation, landscaping and structures incidental to such use. The City shall issue a use permit if the applicant demonstrates substantial evidence the Community Garden is not being substantially utilized, is being misused by any members of the community, or has otherwise become infeasible to operate.
A.3 Prohibited Uses
The following uses are not permitted with a Use Permit in PD-31 zone:
1. RESIDENTIAL USES
Single-family attached or detached residential uses, and other similar uses, that do not meet the density prescription contained herein.
2. COMMERCIAL USES
Retailers where more than 10 percent of the retail value of the store stock are firearms, such as handguns and long guns, in an open shopping format, or firearm parts, or any business that engages in the repair of firearms and/or firearm parts.
Retail sales where 50 percent or more of the store stock retail value is products that are beer, wine, and distilled spirits.
Retailer ales where 50 percent or more of the store stock retail value is products containing tobacco, electronic cigarettes, personal vaporizers, or electronic nicotine delivery systems
Vehicle or equipment rental and vehicle storage
Car wash and detailing shops
Manufacturing uses
Restaurants and any other uses providing a drive-through window.
Service stations, including operational and physical expansions thereto.
A.4 Development Density
A.4.1 Residential
a. Maximum residential units permitted on each parcel are shown in Table 3.3 Permitted Residential Density by Parcel. The sum of the total residential units developed on all parcels A-F shall not exceed 1,235 units. Any two of parcels D, E and F may be developed with high-rise buildings up to 14 stories up to parcel maximums. There is no maximum residential density in dwelling units/acre.
7 b. Minimum residential density for any parcel shall be 45 dwelling units/acre and minimum density for the Precise Plan area overall shall be no less than 60 dwelling units per acre.
c. Minimum lot size shall be 10,000 square feet, Minimum lot width shall be 25 feet. d. For the purpose of calculating minimum residential density, land area shall include the building and covered parking area of a parcel not including park, open space, private streets, private accessways, paths and trails, setbacks and hillsides with slopes greater than three percent.
A.4.2 Commercial
a. Parcels may provide retail/commercial square footage on the ground floor up to the maximum in Table 3.3, however the total retail/commercial square footage for the overall buildout of the Plan Area is limited to 14,000 sq.ft.
Table 3.3 Permitted Density by Parcel
PARCEL NUMBER MAXIMUM
RESIDENTIAL UNITS
MAXIMUM RETAIL -
COMMERCIAL
SQUARE FOOTAGE
MINIMUM
RESIDENTIAL
DENSITY OR UNITS
Parcel A 122 0 122
Parcel B 210 6,000 sq.ft. 45 DU/AC per parcel
60 DU/AC per plan area
Parcel C 152 8,000 sq.ft.* 45 DU/AC per parcel
60 DU/AC per plan area
Parcel D 270 8,000 sq.ft. 45 DU/AC per parcel
60 DU/AC per plan area
Parcel E 330 8,000 sq.ft. 45 DU/AC per parcel
60 DU/AC per plan area
Parcel F 400 8,000 sq.ft. 45 DU/AC per parcel
60 DU/AC per plan area
*Parcel C is permitted to build up to 2,800 sq. ft of daycare center facilities within its allotment of retail/commercial square footage.
A.5 Building Height
Permitted building height for the Plan Area is shown in Figure 3.3 Building Heights. For Parcels A, B, C, D, E and F, the height limit for a podium shall be 90 feet, and for Parcels D, E and F the height limit for a tower shall be 150 feet. Buildings can be any height up to these limits, provided the project meets the minimum density standard set forth herein. Townhouses shall be constructed with a minimum three-story building height. Multi-family building shall be constructed with a predominant building height of a four-story minimum.. Stepbacks are required at 65 feet in height, with locations as shown on Figure 3.3 Building Heights. Exceptions to the height limit are:
8 A.5.1 Ornamental architectural features, such as turrets, parapets, corner towers, or other accentuating features.
A.5.2 Mechanical and roof-mounted elevator core equipment up to a maximum of 18 feet above maximum height, provided their combined coverage does not exceed 30% of building roof area. Equipment less than four feet above maximum height is exempt from the coverage calculation.
A.5.3 Architectural and landscape screening designed to conceal mechanical and roof mounted equipment.
A.5.4 Sustainability elements, such as photovoltaic cells, small-scale wind turbines suitable for residential development, storm water catchment / treatment equipment, solar water heating equipment.
A.5.5 Enclosed amenity spaces to a height of 12 feet where roof is designed as an accessible outdoor common area if coverage of enclosed amenity space is no more than 30 percent of building roof area.
A.6 Street Frontage
The Precise Plan utilizes build-to lines to define urban street and park frontages for buildings.
Figure 3.4 Street Frontages indicates the location and percentage of building walls required to be located at a build-to line. A build-to line sets the location of the primary building wall. Table 3.4
9 Location of Build-to Line for Parcels specifies the distance in feet of the build-to line from a parcel boundary. Together, these standards set the location and street wall for buildings throughout the neighborhood.
Table 3.4: Location of Build-to-Line for Parcels
PARCEL FRONTAGE BUILD-TO LINE
Parcel A Entry Drive
Access Drive West
N/A
N/A
Parcel B Entry Drive
North Drive/Access Drive North
Varies from 7.5 feet to 28 feet from north to south
43 feet
Parcel C East Drive
Access Drive South
2 feet
25 feet 9 inches
Parcel D
East Drive
Access Drive North
Access Drive South
6 feet
40 feet
40 feet
Parcel E
East Drive
West Drive
West Drive (southside)
Central Green
14 feet
10 feet
15 feet (setback measured from Public Access
Easement)
10 feet (setback measured from Public Access
Easement)
Parcel F West Drive
Access Drive West
10 feet
40 feet
Building
10 Building frontage standards are:
A.6.1 The building frontage on all parcels shall comply with the percentage of building that is required to be aligned along the build-to-line, as shown in Figure 3.4.
A.6.2 The primary wall of a building shall align with the build-to line. The primary wall can be located up to 6 feet from a build-to-line. Ground floor building frontages may be recessed from the build-to line.
A.6.3 Balconies and other projections above 16’ from ground level may encroach across the build-to line up to 6 feet, provided such projections meeting Building and Fire Codes, and do not interfere with underground infrastructure.
A.6.4 Building entry canopies, arcades, and galleries are permitted to encroach up to 15 feet across the build-to-line.
A.6.5 Stairs to podium level courtyards overlooking parks, stoops, and appropriate fencing can encroach up to 10’ on the park side of a build-to line.
A.7 Ground Floor Use
The distribution of ground floor uses is essential to creating an active pedestrian environment.
Figure 3.5 Ground Floor Use identifies the location, type and orientation of ground floor uses by parcel for the Plan Area. Five types of ground floor uses are defined as follows:
A.7.1 Mixed- Use. This requires a ground floor use of one or more of: retail, café, restaurant uses with outdoor dining, building entries, residential lobbies, commercial, or community uses that attract pedestrian activity with physical access and visibility to and from the adjacent sidewalk.
A.7.2 Active Residential Use. Ground floors shall have one or more of the following:
commercial or community uses; main building entry, residential lobby, residential amenity spaces, and individual ground floor residential unit entrances. Ground floor residential unit entrances shall be accessible units at grade or elevated ground floor units with transitional space such as a stoop or porch not greater than five feet in height above grade.
A.7.3 Residential Use. This requires ground floor residential use, such as residential units without individual unit entries accessible from the street (which can have a back porch, garden, or patio), or other residential use, and excludes parking, loading and services areas.
A.7.4 Parking, Loading and Service Use. The location for parking, loading and service uses fronting streets, yards and accessways.
A.7.5 Required Street Frontages. Where Mixed-Use, Active Residential Use, and Residential Use frontages are required:
• No more than one 24’ wide vehicle access driveway or two 12’ wide vehicle access driveways are permitted. Loading docks are not permitted at active ground floor use frontages.
11 • Blank walls are limited to a length of 30’ maximum. Walls opening to structured parking areas at the ground floor are limited to 60’ maximum.
A.8 Setbacks
The perimeter of the Plan Area shall have the following setbacks along neighboring properties or street right-of-way. These are minimum setback dimensions. For build-to lines, see Table 3.4.
12 Table 3.5: Setbacks
LOCATION SETBACK
North Perimeter Property Line 20 feet from Serramonte Boulevard East Perimeter Property Line 75 feet from Callan Boulevard South Perimeter Property Line
Parcel C: 7.5 feet
Parcel E: 10 feet from pedestrian public access easement Parcel F: 40 feet
West Perimeter Property Line 30 feet
Within a parcel Minimum separation between buildings shall comply with local and state building codes.
Side yard 6 feet up to 90 feet in height, 10 feet above 90 feet in height.
B. ARCHITECTURAL DESIGN
Buildings conforming to the architectural design standards will visually and functionally fit and contribute to the pedestrian-oriented urban realm of the Plan Area. Architectural design standards define the architectural character, form and function of buildings including building massing, façade composition, architectural details, materials, color, and sustainability features.
B.1 Architectural Character
Architectural character is the appearance of a building created by its form, function, construction technology and visual features.
B.1.1 Buildings shall be of high quality, contemporary architectural design. Contemporary architectural design is 21st century design: it reflects current trends in architecture.
Contemporary architectural design does not adhere to a particular style of set of standards; rather, it seeks to distinguish itself from the past by incorporating the latest innovations in building technology and design.
B.1.2 Buildings shall not directly reference historic architectural styles or use materials associated with specific periods or styles.
B.1.3 Building shall not use terracotta tile roofing, mansard roofs, asphalt roof tiles or shingles.
B.1.4 Ribbon windows and flat building facades shall not be permitted.
13 B.1.5 Auto-oriented ground floor building design, such as continuous, open to the street, at grade covered parking spaces and extended curb cuts, shall not be permitted.
Proportion
Proportion is the correspondence of the size of building elements to human scale, to each other and to the whole building, thus creating a balanced, harmonious composition of elements that achieve a visually coherent architectural aesthetic related to scale of human experience.
B.1.6 The size of the pedestrian, podium, and tower levels shall be in proportion to one another.
B.1.7 Visual discord due to the mixing of too many differently shaped and sized building elements, forms, colors, or textures, shall not be permitted.
B.1.8 Random, oversized building elements shall not be permitted.
B.2 Building Massing
Building massing is the three-dimensional configuration of a building’s size and shape. Vertically organized massing standards for pedestrian, podium and skyline levels are:
Pedestrian Level
B.2.1 To create a pedestrian level setback for active uses with occupied floor above, pedestrian level façade setbacks from the build-to-line shall not exceed 10 feet.
B.2.2 Where Active Uses or Required Building Entry, Lobby or Residential Amenity Space uses are required, the minimum floor-to-floor height for the ground floor shall be no less than 14 feet where there is amenity space.
Podium Level
Podium level building massing shapes the spatial definition of the public realm. Building street walls up to 90 feet are considered the podium level.
B.2.3 The first one to three levels of all buildings shall be differentiated from the upper floors to provide a visual support for the floors above. They shall have high quality materials appropriate for a pedestrian environment.
B.2.4 Stepbacks are required as shown on Figure 3.3, Building Heights. Where required, stepbacks shall be no higher than 65 feet above grade with the building set back no less than six feet from the street wall.
Tower Level
The tower, or skyline level consists of all building levels above 90 feet from grade. The skyline level contributes to the visual identity of the Plan Area.
B.2.5 Tower massing shall extend to ground level to visually anchor the tower to the ground.
B.2.6 Towers extending to ground shall be set back 10 feet minimum from the build-to line.
B.2.7 Towers shall be oriented in an east-west direction to minimize impacts to views from residences along Saint Francis Boulevard.
14 B.2.8 Each tower shall not exceed a massing envelope of 240 feet long by 150 feet wide.
B.2.9 A minimum separation of 60 feet shall be provided between any two towers or portions of skyline level building massing.
B.2.10 Towers are not permitted adjacent to the central open space.
B.3 Façade Composition
Façade composition is the organization of horizontal massing of the overall shape of a building to be relation to human scale experience.
Façade Modulation
B.3.1 Long continuous facades that extend the length of a parcel or city block shall not be permitted. Buildings over 100 feet in width shall provide vertical breaks in building massing in the form of projections and recesses to reduce the overall scale of the building.
B.3.2 Occupiable projections, such as balconies or bay windows, are permitted to project up to six feet from building face above streets and open spaces above the pedestrian level, in accordance with the City’s building and fire codes. The recess or projection shall be a minimum of 3 feet in depth..
B.3.3 The façade shall be divided into segments of 30 to 60 feet in width using one or more of the design approaches below:
o Vertical shifts
o Balconies or bay windows
o Corner expression
o Volumetric recesses (including balconies)
o Volumetric projections
o Change of Material: to achieve modulation by a change of material, the material change must occur for at least 20% of the façade and must change in plane at least 18 inches in depth from the facade.
Fenestration
Fenestration is the arrangement of the location, grouping and scale of windows and doors as part of the wall system that comprises the façade of a building.
B.3.4 Building fenestration shall incorporate recessed and/or projecting window bays, balconies, canopies, and architectural elements, contrasting surfaces, and/or a rhythm to the building’s light and shadow.
B.3.5 Avoid featureless expanses of fenestration that eliminate a sense of human scale.
15 Blank Facades
A blank façade is a building wall without any windows or doors, and is a featureless expanse with no variation in plane in terms of horizontal and vertical projections, openings or change in materials.
B.3.6 Ground floor blank facades at building walls facing public spaces or streets greater than 50 feet are not to be permitted.
B.3.7 At the ground floor, blank facades longer than 50 feet shall provide landscaping, public art or architectural relief with design interest to the satisfaction of the Planning Division.
Ground Floor Design
B.3.8 Transparent windows, storefronts, show windows, building entries, dwelling entries, and/or other active uses shall be placed along street and public open space frontages, as required in the Ground Floor Active Frontage standards.
B.3.9 Doors or sliding windows shall be used by ground-floor restaurants, eating and beverage services to enable outdoor dining along sidewalks and plazas.
Windows and Doors
The selection, design and proportion of windows and doors highly influence the appearance of a building.
Entries
B.4.1 Buildings shall have identifiable main entrances that are directly visible and accessible from public rights-of-way. An entry canopy, recessed building volume, a sculptural volume, change in scale or identifiable architectural treatments are acceptable features.
B.4.2 In mixed-use buildings, residential entries are to be differentiated from commercial entries.
B.4.3 Pedestrian seating and bicycle parking shall be located near building entrances.
Windows
B.4.4 Upper story windows shall provide architectural details, such as sills, or lintels, that recess or project from the facade.
B.4.5 Reflective glazing is not permitted.
B.4.6 Non-reflective coatings, low-emissivity glass, external shade devices and other elements shall be used.
Materials and Color
Materials and color play a powerful role in creating the visual experience of a building. For the exterior of buildings:
B.5.1 Building materials, colors and finishes shall be coordinated to create a visually harmonious color palette appropriate for a family-oriented residential neighborhood, consistent with contemporary building design.
16 B. 5.2 High quality building materials and architectural detailing, with a preference for natural materials at the ground level, shall be used where people directly experience buildings.
B.5.3 Changes in color, texture or materials shall be used to differentiate architectural elements and building massing.
B.5.4 Avoid monolithic use of color, where an entire building is one color or tone.
B.5.5 Avoid garish, or discordant use of color.
C. PARKING AND LOADING
C.1 Parking Ratios6
C.1.1 The following parking ratios are currently anticipated for Parcels B through F:
• The parking ratio for residential units is zero7 to 1.5 spaces per dwelling unit8. • The Applicant may increase parking above the foregoing ratio if supported by a parking analysis prepared by a qualified traffic engineer. 9
• By way of example, at Parcel C, if the parking ratio for the affordable housing is 0.5 parking space per dwelling unit, such is permissible because it falls within the foregoing range of parking ratios. Development of Parcel C may provide parking at a parking ratio up to 1.5 spaces/unit, To the extent parking is provided, the parking ratio will be included in the documents submitted to the City for review and approval of Parcel C.
C.1.2 Parking for pick-up and drop-off for the Head Start Program at Parcel C may be accommodated by on-street parking marked by appropriate signage, with such signage reserving parking spaces for this use during the appropriate hours.
C.1.3 Overflow parking for Parcel A may be accommodated within the Plan Area with surface parking, on-street parking, or within future parking podiums or structures on Parcels B through F. To the extent that JUHSD demonstrates that overflow parking is not needed for a particular development, it will be eliminated as a requirement in the future.
C.1.4 Residential parking can be accommodated in mechanical puzzle lifts. 6 The City finds that all parking standards that differ from the Daly City municipal code are designed and necessary to maintain the unity or livability of the Project.
7 Per AB-2097, cities can no longer impose minimum parking requirements on new developments within a half-mile of major public transit stops, for which the Serramonte Del Rey Neighborhood qualifies. The state legislation does not prevent property owners from building parking and JUHSD anticipates providing the appropriate amount of parking that balances the supply and demand generated for the proposed project, based upon JUHSD analysis. These regulations shall explicitly not require a maximum number of parking spaces for any use.
8This may vary, based on AB-2097, see C.1.3.
9 Parking ratios are based on current conditions and assumptions. The City and JUHSD acknowledge that future parking demand will be in considerable flux over the lifetime of the Development Agreement, and may increase or decrease significantly. The intent of this approach is to provide adequate parking within the Precise Plan area based on demand as determined by a parking analysis study provided at the Applicant’s discretion that will be based on objective analysis by a qualified traffic engineer demonstrating reductions to parking impacts to on-street parking in the surrounding neighborhood.
17 C.1.5 No more that 10% of residential parking can be tandem, and tandem spaces may only be assigned to users of the same dwelling unit. Tandem units may be designed as either front to rear spaces or mechanical puzzle lift spaces.
C.1.6 Parking Enforcement: JUHSD or a delegee will be responsible for enforcement of any parking rules on JUHSD property. If private parking restrictions for on-street parking are put in place, parking spaces available for public use will be designated to access publicly accessible parkland, trails, and open space during time periods of private parking restrictions.
C.1.7 One bicycle parking stall per unit shall be provided and accessible from street level, unless otherwise mandated by the building code. Bicycle parking, if in excess of one stall per unit, can be located anywhere on site.
C.2 Design of Off-Street Parking and Loading
C.2.1 Parking shall be located behind, within, or under buildings, or within separate structures.
Surface parking areas are prohibited between any building and Entry Drive, North Drive, East Drive and West Drive street frontages.
C.2.2 Parking stall and drive aisle dimensions for each parcel may comply with either approach below, or a combination of both approaches:
• The current City standards for off-street parking (including the ratio of standard spaces to compact spaces) at the time of the Applicant’s submittal for conformance review, and/or
• A “Uni-stall” standard size parking space which is based upon a stall dimension of 8’– 6” x 18’–0”, unless constrained by a wall on one or both sides, in which case the minimum stall width will be 9’–0” minimum. The drive aisle shall maintain a minimum of 24’ clear.
C.2.3 For mixed-use projects, shared parking is encouraged to allow uses with different peak hours of operation to utilize off-street parking facilities of other buildings in the Precise Plan.
C.2.4 Loading docks and service areas shall be located at the rear of the development or inside parking structures for parcels deeper than 80 feet, separate from parking areas. For smaller parcels, loading docks and service areas must be located on the side street, wherever possible. Loading zones should not disrupt the flow of traffic within a given project area.
C.2.5 Loading docks shall be located on Access Drives North, South, and West. If this is not possible, loading docks may be provided on East, North or West Drive, if enclosed within a building.
C.3 Vehicle and Bicycle Access
C.3.1 Location of vehicular parking entrances shall be as follows:
• Parcel A shall be accessed from Access Drive West.
18 • Parcel B shall be accessed from Entry Drive or Access Drive North; or any combination of these.
• Parcel C shall be accessed from Access Drive South, or any combination of these. • Parcel D shall be accessed from Access Drive North, Access Drive South; or both. • Parcel E shall be accessed from East Drive or West Drive; or both. • Parcel F shall be accessed from West Drive or Access Drive West; or both.
C.3.2 Vehicular entries shall be located a minimum of 100 feet from intersections and crosswalks except for driveways located along access ways.
C.3.3 Bicycle access shall be from street level, and not required through garage entrances.
Bicycle storage for each building shall be accessible from ground level, as close to the driveway entry as practicable, and clearly signed. Bicycles in excess of one per unit can be stored anywhere on site.
C.4 Vehicle Access Design
C.4.1 Two-way vehicular entrances designed as a single driveway shall have a maximum width of 24’.
C.4.2 Where a driveway crosses a sidewalk, clearly demarcate the sidewalk across the entire width of the driveway by using colored paving or materials.
C.4.3 On-street parking may be provided in the form of parallel parking or angled parking.
C.5 Parking Structures
Parking for mixed-use and residential buildings can be in underground, partially above-ground, or above-ground garages.
C.5.1 Above-ground garages not screened by residential uses shall include façade treatments or screening.
C.5.2 Parking garages shall be lined with ground floor active uses or residential entries where indicated per street frontage requirements, and designed with building façades that screen structural elements of the garage where not required by street frontage requirements.
C.5.3 The design of entries to parking garages shall not be more prominent on the building façade than the primary pedestrian entry.
C.5.4 Above-ground parking garages shall be designed with human scale design elements that complement and do not contrast with buildings and public spaces of the Precise Plan.
C.5.5 Parcels B, C, D, E, and F may contain above-ground parking garages.
C.5.6 Parking structure lighting shall be designed to avoid direct glare towards adjacent residential buildings.
19 C.6 Bicycle Facilities
C.6.1 Bicycle parking should be near building entrances and bicycle routes for user convenience.
C.6.2 Bicycle parking shall accommodate a range of bicycle types, including standard bicycles, E-bikes, tandem bicycles, and trailers.
C.6.3 On-street bicycle parking shall be separated from automobile parking by use of a landscaped buffer or curb.
C.6.4 Off-street bicycle parking shall be in secure locations in each building in the Precise Plan area.
D. OPEN SPACE
Open Space Requirement
Projects within the Plan Area shall provide a minimum of 150 sq. ft. of open space per dwelling unit10. The requirement for open space is to be met parcel-by-parcel through a combination of the following:
• Publicly accessible private open space, which are public spaces, such as park, trails, and open space areas, which are publicly accessible to residents, visitors, and public. Such spaces may have limited hours of availability.
• Private open space such as balconies, patios, or other open spaces for the exclusive use of an individual unit.
• Common open space such as communal open spaces or recreational areas with access limited to tenants of a residential or mixed-use development. Examples include at grade open space or plazas, podium level courtyards, rooftop terraces, and similar areas that can provide communal amenities, such as swimming pools, play areas, and cabanas.
Allocation of open space can be off-site of the specific parcel and within the Plan Area, including the areas designated by easement, such as allocation to Overlook Park, Central Green, South Point Park and the Recreation Trail at parcels B, C and D.
The Recreation Trail, Overlook Park, Central Green, and South Point Park will be counted towards satisfaction of the Open Space requirements for individual parcels as designated by the JUHSD.
The allotted Open Space will be assigned to a specific parcel at the time the parcel is submitted for conformance review. The Community Garden to be constructed as part of Overlook Park shall be constructed with the parcel B development.
The open space at the Retail Plaza at Entry Drive is allocated to Parcel B exclusively.
Land that does not meet the City’s gradient criteria for usable space (e.g., excessive slopes in the Hillside Area) will not be counted toward satisfaction of open space required for any parcel. 10Per Daly City zoning code section 17.38.020 requirement for 150 sq. ft. of usable open space.
20 D.1 Common Open Space
D.1.1 Buildings shall provide spatial enclosure for common open spaces to create privacy, limit views from streets, and wind protection.
D.1.2 Common open space shall be visible and accessible to and from building amenity areas.
D.2 Private Open Space
D.2.1 Private open spaces shall be directly accessible from the unit and large enough to permit outdoor activities with a minimum of five feet width and depth.
D.2.2 Private open space shall be constructed with high quality durable materials.
D.2.3 Fencing or screening between ground floor private open spaces shall permit visibility in and out of the open space for the top 18 inches.
E. LANDSCAPE DESIGN
E.1 Hillside Woodlands
To care for the hillside wooded areas to reduce fire hazards, enhance existing vegetation and promote urban forestry, the Precise Plan requires:
E.1.1 A tree succession operations plan for aging mature trees prepared by a qualified arborist will guide the replacement of existing trees over time due to age or fire vulnerability.
E.1.2 Removed trees shall be replaced with a diverse plant ecology governed by the area’s unique coastal/Mediterranean climate including evergreen and deciduous species as recommended by an arborist.
E.1.3 The project’s wooded hillside perimeter to the west and east shall be cleaned of surface and ladder fuels. Replacement trees shall include evergreen and deciduous species as described in the Project Tree List.
E.2 Planting
E.2.1 Plant material shall be comprised of at least 75% drought tolerant plant species. Planting plans shall comply with Daly City’s Water Conservation in Landscaping regulations and the Water Use Classification of Landscape Species (WUCOLS).
E.2.2 Where turf grass is used, low water use hybrids and/ or no mow varieties shall be used. A variety of shrubs and ground covers should be used to create layering around building foundations, keeping shrubs at or below windowsills. Plant selections should be such that sightlines remain open and clear, and places of concealment are not fostered. Plants should be used to screen above-ground utilities. Along streets and sidewalks, plants shall be used in planters within the right of way to create spatial separation between sidewalk and vehicular traffic.
E.2.3 Pollinator plants that attract native birds and insects should be used strategically in locations well-suited to attract and sustain native populations. Use of fruiting plant material
21 should occur away from hardscape areas to prevent staining of pavements and to minimize maintenance.
E.3 Planters
E.3.1 Landscape planters within any private street shall be a minimum of four feet wide.
E.3.2 Tree wells shall be 4’x 4’ minimum. Tree grates shall be cast iron with a baked oil finish in plaza areas and be an ADA accessible design consistent with the neighborhood.
E.3.3 Where landscape planting is provided under trees, planters shall be 4’ W x 6’ L minimum.
E.3.4 Planted medians shall provide at least a five feet wide planting area in addition to a minimum 12 inches wide maintenance band at the back of curb consisting of concrete, pavers, or fixed cobbles.
E.4 Site Irrigation
E.4.1 Site Irrigation systems shall comply with all local and state requirements as of time of project approval, and shall meet the City’s water efficiency regulations.
E.4.2 All irrigation equipment shall be controlled with weather-based controllers located in easily accessible, locked stainless steel pedestal boxes. The equipment shall include flow sensors and automatic shut off valve capability with a wi-fi based alarm system to alert maintenance controller team(s).
E.4.3 Irrigation systems shall provide quick couplers or hose bibbs in lockable wall boxes in all common use areas.
E.5 Soil & Drainage
E.5.1 On-grade planting areas shall be comprised of amended topsoil import or amended native soil as required, based on a soil analysis report and soil laboratory recommendations.
Excavation, clearing and grubbing, or soil preparation shall occur within established tree protection zones as per the advice of a landscape architect or arborist.
E.5.2 Planting areas shall by dressed with a 3-inch layer of mulch.
E.5.3 Cast iron or similar drain grates shall be used in turf and pedestrian circulation areas.
Landscape planters shall be drained with cast iron, decorative metal, plastic or similar flat or atrium-style grates and factory-fabricated bodies.
E.6 Site Furnishings
E.6.1 Site furnishings shall be comprised of materials designed to withstand outdoor conditions.
E.6.2 Short term bicycle parking shall be dispersed throughout the Plan Area, as required to meet project requirements, city standards, and bicycle parking standards. Bicycle racks shall be galvanized, vinyl covered, or stainless steel, and meet all City requirements. In ground- or surface-mounted attachment is acceptable.
E.6.3 Seating shall be provided at retail, parks, open spaces, adjacent to the trails, and in front of primary building lobbies. Benches shall be made of metal and/or wood. Where wood is
22 used, it should be thermally modified, or a suitable hardwood built to withstand weather and heavy public usage.
E.6.4 Café tables with chairs shall be movable with a variety of sizes for public use in gathering spaces and shall be constructed of materials suitable for outdoor public usage.
E.6.5 At least one drinking fountain shall be provided at each of the following: Overlook Park, Central Green, and the Recreation Trail. Dog bowl and water bottle filling attachments are recommended but not required.
E.6.6 Within Overlook Park, Applicant shall provide play equipment for children ages two through twelve. Play areas will be designated for children between the ages of two to five and for ages five to twelve years old.
Any community garden shall provide raised beds and a regular water service connection with water spigot at 100-foot intervals.
E.7 Trees
E.7.1 Trees within the street right of way, in plazas, and high-visibility open space areas shall be provided in 24-inch box size or larger and be secured with at least three tree stakes or below-grade root ball guying systems appropriate for the windy conditions found in Daly City. Above-ground cabling guying shall not be used in public spaces. Trees shall be pruned up to 6 feet to 8 feet clear off the ground or as required by ADA or City guidelines.
E.7.2 Individual developments within the Plan Area shall use trees that are provided in minimum 15-gallon size or larger for no greater than 50 percent of the trees planted. All other trees shall be box-specimen.
E.7.3 Entries at the north and south shall have unique tree plantings, and the design of these planting shall be approved by the Planning Division.
E.7.4 Seasonal interest shall be created with deciduous trees providing spring flowers and fall color.
E.7.5 Driveway entries, curb cuts, and curb ramps shall be constructed of concrete and shall match sidewalks to provide a consistent look and feel for hardscape along vehicular and pedestrian circulation routes.
E.7.6 Enhanced finishes and/or striping shall be used at the master plan entry, at all driveway entries, and at all crosswalks.
E.8 Trail and Paths
E.8.1 Trail surfaces shall be asphalt or concrete, provide for adequate clearances along the edges and overhead, and be suitable for their intended use. Refer to trail sections in Chapter 5 for trail dimensions.
E.8.2 Signage, ornamental landscaping, and trees shall be provided along the trail system to enhance user experience.
23 E.9 Stormwater Management
E.9.1 Project submittals shall comply with the Precise Plan’s phased, performance-based approach to stormwater management, consistent with the San Mateo County Municipal Regional Stormwater Permit, and Daly City’s municipal code pertaining to stormwater management. Projects shall minimize the amount of paved area. Where feasible, paved areas shall include “green” stormwater collection and treatment, and employ Low Impact Development (LID) features that minimize surface water runoff. LID features may include bioretention systems, swales, green roofs, and permeable pavers.
E.9.2 Stormwater retention features that minimize runoff into streets, parking lots, landscaped areas, and open spaces shall be incorporated, where feasible. Stormwater retention features include drainage swales and rain gardens.
E.10 Open Space Landscaping Standards
E.10.1 Landscaping shall define the edges of paths, plazas, and seating areas.
E.10.2 Trees shall be planted to shade walkways, gathering areas, parking, and other larger expanses of pavement.
E.10.3 Landscaping in setback areas shall create a transition zone between the sidewalk and streetlevel residential units and entries.
E.10.4 Landscaped areas shall be regularly maintained to keep them aesthetically pleasing, and to remove dead and dying plants.
E.10.5 Gateway or entry points shall be emphasized with distinctive trees and plants.
E.10.6 Existing trees, to the extent feasible, and healthy, are to be preserved and integrated into site designs.
E.10.7 To reduce water usage, all development shall employ water-efficient irrigation techniques, including micro–irrigation, drip systems, and weather-based irrigation controllers, instead of conventional sprinklers.
E.10.8 Native, drought-tolerant, or well-adapted tree and plant species shall be used.
E.10.9 Seasonal and year-round flowering shrubs and trees shall be located where they can be most appreciated by site users and passersby, such as adjacent to walks and open space areas, or as frames for building entrances and stairs.
E.10.10 All landscaped areas shall be designed by a landscape professional to the satisfaction of the Planning Division.
F. SIGNAGE
Where this section does not set standards, the Applicant and City staff shall use the Daly City Municipal Code. City review and approval of wayfinding signage shall be part of Conformance Review Where there is a conflict with the Daly City sign ordinance, this Precise Plan governs.
24 F.1 Signage Standards
F.1.1 Signs within the Plan Area shall comply with all regulations stated in the City’s Zoning Ordinance (Chapter 17.32) unless otherwise specified in the Precise Plan.
F.1.2 Signs shall be made of high-quality, durable, and environmentally friendly materials.
F.1.3 Multi-tenant development anchor-identity signs should be complementary to any Plan Area signage or established by the Master Developer. Individual property owners will be allowed to use letter styles, but the overall sign should have one consistent material for letters and background.
F.2 Monument/Gateway Signage
F.2.1 The Precise Plan shall include up to two freestanding monument/gateway signs: at the Serramonte Boulevard and Entry Drive intersection and at the West Drive and Campus Drive intersection, which form major entry points to the Plan Area.
F.2.2 If provided, a single gateway or monument sign at the southern portion of the Plan Area near the round‐about shall be located at Parcel E and be less than 4 feet high. The sign shall not obstruct sightlines for drivers to the extent safety is compromised.
F.2.3 If provided, a single gateway or monument sign at the northern portion of the Plan Area near the Retail Plaza shall be located at Parcel B. It may either be less than 4 feet high and no longer than 20 feet, or may be a tower structure‐‐either integrated with the Parcel B building corner or separate from the building. If an integrated tower structure, the structure shall not project more than five feet beyond the face of the building in any direction. If an independent tower structure, it may not be greater than 32 feet in height and not more than 64 sq. ft. in area. The maximum face area of signage of the tower structure shall not exceed 200 sq. ft.
F.2.4 Gateway or monument signs shall not have internal illumination but will be lighted with externally mounted luminaires.
F.3 Building Signage
F.3.1 The physical design of signage shall conform to the architectural detailing of the associated building and shall be in proportion to the surface onto which such signage is mounted, as determined by the Planning Division.
F.3.2 Signage shall not obstruct architectural details such as recesses, structural bays, or windows.
F.3.3 Externally illuminated or halo lit signsshall be required. The use of internally lighted or box type signs are prohibited. Internally lighted signs measuring 2 sq. ft. or less are allowed.
F.3.4 No more than three (3) building residential signs shall be provided per building. These shall be limited to address number, street name, and/or a building name if desired. If only one is provided, it shall be placed close to the main entry to the building. If signage is provided at more than one location, a minimum of one shall be placed close to the main
25 entry. The second and third can be located such that the top of the signage is not greater than 25’ feet from grade. The aggregate sign area shall not exceed 150 sq. ft.
F.3.5 Durable, vandal-resistant materials and finishes shall be utilized for address signs.
F.3.6 Conduit, tubing, or raceways shall be concealed. Transformers and other equipment for the signage shall also be concealed.
F.4 Storefront Signage
F.4.1 Signage for multi‐tenant retail buildings shall be developed to minimize potential visual conflict, clutter, and competition.
F.4.2 Maximum size for sign area per retail tenant is 30 sq. ft. on the face of a building. A second sign per retail tenant, not exceeding 20 sq. ft., may be hung as either a banner or a rigid sign perpendicular to the building face. Either of these two sign types may be attached to a building’s architectural canopy.
F.4.3 For ground floor retail uses, hanging or projecting signs should be located near the front entry of a store. Coordinate with the overall design of the street wall. Hanging or projecting signs shall meet Americans with Disabilities Act (ADA) clearance requirements.
F.4.4 Ancillary retail space or leasing offices shall be signed in a manner consistent with the storefront signage standards in this section.
F.5 Prohibited Signs
Prohibited signs include:
F.5.1. Signs which rotate, move mechanically or by the wind, flash, blink or reflect light by means of a polished or mirrored surface.
F.5.2 Open flames, balloons, loudspeakers used to call attention to a product, service, or a property.
F.5.3 Signs which identify or advertise a product or service not available on the premises.
F.5.4 Externally illuminated signs where the source of light is directly visible or cause glare or reflections that are a traffic hazard or nuisance.
F.5.5 Signs which emit or reflect light by means of direct fluorescence, phosphorescence, or “day‐glow” colors.
F.5.6 Any sign illumination which exhibits undue glare.
F.5.7 Any sign placed or displayed on vehicles parked primarily for the purpose of displaying the sign. (This does not apply to food trucks that are parked while they provide service.) F.5.8 Internally lit signs where the entire face of the sign is illuminated, rather than just the graphics.
F.5.9 Advertising bench signs, unless required by SamTrans at Serramonte Blvd.
F.5.10 Off‐site directional signs.
26 F.5.11 Roof signs.
F.5.12 Outdoor advertising billboard signs.
F.5.13 Abandoned signs.
G. LIGHTING
See Figure 3.8 Lighting Diagram. A uniform lighting approach will contribute to overall community aesthetic and ensure safety for walkways, bikeways, and roadways11.
G.1 General Lighting Standards
G.1.1 Lighting shall incorporate dark sky principles by shielding fixtures to prevent light from emitting above a 90-degree angle. Any lighting source located on parking or rooftop parking shall be a full cutoff type.
G.1.2 Light shall be designed to minimize glare and light trespass into neighboring buildings and properties.
G.1.3 High-efficiency technology such as LED lighting with advanced controls shall be utilized to minimize energy consumption.
G.1.4 The use of energy–efficient, long-life LEDs with light color rendered as a warm white (maximum K 3000) is encouraged.
G.2 Street Lighting
G.2.1 Provide streetlights in general locations shown on Figure 3.8, Lighting Diagram for Locations.
G.2.2 Streetlights shall comply with Daly City standards.
G.3 Pedestrian Lighting
G.3.1 Provide pedestrian lighting in general locations shown on Figure 3.8, Lighting Diagram.
Additional locations for pedestrian lighting are along pedestrian pathways in open spaces and in surface parking areas.
G.3.2 Pedestrian lighting shall not be taller than 25 feet in height.
G.3.3 Pedestrian lighting may be integrated with streetlighting by providing additional luminaires facing the sidewalk on streetlight poles, installed at a lower height than street luminaries.
G.3.4 Lighting in surface parking lots and service areas shall be directed away from surrounding buildings and properties using fixtures that minimize light trespass and glare.
G.4 Lower Illumination Pedestrian Lighting
G.4.1 Commercial grade bollards, step lights, and path lights shall be used as appropriate along pedestrian walkways and plazas.
11For Parcel A, no additional lighting is required to what is installed.
27 G.4.2 Nighttime lighting for recreational uses in parks and public spaces should be unobtrusive and control glare.
G.5 Building Lights
G.5.1 Lighting should be integrated into the design of buildings and building architecture to highlight significant architectural features such as signs, entrances, walkways, or storefront displays.
G.5.2 Building facades may be illuminated using shielded fixtures to highlight architectural features.
H.1 Definitions
Active Ground Floor Use: Active ground floor uses are land uses that generate pedestrian activity at the interior and exterior of buildings at the ground floor at streets and public spaces. Active uses can be retail, commercial, educational, artistic, institutional or community uses such as a community room or daycare.
Amenity Space: Residential amenity space may include co-working space, health, and wellness, grab and go snack items, pet amenities and other shared or community uses that can be visible to the street.
Building Envelope: The building envelope defines the spatial area within which permitted density can be configured. The Precise Plan defines the allowable building envelope horizontally by block size and required street frontage and vertically by building height, massing, and guidance for pedestrian, podium, and skyline levels of architectural design.
Build-to Line: The build-to line for a parcel is the line where the façade of the building, or the podium street wall, is located, parallel to and measured perpendicular from the property line.
Corner Expression: Corner expression is accentuating building massing at the joining of two facades with a projected, recessed, or vertical change in building massing.
Face of Curb: The face of curb is the vertical sloping surface of the side of a roadway curb, not including bulb-outs, curb extensions, curb-cuts, or pull-outs for drop off and loading zones.
Height: The height for a building is calculated from the building’s Average Finished Grade to the top of the parapet at the building’s primary roof. The Average Finished Grade is the average of the high and low elevations at the building’s exterior adjacent to North Drive, West Drive, East Drive, or Entry Drive, or the three access drives leading from East Drive or West Drive.
Massing: Massing is the three-dimensional bulk of a building in terms of general shape, form, height, width, and depth.
Pedestrian Level: Pedestrian level is the design of the ground floor public experience shaped by active ground floor use, diversity of use, and street frontage design.
Podium Level: The podium level is the portion of the building above the ground floor and below the skyline level that provides spatial definition to the adjacent street or public space.
28 Primary Building Wall: The primary building wall is the building façade. Window or wall recesses or projections are not counted as primary building wall or façade of the building.
Privately-Owned, Public Open Space: Privately-owned outdoor space that functions as public space but may have limited hours of availability.
Property Line locations: Property line locations to measure Build-to lines are measured from the face-of-curb for publicly accessible private streets, a designated property line along an access drive, or back of sidewalk along public streets.
Public Realm: The public realm is exterior urban space shaped by buildings comprised of publicly accessible streets, parks, open spaces, pathways, and civic facilities.
Street Wall: The street wall is the continuous façade of a building that establishes the edge of the public realm for a street or public space.
Skyline Level: The Skyline level is the uppermost occupiable portion of the building above the podium level. The Skyline level contributes to the overall urban form and skyline of the plan area.
Setback: The required minimum distance for the placement of a building measured from a property line, face of curb or another feature.
Streetscape: The visual character of a street comprised of the travel way, bike facilities, sidewalk, site access, landscape, paving, street furniture, building frontage, open space, views, and other perceptible urban features.
Stepback: Stepback is a horizontal recess applied to the upper floor or floors of a building to reduce shadow area on the adjacent street or open space.
Transparency: Pedestrian level building design that creates visibility and permeability between the building and the adjacent sidewalk or public space.
Vertical Shift: Vertical shift is variation in the roof line or vertical massing of the building or building elements.
III. IMPLEMENTATION
I. MAINTENANCE
Subject to the provisions of any applicable State law, the following shall apply:
I.1.1 Master Association. Prior to the issuance of any building permit to construct any marketrate residential unit in the project, the Jefferson Union High School District (District) shall formand perpetually maintain a Master Association for the Serramonte Del Rey Neighborhood (“Master Association”). The Master Association shall be self-governing and govern common areas for the term of the Precise Plan uses are in operation. The purpose of the Master Association, among other responsibilities, shall be to maintain all common areas within the Precise Plan area including streets, parks, and other areas not maintained by individual parcel developers that are not dedicated or otherwise conveyed to a public agency in a neat, safe and healthful condition, including the ongoing removal of litter
29 throughout. Until the Master Association is formed, the District is responsible for the foregoing.
I.1.2 Maintenance Plan. A maintenance plan for roadway, park, and utility maintenance shall be submitted by the applicant and approved by the City prior to the issuance of any building permit to implement the project. A litter control maintenance plan shall be submitted that includes provision for on-goingletter and garbage control. The maintenance plan shall be incorporated into the CC&R’s in connection with the creation of the Master Association at the discretion of the District and recorded at such time.
Minimum Requirements for Trash and Litter Disposal shall be as follows:
• All trash shall be confined in approved receptacles and enclosures. Any building permit application submitted to the City for review shall be accompanied by a letter from the trash hauler indicating that the proposed trash receptacles provided in the building for which the permit is sought to meet the hauler’s requirements for quantity, size, and accessibility.
• 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.
• All trash and storage enclosures shall be properly maintained in accordance with approved plans.
• 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.
I.1.3 Maintenance and Repair - Master Association. The Master Association shall develop a maintenance plan (including a street sweeping, street surface repair and replacement, and garbage disposal plan approved by the Planning Division and the Department sof Public Works) for the upkeep of common areas, private streets, and infrastructure. The Master Association will be responsible for the maintenance, litter removal and repairs of publicly accessible common areas that are not part of individual parcel development, including streets, sidewalks, bicycle lanes, parks, open spaces, trails and paths, utilities and improvements in streets including temporary and permanent storm water features, street lighting, landscaping, planter strips, street furniture and the fixtures, furniture and equipment located in the parks.
I.1.4 Maintenance and Repair - Parcel Specific Responsibilities. Parcel Developers or, if the property interests of such Developers are conveyed, their successors in interest, are responsible the maintenance, replacement, repairs and litter removal for on-site improvements on their respective parcels, including exterior equipment, fixtures, walls, roofs, windows, doors and other architectural, landscaping and publicly accessible
30 common areas on private parcels in a clean, sanitary and attractive condition. The Developer of a parcel shall be responsible for the maintenance, replacement, repairs and cleaning of improvements within exclusive easements on their parcel.
I.1.5 Budget. The Master Association shall prepare an annual budget to fund the costs incurred in maintaining the publicly accessible common facilities. The Master Association shall undertake an inventory of publicly accessible common area improvements requiring maintenance, litter removal and repairs, such that each phase of development is adequately budgeted for maintenance and operations of improvements. Landscape maintenance budget shall include consideration of level of maintenance and operation expenses commensurate to the anticipated level of use of park and recreational facilities. The Master Association may employ or contract out to perform maintenance, litter removal and repairs.
J. PHASING
J.1 Timing. The sequence and timeline of development will ultimately depend on market conditions. The pace of development will fluctuate with the regional economy, capital expectations and availability, costs for development and the conditions of the Daly City housing market.
J.2 Public Improvements. For each phase of development there are corresponding street, park, open space improvements and utilities necessary to support development of individual parcels per Table 7.1 and as shown in Figure 7.1.
31 Table 7.1: Parcel Phasing and Public Improvements
PHASE PARCEL STREETS PARKS AND
OPEN SPACE
1 B
• Entry Drive
• North Drive
• North Access Way
• Callan Boulevard improvements within
parcel
• Entry Drive Plaza
• Overlook Park
• Eastside Recreation Trail
within parcel
C
• South Access Way
• Callan Boulevard improvements within
parcel
• If Parcel C before Parcel D: East Drive
from Campus Drive to South Access
Way
• Eastside Recreation Trail
within parcel
2 D
• East Drive from North Access Way to
South Access Way
• North Access Way
• South Access Way
• Callan Boulevard improvements within
parcel
• Eastside Recreation Trail
within parcel
E
• West Drive from North Drive to Campus
Drive
• Central Green
• South Point Park
3 F
• West Drive from North Drive to Campus
Drive • Westside Walking Trail
Notes:
1. If Parcel E is built before Parcels C and D, then East Drive and North Drive will be constructed including the roundabout.
2. If Parcel F is built before Parcels C. D and E, then West Drive and the roundabout will be constructed.
3. Serramonte Boulevard and Highway 1 ramp intersection improvements will be constructed with the first market rate development per the Development Agreement.
4. Bike lanes on Campus Drive to Hickey Blvd will be constructed concurrent with the roundabout.
5. See Development Agreement for timing of additional off-site improvements.
6. A Storm Drain Memo shall be submitted for conformance review for each phase in accordance with the Master Plan Drainage Memo. At Building Permit submittal: a Hydrology & Hydraulics report based on final design will be provided with the Building Permit submittal in accordance with the Master Plan Drainage Memo.
32 7. The first parcel of Parcel B and Parcel D to develop is required to build North Access Way from their building to the curb across the access way, so there is a two-way paved travel way.
The subsequent parcel is required to complete the sidewalk, landscaping and storm water treatment facilities between their building and the curb on their side of the North Access Way.
8. The first parcel of Parcel C and Parcel D to develop is required to build South Access Way from their building to the curb across the access way, so there is a two-way paved travel way.
The subsequent parcel is required to complete the sidewalk, landscaping and storm water treatment facilities between their building and the curb on their side of the South Access Way.
9. The Head Start facility may be located on other parcels.
10. See the Tentative Map for utility improvements associated with each parcel. On and off parcel utility improvements in the Precise Plan Area shall be sized to support buildout of the Precise Plan.
11. The chronology of phasing in Table 7.1 is not intended to be binding, and the number of phases, number of units, and timeline for the project build-out will ultimately depend on market conditions. The rate of the buildout of housing will fluctuate with the regional economy, capital expectations and availability, costs for development and the conditions of the Daly City housing market. For the purposes of assessing consistency with the Table 7.1 for conformance review, a reviewer shall assess whether development of a listed parcel includes the streets, park, open space utilities needed to support the development of the parcel and future phases of development.
K. CONFORMANCE REVIEW
K.1.1 Purpose. Conformance Review is the Precise Plan’s ministerial, streamlined process to approve proposed projects “as-of-right” that demonstrate Plan Consistency with the Precise Plan and Entitlement Documents and Compliance with the Objective Development Standards of the Precise Plan, as defined below. Design Review is not required for projects ministerially approved “as-of-right.”
K.1.2 Plan Consistency. Plan Consistency is the review of project submittal documents for conformance to:
1. Serramonte Del Rey Precise Plan (Attachment “A”) requirements for the scope and phasing of park, open space, street, accessway, storm water, water, wastewater, utility, emergency access, and on and off-site transportation improvements associated with each parcel per Precise Plan Figure 7.1 Phasing, Table 7.1 Development Phasing and Appendix C: Civil Engineering Exhibits, and
2. Entitlement Document requirements of the Development Agreement, Tentative Map, Conditions of Approval, Inclusionary Housing Agreement and the Mitigation and Monitoring program.
K.1.3 Compliance with Objective Development Standards ("Compliance"). Compliance with objective development standards is the review of project submittal documents for conformance with the Precise Plan’s Objective Development Standards as listed in Section II above.
33 K.1.4 Variance from Numerical Standards and Precise Plan.
Deviations from the numerical standards in Section II above may be permitted by up to 20 percent for any parcel, upon approval by the Planning Division. Deviations from the minimum and maximum densities prescribed in Table 3.3, the requisite amount of private open space (150 square feet per dwelling unit), and the quantity and general location of common open space shall not be permitted.
Modification or reconfiguation of the Precise Plan pattern of streets and blocks, shape of open space areas, site layout, orientation or location of buildings, architectural or landscape elements may be permitted provided all other Objective Design Standard can be met Deviations from the approved roadway configurations, including lane provision and width, shall not be permitted unless approved by the Department of Public Works.K.1.5 K.1.5 Submittal Requirements. Submittal requirements shall include documentation as set forth in the 2023 Daly City Municipal Code Section 17.28.030 C. 2. (a) – (f), Procedure for Application for Planned Development of the Daly City Zoning Ordinance, and shall include a completed Conformance Review Check List, as attached to the Precise Plan as Appendix A, and any additional information requested by the Planning Manager.
Submittal requirements for minor modifications to approved and constructed projects to be per Planning Manager request.
K.1.6 Review Process and Timing.
1. Pre-submittal conference. Upon request of the Applicant, the Planning Manager shall convene a pre-submittal conference to review the scope of the project, submittal requirements, conformance review process, timeline, and staff availability. It is an opportunity for the Applicant and the design team to ask technical questions to prepare a submittal. The Planning Manager, City Engineer, and Development Coordinating Committee members shall attend upon request.
2. Submittal. The Applicant shall submit documentation as described under "Submittal Requirements" above.
3. Conformance Review. The Planning Manager, designated staff or third-party consultants shall conduct the Conformance Review per the responsibilities described in Table 7.2. The Planning Manager shall coordinate reviewer comments and provide them to the Applicant no later than 45 business days after filing a project submittal.12
4. Determination. The Planning Manager shall review the project submittal and reviewer comments to determine whether the submittal is plan consistent and standards compliant and therefore approved as-of-right. 12 Notwithstanding anything in this chapter, to the extent the Permit Streamlining Act or other State Law applies for shorter deadlines, the regulations in such laws shall govern.
34 If the Planning Manager deems a project application inconsistent with the Precise Plan or Entitlement Documents, and/or non-compliant with the Objective Development Standards in Section II, prior to a decision to deny approval of the proposed project, the Planning Manager shall provide the Applicant with written documentation as to what elements of the submittal are not in conformance.13
The Applicant can revise the submittal and resubmit. The Planning Manager, upon receipt of the re-submittal, shall make their determination. Total City Review Time from submittal to determination shall not exceed 90 business days.14
If the City fails to complete Conformance Review per the above timing requirements, the submittal shall be deemed to be conforming with the Precise Plan and Entitlement Documents, planning review shall be complete, and requested permits shall be issued.
5. Notification of Determination. The Planning Manager shall communicate in writing to the Applicant the Planning Manager's determination.
6. Appeal. A Conformance Review determination may be appealed within 20 business days to the City Manager by the Applicant. City Manager shall make a determination within 20 business days of receipt of the appeal. The City Manager’s decision on appeal shall be final and not appealable.
K.1.7 Review Criteria. The following criteria shall guide the determination of plan consistency and standards compliance:
• All Figures in the Precise Plan illustrate the general arrangement and relationships among parcels, buildings, streets, accessways, parks and open spaces, and exact compliance or conformance is not required so long as other objective criteria are met. • The final configuration of parcels, buildings, streets, accessways, parks and open spaces are subject to refinement, and exact compliance or conformance is not required so long as other objective criteria are met.
• Consistency and conformance with the Precise Plan shall be construed rationally and shall accommodate unforeseen solutions or innovation that can occur over the extended build-out of the Precise Plan. Notwithstanding the above, no deviations are permitted to minimum residential densities and minimum open space area requirements. 13 This process is separate and independent from the Planning Manager's coordination and provision of any reviewer comments on the Applicant's initial project submittal, as required under the "Review Process and Timing" section of this Chapter.
14 For this paragraph, "City Review Time" shall mean the time, measured in business days, taken by the City to review a project submittal and provide comments to the applicant or render a Conformance Review decision. City Review Time does not include the Applicant’s time from the date of receiving comments to the date of resubmitting a revised project submittal responsive to comments.
35 K.1.8 Standards Interpretation. The nature of the Objective Standards is such that consistency determinations are ministerial, without the exercise of discretion. Accordingly, it is not anticipated there will be cause for interpretation of these standards by the City. In the unforeseen event that interpretation is required, the Planning Manager shall make any interpretation of the Precise Plan’s development standards required to evaluate the proposed project and shall inform the reviewer of any interpretations as needed. The Planning Manager shall include any interpretations as part of its written determination of consistency with the objective development standards of the Precise Plan.
K.1.9 Staffing. The Planning Manager shall check on staff availability prior to the pre-submittal conference to meet the conformance review timeline. If staffing is not available, the City can designate a third-party consultant to be paid for by Applicant. Consultants shall have professional planning experience on similar projects. The Applicant shall pay all reasonable staff coordination and third-party consultant costs.
K.2.0 Staff or Consultant Review Responsibilities. Staff or consultant review responsibilities are per Table 7.2, Reviewer Responsibilities.
• The Planning Manager shall provide oversight and make all Conformance Review determinations.
• Staff of consultant shall compare the project submittal, Conformance Check List, and applicable plan elements, standards and requirements of the Precise Plan and the Entitlement Documents.
• Reviewers are to provide written comments on plan consistency to the Planning Manager. In the case where the reviewer concludes inconsistency with plan elements, or non-compliance to objective development standards, the reviewer shall identify specific objective standards to be addressed to achieve a consistency. • If requested by the Applicant, the Planning Manager and any reviewers shall meet with the Applicant to discuss steps to resolve any comments.
The Planning Manager shall consider the recommendations of the reviewers, and shall make the final determination for approval, approval with conditions, or denial of the submittal based on objective criteria as set forth herein.
36 Table 7.2: Reviewer Responsibilities
RESPONSIBILITY REVIEWER
PLAN
CONSISTENCY
STANDARDS
COMPLIANCE
PLANNING
MANAGER
STAFF OR
THIRD-PARTY
CONSULTANT
(IF RETAINED)
CITY
ENGINEER
DEVELOPMENT
COORDINATING
COMMITTEE15
HOUSING AND
COMMUNITY
DEVELOPMENT
MANAGER
Phasing X X
Parks X X
Streets X X X
Utilities, off-site
transportation
Improvements
X X X
Development
Agreement X
Final Map X
MMRP X X X
Inclusionary
Housing
Agreement
X
Tentative Map and
Conditions of
Approval
X X
Land use and urban
design X X
New Buildings X X
Parks X X
Streetscapes X X
Exceptional
Projects16 X X X X X
Minor
modifications to
existing buildings
& facilities
X X X
15 Development Coordinating Committee includes Planning Division, Building Division, Engineering Division, Department of Water and Wastewater Resources, North County Fire Authority and other committee members as deemed appropriate by the Planning Manager.
16 For exceptional projects, Planning Manager to determine at pre-application conference what type of review and staffing is required.
37 IV. PLAN AMENDMENTS
Amending the Precise Plan shall follow the requirements of the Daly City Municipal Code section
17.28.020 (I) as of the date of approval of the Precise Plan. This Municipal Code section is included as a part of Supporting Documents provided with this Precise Plan.
V. SUBDIVISIONS
Subdivision of parcels shall conform to the requirements of the Precise Plan and the Daly City Municipal Code Title 16 Subdivisions.
VI. INCLUSIONARY HOUSING
The following requirements are subject to the terms and exceptions provided in the affordable housing agreement:
A. Construction of inclusionary units is required within the Planned Development Zone PD31 area pursuant to an Affordable Housing Plan.
B. This Precise Plan authorizes flexibility in timing of construction and geographic distribution of inclusionary units throughout the PD-31 area to allow for a greater number of inclusionary units and deeper level of affordability than the minimum levels required by the City Ordinance.
C. The Precise Plan requires, for Parcels B-F, not less than 20 percent of the total number of total residential units completed at final build-out to be affordable housing, consisting of
13.5% low-income units at no greater than 60% AMI and 6.5% moderate income units at no greater than 120% AMI. One market rate residential building can be constructed prior to construction of affordable units. 150 low-income affordable units are planned to be located on Parcel C. The subsequent phases after the first market rate building and the first residential structure built on Parcel C have been constructed can be phased and include unit counts proposed by the developer in any way such that the overall percentage of affordable units does not drop below 20% of all constructed residential units at Parcels B-F at any time consisting of 13.5% low-income units and 6.5% moderate income units.
VII. CALIFORNIA ENVIRONMENTAL QUALITY ACT
All proposals for development shall be subject to the mitigation measures specified in the Environmental Impact Report (EIR) certified by the City Council as part of this Precise Plan.
VIII. ENTITLEMENT DOCUMENTS
The term "Entitlement Documents" shall refer to all the below except the Precise Plan.
38 • General Plan Amendment. By Resolution No. [], City Council approved text and map amendments to the General Plan to enable high density residential and mixed-use residential development.
• Precise Plan. By Resolution No. [], City Council approved the Serramonte Del Rey Precise Plan, which modified land use designations and created a new street and open space network. • Development Agreement. The District and the City of Daly City entered into a Development Agreement to secure vested development rights and terms. • Affordable Housing Agreement. The District and the City of Daly City entered into an Affordable Housing Agreement to secure rights and terms for the Project’s Affordable Housing Plan.
• Tentative Map and Conditions of Approval. The City Council approved a Tentative Map indicating the subdivision of the District lands into parcels with infrastructure and open space improvements, including Conditions of Approval.
• Mitigation and Monitoring and Reporting Program. The City of Daly City, as the lead agency under the California Environmental Quality Act (CEQA) prepared the project’s Environmental Impact Report (EIR) to disclose to the City, public and other agencies the environmental impacts of the project. By Resolution No. [] the City certified the EIR for the project, adopted findings, statement of overriding considerations [if needed] and a Mitigation Monitoring and Reporting Program (MMRP). The Precise Plan is consistent with and will implement the MMRP as approved by the City Council.
39 SECTION 5. Effective Date. This ordinance is an urgency ordinance enacted under California Government Code sections 36934 and 36937(b). This urgency ordinance is effective upon adoption by a four-fifths (4/5) vote of the City Council.
SECTION 6. Environmental Assessment. The City Council has reviewed the proposal under the requirements of the California Environmental Quality Act (CEQA) and has determined, that a Final Environmental Impact Report (FEIR). Pursuant to Section 21081.6 of the Public Resources Code and Section 15097 of the CEQA Guidelines, the Project requires adoption of a Mitigation and Monitoring Program (MMRP). The City Council hereby approves the Mitigation Monitoring and Reporting Program (MMRP) for this project and hereinafter finds that the Final Environmental Impact Report and the MMRP complies and conforms with the California Environmental Quality Act and the Guidelines implementing the Act.
SECTION 8. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Counci1 of the City of Daly City declares that it would have adopted each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases or portions be declared invalid or unconstitutional.
SECTION 8. Publication. The Mayor shall sign this ordinance and the City Clerk shall attest and certify to the passage and adoption of it, and within fifteen (15) days, publish once in a newspaper of general circulation circulated within the City of Daly City. The City Clerk shall post at City Hall a copy of the full text of this Ordinance in accordance with Government Code Section 65858 and 75090.
The foregoing urgency ordinance was introduced and duly adopted by a four-fifths vote of the City Council of the City of Daly City at a regular meeting of the City Council, held on the day of , 2024, by the following vote:
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
CITY CLERK OF THE CITY OF DALY CITY
APPROVED:
MAYOR OF THE CITY OF DALY CITY
City Council Meeting Agenda Report Item # _____
Meeting Date: January 22, 2024
Subject: INTRODUCE ORDINANCE AMENDING TITLE 6 OF THE DALY CITY MUNICIPAL CODE RE: ANIMAL CONTROL
Recommended Action
Staff recommends that City Council conduct a public hearing and first reading and introduce an Ordinance amending Title 6 of the Daly City Municipal Code regarding Animal Control.
Discussion
The County of San Mateo’s animal control ordinance was originally adopted in 1951 and has been updated several times, most recently in 2006. On December 12, 2023,the County of San Mateo Board of Supervisors adopted an animal control ordinance. Pursuant to the animal control services agreement between the cities and County, the City of Daly City is required to adopt animal control ordinances that are the same or substantially the same as the County’s ordinance.
The County initiated the process to revise and update its animal control ordinance by issuing an invitation to the local cities. The working group that developed the draft animal control ordinance included broad representation from the County, local cities, and the contractor that provides animal control services - the City Attorneys from the cities of Millbrae, Pacifica, Half Moon Bay, and Redwood City, the County Attorney’s Office, and the Peninsula Humane Society (PHS) and Society for the Prevention of Cruelty to Animals (SPCA) and their legal counsel.
The County’s revised animal control ordinance enhances enforceability, streamlines processes, clarifies definitions, and above all else, further promotes public safety. Key provisions of the proposed ordinance updating Chapter 6.04 of the Daly City Municipal Code include:
• Updates definitions to enhance enforcement capabilities and remove confusing language related to “Dangerous” and “Vicious” animal designations. • Lowers the rabies vaccination age requirement to align with current state law. • Updates language and enforcement for “Vicious” animals, which are often humanely euthanized. The proposed ordinance raises the threshold for when an animal may be declared “Vicious” and summarily euthanized, which is consistent with current industry standards and practical enforcement. Offending animals deemed a significant danger to the public would still be designated “Vicious”.
• Updates language and enforcement for “Dangerous” animals. A “Dangerous” animal has exhibited behavior which indicates heightened safety requirements for the keeping of said animal are required to ensure public protection. The proposed SSFMC Chapter 9.04 revises and clarifies the threshold for when an animal may be designated as “Dangerous”. Under the current ordinance, the “Dangerous” designation remains for the life of the animal. Under the
City Council Agenda Report
Subject: INTRODUCE ORDINANCE AMENDING TITLE 6 OF THE DALY CITY MUNICIPAL CODE RE: ANIMAL CONTROL
Meeting Date: January 22, 2024
proposed ordinance, an owner may apply for the designation to be lifted after a period of three (3) years if the animal has been safely maintained under the permit, which would remove the need for County oversight and enforcement. The Program Manager found that about 90% of animals deemed “Dangerous” do not re-offend, and that lifting the “Dangerous” designation for animals deemed no longer a danger to the public, which is consistent with other jurisdictions and state recommendations.
• Removes language stating that an animal owner may not maintain a “Dangerous” animal in a home with a juvenile person under the age of eighteen (18). The working group could not find any other jurisdiction that had this restriction and could not find any instance in which the restriction enhanced public safety or was enforceable. • Revises and updates the fee schedule and further clarifies the offenses for which administrative citations may be issued for violations of Daly City Municipal Code Chapter
6.04. Fiscal Impact
None.
Summary/Conclusion
Staff recommends that City Council conduct a public hearing and first reading and introduce an Ordinance amending Title 6 of the Daly City Municipal Code regarding Animal Control.
Staff is available to provide any additional information desired by the Mayor or Councilmembers.
Respectfully submitted,
Rose Zimmerman
City Attorney
Attachment: Draft Ordinance
1 ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DALY CITY AMENDING TITLE 6 OF THE DALY CITY RE: ANIMAL CONTROL
The City Council of the City of Daly City, DOES ORDAIN as follows:
SECTION 1. Title 6 of the Daly City Municipal Code is amended to be entitled and numbered to read as follows:
Title 6
ANIMAL CONTROL
Chapter 6.04 Animal Control
Chapter 6.08 Prohibitions and Nuisances
Chapter 6.10 Violation and Penalty
Chapter 6.12 Horse Stables
SECTION 2. Chapter 6.04 of the Daly City Municipal Code is hereby repealed and replaced and numbered to read as follows:
CHAPTER 6.04 ANIMAL CONTROL
6.04.010 – Definitions
The following words and phrases, when used in this Chapter shall have the meaning set forth below:
"Animal Control Officer" – any Person designated as the Animal Control Program Manager for the County, as well as the head of the County’s animal control contractor and their duly authorized officers or deputies. In the event the County has no animal control contractor to provide animal control officers, or in cases of emergency in which additional animal control officers are needed, “animal control officer(s)” may include Persons so designated by the Animal Control Manager.
"Animal Control Program" – that program established by the County and participating cities, and the Program’s animal control contractor(s), if any, which contractor is specifically charged with regulating and enforcing laws dealing with animal control within the participating jurisdictions. Animal Control Program includes the Licensing Program. "Animal Control Program Manager" - that Person employed by the County to oversee the Animal Control Program or designee.
"Animal Control Shelter" - A San Mateo County facility operated by the County, or by another public entity, an accredited, tax-exempt humane non-profit organization contracted with the County, or a for-profit business contracted with the County for the purpose of impounding, sheltering, adopting, or euthanizing seized, stray, distressed, homeless, abandoned, or unwanted animals.
2 “Caretaker” - any Person 18 years of age, or older, who has assumed responsibility for the care, custody, or control of an animal(s).
"Dangerous Animal" - any animal, except a trained animal assisting a peace officer engaged in law enforcement duties, that constitutes a danger to Persons or animals, and/or demonstrates any of the following behavior(s):
(a) behavior that results in bodily harm that is less serious than a “Severe Injury”, or constitutes a substantial threat of bodily harm to a Person; or (b) an attack on another animal which results in an injury that is sufficient to require veterinary care even if not received.
An animal which has been declared by an out of this County jurisdiction as "potentially dangerous," "dangerous," "vicious," or any other similar designation, may be deemed a Dangerous or Vicious animal for the purposes of this Chapter, as determined by an Animal Control Officer. “Health Officer” - that Person so designated by the County of San Mateo. “Humane Officer” - any Person who is qualified and appointed pursuant to California Corporations Code Section 14502, and who is an employee of the County and designated as such by the County or an employee of a society for prevention of cruelty to animals or humane society that has contracted with the County of San Mateo to provide animal control services. "Licensing Program” - that program within San Mateo County Health Department, including but not limited to, any County contractor specifically charged with regulating and selling animal licenses in the County of San Mateo.
“Owner" - any Person 18 years of age or older who:
(a) holds the license to the animal; or
(b) if the animal is not licensed, is legally entitled to possession of the animal; or (c) has exercised primary responsibility for the care of the animal for thirty (30) or more consecutive calendar days.
“Person” – means any individual, partnership, corporation, organization, trade or professional association, firm, limited liability company, joint venture, association, trust, estate, or any other legal entity, and any officer, member, shareholder, director, employee, agent, or representative thereof.
“Severe injury" - Any physical injury to a human caused by an animal attack that involves tooth derived muscle tears, disfiguring wounds or laceration(s), multiple bites requiring sutures, broken bones and/or requires corrective surgery.
“Service Animal” - any animal defined as such by federal or state law.
3 "Vicious Animal" - any animal, except a trained animal assisting a peace officer engaged in law enforcement duties, which meets any or all of the following criteria:
(a) Any animal that, at the time of the attack, is already designated as a Dangerous Animal and/or is the subject of a Dangerous Animal permit, and which is found to have engaged in any of the following:
(1) behavior that results in bodily harm, or constitutes a substantial threat of bodily harm, to a Person; or
(2) an attack on another animal which results in an injury that is sufficient to require veterinary care, whether or not received.
(b) Any animal that inflicts Severe Injury to or kills a Person. (c) Any animal which cannot be safely maintained with a Dangerous Animal permit. (d) Any animal designated by another governmental jurisdiction as, “dangerous”, "vicious", or any other similar designation, if that prior designation is based on behavior which would meet the definition of Vicious Animal under this Chapter, as determined by an Animal Control Officer.
6.04.020 - Animal Control Program.
(a) The Animal Control Program is responsible for the enforcement of this Chapter.
The duties of the Animal Control Program shall include, but not be limited to, the following:
(1) Provide animal control, sheltering services, and a rabies control program to carry out and enforce all provisions of this Chapter and California Health & Safety Code section 121690, and keep such records as may be required by law or contract.
(2) Enforce the provisions of this Chapter and all applicable state and local laws relating to the care, treatment, and impounding of animals, and specifically to issue citations and to make arrests for violations of the provisions of this Chapter and related state laws, to the extent authorized by law. (3) Impound animals found to be in violation of this Chapter in the interest of protecting public health and safety.
(4) Investigate animals pursuant to this Chapter or applicable state law and, if deemed appropriate, designate any such animals as Dangerous or Vicious pursuant to this Chapter.
(5) Impound animals which are in imminent or ongoing danger, or which are in need of safekeeping in order to protect the health and safety of the animal. (6) Impound animals that are causing a threat to public safety.
4 (7) Where authorized under the law, to enter upon any premises upon which any animal is kept in order to seize or impound of any animal if reasonable cause exists to believe that such animal is being kept or has behaved in violation of the provisions of this Chapter.
(8) To remove and dispose of the carcass of any animal(s) found on any public right of way, except freeways or other areas maintained by Caltrans. (9) Quarantine animals under the direction of the County Health Officer to ensure public health and safety.
(10) Euthanize and/or dispose of animal(s) humanely and in accordance with the law.
(11) Place for adoption, when appropriate, properly impounded animals if such animals are not redeemed after due notice to known Owners in accordance with the law.
(12) Provide and hold vaccination clinics in strategic locations throughout the County pursuant to Health and Safety Code 121690.
(13) Provide or make available at low cost, spay/neuter surgeries to dogs, cats, and rabbits.
(14) Provide for issuance of an animal license for a period not to exceed the term of the anti-rabies vaccination, as provided by state law. (15) To collect any fees or charges provided for in this Chapter for the licensing, impounding and/or keeping of any animal, or for the enforcement of this Chapter.
(b) Animal Control Officers qualified under Penal Code section 830.9, who are either employees of the County designated as such by the County, or employee(s) of and designated as such by a society for prevention of cruelty to animals or humane society which has contracted with the County to provide animal control services, shall have the authority to issue citations and/or notices to appear in court, and obtain and execute search warrants to the maximum extent allowed by law, for violations of state and local animal control laws. Animal Control Officers shall have the authority provided by state law including, but not limited to, that described by Penal Code section 830.9. Animal Control Officers must complete Penal Code section 832 training.
(c) Those employees of a society for prevention of cruelty to animals or humane society under contract with the County to provide animal control services, who have been appointed and qualify as humane officers under California Corporations Code section 14502, or its successor statute, shall have the authority to issue citations and/or notices to appear in court, and obtain and execute search warrants, to the maximum extent allowed by law, for violations of state and local animal control laws.
5 (d) The County may contract for animal control services to be performed countywide, including within cities, provided agreement is made with the participating jurisdictions.
6.04.030 - Rabies Vaccinations.
(a) Every dog or cat Owner shall ensure their animal is vaccinated for rabies by a licensed veterinarian in the manner prescribed or approved by state law and the State of California Department of Public Health, after the dog or cat attains the age of three (3) months of age and/or within ten (10) calendar days of acquiring an unvaccinated animal. This vaccination shall be obtained prior to issuing a license for the dog or cat. In addition, proof of vaccination shall be provided by the Owner or veterinarian to the Licensing Program or the County’s animal control contractor. (b) Every veterinarian who vaccinates or causes or directs to be vaccinated in the County any dog, or cat with rabies vaccine shall certify that such animal has been vaccinated. Every veterinarian shall submit to the licensing authority a copy of the County-approved rabies vaccination form, within ten (10) calendar days of the beginning of each month, for any dog or cat which they vaccinate or direct to be vaccinated with anti-rabies during the previous month. An Animal Control Officer or animal licensing staff shall have the right to inspect records of rabies vaccinations during normal business hours.
(c) Upon receipt of a written request from a licensed veterinarian to exempt a microchipped pet from receiving a one or three-year vaccination, for medical reasons, the County Health Officer and/or designee shall review the basis for the request for exemption and approve or/deny said request.
6.04.040 - Dog and Cat Licenses.
(a) Licensing requirements for dogs and cats shall be as follows:
(1) An annual license shall be obtained, and an annual license fee shall be paid by the Owner for every dog or cat over the age of three (3) months owned or kept in unincorporated San Mateo County, and all cities within the County which adopt this Chapter. Said annual license fee shall be first due when the animal reaches three (3) months of age or within sixty (60) calendar days after the dog or cat is acquired, and due on the expiration date of the rabies vaccination and each year thereafter.
(2) New residents shall have sixty (60) calendar days in which to acquire such license.
(3) Persons renewing their license shall have thirty (30) calendar days following their due date before being found delinquent and assessed a late penalty. (4) The fee for such license shall be as set forth in section 6.04.350 of this Chapter. The fee paid for the licensing of altered dogs and cats shall be less than said license fee for unaltered cats or dogs upon presentation of the proper
6 certification. The license fee paid by Persons over the age of 60 shall be at a discount.
(5) An Owner may obtain a three-year license for a cat or dog by submitting to the Licensing Program adequate proof of a three-year rabies vaccination of the animal to be licensed and payment of the applicable fees, as set forth in section 6.04.350 of this code.
(6) Any Person who fails to pay such license fee after said fee is due or said dog or cat is required to be licensed, in addition to paying any past due license fee(s), may also be required to pay a late fee in accordance with Section
6.04.350 of this Chapter or may receive an administrative citation. (7) A license shall be obtained, but no license fee shall be payable, by the Owner of any dog being raised, trained or used as a Service Animal, or for dogs that have served as a member of the armed forces of the United States of America, or any dog used by a local law enforcement agency for the purposes of law enforcement.
(8) Animals with microchip implants or other permanent identification acceptable to the Animal Control Program are not exempt from the mandatory licensing requirements.
(b) The licensing provisions in this Chapter are not applicable to the following:
(1) Dogs or cats used for diagnostic purposes or research, the use having been approved by the California State Department of Health Services pursuant to section 1666 of the Health and Safety Code.
(2) Dogs or cats used for teaching purposes in recognized educational institutions. (3) Dogs or cats owned by veterinarians licensed by the State and kept on the premises used by said veterinarians in their practice.
(c) Tags for dogs and cats shall be issued as follows:
(1) The Licensing Program shall procure and, when licensing fee is paid, issue a lifetime tag which shall bear the number of the license. A record shall be kept with the name of the Owner together with a description of the dog or cat for which the license is issued and the number of the license, and a tag shall be provided to such Person upon payment for such license as provided by this Chapter.
(2) Whenever a tag has been lost or stolen, the Owner of the animal may request a duplicate tag upon payment of the required fee.
(3) The Owner of a licensed dog or cat shall affix such tag to a suitable collar, which collar shall remain on the dog or cat at all times.
7 (4) When an animal has been designated as a Service Animal, the Owner may obtain a lifetime service tag and shall be required to follow the requirements in Section 6.04.030 (a). Said tag will replace a regular dog license. (5) The Owner or operator of any kennel, animal breeding facility, pet shop, or any place or establishment where animals are sold, adopted, or given away shall keep a permanent record of the name, address, and phone number of the purchaser of any dog or cat, along with the breed, color, sex, and age of each animal sold, adopted, or given away and shall forward such information to Animal Control services within thirty (30) calendar days thereafter. An Animal Control Officer, County representative, or employee of the County’s animal control contractor shall have the right to inspect such records during normal business hours, with forty-eight (48) hours prior notice to the Owner or operator.
6.04.050 - Public Protection from Dogs.
(a) No Owner or possessor of a dog shall cause or allow such dog to bite, or physically threaten or harass any person unless necessary to protect the physical safety of a Person.
(b) Every Owner or possessor of a dog shall prevent such dog from causing injury to another animal while such animal is lawfully upon public or private property. The failure of the Owner of a victim animal to have the animal on a leash shall not, in itself, constitute a mitigating factor in any attack.
(c) No Owner or possessor of a dog shall command or provoke such dog to attack, sic or threaten a Person unless such action is necessary to protect the physical safety of a Person.
(d) No Owner or possessor of a dog that resides in another county and is found to have violated this section shall thereafter allow such dog to be brought into San Mateo County unless the dog is fully enclosed in a vehicle and passing through to another location without stopping at any public or private premises within the County.
6.04.060 - Prohibited Conduct.
No Owner or other Person having care, custody or control of any animal shall cause or permit it to do any of following:
(a) To be upon any public street, sidewalk, park, school ground, any public property, or upon any unenclosed premises in this jurisdiction unless:
(1) the animal is properly licensed, if such licensing is necessary hereunder; and (2) the animal is controlled by a chain, lead rope, or leash, which is connected to the animal’s collar, saddle, harness, or halter. This latter requirement is not applicable to cats, or to service animals under the complete control of the Owner or Caretaker.
8 An electric or invisible fence does not constitute an enclosure for the purposes of this requirement.
(b) To trespass upon any private property without the consent of the owner thereof, and to knowingly permit the animal to remain upon the property, or to habitually continue to trespass thereon.
(c) To suffer or permit such animal to habitually bark or meow or otherwise act to disturb the peace of any citizen or to be a public nuisance. (d) To be without proper and adequate food, water, shelter, care, and attention. (e) No Person shall possess within San Mateo County any animal designated by another jurisdiction as “potentially dangerous”, “dangerous”, or “vicious,” or other designation based on the animal’s potential danger to humans and/or animals, without previously notifying Animal Control and receiving express written permission from the Animal Control Manager for the animal’s presence or residence in San Mateo County. A failure to receive prior permission is in itself a sufficient basis for an Animal Control Officer or peace officer to seize and impound such animal.
(f) Subsection (a)(2) of this section shall not be applicable to cats.
6.04.070 - Protection of Animals in Motor Vehicles.
(a) No Person shall leave or confine an animal in any unattended motor vehicle under conditions that endanger the health or well-being of said animal due to heat, cold, lack of adequate ventilation, lack of water, or other circumstances that could reasonably be expected to cause suffering, disability, or death of said animal. (b) An Animal Control Officer, Humane Officer or peace officer may remove an animal from a motor vehicle if the animal’s safety reasonably appears to be in immediate danger from heat, cold, lack of adequate ventilation, lack of water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal. An Animal Control Officer, Humane Officer or peace officer is authorized to take all steps that are necessary for the removal of such animal from the motor vehicle, including, but not limited to, breaking into the motor vehicle, after a reasonable effort has been made to locate the Owner or other Person responsible.
(c) If an animal is removed from a motor vehicle as set forth herein, the removing officer shall, if deemed necessary by the officer, take it to an animal shelter, veterinary hospital, or other place of safekeeping.
(d) An Animal Control Officer or peace officer who removes an animal from a motor vehicle shall, in a conspicuous location on or within the motor vehicle, leave written notice bearing their name and office, and the address of the location where the animal can be claimed. The animal may be released to the Owner only after payment of all fees that have accrued for the maintenance, care, medical treatment, or impoundment of the animal.
9 (e) Nothing in this section shall preclude prosecution under both this section and California Penal Code Section 597 or any other provision of state or local law.
6.04.080 - Release from Confinement.
No Person other than the Owner, or person authorized by the Owner of the animal shall release any animal from any confinement, vehicle, or restraint unless such release is necessary for the immediate health and safety of the animal. This section shall not apply to Animal Control Officers, Humane Officers, and/or peace officers.
6.04.090 - Declaration of Dangerous Animal.
(a) No Person shall knowingly keep, have, maintain, sell, trade, or let for hire an animal designated as Dangerous under this Chapter without obtaining a Dangerous Animal permit from the Animal Control Officer. The animal Owner shall comply with all conditions of the Dangerous Animal permit including, but not limited to, all requirements of section 6.04.100 of this Chapter. Any animal which is determined to be Dangerous under this Chapter and for which a permit has not been obtained shall be surrendered to an Animal Control Officer, peace officer, or a County animal control contractor agency for appropriate disposition, which may include humane euthanasia.
(b) In determining whether or not an animal shall be designated as Dangerous, the Animal Control Officer, peace officer, or hearing officer may consider any relevant facts and circumstances, including but not limited to:
(1) the alleged attacking animal’s prior history.
(2) the alleged attacking animal’s Owner(s) ability to comply with this Chapter, and/or compliance with any prior Dangerous Animal permits held by the alleged attacking animal’s Owner(s).
(3) whether any of the animals involved were previously deemed by a governmental jurisdiction as “potentially dangerous, “dangerous”, “vicious” or any other similar designation.
(c) In determining whether or not an animal shall be designated as Dangerous, the Animal Control Officer, peace officer, or hearing officer, may consider the following mitigating factors:
(1) Whether at the time of the injury, attack or molestation, the Person or animal suffering the injury, attack or molestation:
(i) provoked, tormented, teased, abused or assaulted the animal, thereby causing or contributing to the alleged behavior;
(ii) committed a willful trespass or other tort upon the private property of the Owner or Caretaker of the animal in the presence of the animal;
10 (iii) threatened or committed an unjustified attack or assault against the Owner, Caretaker or other Person in control of the animal in the presence of the animal
(2) Any other mitigating factor relevant to whether the animal poses a threat to public health or safety. The failure of the Owner or Person in control of a victim animal to have the victim animal on a leash shall not, in itself, constitute a mitigating factor in any attack.
(d) The unwillingness of a victim or a particular witness to testify at a hearing shall not prevent designation of an animal as a Dangerous Animal, as long as sufficient evidence exists to support the designation.
(e) In the event that an Animal Control Officer or peace officer determines it necessary to protect the health or safety of the public, or of any animal, they may immediately impound any animal according to the procedures set forth in this Chapter. (f) If an Animal Control Officer or peace officer has investigated and determined that an animal is Dangerous, the Animal Control Officer or peace officer shall deliver written notice of such determination to the Owner of the animal pursuant to section 6.04.260. (g) Should the Owner of the animal wish to contest the Dangerous Animal designation, the Owner may request a hearing, which hearing shall be conducted according to the procedures set forth in section 6.04.150 of this Chapter. The Owner shall submit a written request for a Dangerous Animal hearing to the Animal Control Officer within seven (7) calendar days of the written notification by the Animal Control Officer and/or peace officer that the animal has been declared dangerous.
(1) Should the animal Owner not submit a request for an administrative hearing within the required timeframe, the administrative hearing process shall be deemed waived, the Dangerous Animal designation will be final, and the animal Owner shall obtain a Dangerous Animal permit within seven (7) calendar days of the written notification that the animal has been declared Dangerous.
(2) If the animal Owner requested a hearing and the hearing officer confirms the determination that the animal is Dangerous, the Owner must obtain the Dangerous Animal permit and meet the conditions required by such permit, within seven (7) calendar days of notice of such decision, unless the time is extended by an Animal Control Officer.
(3) If an animal is designated as Dangerous, but the Owner fails to obtain a Dangerous Animal permit within the required timeframe, the animal will be deemed abandoned, and will be subject to disposition as deemed appropriate, including potential euthanasia by the County’s animal control contractor, at the discretion of the Animal Control Officer, peace officer or City or County representative. If not already impounded, the animal will be promptly impounded. The Owner of the animal shall be responsible for all costs of impoundment of the animal incurred prior to such abandonment.
11 (h) If after investigation by an Animal Control Officer or peace officer, that officer determines that the animal is not Dangerous, the victim or an Owner of a victim animal may appeal that determination, within seven (7) calendar days of notice of the decision given pursuant to section 6.04.260, by submitting to the Animal Control Officer or peace officer a written request for a hearing and paying the required fee. The Animal Control Officer or peace officer shall prepare a written report documenting its reasons for determining the animal not Dangerous and shall include evidence it has considered for and against the designation in its report. The hearing shall be conducted according to the procedures set forth in section 6.04.150 of this Chapter.
(i) No animal designated by the County as a Dangerous Animal may be transferred to a new place of residence or to a new Owner or Caretaker without prior written approval of the Animal Control Program Manager. Prior to the relocation, a written request for the relocation must be delivered to the Animal Control Program Manager and the County’s animal control contractor, if any, at least 30 calendar days prior to the relocation.
(j) If an Animal Control Officer declares an animal as Dangerous which has already been declared Potentially Dangerous or Dangerous by another jurisdiction located outside of the County of San Mateo, the Owner of such animal must obtain and comply with a Dangerous Animal permit at least seven (7) calendar days prior to moving the animal into the County. The animal shall not reside in the County of San Mateo until the Dangerous Animal permit has been issued by the Animal Control Program and the Owner meets the conditions of said permit. (k) A permit issued under this section is subject to renewal annually. An annual inspection of the location where the animal resides will be performed by an Animal Control Officer. Inspections may occur at any reasonable hour and will occur at least annually. The fee for such permit and inspection shall be as set forth in section
6.04.350 of this Chapter. Fees shall not be refundable. If the registered Owner fails to pay the permit fee and/or comply with the requirements of the permit within ten (10) calendar days of the annual inspection date, the permit may be revoked and the animal may be impounded for appropriate disposition, as determined by an Animal Control Officer, peace officer, County contracted agency or City designee, including humane euthanasia.
(l) A Dangerous Animal designation is a designation that remains with that animal for its lifetime, unless terminated as provided by this subsection. A Dangerous Animal designation may be terminated if all of the following criteria have been met, as determined by an Animal Control Officer or peace officer and the Animal Control Program Manager and/or City designee:
(1) The Owner has complied with all Dangerous Animal Permit requirements for a period of three (3) years and the animal has not been found to have committed any violations of the requirements of the permit, or of this Chapter, or any other applicable animal control laws, for the duration of that period.
12 (2) The animal has remained current on all rabies or similar required vaccinations and has remained current on its licensing and paid all fees for the duration of the three (3) year period.
If an animal Owner disputes a finding that the Dangerous Animal designation will not be terminated, the animal Owner may request an administrative hearing to be held according to the procedures set forth in section 6.04.150 of this Chapter.
6.04.100 - Dangerous Animal Permit Requirements.
(a) Any Owner of a Dangerous Animal shall ensure compliance with the following rules and regulations which shall be mandatory requirements for any Dangerous Animal permit:
(1) When the animal is off the property of its Owner, ensure that the animal is not kept upon any unenclosed premise unless said animal is leashed and muzzled with a cage or basket muzzle, or any other muzzle approved by the Animal Control Officer. The leash shall not exceed four (4) feet in length and having a minimum tensile strength of 300 pounds and shall be under the direct control and supervision of the Owner or a Person of such age, size, and strength as can easily control such animal. Extraordinary care shall be taken by the Owner and/or Caretaker to ensure that such restraint is sufficient to control the animal in a manner which it will not endanger other Persons or animals.
(2) Ensure said animal is never kept on any unenclosed premises even if tethered, tied or staked.
(3) Ensure said animal is kept in a fenced yard, kennel, dog run or other enclosure, sufficient to prevent the escape of the animal or entry of young children, as approved by the Animal Control Officer or peace officer. An electric or invisible fence is not an acceptable means of enclosure for the purpose of this requirement.
(4) Maintain the animal so that it is not a threat to any mail carrier, sanitation worker, meter Person, or other Person who has the lawful right to enter the property.
(5) Ensure that all structures used to confine the animals are locked with a key or combination lock when such animals are within the fenced yard, kennel, run or enclosure.
(6) Regularly inspect the fenced yard, kennel, dog run or enclosure to ensure that it is secure to maintain the animal and keep young children out. (7) Allow inspections by any Animal Control Officer or peace officer at any reasonable hour of the premises or premises upon which the animal is maintained.
(8) Pay permit and property inspection fees as set forth in section 6.04.350 of
13 this Chapter within (10) ten calendar days of the permit issuance or renewal. (9) Obtain and post approved sign(s) from the Animal Control Program after payment of a non-refundable fee as set forth in Section 6.04.350 of this Chapter. Sign(s) shall be conspicuously posted in a manner visible to the public at all entrances to the property where the animal is kept, warning Persons of the presence of a Dangerous Animal as directed by the Animal Control Officer or peace officer. Such sign(s) must be surrendered in the event of the revocation of the permit, death of animal, or approved relocation of the animal.
(10) Advise all members who reside in the same household and on the same premises of the conditions established by the permit for keeping or maintaining said Dangerous Animal.
(11) Ensure said animal wears, at all times, a separate Dangerous Animal tag issued by the Animal Control Program in addition to complying with license requirements as defined in Section 6.04.040 of this Chapter. (12) Ensure said animal be microchipped and inform the Animal Control Officer with the microchip number within thirty (30) calendar days from the date the Dangerous Animal permit was issued.
(13) Within forty-five (45) calendar days from the date the Dangerous Animal Permit was issued, unless this period is extended by the Animal Control Program Manager or city representative at their sole discretion, said animal shall be spayed or neutered by a California licensed veterinarian, at Owner expense, and within those forty-five (45) days, the Owner shall also present written proof to the Animal Control Officer that the surgery was performed.
In the event an animal cannot be safely altered, due to a medical reason, the Owner shall present the Animal Control Program Manager and Animal Control Officer with a written request from a California licensed Veterinarian stating the medical reason(s) that the animal should not be altered. The County Health Officer or designee will approve or deny the request. If said request is denied, the animal shall be altered by a California licensed veterinarian within fifteen (15) calendar days from the date of notification that the request was not approved, and within those fifteen (15) calendars days provide such written proof to the Animal Control Officer that the surgery was performed.
(14) Notify an Animal Control Officer and the Animal Control Program Manager of the animal's death within twenty-four (24) hours and produce the animal's body for verification upon request.
(15) Notify an Animal Control Officer and the Animal Control Program Manager immediately in the event the animal becomes lost, stolen, or escapes from its fenced yard, kennel run, or enclosure. (16) Pay all reoccurring of additional fees within ten (10) calendar days of service of the invoice or annual permit. Non-payment of fee may result in
14 the permit being revoked unless a payment plan has been approved by the County or City.
(17) Comply with all other permit conditions or requirements imposed by an Animal Control Officer, peace officer, or hearing officer pursuant to this Chapter.
(18) Comply with all local and state laws regarding the care, use, control, and maintenance of animals.
(b) Any Owner of a Dangerous Animal shall ensure compliance with the following additional requirements, if directed to do so by an Animal Control Officer, peace officer and/or hearing officer:
(1) Prove financial responsibility by posting a bond or certificate of insurance for an amount of three hundred thousand dollars ($300,000) per animal within thirty (30) calendar days from the date of the Dangerous designation.
Bond or certificate of insurance will be provided to the Animal Control Program Manager annually prior to expiration of said bond or certificate. (2) Provide private behavioral and obedience training to the animal, at the Owner’s expense and within the time set forth by the hearing officer or an Animal Control Officer following the issuance of a Dangerous Animal permit. Proof of participation, a report of behavioral assessment, and/or a certificate of satisfactory completion from an animal behaviorist or organization approved by an Animal Control Officer shall be provided to the Animal Control Officer and Animal Control Program Manager within seven (7) calendar days following the completion of the mandatory training, but not more than ninety (90) calendar days from the date of the Dangerous designation.
(3) Comply with any other permit requirements determined to be reasonably necessary to protect the public’s health or safety and/or the health or safety of other animals.
(c) No more than two Dangerous Animals may be kept by any Person(s) at any one household, residence, business, or other location, without prior written approval of the designee of the appropriate jurisdiction.
6.04.110 - Revocation or Modification of Dangerous Animal Permit. (a) Any Dangerous Animal permit issued pursuant to this Chapter may be revoked or modified by the inclusion of additional requirements or otherwise, if the Animal Control Officer or peace officer has reasonable cause to believe any of the following to be true:
(1) The dangerous animal Owner or any Person to whom the Owner has given care, custody, or control of the animal has violated any local or state laws relating to the keeping, care or use of any animals.
15 (2) The Owner or any Person to whom the Owner has given care, custody, or control of the animal has violated any Dangerous Animal permit conditions, or any requirement imposed by the Animal Control Officer, peace officer, or hearing officer.
(3) The Owner or any Person to whom the Owner has given care, custody, or control changed the location of his/her residence or his/her place of business or sells, assigns, transfers, donates, leases, or otherwise disposes of the animal for which the permit was issued without first notifying an Animal Control Officer as outlined in Section 6.04.090
(4) The Owner or any Person to whom the Owner has given care, custody or control of the animal has changed the residence or premises where the animal is maintained without first complying with the guidelines set forth in Section 6.04.090
(5) The Owner or any Person to whom the Owner has given care, custody, or control of the animal is unable or unwilling to comply with the conditions of the Dangerous Animal permit.
(b) In the event that it is reasonably necessary to protect the public or an animal’s health and safety, the Animal Control Officer or peace officer may impound or cause to be impounded the animal while an investigation is taking place. (c) If, after investigation, the Animal Control Officer or peace officer concludes that there is probable cause to believe that one or more of the above conditions for revocation or modification of the permit has occurred, the officer shall deliver written notice of revocation or modification to the Owner. Said notice shall specify the grounds of revocation or modification of the permit. Should the Owner of the animal wish to contest the revocation or modification of the permit, the Owner may request an administrative hearing to be held before a hearing officer, as designated by the Animal Control Program Manager, within seven (7) calendar days of receiving the notice of revocation. Said administrative hearing date shall be not less than seven (7) calendar days or no more than (20) twenty calendar days after the date the request for hearing is received by the Animal Control Manager. The administrative hearing shall be conducted as set forth in section 6.04.150 of this chapter. The hearing officer conducting the hearing may either modify the terms of the permit or revoke the permit.
Any party to the hearing has the right to appeal the administrative hearing decision to the San Mateo County Superior Court by filing a Petition for a Writ of Administrative Mandate pursuant to California Code of Civil Procedure, Section 1094.5 and 1094.6.
(d) Upon written notice by the Animal Control Officer, peace officer, or hearing officer, if a hearing was held, if any modifications to a Dangerous Animal permit are made, the Owner shall immediately comply with such modified permit requirements.
16 (e) Upon written notice from an Animal Control Officer, peace officer or hearing officer of the revocation of a Dangerous Animal permit, the Owner of such animal shall within two (2) calendar days of such notification, surrender said animal to an Animal Control Officer. The Dangerous Animal shall be impounded and humanely euthanized unless the County designee or City designee has approved a different disposition. At the sole discretion of the appropriate City or County representative, such animal may be permanently removed from the County of San Mateo to another jurisdiction with written approval from that jurisdiction.
6.04.120 - Possession of Animals After Revocation of Dangerous Animal Permit.
No Person who has been determined to be in possession of or had Ownership of a Dangerous Animal for which a permit has been revoked under this chapter shall be granted any Dangerous Animal permit for a period of three years following such determination or revocation.
6.04.130 - Declaration of Vicious Animals.
(a) No Person shall keep, have, maintain, sell, trade, or let for hire an animal which has been designated as Vicious under the provisions of this Chapter. (b) If an Animal Control Officer and/or peace officer has investigated and determined that an animal is Vicious, the Animal Control Officer or peace officer shall deliver written notice of such determination to the Owner of the animal. Service of notice shall be made in accordance with section 6.40.260 subdivision (a) of this Chapter.
An Animal Control Officer and/or Peace Officer shall immediately impound the animal, or cause to be impounded, the animal according to the procedures set forth in Section 6.04.160 of this Chapter. The animal shall be deemed abandoned and shall be humanely euthanized unless the County designee or City designee has approved a different disposition or unless the Owner timely requests an administrative hearing.
(c) In determining whether an animal shall be designated Vicious, in addition to any other facts and circumstances of the incident(s), the applicable decision-maker may consider the following potentially mitigating factors.
(1) Whether at the time of the injury, attack or molestation, the Person or animal suffering the injury, attack, or molestation:
(i) provoked, tormented, teased, abused, or assaulted the animal, thereby causing or contributing to the alleged behavior
(ii) committed a willful trespass or other tort upon the private property of the Owner or Caretaker of the animal; and/or
(iii) threatened or committed an unjustified attack or assault against the Owner, Caretaker, or other Person in control of the charged animal.
The failure of the Owner or other Person in control of a victim animal to have the animal on a leash shall not, in itself, constitute a mitigating factor in any attack.
17 (2) Whether the Owner is willing and able to comply with the conditions of a Dangerous Animal permit, and whether the animal can be safely maintained on a Dangerous Animal permit considering the nature of the attack and cooperativeness and abilities of the Owner.
(d) The decision-maker may also consider, among any other relevant facts and circumstances, the following factors:
(1) whether any of the animals involved were previously deemed by any governmental jurisdiction as, "dangerous", "vicious", or any other similar designation, and/or the animal Owner’s prior compliance or lack thereof with any applicable Dangerous Animal permit requirements or this Chapter; (2) the attacking animal’s history of attacks, bites or threatening behavior; (3) whether the animal demonstrated such aggressive behavior that it is reasonable to conclude that the animal cannot be safely maintained with a Dangerous Animal permit; and
(4) whether the Owner is unable or unwilling to comply with the conditions of a Dangerous Animal permit.
(e) Should the Owner of the animal wish to contest the Vicious Animal designation, the Owner may request an administrative hearing to be conducted according to the procedures set forth in section 6.04.150 of this Chapter. The Owner shall submit a written request for a Vicious Animal hearing to the Animal Control Officer within seven (7) calendar days of the written notification by the Animal Control Officer and/or peace officer that the animal has been declared Vicious. (f) Should the Owner not submit a request for an administrative hearing within the required timeframe, the administrative hearing process shall be deemed waived, the Vicious Animal designation will be considered final for purposes of exhaustion of administrative remedies, and the animal will be subject to disposition by the Animal Control Officer, peace officer, or City or County designee. The Owner shall lose all rights of Ownership and control of the animal, and the animal will be subject to humane euthanasia, unless another disposition is deemed appropriate by a City and/or County designee, without further notice to the Owner. (g) The unwillingness of a victim or a particular witness to testify at a hearing shall not prevent designation of an animal as Vicious as long as sufficient evidence exists to support the designation.
(h) If after investigation, an Animal Control Officer and/or peace officer determines that the animal is not Vicious, the Officer will prepare a written decision upon request by any victim suffering physical injury or an Owner of a victim animal, either of whom may appeal that determination. Any victim suffering physical injury as a result of the attack, or Owner of a victim animal, may appeal the determination that an animal is not Vicious by submitting, within seven (7) calendar days of the service of the decision pursuant to section 6.04.260, a written request to the Animal Control Officer for an administrative hearing and paying the required
18 fee as set forth in Section 6.04.350 of this Chapter. The administrative hearing shall be conducted according to the procedures set forth in section 6.04.150 of this Chapter.
6.04.140 - Providing False Information.
It shall be unlawful for a Person to willfully and knowingly provide false or misleading information to Animal Control Program staff, including but not limited to an Animal Control Officer, peace officer, Animal Control Program Manager, and/or hearing officer regarding animal ownership, licensing, rabies vaccination, medical treatment and condition, and/or any other matter pertaining to the enforcement of state or local law.
6.04.150 - Administrative Hearing Procedures.
(a) Administrative hearings held under this Chapter shall be conducted by a hearing officer or designated representative appointed by the Director or designee of the San Mateo County Health Department. Any city contracting with the County for animal control services may elect to utilize the services of any San Mateo County designated hearing officer to conduct hearings on behalf of the city pursuant to that city's animal control ordinances. The hearings shall be scheduled no less than seven (7) calendar days and no more than fifteen (15) calendar days from the receipt of the request for the hearing unless the hearing officer finds good cause for continuance.
(b) The Animal Control Officer or peace officer conducting the investigation shall provide their investigation report and any evidence gathered by the officer to the Animal Control Program Manager or designee no less than 72 hours prior to said administrative hearing. The Animal Control Program Manager or designee will promptly provide the report to the parties to the case, including the Owner of the subject dog and the Owner of the victim dog.
(c) The administrative hearing shall be conducted in an informal manner consistent with due process of law. Any party may be represented by counsel. The parties may present relevant evidence including witnesses. The strict rules of evidence shall not be applicable. Any relevant evidence, including but not limited to hearsay evidence, may be admitted if it is the sort of evidence on which reasonable Persons are accustomed to rely on in the conduct of serious affairs. The hearing officer shall decide the matter based on preponderance of the evidence presented at the hearing.
The administrative hearing shall be recorded, and all documentary evidence submitted at the administrative hearing shall be preserved by the Animal Control Program Manager for a period of no less than two years. Any party may arrange for a court reporter to be present. Any party desiring the presence of a court reporter shall make all necessary arrangements and shall be responsible for payment of all costs.
(d) The hearing officer may exclude disorderly or disruptive Persons from the hearing or make other orders as necessary to ensure the fair and orderly conduct of the administrative hearing.
19 (e) The hearing officer may decide all issues for or against the Owner(s) of the involved animal(s) even if the Owner(s) fail to appear at the hearing. (f) Within seven (7) calendar days of the administrative hearing, the hearing officer shall render a written decision, which shall be final for the purposes of exhaustion of administrative remedies upon the date of mailing. The Animal Control Program Manager or designee shall mail the written decision and affidavit/certificate of mailing showing the date of mailing, on behalf of the hearing officer, by first class mail, postage prepaid. The decision will be mailed to the Owner of the alleged Dangerous or Vicious Animal, the victim or Owner of the victim animal, and the investigating Animal Control Officer or peace officer.
(g) If the animal is designated Dangerous, the Owner must apply for and obtain a Dangerous Animal permit as provided by this Chapter within seven (7) calendar days of the decision letter in order to maintain the animal and the Owner must comply with all mandatory Dangerous Animal permit rules and regulations as defined in section 6.04.120 of this Chapter. A hearing officer may impose additional permit requirements as set forth in this Chapter. (h) If the animal is designated Vicious, the Owner of such animal shall lose all rights of ownership and control of the animal, and the animal will be subject to humane euthanasia, unless another disposition is deemed appropriate by a City and/or County designee, without further notice to the Owner. An animal designated as Vicious will be held at the animal shelter for a minimum of seven (7) calendar days from the date of the hearing officer's decision, prior to any proposed euthanasia. (i) Unless the hearing officer for good cause otherwise determines, the party requesting the administrative hearing is liable for all costs related to such hearing. A determination by the hearing officer that the animal is not dangerous or vicious shall constitute good cause.
(i) Hearing officer decisions are appealable to the San Mateo County Superior Court by filing a Petition for Writ of Administrative Mandate pursuant to California Code of Civil Procedure, Section 1094.5 and 1094.6.
(k) The procedures and/or definitions pertaining to potentially dangerous and vicious dogs set forth in the California Food and Agricultural Code Chapter 9, beginning with section 31601, are not adopted and do not apply within San Mateo County. As authorized by Food and Agricultural Code section 31683, the County has adopted its own program for regulation of dangerous and vicious dogs as contained in this Chapter.
6.04.160 - Animals to Be Impounded.
(a) The Animal Control Program may impound any animal kept or found under conditions that constitute a violation of this Chapter or other state or local law. The animal's Owner shall be responsible for all costs incurred or fees applicable with respect to such impoundment and maintenance in the shelter.
20 (b) An Animal Control Officer or peace officer may impound or cause to be impounded an animal when there is reasonable cause to believe that such animal posed, or poses, a threat to the public’s health and safety, or the health and safety of another animal. The animal may remain impounded for a period not to exceed fifteen (15) calendar days in order to investigate, and to determine whether or not said animal is Dangerous or Vicious as defined by this Chapter. In calculating the fifteen (15) calendar days, the first day of impoundment is not included. If an animal is not impounded within fifteen (15) calendar days after an investigation began, the Animal Control Officer or peace officer shall make a determination whether or not the animal is Vicious or Dangerous and shall notify the Owner of said animal as soon as reasonably practical thereafter.
(c) Within twenty-four (24) hours of the impoundment of any animal, the impounding Animal Control Officer shall serve the Owner of the animal with notice of the impoundment.
(d) No impounded animal may be redeemed unless and until any required license fee and/or other applicable charges and fees have been paid. In the event such animal is not redeemed within the time set forth by State law, it shall be deemed abandoned and may be adopted, transferred to a rescue, or disposed of in the manner determined by the Animal Control Program. The Animal Control Program shall issue to the Owner or Person responsible of the care, custody, and control of said animal a receipt showing an itemized description and the amount of the fee(s) paid. (e) The Animal Control Program shall keep a record of all animals impounded, which record shall include a description of the animal, the date of its receipt, the date and manner of disposal, the name of the Person redeeming, adopting, or purchasing, the fees, and/or charges related to the animal. Said records shall be kept for a period of seven (7) years.
6.04.170 - Stray Animals.
Any Person who finds or picks up a stray or lost animal shall report the same to the Animal Control Shelter within twenty-four hours thereafter and shall release such animal to the Animal Control Shelter upon demand.
6.04.180 - Epidemics.
The San Mateo County Health Officer may determine and declare that rabies or other contagious diseases are epidemic or that other health and safety hazards exist among dogs or other animals within the County. Upon the making of such a declaration, the Health Officer shall prepare and promulgate such orders, rules, and regulations as are necessary for appropriate control of all the animals concerned within the County. Said rules and regulations of the Health Officer may include, but are not limited to, impoundment, quarantine, vaccination, or destruction. It shall be the duty of the Animal Control Officers to assist the Health Officer in carrying out such rules and regulations.
21 6.04.190 - Bite Reporting Requirements.
(a) Any Owner or other Person who is responsible for the care, custody, or control of an animal that bites a human or other animal shall provide their name and current residence address and telephone number and shall present their driver's license or other form of identification and any information regarding any rabies vaccination for the biting animal to the person bitten or the Owner of the animal bitten. If the Person bitten is a minor, the Owner or Person in control of the biting animal shall provide the required information to the parent or guardian of the minor. (b) In addition to the above requirements, it shall be the duty of any Person having knowledge of any animal which has bitten a human being or other animal within the County to immediately, in no case later than the end of the next calendar day, report the bite to an Animal Control Officer or peace officer and to furnish as much information as possible, including date, time and location of bite, description of animal or Person bitten, name and license number of the biting animal, and rabies vaccination history of the biting animal.
6.04.200 - Administrative Citations.
(a) Should an Animal Control Officer, Humane Officer or peace officer determine that a Person has violated any provision this Chapter, that enforcement officer shall have authority to issue and serve notice of an administrative citation as set forth in section
6.04.260, to the Person violating the Chapter.
(b) Each administrative citation shall contain the following information:
(1) The name and address of the Owner or other Person to be cited. (2) The date(s) of the violation.
(3) The address or a specific description of the location where the violation occurred.
(4) The section, subsection, and/or provision of this Chapter violated by the Person cited and a description of that violation.
(5) A prohibition of the continuation or repetition of the violation described in the administrative citation.
(6) If applicable a description of the potential consequence(s) should the violation continue or be repeated.
(7) Either:
i) The amount of the administrative fine charged and to be paid by the Person cited as a result of the violation; or
22 ii) A notice to correct a certain violation within a reasonable time, and the amount of an administrative fine that may occur if the violation is not corrected or remedied by the date specified.
(8) A description of the procedure to pay the fine, to include the time period for and place of payment, and the process by which the County may collect any unpaid amount owed.
(9) A description of the administrative citation review process, including the time within which the administrative citation may be appealed and how to appeal the administrative citation, including any form to do so. (10) The name and signature of the citing Animal Control Officer, Humane Officer or peace officer or County designee.
(c) An administrative citation may be any format, including letter, which conveys the information set forth above.
6.04.210 - Appeal of Administrative Citation.
(a) A recipient of an administrative citation may contest the citation including, but not limited to, on the basis that the underlying violation did not occur, or that recipient is not the party responsible for the violation and thus was the improper recipient of the administrative citation. The recipient must contest the citation on the form provided by the Animal Program Manager or Animal Control Officer and file the appeal with the Animal Control Program Manager within twelve (12) calendar days from the date of service of the administrative citation. Any appeal not timely filed will be rejected.
(b) The appeal shall contain the following provided by the Person appealing the citation:
(1) The name, mailing address, and telephone number of the party requesting the appeal;
(2) A copy of the administrative citation or a reference number thereto; (3) A statement of the grounds for the contest, including a description of the evidence to be presented in support of the contest and copies of any statements or documents to be submitted at the hearing in support of the appeal.
(4) The signature of the appealing party;
(5) A deposit of the fine assessed as set forth in the citation(s), to be refunded if the appeal is successful.
(c) Should an appeal be properly and timely requested, the requesting party shall be provided a hearing before a hearing officer to be held pursuant to the procedures set forth in section 6.04.150 as applicable. The Animal Control Program shall notify
23 the Person requesting the appeal hearing of the time and place set for the hearing pursuant to section 6.04.260.
6.04.220 - Payment of Administrative Fines.
(a) In the absence of an appeal by the recipient of the administrative citation, the Person cited shall pay the administrative fine in full within thirty (30) calendar days from the date of service of the notice of citation. In the event of an appeal, after which the violation is upheld, if not already paid, the fine shall be paid in full within ten (10) calendar days after the date that the decision of the hearing officer was served on the recipient.
(b) Payment of any fine shall not excuse the failure to correct the violation, nor shall it bar further enforcement of the same or any similar violation or any other violation by any applicable means.
(c) Failure to pay any fines assessed within the guidelines set forth in this Chapter will result in a late charge pursuant to section 6.04.230, which will be collected by the Animal Control Program Manager.
6.04.230 - Amount of Administrative Fines.
(a) Any Person issued an administrative citation for a violation of, and pursuant to, this Chapter shall be assessed and pay a fine as follows:
(1) One hundred dollars ($100) for a first citation.
(2) Two hundred dollars ($200) for a second citation for the same violation within a one-year period.
(3) Five hundred ($500) for each additional citation for the same violation within a one-year period.
6.04.240 - Misdemeanor Violations.
(a) A Person violating any provision of this Chapter shall be guilty of an infraction except as otherwise specifically provided.
(b) A Person violating any provision of section 6.04.050, subsection (a) of section
6.04.090 or subsection (a) of section 6.04.130 of this Chapter shall be guilty of a misdemeanor.
(c) This section shall not limit any other available criminal, civil or administrative remedies. Any or all applicable remedies shall remain available for violation of the provisions of this Chapter.
6.40.250 - Violation of Chapter a Public Nuisance; Remedies Cumulative.
24 (a) Violation of this Chapter is a public nuisance subject to any and all applicable civil, administrative, and criminal remedies, according to the provisions and procedures set forth in this Chapter and other applicable state and local law. (b) This section is not intended to limit any other available criminal, civil or administrative remedies. Any or all applicable administrative, civil and /or criminal remedies shall be available for violation of the provisions of this Chapter. (c) Each day a violation continues shall constitute a separate violation.
6.40.260 - Service of Documents and Notices.
(a) Unless otherwise specified herein, the appropriate representative of the Animal Control Program shall provide any required notice or service of documents in the one of the following manners: (1) by personal delivery to the Person to be notified or served; or (2) by posting on the property at the address where the subject animal is licensed or the Owner of such animal resides; or (3) by depositing in the United States Mail, in a sealed envelope, first class postage prepaid, and addressed to such Person to be notified or served at their last-known business or residence address or as the same appears in the last equalized County assessment roll. Service by mail shall be deemed complete at the time of deposit in the United States Mail receptacle and shall include a declaration or affidavit of service which shall include notice of the date mailed. If agreed in writing by the Person to be served, notices or documents may be served electronically at the address provided by the Person to be served, to be effective upon being sent.
(b) Failure to receive any notice specified herein does not affect the validity of proceedings conducted hereunder.
6.04.270 - Field Return Fee.
A fee shall be charged for any animal impounded by a representative of the Animal Control Program and returned by an Animal Control Officer in the field to the Owner or Person who is responsible for the care, custody, or control of the animal. The fee charged shall be paid by the Owner or Person who is responsible for the care, custody, or control of said animal. Such fee shall be set forth in Section 6.04.350.
6.04.280 - Redemption and Spay/Neuter Fee.
(a) Upon redemption of any impounded unaltered animal, the Person responsible for the care, custody or control of any animal will be required to pay a spay or neuter fee in the amount of $100.00 in addition to the impound fees imposed under Section
6.04.350 of this Chapter. Such fee shall be refundable upon proof of spay and neuter of the animal within thirty (30) calendar days following the date of redemption. (b) Any unaltered animal impounded twice or more within a three-year period shall be altered at a cost to be paid by the Owner/Caretaker or person responsible for the care, custody, or control of said animal prior to redemption. At the option of the Owner/Caretaker or Person responsible for the care, custody, or control of said
25 animal, required spaying or neutering may be performed by a private veterinarian within thirty (30) calendar days.
(c) Any Owner or Caretaker of an impounded animal subject to mandatory spay/neuter under Subsection (b) of this Section may appeal this requirement by submitting a written request for an administrative hearing to the Animal Control Program Manager. The administrative hearing will be conducted according to the provisions of Section 6.04.150 of this Chapter.
(e) The Animal Control Program Manager may waive any County or City fee for County or City spay/neuter, vaccination or impoundment of an animal, if the animal is a feral or stray cat and the Person bringing the animal to the shelter agrees that the Person shall have no rights in the animal or any right to direct or control treatment or disposition of the animal by the Animal Control Program which will retain sole discretion in determining the disposition of the animal, which may include but not be limited to treatment and/or adoption, or euthanasia.
6.04.290 - Quarantine Fee.
A quarantine fee, as set forth in Section 6.04.350, shall be paid by the Owner or Caretaker of any animal involved, or potentially involved, in a bite. Such quarantine fee is in addition to any other fees charged set forth in Section 6.04.350 of this Chapter to recover costs incurred by the Animal Control Program for the sheltering and caring for the quarantined animal.
6.04.350 - Schedule of Fees and Charges.
This Section 6.04.350 sets forth the fees for the Animal Control Program and Licensing Program. No animal shall be released to its Owner, or other person responsible for the care, custody, or control of the animal, unless applicable fees have been paid.
Animal Control and Licensing fees and charges established by this code are as follows:
(a) License Fees
DOGS
Unaltered dog
1-year license $55.00
3-year license $160.00
Unaltered dog Senior Pet Owner (over 60 yrs.)
1-year license $23.00
3-year license $64.00
Altered dog
1-year license $25.00
3-year license $70.00
Altered dog Senior Pet Owner (over 60 yrs.)
26 1-year license $10.00
3-year license $25.00
Misc. dog fees
Late fee $20.00
Duplicate tag $10.00
CATS
Unaltered cat
1-year license $20.00
3-year license $55.00
Unaltered cat Senior Pet Owner (over 60 yrs.)
1-year license $12.00
3-year license $31.00
Altered cat
1-year license $8.00
3-year license $19.00
Altered cat/ Senior Pet Owner (over 60 yrs.)
1-year license $5.00
3-year license $12.00
Misc. cat fees
Late fee $7.00
Duplicate tag $5.00
(b) Redemption Charges
Type A & B (large or medium size animals — horses, cows, hogs, sheep, etc.) Impound cost $100.00
Board cost per day $30.00
Trailering cost (per use) $100.00
Type C (dogs, and cats)
Impound Costs — First Impound
Altered — licensed, wearing tag $40.00
Unaltered — licensed, wearing tag $65.00
Altered — unlicensed, no tag $55.00
Unaltered — unlicensed, no tag $85.00
Impound Costs — Second Impound
Altered — licensed, wearing tag $90.00
Unaltered — licensed, wearing tag $125.00
27 Altered — unlicensed, no tag $105.00
Unaltered — unlicensed, no tag $140.00
Impound Costs — Third Impound
Altered — licensed, wearing tag $135.00
Unaltered — licensed, wearing tag $155.00
Altered — unlicensed, no tag $155.00
Unaltered — unlicensed, no tag $180.00
Impound Costs — Fourth Impound
Altered — licensed, wearing tag $180.00
Unaltered — licensed, wearing tag $215.00
Altered — unlicensed, no tag $200.00
Unaltered — unlicensed, no tag $240.00
Impound Costs — Fifth Impound and up
Altered — licensed, wearing tag $225.00
Unaltered — licensed, wearing tag $260.00
Altered — unlicensed, no tag $245.00
Unaltered — unlicensed, no tag $285.00
Board charges (per day)
Altered — dogs/ $25.00
Unaltered — dogs/ $35.00
Altered — cats $16.00
Unaltered — cats $22.00
Type D (small size animals, e.g., birds, hamsters, or other) Impound cost $20.00
Board cost $10.00
(c) Surrender, Euthanasia and DOA (Dead on Arrival) Disposal Fees Dog — Licensed or unlicensed
Surrender $60.00
Euthanasia $50.00
DOA Disposal $30.00
Cat — Licensed or unlicensed
Surrender $60.00
Euthanasia $50.00
DOA Disposal $30.00
Rabbit/Small Animal
Surrender $40.00
Euthanasia $30.00
DOA Disposal $15.00
28 Litter of Three or more
Surrender $50.00
Euthanasia $40.00
DOA Disposal $20.00
Bird/Fowl
Surrender $20.00
Euthanasia $15.00
DOA Disposal $20.00
All Other Companion Animals (Reptiles, Amphibians, etc.) Surrender $25.00
Euthanasia $25.00
DOA Disposal $20.00
Farm Animals
Surrender $60.00
Euthanasia: Under 100 pounds $60.00
Over 100 pounds $125.00
DOA Disposal: Under 100 Pounds $30.00
Over 100 pounds $100.00
(d) Other Animal Control Fees
Quarantine Fee $60.00
Dangerous Animal Permit (DAP) Fee $300.00
DAP Inspection Fee $100.00
DAP Signage $15.00
Field Retrieval/Return Fee $40.00
Breeding Permit Fee $150.00
Fancier Permit and/or Exotic Pet Fee $100.00
Return Check Fee $25.00
Service Dog Application Processing Fee $50.00
(e) Miscellaneous Fee Provisions
(1) The Animal Control Program, and/or Licensing Program, may establish license discounts for recognized animal rescue organizations. (2) License fees include a one dollar ($1) annual surcharge on all licenses for the animal population trust fund.
(3) At the discretion of the Animal Control Program Manager, a payment plan for all fees outstanding may be permitted upon a showing of good cause. If a Person is in compliance with an agreed upon payment plan, their outstanding balance shall never be considered “nonpayment” as that term is used in this Chapter.
29 (4) The animal control fees for any animal related service not specified in this section shall be reviewed by the Chief of Health or their designee for reimbursement of costs. The Chief of Health or their designee shall have the authority to determine the fee charged for said services. The fee charged shall be paid by the Owner or Caretaker of the animal(s) for which said service(s) have been provided.
(5) Each calendar year, the Animal Control Program Manager shall designate one month as an amnesty period for payment of cat and dog license late fees and for compliance with section 6.04.020 of this Chapter, as provided herein. During the amnesty period, applicants for cat and dog licenses shall not be assessed any late penalty fee or any other penalty for failure to obtain such license or pay any applicable license fee, notwithstanding sections
6.04.040 and 6.04.350 of this Chapter.
(6) All revenue derived from the fees, fines, forfeitures, and penalties related to the enforcement of this ordinance shall be used to offset the cost of enforcement and administration of this Chapter.
(7) If the Animal Control Program Manager determines that payment of any fees by the Owner or Caretaker for an impounded animal would cause extreme financial difficulty to the Owner or Caretaker, and that it is in the best interests of the County to allow release of the animal upon these terms, the Animal Control Program Manager may, at their discretion, set up a payment plan or waive all or part of the fees incurred for the animal.
SECTION 3. Chapter 6.08, 6.12, 6.16, 6.20, 6.22, 6.24, and 6.28, are hereby repealed in their entirety.
SECTION 4. Severability. If any section, subsection, provision or part of this Ordinance, or its application to any person or circumstance, is held to be unconstitutional or otherwise invalid, the remainder of this Ordinance, and the application of such provision to other person or circumstances, shall not be affected thereby and shall remain in full force and effect and, to that end, the provisions of this Ordinance are severable.
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.
30 SECTION 6. Publication and Effective Date. 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 it 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 on January 1, 2020.
Introduced this day of , 2024.
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 , 2024, by the following vote:
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
CITY CLERK OF THE CITY OF DALY CITY
APPROVED:
MAYOR OF THE CITY OF DALY CITY