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Agenda packet

Daly City City Council
February 26, 2024

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Agenda packet
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February 26, 2024
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Serramonte Del Rey Campus Redevelopment 168 Draft EIR
City of Daly City June 2023
procedures to analyze traffic impacts. According to the CMP, an acceptable level of service at signalized intersections is LOS E.

San Mateo County Comprehensive Bicycle and Pedestrian Plan To support and encourage walking and bicycling in San Mateo County, the SMCTA on September 8, 2011, adopted the San Mateo County Comprehensive Bicycle and Pedestrian Plan (CBPP). The CBPP outlines goals and policies designed to support the implementation of the long-term vision for bicycling and walking in the county.

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

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

Policy CE-7 Ensure an effective transit system by supporting the work of other agencies in their efforts to expand public transit in and around Daly City.

Policy CE-13 View transportation improvements (new and retrofit) as opportunities to improve safety, access, and mobility for all travelers and recognize bicycle, pedestrian, and transit modes as integral elements of the transportation system.

Policy CE-16 Strengthen pedestrian access between and within residential areas and schools, commercial areas, recreational facilities, transit centers, and major activity centers in the City.

Policy CE-20 Integrate Complete Streets infrastructure and design features into street design and private construction to create safe and inviting environments for people to walk, bicycle, and use public transportation.

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

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

This standard shall be applied as follows:
• Require that a minimum LOS D be maintained at all principal intersections.

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Serramonte Del Rey Campus Redevelopment 169 Draft EIR
City of Daly City June 2023
Policy/Task Description
• Where a traffic study identifies that a discretionary project will degrade the Level of Service at any of the City’s principal intersections to below acceptable levels, the City shall, through the environmental review process, require measures to mitigate the anticipated impact to a level of insignificance.
• New vehicular traffic created by a discretionary project that causes any of the City’s principal intersections to degrade to LOS F during any traffic period shall be considered a significant impact subject to the preparation of an Environmental Impact Report (EIR). The EIR shall provide both mitigation measures and feasible project alternatives that would effectively mitigate anticipated traffic impacts to a level of insignificance. • Mitigation measures shall include construction of or financial contribution toward traffic improvements that can effectively mitigate the impact within a ten-year timeframe from the project approval date. Traffic impacts which are not fully mitigable within a ten-year timeframe shall be considered temporarily unmitigable and subject to the adoption of a Statement of Overriding Considerations in addition to mitigation measures.
• The City shall consider the potential for adoption of a Statement of Overriding considerations related to traffic in instances where there is substantial evidence that the project possesses qualities (including environmental, legal, technical, social, and economic factors) that merit the project’s approval despite the traffic impacts caused by the project.

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

Task CE-10.2 Amend the parking regulation to allow for a 30 percent parking reduction for all mixed-use development projects (as defined in the Zoning Ordinance) and clarify that the mixed-use parking reduction is allowed for buildings containing residential and retail components.

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

Task CE-16.9 Require as a condition of development/redevelopment project approval the provision of sidewalks and wheelchair ramps where lacking, repair or replacement of damaged sidewalks, and sidewalks that link directly to building entrances.

Task CE-20.1 In the design of any new roadway and as a part of any development review, ensure that adequate infrastructure is included that promotes a safe and convenient means of travel for all users. This shall include the provision of sidewalks, shared use paths, and, where practical, bicycle lanes.

Task CE-20.7 As a part of all new development, require, where appropriate, the provision of pedestrian-oriented signs, pedestrian-scale lighting, benches, and other street furniture so as to make non-motorized forms of travel comfortable and attractive alternatives to the automobile. Where necessary in new development, the city

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Serramonte Del Rey Campus Redevelopment 170 Draft EIR
City of Daly City June 2023
Policy/Task Description
may require additional sidewalk and/or right-of-way width to accommodate these amenities.

Walk Bike Daly City
The City of Daly City replaced its 2013 Bicycle and Pedestrian Master Plan in 2020 with Walk Bike Daly City, a new master plan for bicycle and pedestrian facilities within the Daly City. Walk Bike Daly City aims to expand the City’s network of pedestrian and bicycle facilities; close gaps in the existing system; enhance connections to key destinations; and, more generally, make walking and biking in Daly City safer, easier and more popular. Improvements identified by Walk Bike Daly City within the Precise Plan area include the construction of separated bikeways on Serramonte Boulevard from St. Francis Boulevard to Gellert Boulevard.

3.17.1.2 Existing Conditions
Roadway Network
Regional access to the project site is provided by Highway 1, Interstate (I-) 280, and SR-35 (also known as Skyline Boulevard). Local access to the Precise Plan area is provided via Serramonte Boulevard, Campus Drive, Hickey Boulevard, Callan Boulevard, Gellert Boulevard, Junipero Serra Boulevard, St. Francis Boulevard, and Clarinada Avenue. These roadways are described below.

Highway 1 is a north-south freeway located north of the project site. In the project area, it provides three to five mixed-flow vehicle lanes in each direction of travel. It provides immediate access to the project site via on- and off-ramps at Clarinada Avenue and Serramonte Boulevard.

I-280 is a north-south freeway located east of the project site that extends from San Francisco to San Jose. In the project area, it provides four vehicle lanes in each direction of travel with ramps located at Serramonte Boulevard, the intersection of Serramonte Boulevard and Junipero Serra Boulevard, and at Hickey Boulevard.

Skyline Boulevard is a north-south highway that extends from west San Francisco to San Bruno. It provides most immediate access to the project site at Hickey Boulevard and via the Skyline Boulevard and Highway 1 interchange.

Serramonte Boulevard is a four-lane east-west arterial that extends from St. Francis Boulevard to the west to El Camino Real to the east. Sidewalks are provided on the south side of the street west of Callan Boulevard and on the north side of the street west of Gellert Boulevard. Dedicated bike lanes are provided on both sides east of Callan Boulevard, which become on-street parking lanes to the west. The posted speed limit is 25 miles per hour (mph) in the vicinity of the Project site and 30 mph east of Callan Boulevard.

Campus Drive is currently a discontinuous roadway which is cut off by the project site. South of the project site Campus Drive is a two-lane divided collector roadway extending from Hickey Boulevard to just north of the Summit Shasta School. A complete pedestrian sidewalk is currently provided on the west side of Campus Drive from the project site to Hickey Boulevard; the sidewalk on the east

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Serramonte Del Rey Campus Redevelopment 171 Draft EIR
City of Daly City June 2023
side of this section of Campus Drive is discontinuous. On-street parking is prohibited. At the north border of the project site a short two-lane section of Campus Drive connects to Serramonte Boulevard opposite Kent Court. As part of the project, Campus Drive would be connected as a through roadway extending from Hickey Boulevard to Serramonte Boulevard.

Hickey Boulevard is a four-lane east-west collector that stretches from Monterey Road to the west to El Camino Real to the east. It crosses Skyline Boulevard and Interstate 280. Sidewalks on both sides and on-street parking on the north side are provided west of Gellert Boulevard. The posted speed limit in the study area is 35 mph.

Callan Boulevard is a north-south local street that alternates between one and two vehicle lanes in each direction of travel in the project vicinity. Sidewalks are provided on both sides and bike lanes are provided south of Hickey Boulevard. On-street parking is intermittent. The posted speed limit is 30 mph to the south of Hickey Boulevard and 35 mph to the north.

Gellert Boulevard is a six-lane north-south collector that extends from Serramonte Boulevard, terminating at Serramonte Center, south to Hickey Boulevard. It becomes a two- to four-lane road from Hickey Boulevard to Shannon Drive. Sidewalks are provided on both sides in the project area and bike lanes are provided south of Hickey Boulevard. The posted speed limit is 30 mph.

Junipero Serra Boulevard is a north-south arterial with two lanes in each direction of travel in the project area. Sidewalks are provided on both sides north of Serramonte Boulevard and on the east side between Serramonte Boulevard and Arlington Drive. Bike lanes on both sides are provided in the project area. The posted speed limit is 40 mph near the project site.

St. Francis Boulevard is a local two-lane road that extends from Eastmoor Avenue south to Hickey Boulevard, primarily serving residential land uses. Sidewalks and on-street parking are provided along the roadway. Bike lanes are provided north of Serramonte Boulevard. The posted speed limit is 25 mph.

Clarinada Avenue is an approximately 0.6-mile-long east-west local road connecting Higate Drive and Callan Boulevard. Two lanes of vehicle travel in each direction are provided east of the Highway 1 ramps and one travel lane in each direction to the west. On-street parking and sidewalks are provided along the entire road. The speed limit is not posted.

Transit Services
Existing transit service within the vicinity of the project site is provided by the San Mateo County Transit District (SamTrans) and Bay Area Rapid Transit (BART). Existing transit facilities in the area are shown on Figure 3.17-1.

SamTrans
Local transit service in the vicinity of the project site is provided by SamTrans, which operates 14 fixed bus routes in Daly City and a total of 82 routes in San Mateo County and the cities of San Francisco and Palo Alto. The project site is served by Routes 24, 49, 112, 120, and 121.

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Serramonte Del Rey Campus Redevelopment 172 Draft EIR
City of Daly City June 2023
Route 24 runs service on school days from Brisbane to Colma to Summit Shasta High School in the morning, and the reverse route in the afternoon. The closest bus stop is located by the St. Francis Boulevard and Serramonte Boulevard intersection.

Route 49 runs service on school days from the Serramonte Center to Terra Nova High School in the morning, and the reverse route in the afternoon. The closest bus stop is by the Callan Boulevard and Serramonte Boulevard intersection.

Route 112 runs from the Linda Mar Park and Ride to the Colma BART station via Hickey Boulevard and Gellert Boulevard. It provides hourly service from 6:00 a.m. to 9:45 p.m. on weekdays, and from 7:55 a.m. to 8:45 p.m. on weekends. The closest bus stop is at the Callan Boulevard and Hickey Boulevard intersection.

Route 120 runs between the Daly City BART station to the north and Colma and South San Francisco BART stations to the South. It provides service from 4:05 a.m. to 11:45 p.m. with about 10-minute peak headways on weekdays and about 15-minute peak headways on weekends. The closest bus stop is at the Highway 1 and Serramonte Boulevard intersection.

Route 121 runs between Skyline College Transit Center to the intersection of Bellevue Avenue and Pope Street in Daly City via Hickey Boulevard and Gellert Boulevard, passing Serramonte Center and the Colma BART station. It provides hourly service from 6:25 a.m. to 10:40 p.m. on weekdays, from 7:25 a.m. to 10:40 p.m. on Saturdays, and from 7:25 a.m. to 9:00 p.m. on Sundays. The closest bus stop is by the Callan Boulevard and Serramonte Boulevard intersection.

SamTrans also provides paratransit service throughout San Mateo County. Daly City is served specifically by its Redi-Wheels on-demand service.

Bay Area Rapid Transit
Regional transit service is provided by BART. The closest BART station is the Colma BART station, located approximately 1.2 miles to the northeast of the project site. The South San Francisco BART station is located approximately 1.5 miles to the southeast of the project site. Both stations are served by the Red and Yellow lines. The Red Line runs from Richmond to Millbrae with service at 30- minute headways or less on weekdays and Saturdays. The Yellow Line runs from Antioch to the San Francisco International Airport (SFO) with at 30-minute headways or less every day of the week. As mentioned above, SamTrans routes 112, 120, and 121 connect to the Colma, Daly City, and SFO BART stations. SamTrans bus route 120 has stops in front of the Precise Plan area on Serramonte Boulevard and provides service to the Colma BART station with 10-minute headways during peak weekday and weekend hours.

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Source: Fehr & Peers, 2023.

Serramonte
Center
Serramo
Plaza
Fairmont
Neighborhood
Gellert
Park Fairmont Park
118
112
118
110
24 24
120
120
16 16
110
130
130
121
121
121
122
112
112
5-minute
walk
5-minute
walk
Callan Blvd.

Campus Dr.

Hickey Blvd.

Higate Dr.

Gellert Blvd.

Callan Blvd.

Serramonte Blvd.

Serramonte Blvd. Se
St. Francis
Neighborhood
Off Ramp On Ramp
Evergreen
Trees & Steep
Hillside Slopes
Serramonte Views
(14 and 17 stories high)
Approved but not yet built
Campus currently closed,
would be opened by project
Serramonte
Ridge
Apartment
Homes
Summit
Shasta
Public
School
Physician
Medical
Center
St. Francis Blv St. Francis Blvd.

Chinese
Cemetery
On Ramp Off Ramp
Project Site Entry SamTrans Bus Lines & Stops Existing/In-progress Class II Bicycle Lane
Existing/In-progress Class III
Bicycle Route
Boundaries PD31 Boundary Project Boundary Parcel Boundaries Immediate Surrounding Neighborhoods Transportation
EXISTING TRANSPORTATION FACILITIES FIGURE 3.17-1

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Serramonte Del Rey Campus Redevelopment 174 Draft EIR
City of Daly City June 2023
Bicycle Facilities
Bicycle facilities within the vicinity of the project site include Class II bike lanes and Class III bike routes. These facilities are discussed below, and shown on Figure 3.17-1 above.

Class II Bike Lanes
Bike lanes provide designated street space for bicyclists, typically adjacent to the outer vehicle travel lanes. Bike lanes include special lane markings, pavement legends, and signage. Existing and proposed bicycle facilities are described below. Bike lanes may be enhanced with painted buffers between vehicle lanes and/or parking, and green paint at conflict zones (such as driveways or intersections). Class II bicycle lanes are currently provided along:
• Callan Boulevard south of Serramonte Boulevard
• Serramonte Boulevard between Callan Boulevard and the south entrance to Serramonte Center
• Junipero Serra Boulevard between Amelia M Teglia Boulevard and Hickey Boulevard Class III Bike Routes
Class III bikeways are shared bikeways where the cyclist occupies the same right-of-way with either motor vehicles or pedestrians. Signs are used to designate that the street or path also is to be used by cyclists. While this type of bikeway is least expensive to install, it is the most hazardous. Class III bikeways are currently provided along:
• Serramonte Boulevard west of Callan Boulevard and in the vicinity of Gellert Boulevard • Hickey Boulevard
• Callan Boulevard between Southgate Avenue and Serramonte Boulevard Pedestrian Facilities
Pedestrian facilities in the vicinity of the Precise Plan area include sidewalks, crosswalks, and pedestrian signals. All local, collector, and arterial roads provide crosswalks on at least one side of the roadway. All signalized intersections either provide a marked crosswalk, or, in the case of threelegged intersections, a continuing sidewalk on the missing approach. Sidewalks are provided on both sides of all nearby roadways, with the exception of Serramonte Boulevard between Callan Boulevard and south entrance to Serramonte Center and portions east of Gellert Boulevard, Junipero Serra Boulevard south of Serramonte Boulevard, and the majority of Hickey Boulevard east of Gellert Boulevard, which provide sidewalks on one side of the roadway.

Vehicle Miles Traveled
VMT was modeled using the C/CAG-VTA travel demand model, which covers the entire ninecounty MTC region and provides information regarding the characteristics of home-based vehicle trips made by residents throughout the Bay Area. More information on the assumptions and methodology behind the modeling of existing VMT is provided in Appendix L. The C/CAG-VTA

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Serramonte Del Rey Campus Redevelopment 175 Draft EIR
City of Daly City June 2023
travel demand model indicates that the average Bay Area VMT per resident is 14.6, and the countywide VMT per resident is 13.6.

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

3.17.2 Impact Discussion
For the purpose of determining the significance of the project’s impact on transportation, would the project:
1) Conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadways, bicycle lanes, and pedestrian facilities? 2) Conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b)? 3) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? 4) Result in inadequate emergency access?

3.17.2.1 Project Impacts
Impact TRN-1: The project would not conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadways, bicycle lanes, and pedestrian facilities. (Less than Significant Impact) Circulation System
The City of Daly City does not currently have an adopted VMT policy. Per SB 743, the City’s LOS standards cannot be used in CEQA analysis for transportation impacts, although any physical improvements to the roadway system to maintain acceptable LOS must be evaluated as physical changes to the environment related to the project. A summary of the project’s consistency with City LOS standards is discussed in Section 3.17.3 Non-CEQA, below. The project’s VMT impact is discussed in Impact TRN-2.

Vehicles would access the project site through a northern access point at the intersection of Serramonte Boulevard and the Highway 1 on-ramps, or through a southern access point accessible from Hickey Boulevard via Campus Drive. The project proposes the following improvements to the Serramonte Boulevard/Highway 1 intersection:
• Installation of traffic signal
• Installation of high-visibility crosswalks on all four legs

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• Installation of ADA compliant curb ramps and associated sidewalk improvements in the intersection’s four corners
• Installation of Class II bike-lanes on the north and south sides of Serramonte Boulevard at the Highway 1 Ramps/Entry Drive intersection consistent with the concepts presented in WalkBike Daly City • Restriping the eastbound approach to include dedicated left and shared through-right turn lanes
• Restriping the westbound approach to include a 200-foot-long left turn pocket into the project site and a shared through-right turn lane
• Restriping the southbound (off-ramp) approach to include dedicated left and shared throughright turn lanes • Provision of a shared bike-lane/bus stop in the intersection’s southwest corner • Provision of a shared cycle track bus stop in the intersection’s northwest corner, consistent with the concepts presented in Walk-Bike Daly City
• Elimination of the westbound left turn lane on Serramonte Boulevard into the removed property driveway across from Kent Court
Implementation of the improvements identified above would be considered an improvement to existing conditions as it would increase vehicle, bicycle, and pedestrian safety. In addition, all the improvements identified above would be constructed within the existing right-of-way and no expansion of roadways would be necessary. Limited tree trimming or removal would be required for some of the improvements; however, any street trees removed would be replaced in accordance with the City’s Urban Forestry Ordinance (see Impact BIO-5 in Section 3.4 Biological Resources). Thus, the construction of these improvements would not result in any significant environmental impacts.

As shown in Figure 2.2-5, the Precise Plan’s internal public roadway network would consist of Entry Drive, which would extend south to North Drive, which would branch off into East and West Drive, each of which would extend south to Campus Drive. Entry Drive would be a four-lane roadway, while all other drives would be two lanes. An intersection operations analysis was conducted for the internal roadways that concluded that all intersections and driveways would operate at LOS A or B, indicative of acceptable traffic operations (refer to Appendix L).

Transit Services
Implementation of the proposed project (including the Parcel A development project) would introduce 3,403 net new residents to the project site in comparison with planned development levels (refer to the discussion in Section 3.14.2.1 under Impact POP-1) and would generate approximately 170 new transit users.84 It is not anticipated that the increase in transit users would exceed the capacity of existing bus and BART services within the project area.

As discussed under Section 3.17.1.1 Regulatory Framework above, SamTrans routes 24 and 120 operate along Serramonte Boulevard with stops located on both sides of Serramonte Boulevard. The 84 Assumes five percent of residents use public transit. Source: U.S. Census Bureau. Commuting by Public Transportation in the United States: 2019. April 2021.

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Parcel A Development project was recently completed and installed bus stop amenities, including improved sidewalks and a new bus shelter on Serramonte Boulevard. The project proposes to complete sidewalk corner improvements and install crosswalks at all four legs of the Serramonte Boulevard/Entry Drive/Highway 1 intersection, which would improve access to existing transit facilities. Beyond these improvements, the project does not propose any modifications to existing transit circulation system (roadways, sidewalks, etc.) that could conflict with existing or planned transit services.

Based on the above, the proposed project would not conflict with a program, plan, ordinance or policy regarding transit services.

Bicycle and Pedestrian Facilities
Planned improvements to the existing bicycle and pedestrian circulation systems are identified in the City’s General Plan and Walk Bike Daly City (refer to Section 3.17.1.1 Regulatory Framework).

Various General Plan policies and actions have been adopted to implement planned improvements and ensure that future developments do not impact existing and future bicycle and pedestrian facilities.

As discussed in Section 3.17.1.2 Existing Conditions, Class II and Class III bicycle facilities are located adjacent to the project site and within the project vicinity. The bicycle facilities within the vicinity of the project site would remain unchanged post-implementation of the project, and the project would not result in increases to cyclists that would exceed the carrying capacity of existing facilities. Consistent with General Plan Policies CE-13 and CE-20, the project proposes to provide Class I, Class II, and Class III bicycle facilities on interior roadways within the project site and Class II bicycle facilities along eastbound and westbound Serramonte Boulevard that would improve bicycle access to and from the site. Additionally, the project would be consistent with the City’s bicycle parking requirements. As discussed under Impact TRN-3 below, implementation of MM TRN-3.2 would ensure that the proposed right-in right-out driveway on Serramonte Boulevard would allow bicycles to cross safely.

The project proposes to improve pedestrian facilities at the Serramonte Boulevard/Highway 1 intersection by installing high visibility crosswalks on all four approaches along with ADA compliant ramps and associated sidewalk improvements at all four corners. Otherwise, implementation of the project would leave pedestrian facilities adjacent and within the project vicinity unchanged.

Consistent with General Plan Policies CE-13, CE-16, CE-20 and Tasks CE-16.9, CE-20.1, and CE20.7, implementation of the project would provide sidewalks on both sides of all internal roadways and high-visibility crosswalks at all internal stop-controlled intersections, as well as on the three legs of the proposed roundabout, which would improve pedestrian access to and from the site.

Implementation of MM TRN-3.2 would ensure that the proposed right-in right-out driveway on Serramonte Boulevard would allow pedestrians to cross safely.

Based on the above, the proposed project would not conflict with a program, plan, ordinance or policy regarding bicycle and/or pedestrian facilities. (Less than Significant Impact)

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Serramonte Del Rey Campus Redevelopment 178 Draft EIR
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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)
For purposes of this analysis, the City of Daly City is relying on the guidelines provided in OPR’s Technical Advisory on Evaluating Transportation Impacts in CEQA (dated December 2018), and uses a threshold of 15 percent below the baseline regionwide (the nine-county San Francisco Bay Area) and countywide (San Mateo County) average home-based VMT per resident. As discussed in Section 3.17.1.2 Existing Conditions, the regionwide VMT per resident is 14.6, and the countywide VMT per resident is 13.6. As the significance threshold is 15 percent below these averages, the corresponding regionwide threshold is 12.4 VMT per resident, and the corresponding countywide threshold is 11.6 VMT per resident.

Consistent with OPR’s Technical Advisory, since the retail component of the proposed project is expected to redistribute shopping trips rather than create new trips (i.e., people will drive to the closest retail store, thereby reducing VMT), the proposed retail uses are presumed to have a less than significant VMT impact.

The VMT generated by the residential component of the project was modeled using the same C/CAG-VMT travel demand model used to determine the VMT generated by the existing development. More information on the methodology used to determine the project’s VMT impacts can be found in Appendix L of this EIR. The project’s total VMT per resident (including the Parcel A development project), in comparison with the existing VMT per resident and the significant thresholds identified above, is shown below in Table 3.17-1.

Table 3.17-1: Precise Plan VMT per Resident
Level of
Analysis
Existing VMT
per resident
Significance
Threshold1
Precise Plan
VMT per
resident
Significant
Impact?2
Countywide 13.6 11.6 12.0 Yes
Regionwide 14.6 12.4 12.0 No
Notes:
1 The significant threshold is 15 percent below the existing VMT per resident. 2 Significant impacts shown in bold.

Source: Fehr & Peers, Inc. Transportation Impact Assessment for the Serramonte Del Rey Precise Plan. July 2022.

As shown above in Table 3.17-1, the residential component of the project is projected to generate 12 VMT per resident, which is below the regionwide significance threshold of 12.4 VMT per resident, but in excess of the countywide threshold of 11.6 VMT per resident.

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Mitigation Measures:

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.

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 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

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Serramonte Del Rey Campus Redevelopment 180 Draft EIR
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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 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.

Based on current literature regarding project-level TDM strategies, implementation of MM TRN-2.1 would result in an approximately 20 percent reduction in the project’s VMT per resident. 85 Thus the
project’s VMT per resident would be reduced from 12 to 10.8 VMT per resident, which is below the countywide significance threshold of 11.6 VMT per resident. Therefore, with implementation of MM TRN-2.1, the project would be consistent with CEQA Guidelines Section 15064.3(b). (Less than Significant Impact with Mitigation Incorporated)
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)
Construction Traffic
Buildout of the project would be phased and occur over the course of eight to 15 years. Construction staging and worker parking would occur on-site, and construction trucks would access the site via the northern and southern access points. The presence of construction truck and worker vehicle traffic on-site concurrent with operation of existing and adjacent uses could create potential safety conflicts with public transit, vehicles, bicycle, and pedestrian traffic.

Mitigation Measures:

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 85 Fehr & Peers. Transportation Impact Assessment Serramonte Del Rey Precise Plan. July 2022. Pages 37-38.

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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 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 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.

With implementation of MM TRN-3.1, safety conflicts between construction traffic and public transit, vehicles, bicycle, and pedestrian traffic would be reduced to a less than significant level.

Geometric Design
As discussed under Impact TRN-1, vehicles would access the project site through a northern access point at the intersection of Serramonte Boulevard and the Highway 1 on-ramps, or through a southern access point accessible from Hickey Boulevard via Campus Drive. The project would also include a right-in/right-out driveway onto Serramonte Boulevard approximately 200 feet east of Entry Drive; this driveway would provide access to the Parcel B garage. Since the driveway to the Parcel B garage as designed would be unsignalized, it could potentially conflict with vehicle, bicycle, and pedestrian traffic on Serramonte Boulevard.

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Mitigation Measure:

MM TRN-3.2: As part of the Parcel B Development project’s final design, details of the Serramonte Boulevard parking garage driveway design would include the following as determined necessary by the City Traffic Engineer:
• Measures to prohibit vehicular left-turns – either through the installation of a hard concrete median, vertical delineators, or alternative means. • Adequate sight distance – obstructions to sight distance for all users should not be placed adjacent to the driveway and adequate throat distance to the garage entry should be provided accordingly.
• Pedestrian and bicycle warning measures – adequate warning measures for pedestrians and bicycles should be provided on Serramonte Boulevard, including the installation of tactile domes on the sidewalk and green hatched bike lane striping on the roadway.
• The Parcel B driveway along Serramonte Blvd. shall provide satisfactory separation distance from the intersection of Serramonte Blvd. and Highway 1 on- and off-ramps to address merging and any turning movements. • A separate traffic study shall be conducted to determine if a new traffic signal at the Parcel B driveway is warranted. The results of the study will affect the City’s determination on whether a driveway entry and exit shall be permitted along Serramonte Blvd.

Implementation of MM TRN-3.2 would ensure that vehicles exiting the driveway would have adequate sight distance and would not be able to make illegal left-turns which could create hazards for other vehicles, bicycles, and pedestrians. Additionally, MM TRN-3.2 would alert vehicles entering and exiting the driveway of the presence of bicycles and pedestrians. As such, implementation of MM TRN-3.2 would ensure that the proposed driveway does not substantially increase hazards.

The project also proposes to construct residential buildings that would each have their own gated parking garages, which residents would be able to access through the use of a keycard or equivalent technology. Queues at these parking garages could conflict with bicycle and pedestrian facilities if not designed properly.

Mitigation Measure:

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

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submitted to the City Engineer with planning/building permit for review and approval.

Implementation of MM TRN-3.3 would ensure that entrances with adequate storage capacity are provided at each residential garage, which in turn would prevent vehicle queuing backing up into bicycle and pedestrian facilities. Accordingly, with implementation of MM TRN-3.3, the proposed residential garages would not increase hazards.

Incompatible Land Uses
Implementation of the project would redevelop the project site with residential and commercial uses.

As shown on Figure 2.2-3, residential uses are present to the south, west, and north, and commercial uses are present to the northeast. Therefore, the Precise Plan does not propose any uses incompatible with the surrounding area that could result in increased hazards. (Less than Significant Impact with Mitigation Incorporated)
Impact TRN-4: The project would not result in inadequate emergency access. (Less than Significant Impact with Mitigation Incorporated)
Emergency vehicles would access the project site via the northern access point at the intersection of Serramonte Boulevard and the Highway 1 on-ramps, or via the southern access point accessible from Hickey Boulevard via Campus Drive. The northern access point would provide two travel lanes in each direction, while the southern access point would provide one travel lane in each direction. In order to ensure that emergency vehicles have adequate access to and within the project site, the project would be required to implement the following mitigation measures.

Mitigation Measure:

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 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.

Implementation of MM TRN-4.1 would ensure that the streets used by emergency vehicles to access the Precise Plan area are in good condition and facilitate the safe and efficient movement of emergency vehicles. As part of the review process, the North County Fire Authority would confirm that adequate emergency vehicle access is provided to each parcel and individual building within the Precise Plan area. (Less than Significant Impact with Mitigation Incorporated)

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3.17.2.2 Cumulative Impacts
Impact TRN-C: The project would not result in a cumulatively considerable contribution to a cumulatively significant transportation impact. (Less than Significant Cumulative Impact with Mitigation Incorporated)
The current General Plan and 1985 Precise Plan allow up to 175 residential units and approximately 700,000 square feet of office space within the boundaries of the Precise Plan. The daily trip generation for this amount of development would be approximately 8,099 daily trips.86 In comparison, the proposed project would generate approximately 8,433 net new trips, which results in a difference of 334 additional trips. Therefore, the project would result in a greater VMT than what is expected for the project site under the current General Plan. However, as discussed under Impact TRN-2 above, the project’s VMT per resident would be reduced from 12 to 10.8 VMT per resident with implementation of MM TRN-2.1, which is below the countywide significance threshold of 11.6 VMT per resident. Therefore, the project would not have a cumulatively considerable contribution to a significant cumulative VMT impact.

The projects listed under Table 3.0-1 would be required to comply with state, regional, and local regulations addressing safe project design, emergency access, and roadway, transit, bicycle, and pedestrian facilities. Therefore, the projects would not combine to form a significant cumulative transportation impact. (Less than Significant Cumulative Impact with Mitigation Incorporated)

3.17.3 Non-CEQA Effects
With the advent of SB 743 (refer to Section 3.17.1.1 Regulatory Framework), the effect of a project on automobile delay is no longer considered an impact on the environment. Nonetheless, local agencies retain their right to assess and regulate a project’s impact on the circulation system outside of the CEQA process. In accordance with General Plan Policy CE-1.3 and the County’s CMP, the TIA prepared by Fehr & Peers (refer to Appendix L) included an analysis of non-CEQA transportation issues, including intersection operations and parking.

Intersection Operations
Pursuant to the City of Daly City General Plan’s Circulation Element, a project is considered to violate the City’s LOS policy when the addition of project traffic degrades an existing intersection’s operation from acceptable LOS (D or better) to unacceptable LOS (E or F), or adds substantial traffic to intersections already operating at LOS E or F. In the event a project causes an LOS deficiency, the City has discretion whether to require a project to address the deficiency by implementing roadway or other transportation improvements to restore or improve the level of service, and the relevant question under CEQA now that LOS degradation is not considered an environmental impact is whether those improvements would result in adverse physical changes to the environment, not whether LOS has degraded below the condition considered acceptable. 86 Multifamily Housing Units (Land Use Code 220): 175 dwelling units x 7.32 = 1,281 daily trips. General Office (Land Use Code 710): 700,000 square feet/1,000 x 9.74 = 6,818 daily trips. Total daily trips = 8,099. Source:

Institute of Transportation Engineers. Trip Generation Manual (10th Edition). 2017.

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In accordance with standard City practice and methodology, the project’s effect on LOS was analyzed at the following 15 intersections during the weekday morning (7:00 a.m. to 9:00 a.m.) and evening (4:00 p.m. to 6:00 p.m.) peak periods:
• Highway 1 Ramps/Clarinada Avenue
• Callan Boulevard/Clarinada Avenue
• St. Francis Boulevard/Serramonte Boulevard
• Highway 1 Ramps-Project Driveway/Serramonte Boulevard • Callan Boulevard/Serramonte Boulevard (Signalized)
• Gellert Boulevard/Serramonte Boulevard (Signalized)
• I-280 Southbound Ramps/Serramonte Boulevard (Signalized) • I-280 Northbound Ramps/Serramonte Boulevard (Signalized) • Junipero Serra Boulevard/Serramonte Boulevard (Signalized) • Skyline Boulevard/Hickey Boulevard (Signalized)
• Hickey Boulevard/Campus Drive (Signalized)
• Callan Boulevard/Hickey Boulevard (Signalized)
• Gellert Boulevard/Hickey Boulevard (Signalized)
• I-280 Southbound Ramps/Hickey Boulevard (Signalized)
• I-280 Northbound Ramps/Hickey Boulevard (Signalized)
Trip Generation
The number of vehicle trips that would be generated by the project were estimated using trip generation rates from the Institute of Transportation Engineers (ITE) Trip Generation Manual, 10th Edition. Project trip generation estimates are presented in Table 3.17-2 below.

Table 3.17-2: Summary of Project Trip Generation
Land Use Daily
Trips
AM Peak Hour PM Peak Hour
In Out Total In Out Total
Multifamily Housing
(1,113 dwelling units)1 8,147 118 394 512 393 231 624
Retail (14,000 square
feet)2 529 8 5 13 26 28 54
Mixed-Use Reduction
(15 percent)3 -79 -1 -1 -2 -4 -4 -8
Subtotal Project Trips 8,597 125 398 523 415 255 670
Existing Trips4 -1,053 -115 -78 -193 -71 -108 -179
Parcel A Development
Project (122 dwelling
units)
889 12 80 92 53 13 69

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Table 3.17-2: Summary of Project Trip Generation
Land Use Daily
Trips
AM Peak Hour PM Peak Hour
In Out Total In Out Total
Total Net New Trips 8,433 22 400 422 399 160 559
Notes:
1 Multifamily Housing (ITE Land Use Code 220) Daily Rate: 7.32; AM rate: 0.46 (23% in/77% out); PM rate:

0.56 (63% in/37% out)
2 Shopping Center (ITE Land Use Code 820) Daily Rate: 37.75; AM rate: 0.94 (62% in/38% out); PM rate:

3.81 (48% in/52% out)
3 Internal Trip Capture – 15% of Retail Trips Associated with Residential Users (ITE Trip Generation Handbook, 3rd Edition)
4 Based on existing driveway counts and trip generation estimates of existing uses to be removed.

Source: Fehr & Peers. Transportation Impact Assessment for the Serramonte Del Rey Precise Plan. July 2022.

Extensive detail about the Non-CEQA LOS analysis, including methodology, trip distribution, trip assignment, and City standards is included in Appendix L.

Existing and Existing Plus Project Conditions
Under existing plus project (full Precise Plan buildout) conditions, three intersections would violate the City’s LOS policy (see Table 3.17-3 below). All other intersections would operate at acceptable levels (see Appendix L for additional intersection calculations).

Table 3.17-3: Existing Plus Project Intersection LOS at Adversely Affected Intersections Intersection Peak
Hour1
Existing Existing Plus Project
Delay2 LOS Delay2 LOS
Highway 1/Clarinada
Avenue*
AM 13.2 B 14.2 B
PM 41.4 E 45.9 E
Highway 1/Serramonte
Boulevard*
AM 24.6 C 45.3 E
PM 19.2 C 58.8 F
Callan Boulevard/Hickey
Boulevard
AM 24.9 C 25.1 C
PM 54.5 D 63.4 E
Notes:
1 AM = Weekday morning peak hour (7:00-9:00 a.m.); PM = Weekday afternoon peak hour (4:00-6:00 p.m.) 2 Whole intersection average delay reported for signalized and all-way stop controlled intersections. Delay calculated per HCM 6th methodologies.

Bolded text indicates unacceptable operations pursuant to City standards. Bolded and underlined text indicates Project-related policy violation.
* Indicates an unsignalized intersection.

Source: Fehr & Peers. Transportation Impact Assessment for the Serramonte Del Rey Precise Plan. July 2022.

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The following improvements would reduce project-related violations of the City’s LOS policy under existing plus project conditions and could be accommodated within the existing right-of-way. In addition, the following improvements would be required to implement all construction-related standard permit conditions, conditions of approval, and mitigation measures identified in this EIR.

Thus, construction of the improvements would have a less than significant impact on the environment.

Highway 1/Clarinda Avenue Improvement: Installation of a traffic signal is currently warranted at this intersection prior to the addition of any project traffic (including Parcel A traffic). The addition of project traffic would increase delay at this location while functioning at LOS E. The installation of a traffic signal at this location would result in acceptable operations (LOS A during both the morning and evening peak hours).

Highway 1/Serramonte Boulevard Improvement: Installation of a traffic signal is currently warranted at this intersection prior to the addition of any project traffic (including Parcel A traffic).

While current volumes meet signal warrants, the intersection functions at an acceptable level of service prior to the addition of project traffic (LOS C in the AM and PM peak hours). The addition of project traffic would increase delay at this location and result in the level of service deteriorating to LOS E and F during the morning and evening peak hours, respectively. The installation of a traffic signal at this location would result in acceptable operations (LOS B during both the morning and evening peak hours).

Callan Boulevard/Hickey Boulevard Improvement: Stripe an exclusive westbound right-turn lane on the Hickey Boulevard approach to Callan Boulevard. This modification would be accomplished within the existing roadway cross section through the elimination of on-street parking for approximately 200 feet approaching the intersection. This modification would result in acceptable intersection operations within the City’s LOS policy during the affected PM peak hour.

Cumulative and Cumulative Plus Project Conditions
Under cumulative plus project conditions, seven intersections would violate the City’s LOS policy (see Table 3.17-4 below). All other intersections would operate at acceptable levels (see Appendix L for additional intersection calculations).

Table 3.17-4: Cumulative Plus Project Intersection LOS at Adversely Affected Intersections Intersection Peak
Hour1
Cumulative Cumulative Plus Project
Delay2 LOS Delay2 LOS
Highway 1/Clarinada
Avenue*
AM 18.0 C 21.8 C
PM 60.3 F 72.1 F
Callan Boulevard/
Clarinada Avenue*
AM 21.7 C 24.3 C
PM 69.6 F 86.7 F
Highway 1/Serramonte
Boulevard*
AM 49.6 E 115.0 F
PM 56.1 F 129.6 F

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Table 3.17-4: Cumulative Plus Project Intersection LOS at Adversely Affected Intersections Intersection Peak
Hour1
Cumulative Cumulative Plus Project
Delay2 LOS Delay2 LOS
Gellert Boulevard/
Serramonte Boulevard
AM 17.0 B 17.8 B
PM 53.1 D 69.2 E
Junipero Serra Boulevard/
Serramonte Boulevard
AM 35.4 D 36.9 D
PM 87.5 F 88.1 F
Skyline Boulevard/
Hickey Boulevard
AM 32.8 C 45.5 D
PM 77.9 E 85.5 F
Callan Boulevard/Hickey
Boulevard
AM 38.5 D 38.5 D
PM 112.9 F 129.5 F
Notes:
1 AM = Weekday morning peak hour (7:00-9:00 a.m.); PM = Weekday afternoon peak hour (4:00-6:00 p.m.) 2 Whole intersection average delay reported for signalized and all-way stop controlled intersections. Delay calculated per HCM 6th methodologies.

Bolded text indicates unacceptable operations pursuant to City standards. Bolded and underlined text indicates Project-related policy violation.
* Indicates an unsignalized intersection.

Source: Fehr & Peers. Transportation Impact Assessment for the Serramonte Del Rey Precise Plan. July 2022.

The following improvements would reduce project-related violations of the City’s LOS policy under cumulative plus project conditions and could be accommodated within the existing right-of-way. In addition, the following improvements would be required to implement all construction-related standard permit conditions, conditions of approval, and mitigation measures identified in this EIR.

Thus, construction of the improvements would have a less than significant impact on the environment.

Highway 1/Clarinada Avenue Improvement: Installation of a traffic signal. This improvement was identified as a remedy for existing plus Project conditions; it would also eliminate the Cumulative plus Project violation of the City’s LOS policies. The addition of project traffic to cumulative conditions would increase delay at this location while functioning at LOS F. The installation of a traffic signal at this location would result in acceptable operations (LOS B or better during both the morning and evening peak hours).

Highway 1/Serramonte Boulevard Improvement: Installation of a traffic signal. This improvement was identified as a remedy for Existing plus Project conditions; it would also eliminate the Cumulative plus Project violation of the City’s LOS policies. The addition of project traffic to cumulative conditions would increase delay at this location while functioning at LOS F in the PM peak hour and a degradation from LOS D to E in the AM peak hour. The installation of a traffic signal at this location would result in acceptable operations (LOS B under Existing plus Project conditions and LOS C under Cumulative plus Project conditions during both the morning and evening peak hours).

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Callan Boulevard/Clarinada Avenue Improvement: Installation of a traffic signal would be warranted at this intersection under cumulative conditions prior to the addition of project traffic. The addition of project traffic to the cumulative scenario would increase delay at this location while functioning at LOS F during the PM peak hour. The installation of a traffic signal at this location would result in acceptable operations (LOS B during both the morning and evening peak hours) under Cumulative plus Project conditions.

Gellert Boulevard/Serramonte Boulevard Improvement: Optimize the intersection’s traffic signal timing by increasing the cycle length to 120 seconds and optimizing splits to provide more time to the EB and WB approaches. This modification would improve the intersection’s operation to better than pre-project levels in the cumulative condition during the PM peak hour where the policy violation was identified.

Junipero Serra Boulevard/Serramonte Boulevard Improvement: Optimize the intersection’s traffic signal timing by increasing the cycle length to 130 seconds and optimizing splits to provide more time to all approaches. This modification would improve the intersection’s operation to better than pre-project levels in the cumulative condition during the PM peak hour where the policy violation was identified.

Skyline Boulevard/Hickey Boulevard Improvement: Optimize the intersection’s traffic signal timing by increasing the cycle length to 130 seconds and optimizing splits to provide more time to all approaches. This modification would improve the intersection’s operation to better than pre-project levels in the cumulative condition during the PM peak hour where the policy violation was identified.

Callan Boulevard/Hickey Boulevard Improvement: Stripe an exclusive westbound right turn lane on the Hickey Boulevard approach to Callan Boulevard. This modification would be accomplished within the existing roadway cross section through the elimination of on-street parking for approximately 200 feet approaching the intersection. This improvement was identified as a remedy for Existing plus Project conditions. This modification would improve the intersection’s operation to better than pre-project levels in the cumulative condition during the PM peak hour where the policy violation was identified. Optimize the intersection’s traffic signal timing by shortening the cycle length to 120 seconds and optimizing splits. This modification would improve the intersection’s operation to better than pre-project levels in the cumulative condition during the PM peak hour where the policy violation was identified.

Parking
Pursuant to Daly City Municipal Code Section 17.34.020, the City requires one parking space per studio/junior one-bedroom unit, 1.5 spaces per one-bedroom unit, two spaces for every unit with two bedrooms or more, and one parking space per 300 square feet of retail space, which equates to a City code requirement of 2,052 residential spaces and 47 retail spaces. 87 The proposed project would
construct a total of 1,853 residential spaces and 70 retail spaces, which would be 199 parking spaces below the minimum number of Code required residential parking spaces. 87 Buildout of the project is assumed to have a unit mix of 188 studio/junior one-bedroom units, 461 one-bedroom units, 586 two-bedroom units, and 14,000 square feet of retail space.

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The project’s residential parking requirements were also calculated using The Institute of Transportation Engineer’s (ITE) Parking Generation Manual, 5th Edition. ITE uses a rate of 1.23 and

1.37 parking spaces per low- to mid-rise apartments and high-rise apartments, respectively.88 Based on these generation rates, the project would generate a residential parking demand of 1,519 to 1,692 spaces. As discussed above, the proposed project would provide 1,853 residential parking spaces, which would exceed the ITE generation rates.
88 Institute of Transportation Engineer’s. Parking Generation Manual, 5th Edition. 2018.

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3.18 TRIBAL CULTURAL RESOURCES
The following discussion is based, in part, on a Cultural Resources Study prepared for the project by Tom Origer & Associates, dated February 26, 2021. A copy of this report is on file at the City of Daly City Planning Division.

3.18.1 Environmental Setting

3.18.1.1 Regulatory Framework
State
Senate Bill 18
The intent of SB 18 is to aid in the protection of traditional tribal cultural places through local land use planning by requiring city governments to consult with California Native American tribes on projects which include adoption or amendment of general plans (defined in Government Code Section 65300 et seq.) and specific plans (defined in Government Code Section 65450 et seq.). SB 18 requires local governments to consult with tribes prior to making certain planning decisions and to provide notice to tribes at certain key points in the planning process.

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

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

3.18.1.2 Existing Conditions
As discussed in Section 3.5 Cultural Resources, based on a site-specific records search and literature review, there are no known archaeological sites on the project site or nearby. The NAHC was contacted on December 29, 2020 to conduct a Sacred Lands File search. On January 19, 2021, the NAHC responded and determined there were no known sacred lands on the project site or within the project area. The NAHC provided a list of five Native American organizations to reach out to for additional information. These organizations were contacted on December 29, 2020 and February 25, 2021. No responses were received from any of the organizations.

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On June 30, 2021, the City sent out notifications to the Amah Mutsun Tribal Band of Mission San Juan Bautista, Costanoan Rumsen Carmel Tribe, Indian Canyon Mutsun Band of Costanoan, Muwekma Ohlone Indian Tribe of the San Francisco Bay Area, and Ohlone Indian Tribe per SB 18 and AB 52. No responses were received from any of the tribes within 90 days of notice; therefore, tribal consultation was determined to be concluded as of September 28, 2021.

3.18.2 Impact Discussion
For the purpose of determining the significance of the project’s impact on tribal cultural resources, would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code Section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
1) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code Section 5020.1(k)? 2) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1? In applying the criteria set forth in subdivision (c) of Public Resources Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe.

3.18.2.1 Project Impacts
Impact TCR-1: The project would not cause a substantial adverse change in the significance of a tribal cultural resource that is listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code Section 5020.1(k). (Less than Significant Impact with Mitigation Incorporated)
As documented under Section 3.18.1.2 Existing Conditions, there are no known TCRs within the Precise Plan area. As discussed in Section 3.5 Cultural Resources, the project site has a moderate potential to encounter subsurface tribal cultural resources. Construction-related ground disturbing activities could result in a significant impact to such resources if encountered. In the event that an inadvertent discovery of a tribal cultural resource is made, mitigation measures MM CUL-2.1, MM CUL-2.2, and MM CUL-3.1 would be implemented. Implementation of these mitigation measures would ensure that any subsurface tribal cultural resources encountered during construction are appropriately treated and protected. (Less than Significant Impact with Mitigation Incorporated)

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Impact TCR-2: The project would not cause a substantial adverse change in the significance of a tribal cultural resource that is determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. (Less than Significant Impact with Mitigation Incorporated) See response to Impact TCR-1 above. (Less than Significant Impact with Mitigation Incorporated)

3.18.2.2 Cumulative Impacts
Impact TCR-C: The project would not result in a cumulatively considerable contribution to a cumulatively significant tribal cultural resources impact. (Less than Significant Cumulative Impact with Mitigation Incorporated) As discussed under Impact TCR-1, there are no known TCRs on the project site. In the event an unknown TCR is discovered, the mitigation measures identified in Section 3.5 Cultural Resources would reduce impacts to a less than significant level. The projects listed under Table 3.0-1 would be required to comply with state, regional, and local regulations addressing TCRs. Therefore, the projects would not combine to form a significant cumulative tribal cultural resources impact. (Less than Significant Cumulative Impact with Mitigation Incorporated)

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3.19 UTILITIES AND SERVICE SYSTEMS
The following discussion is based, in part, on a Water Supply Assessment (WSA) and hydraulic analysis prepared by Brown and Caldwell, dated December 2021 and September 2021, and a sanitary sewer capacity evaluation memo prepared by Woodard & Curran, dated October 2021. Copies of these reports are attached to this EIR as Appendix M, Appendix N, and Appendix O respectively.

3.19.1 Environmental Setting

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

Senate Bill 610
SB 610 amended state law, effective January 1, 2002, to improve the link between information on water supply availability and certain land use decisions made by cities and counties. SB 610 requires preparation of a WSA containing detailed information regarding water availability to be provided to the decision-makers prior to approval of specified large development projects that also require a General Plan Amendment. This WSA must be included in the administrative record that serves as the evidentiary basis for an approval action by the city or county on such projects. Under SB 610, WSAs must be furnished to local governments for inclusion in any environmental documentation for certain projects subject to CEQA. Pursuant to the California Water Code (Section 10912[a]), projects that require a WSA include any of the following:
• A proposed residential development of more than 500 dwelling units; • A proposed shopping center or business establishment employing more than 1,000 persons or having more than 500,000 square feet of floor space;
• A proposed commercial office building employing more than 1,000 persons or having more than 250,000 square feet of floor space;
• A proposed hotel or motel, or both, having more than 500 rooms; • A proposed industrial, manufacturing, or processing plant, or industrial park planned to house more than 1,000 persons, occupying more than 40 acres of land, or having more than 650,000 square feet of floor area;
• A mixed-use project that includes one or more of the projects identified in this list; or • A project that would demand an amount of water equivalent to, or greater than, the amount of water required by a 500 dwelling unit project.

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

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

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

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

California Green Building Standards Code
The California Green Building Standards Code (CALGreen) establishes mandatory green building standards for all buildings in California. The code covers five categories: planning and design, energy efficiency, water efficiency and conservation, material conservation and resources efficiency, and indoor environmental quality. These standards include the following mandatory set of measures, as well as more rigorous voluntary guidelines, for new construction projects to achieve specific green building performance levels:
• Reducing indoor water use by 20 percent;
• Reducing wastewater by 20 percent;
• Recycling and/or salvaging 50 percent of nonhazardous construction and demolition debris; and
• Providing readily accessible areas for recycling by occupants.

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

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

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

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

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

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

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

Task RME-4.1 Develop a water supply questionnaire for inclusion with any application involving 50 or more residential units, 50,000 square feet or commercial or industrial development, or other pre-defined development intensity that constitutes a significance threshold under CEQA.

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

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

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

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

Policy IN-3.7 Design new projects to minimize potential damage due to stormwaters and flooding to the site and other properties.

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

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

Chapter 15.64, Recycling and Diversion of Construction and Demolition Debris establishes that sixty percent of waste tonnage from construction, demolition, and alteration projects shall be diverted from disposal. This may be accomplished by delivering mixed debris to a recycling facility approved by the city, separating recyclables at the job site and delivering them to reuse and recycling facilities approved by the city, and/or reusing concrete or other waste materials at the jobsite. All new construction projects greater than twenty-five thousand dollars and all complete demolition projects within the city shall comply with the provisions of this chapter.

Daly City Sewer System Management Plan
The purpose of the Sewer System Management Plan (SSMP) is to provide guidance to the City in the operation, maintenance, and rehabilitation of the sewer assets of the City of Daly City. The SSMP includes construction standards and specifications for the installation and repair of the collection system and its associated infrastructure.

3.19.1.2 Existing Conditions
Water Service and Supply
Water service to the project site is provided by the Daly City Department of Water and Wastewater Resources (DWWR). The City relies on local groundwater pumping from five municipal wells, which extracts groundwater from the Westside Groundwater Basin, and water supply purchases from the San Francisco Public Utilities Commission (SFPUC).89 The City also uses tertiary recycled water from the North San Mateo County Sanitation District wastewater treatment plant, to offset potable/aquifer water demands. Currently recycled water is used to water five golf courses, two city parks, and road median strips. Recycled water is not a source of water proposed for the project site. 89 Brown and Caldwell. Daly City 2020 Urban Water Management Plan. June 2021. Page 6-8.

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The project site is currently served by a six-inch water main in Serramonte Boulevard and a 10-inch water main in at the northern terminus of Campus Drive and running north through the project site.

The project site used approximately 33,000 gallons per day (gpd) of water in 2020. 90 Sanitary Sewer/Wastewater Treatment
Sanitary sewer lines in the project area are inspected and maintained by the City of Daly City Department of Water and Wastewater Resources. A 10-inch sanitary sewer line is located in Serramonte Boulevard. Wastewater collection and treatment for Daly City is managed by the North San Mateo County Sanitation District (NSMCSD), which is a subsidiary of the City of Daly City.

Wastewater produced within the District is treated at the NSMCSD Treatment Plant (WWTP), which is located at the corner of John Daly Boulevard and Lake Merced Boulevard.

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

The project site currently generates approximately 28,050 gpd of wastewater.91 Storm Drainage
As discussed in Section 3.10 Hydrology and Water Quality, the project site is located within the Colma Creek Watershed which extends from San Bruno Mountain to its outlet at the San Francisco Bay just north of the San Francisco Airport and south of Point San Bruno. The northwest portion of the project has been developed with the approved Parcel A Development project (JUHSD Faculty and Staff Housing project). The northeast corner of the project site (Parcel B) is currently developed with a surface parking lot and portable building units. The southwest corner of the project site is developed with the JUHSD demonstration garden. The remainder of the project site it developed with surface parking lots and buildings. Surface runoff from the project site is collected in area drains and conveyed to a 24-inch storm drain in Serramonte Boulevard that flows to the east.

Solid Waste
Solid waste is collected from Daly City homes and businesses and is processed by Republic Services of Daly City and transferred to the Ox Mountain Sanitary Landfill near Half Moon Bay. In 2001, Browning-Ferris Industries, owner of the Ox Mountain Landfill, obtained a revised solid waste facility permit for Ox Mountain to increase the permitted disposal acreage from 173 acres to 191 acres. According to CalRecycle, the landfill has a remaining capacity of 22,180,000 cubic yards and an estimated closure date of 2034.92
90 Brown and Caldwell. Water Supply Assessment for Jefferson Union High School District Master Plan Project.

December 2021. Page 2-2. 91 Sewage demand is estimated to be 85 percent of potable water demand (0.03 mgy). 92 CalRecyle. 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.

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Electric, Telecommunication, and Natural Gas Facilities Peninsula Clean Energy (PCE) is a public and locally controlled electricity provider for the County of San Mateo. Electricity provided by PCE is delivered through PG&E transmission lines. PG&E supplies natural gas services to the project area. Telecommunication services are also provided through underground infrastructure by various service providers.

3.19.2 Impact Discussion
For the purpose of determining the significance of the project’s impact on utilities and service systems, would the project:
1) Require or result in the relocation or construction of new or expanded water, wastewater treatment or stormwater drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects?
2) Have insufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? 3) Result in a determination by the wastewater treatment provider which serves or may serve the project that it does not have adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments?
4) Generate solid waste in excess of state or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? 5) Be noncompliant with federal, state, or local management and reduction statutes and regulations related to solid waste?

3.19.2.1 Project Impacts
Impact UTL-1: The project would not require or result in the relocation or construction of new or expanded water, wastewater treatment or stormwater drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects. (Less than Significant Impact)
Water
The proposed project would connect to an existing 10-inch water main located in Entry Drive.

Additional 10-inch water mains would be installed along the new streets within the project site.

Water service to the entire project site would be provided via the newly constructed water lines.

Construction of this new water line would be subject to construction-related mitigation measures within this EIR and therefore, would not result in a significant environmental effect.

Wastewater/Sanitary Sewer
The project proposes to connect to the existing 10-inch sanitary sewer line in Serramonte Boulevard and six-inch sewer line in Callan Boulevard. In addition, the project would reroute existing 10-inch

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sewer lines running through the project site to better align with future development under the proposed project. Woodard & Curran estimated the average daily wastewater flow to be generated by the proposed project and its effects on the existing wastewater system (see Appendix O). The proposed project’s wastewater would not cause any capacity deficiencies in the rerouted on-site sewers or in the sewers on Serramonte Boulevard downstream, however, the project flows would contribute to capacity deficient sewers in the Serramonte Center and the 21-inch trunk sewer crossing the I-280 freeway to Junipero Serra Boulevard. The need for a 30-inch relief sewer line parallel to the 21-inch sewer crossing I-280 was identified in the 2009 Collection System Evaluation and Improvement Plan, and the project would be required to contribute a proportional fair share contribution toward the construction of the relief sewer line.

Stormwater Drainage
As discussed in Section 3.10 Hydrology and Water Quality, future development of the proposed Precise Plan would result in an overall increase of 88,545 square feet of impervious surfaces compared to existing conditions; however, the project would be designed to retain stormwater on-site and not exceed pre-project stormwater flows during a 10-year design storm. Thus, future development implementing the proposed Precise Plan, in conformance with applicable regulations, would not result in significant impacts to the storm drain system.

Electricity, Telecommunication, and Natural Gas Facilities The project would tie-in to the existing electricity, telecommunication, and natural gas lines throughout the project site. Any conductor upsizing work would be performed by PG&E as needed.

All project construction associated with relocating existing facilities and extending connections to existing facilities would be subject to the construction-related mitigation measures within this EIR and conditions of approval typically applied to development project entitlements. Therefore, any needed relocation of existing facilities and extension of connections to existing facilities would not result in a significant environmental effect. (Less than Significant Impact) Impact UTL-2: The project would not have insufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years. (Less than Significant Impact)
Based on the WSA prepared for the project, in the event the Bay Delta Plan is implemented,93 water demand would exceed supply in normal, single-dry, and multiple-dry year scenarios by 2023.

Without implementation of the Bay Delta Plan, water demand would not exceed supply in normal, single-dry, and multiple-dry year scenarios through 2045. The project would increase water use on the site by approximately 202,600 gpd.94 The project would result in a population increase that is within the estimated population projections used in the City’s UWMP. The City identifies demand 93 The implementation of the Bay Delta Plan is currently in litigation which creates uncertainty in the available supply for Daly City.
94 Brown and Caldwell. Hydraulic Analysis for the Westlake South Project. April 2021. 712 net new residents x 60 gallons per capita per day = 42,720 gpd; 10,800 sf x 0.0450 gallons per sf per day = 486 gpd. Total project water use estimate: 42,720 gpd + 486 gpd = 43,206 gpd.

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

The General Plan EIR determined that full buildout of the General Plan would generate approximately 6.66 mgd which is below the permitted flow rate of eight mgd, leaving 1.34 mgd of unused capacity at buildout. The project would add approximately 191,793 gpd (0.19 mgd) of wastewater to be treated at the WWTP, or approximately 14 percent of the unused capacity.95 The project, therefore, results in a less than significant increase in wastewater flow. In addition, the WWTP monitors its wastewater to ensure that it meets all requirements and the RWQCB routinely inspects treatment facilities to ensure permit requirements are met. For these reasons, there would be adequate capacity at the WWTP. (Less than Significant Impact) Impact UTL-4: The project would not generate solid waste in excess of state or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals. (Less than Significant Impact)
Waste generation and disposal data for Daly City is maintained by CalRecycle. According to CalRecycle, the total amount of solid waste landfilled from Daly City in 2021 was 45,636 tons.96 The project would generate approximately 530 tons of solid waste per year.97 The Ox Mountain Landfill has a remaining capacity of approximately 22,180,000 cubic yards of solid waste.98 The project would increase solid waste generation in the City by approximately one percent and, therefore, would not generate solid waste in excess of local standards or capacity and would not impair the attainment of solid waste reduction goals. (Less than Significant Impact) 95 Woodard & Curran. Sanitary Sewer Capacity Evaluation for JUHSD Precise Plan. October 2021. Page 2. 96 CalRecycle. “Disposal Rate Calculator”. Accessed August 15, 2022. https://www2.calrecycle.ca.gov/LGCentral/AnnualReporting/DisposalRateCalculator. 97 Illingworth & Rodkin, Inc. Serramonte Del Rey Campus Redevelopment Project Air Quality and Greenhouse Gas Assessment. June 17, 2022. Attachment 2: CalEEMod Modeling Inputs and Outputs. 98 CalRecycle. “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

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Impact UTL-5: The project would not be noncompliant with federal, state, or local management and reduction statutes and regulations related to solid waste. (Less than Significant Impact)
The project would comply with solid waste management and reductions statutes and regulations including CALGreen requirements and Chapter 15.64 of the Daly City Municipal Code for recycling and salvaging of construction and demolition waste. (Less than Significant Impact)

3.19.2.2 Cumulative Impacts
Impact UTL-C: The project would not result in a cumulatively considerable contribution to a cumulatively significant utilities and service systems impact. (Less than Significant Cumulative Impact)
Relocation or construction of new or expanded utility facilities by other projects would also be subject to similar construction-related mitigation measures as the proposed project. The City’s UWMP and the WSA prepared for the project, which accounts for cumulative demand, both concluded the City will have sufficient water supplies to accommodate growth within its service jurisdiction and will meet any potential supply shortfalls experienced during dry year conditions, through a combination of a short-term conservation program. With regard to wastewater treatment, the WWTP has an available capacity of approximately 1.34 mgd after full buildout of the General Plan. The Serramonte Shopping Center Expansion and Seton Medical Center Expansion projects are consistent with the City’s General Plan and, therefore, their wastewater generation is already accounted for. The Serramonte Condominiums and Hotel project would generate approximately 88,660 gdp (0.09 mgd) of wastewater, which could be accommodated by the remaining capacity at the WWTP, in addition to the proposed project. Other projects would also be required to comply with CALGreen and Chapter 15.64 of the Daly City Municipal Code, thereby also reducing their construction and demolition waste by at least 60 percent. As previously discussed, Ox Mountain Landfill has a remaining capacity of approximately 22,180,000 cubic yards and an estimated closure date of 2034. Therefore, the Ox Mountain landfill could sufficiently accommodate the proposed project and the cumulative projects listed in Table 3.0-1. Therefore, the project would not result in a cumulatively considerable contribution to a cumulatively significant utilities and service systems impact. (Less than Significant Cumulative Impact)

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3.20 WILDFIRE

3.20.1 Environmental Setting

3.20.1.1 Existing Conditions
The California Department of Forestry and Fire Protection (Cal Fire) is required by law to map areas of significant fire hazards based on fuels, terrain, weather, and other relevant factors. Referred to as Fire Hazard Severity Zones (FHSZ), these maps influence how people construct buildings and protect property to reduce risk associated with wildland fires. The project site is not located in a FHSZ.99

3.20.2 Impact Discussion
For the purpose of determining the significance of the project’s impact on wildfire, if located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project:
1) Substantially impair an adopted emergency response plan or emergency evacuation plan? 2) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire?
3) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines, or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? 4) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes?

3.20.2.1 Project Impacts
The project site is not located in or near state responsibility areas or lands classified as very high fire hazard severity zones; therefore, the project would not result in wildfire impacts. (No Impact)

3.20.2.2 Cumulative Impacts
The project site is not located in or near state responsibility areas or lands classified as very high fire hazard severity zones; therefore, the project would not result in cumulative wildfire impacts. (No Cumulative Impact)
99 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

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SECTION 4.0 GROWTH-INDUCING IMPACTS
For the purposes of this project, a growth-inducing impact is considered significant if the project would:
• Cumulatively exceed official regional or local population projections; • Directly induce substantial growth or concentration of population. The determination of significance shall consider the following factors: the degree to which the project would cause growth (i.e., new housing or employment generators) or accelerate development in an undeveloped area that exceeds planned levels in local land use plans; or • Indirectly induce substantial growth or concentration of population (i.e., introduction of an unplanned infrastructure project or expansion of a critical public facility (road or sewer line) necessitated by new development, either of which could result in the potential for new development not accounted for in the Daly City 2030 General Plan).

Impact GRO-1: The project would not foster or stimulate significant economic or population growth in the surrounding environment. (Less than Significant Impact) Under the existing General Plan and 1985 Precise Plan, the project site would be allowed to be developed with up to 175 residential units and 700,000 square feet of office uses. Compared to what is allowed by the 1985 Precise Plan, the project would result in a net increase of 1,060 residential units and a net decrease of 684,000 square feet of employment uses (office and retail). This net change in development would result in approximately 3,403 additional residents.100 Compared to the buildout of the General Plan, the project would represent an approximately three percent net increase in the City’s population.101 While the project would result in an increase in population and housing compared to what is allowed in the adopted 1985 Precise Plan and General Plan, the project would be consistent with the City’s goal of maximizing opportunities for higher-density housing (General Plan Policy HE-1 and Policy LU-4) and meeting the City’s RHNA target (General Plan Policy HE-6). In addition, the project would result in a minimal increase in population (three percent increase) compared to the City’s estimated ABAG 2035 population of 115,015. The project, therefore, would not induce growth in an area that is not already planned for increased development.

The project site is located in an urban area on an already developed site that is served by existing infrastructure, including roadways and utilities. The growth resulting from the implementation of the proposed project would incrementally increase the use of existing community service facilities (refer to Sections 3.15 Public Services and 3.16 Recreation). Utility improvements would be sized to serve the proposed development, and would not be sized to have excess capacity that would induce growth in the area. In addition, the project would pay all applicable impact fees and taxes, which would 100 1,235 (number of housing units proposed) minus 175 (number of planned housing units) equals 1,060 housing units. Based on the City’s average number of persons per housing unit (3.21), the 1,060 units would generate 3,403 additional residents. As the majority of employment uses would be eliminated, demand for housing from new businesses was assumed to be zero. Source: State of California, Department of Finance. E-5 Population Estimates for Cities, Counties, and the State—January 1, 2021-2022. May 2022. https://dof.ca.gov/forecasting/demographics/estimates/e-5-population-and-housing-estimates-for-cities-countiesand-the-state-2020-2022/. 101 Buildout of the City’s General Plan would result in 106,388 residents.

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offset fiscal and service impacts to public facilities and services, including police and fire. As a result, growth associated with the implementation of the project would not have a significant impact on community service facilities, nor would it make a cumulatively considerable contribution to such impacts, requiring construction of new facilities that could cause significant environmental effects.

For the reasons discussed above, the project would not result in significant indirect growth-including impacts. (Less than Significant Impact)

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SECTION 5.0 SIGNIFICANT AND IRREVERSIBLE

ENVIRONMENTAL CHANGES
This section was prepared pursuant to CEQA Guidelines Section 15126.2(c), which requires a discussion of the significant irreversible changes that would result from the implementation of a proposed project. Significant irreversible changes include the irretrievable use of nonrenewable resources, the commitment of future generations to similar use, and irreversible damage resulting from environmental accidents associated with the project.

5.1.1 Irretrievable Use of Nonrenewable Resources
During construction and operation of the project, nonrenewable resources would be consumed.

Unlike renewable resources, nonrenewable resources cannot be regenerated over time. Nonrenewable resources include fossil fuels and metals. Renewable resources, such as lumber and other wood byproducts, could also be used.

Energy, as discussed in more detail in Section 3.6 Energy, would be consumed during both the construction and operational phases of the project. The construction phase would require the use of nonrenewable construction material, such as concrete, metals, plastics, and glass. Nonrenewable resources and energy would also be consumed during the manufacturing and transportation of building materials, site preparation, and construction of the buildings. The operational phase would consume energy for multiple purposes including building heating and cooling, lighting, appliances, and electronics. Energy, in the form of fossil fuels, would be used to fuel vehicles traveling to and from the site.

The project would result in a substantial increase in demand for nonrenewable resources; however, the project is subject to the standard California Code of Regulations Title 24 Part 6, CALGreen standards, City of Daly City Green Building requirements, and Recycling and Diversion of Construction and Demolition Ordinance. In addition, as discussed in Section 3.6 Energy, the electricity for the project would be provided by Peninsula Clean Energy from sources that are 100 percent carbon-free. For these reasons, future projects would minimize the use of nonrenewable energy resources.

5.1.2 Commitment of Future Generations to Similar Use
The project would redevelop a currently developed site surrounded by urban uses. Development of the proposed project would commit a substantial amount of resources to prepare the site, construct the buildings, and operate them, but it would not result in development in an area where urban development does not already exist.

5.1.3 Irreversible Damage Resulting from Environmental Accidents The project proposes a residential, mixed-use development that is not a uniquely hazardous use nor likely to cause environmental accidents that impact adjacent areas. As discussed in Section 3.9 Hazards and Hazardous Materials, there are no significant unmitigable hazards and hazardous materials conditions on-site or off-site that would substantially affect the public and surrounding environment. Additionally, there are no significant unmitigable geology and soils impacts which

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would result from implementation of the project. For these reasons, the project would not result in irreversible damage that may result from environmental accidents.

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SECTION 6.0 SIGNIFICANT AND UNAVOIDABLE IMPACTS
A significant unavoidable impact is an impact that cannot be mitigated to a less than significant level if the project is implemented as it is proposed. The proposed project would not result any significant and unavoidable impacts, as all significant impacts are capable of being mitigated to acceptable levels by feasible mitigation measures included in the project.

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SECTION 7.0 ALTERNATIVES
The California Environmental Quality Act (CEQA) requires that an EIR identify and evaluate alternatives to a project as it is proposed. Two key provisions from the CEQA Guidelines pertaining to the discussion of alternatives are included below:

Section 15126.6(a). Consideration and Discussion of Alternatives to the Proposed Project.

An EIR shall describe a range of reasonable alternatives to the project, or to the location of the project, which would feasibly attain most of the basic objectives of the project but would avoid or substantially lessen any of the significant effects of the project, and evaluate the comparative merits of the alternatives. An EIR need not consider every conceivable alternative to a project.

Rather it must consider a reasonable range of potentially feasible alternatives that will foster informed decision making and public participation. An EIR is not required to consider alternatives which are infeasible. The lead agency is responsible for selecting a range of project alternatives for examination and must publicly disclose its reasoning for selecting those alternatives. There is no ironclad rule governing the nature or scope of the alternatives to be discussed other than the rule of reason.

Section 15126.6(b). Purpose. Because an EIR must identify ways to mitigate or avoid the significant effects that a project may have on the environment (Public Resources Code Section 21002.1), the discussion of alternatives shall focus on alternatives to the project or its location which are capable of avoiding or substantially lessening any significant effects of the project, even if these alternatives would impede, to some degree, the attainment of the project objectives, or be more costly.

Other elements of the CEQA Guidelines discuss that alternatives should include enough information to allow a meaningful evaluation and comparison with the proposed project. The CEQA Guidelines state that if an alternative would cause one or more additional impacts, compared to the proposed project, the discussion should identify the additional impact, but in less detail than the significant effects of the proposed project.

The three critical factors to consider in selecting and evaluating alternatives are: (1) the significant impacts from the proposed project that could be reduced or avoided by an alternative, (2) consistency with the project’s objectives, and (3) the feasibility of the alternatives available. Each of these factors is discussed below.

7.1 SIGNIFICANT IMPACTS FROM THE PROJECT

7.1.1 Significant Unavoidable Impacts
As mentioned above, the CEQA Guidelines advise that the alternatives analysis in an EIR should be limited to potentially feasible alternatives that would avoid or substantially lessen any of the significant effects of the project and would achieve most of the project objectives. The project would not result in any significant, unavoidable impacts.

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7.1.2 Less than Significant Impacts with Mitigation Incorporated Alternatives may also be considered if they would further reduce impacts that are already less than significant because of required or proposed mitigation. Impacts that would be significant, but for which the mitigation is available to reduce them to less than significant levels include:
• Air Quality (construction criteria pollutants, TAC health risk) • Biological Resources (bats, nesting birds)
• Cultural Resources (archaeological resource/human remains) • Geology and Soils (paleontological resources)
• Hazards and Hazardous Materials (underground/aboveground storage tanks) • Noise (construction noise)
• Transportation (vehicle miles traveled, construction traffic, pedestrian/bicycle safety, emergency access)
• Tribal Cultural Resources (unknown buried tribal cultural resources) Table 7.4-2 summarizes the project and project alternatives impacts, including less than significant impacts with mitigation incorporated.

7.2 PROJECT OBJECTIVES
Pursuant to CEQA Guidelines Section 15124, the EIR must include a statement of the objectives sought by the proposed project. While CEQA does not require that alternatives be capable of meeting all of the project objectives, their ability to meet most of the objectives is considered relevant to their consideration. The stated objectives of the project proponent include the following:
• Advance an innovative land use master plan to attract investment, stabilize District finances, increase funding for student education and attract and retain highly qualified teachers and staff.
• Permit development consistent with the City’s General Plan that enables redevelopment of underutilized properties with higher-density, transit supportive development that facilitates bicycle and pedestrian access along an established, highly utilized transit corridor, as outlined in the 2020 Walk Bike Daly City Master Plan.
• Create a pedestrian scale neighborhood with an attractive public realm of park and outdoor spaces, inviting to the surrounding community and people of all ages. • Maximize the number of new high-quality market-rate and affordable housing units as a well-designed, economically feasible, urban residential neighborhood with sufficient density to create a safe, active neighborhood, with development phasing subject to market conditions that provides flexibility with the sequence of construction of buildings, open space, streets, and infrastructure.
• Create opportunities to connect people with nature through open space design, a new recreational trail and immediate proximity to wooded hillside areas. • Encourage active transportation with safe on and off-street bike routes and pedestrianoriented urban design that encourages bicycle, pedestrian, and transit access to, from and through the site.

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• Design traffic-calmed residential streets for low volume, slow vehicle access between the intersection of Highway 1 and Serramonte Boulevard and the existing Campus Drive south of the Plan Area.

7.3 FEASIBILITY OF ALTERNATIVES
CEQA, the CEQA Guidelines, and the case law on the subject have found that feasibility can be based on a wide range of factors and influences. The CEQA Guidelines advise that such factors can include (but are not necessarily limited to) the suitability of an alternate site, economic viability, availability of infrastructure, consistency with a general plan or with other plans or regulatory limitations, jurisdictional boundaries, and whether the project proponent can “reasonably acquire, control or otherwise have access to the alternative site (Section 15126.6[f][1]).”

7.4 ALTERNATIVES ANALYSIS

7.4.1 Alternatives Considered But Rejected

7.4.1.1 Location Alternative
CEQA encourages consideration of an alternative site when significant effects of the project might be avoided or substantially lessened. Only locations that would avoid or substantially lessen any of the significant impacts of the project and meet most of the project objectives need be considered for inclusion in the EIR. In order to identify an alternative site that might reasonably be considered to “feasibly accomplish most of the basic purposes” of the project, and would also mitigate some or all of the significant impacts of the project, it is assumed that such a site would need to have the following characteristics:
• Approximately 20-acres or more in size;
• Located on land owned by the Jefferson Union High School District (JUHSD); • Located on an underutilized, already developed property; • Served by available infrastructure and nearby commercial amenities; and • Immediately available.

The project objectives focus on developing residential uses on land owned by JUHSD to help stabilize JUHSD finances. JUHSD currently operates five high schools, including three in the City of Daly City (Westmoor, Jefferson, and Thornton High Schools) and two in the City of Pacifica (Oceana and Terra Nova High Schools), and the Serramonte Del Rey campus located on the project site. While these high school sites may have undeveloped space that meets the size requirement, they do not include underutilized facilities that would benefit from redevelopment to higher-density residential and commercial uses. In addition, JUHSD recently received approval for construction of a new district office and adult education building located adjacent to Westmoor High School (see Figure 2.2-6). This new building would replace the existing district office uses on the project site, rendering the current project site vacant and allowing for new tenants or redevelopment. Further, location alternatives were rejected because the potentially suitable sites located on JUHSD land would not reduce the identified less than significant construction criteria pollutant, TAC health risk, and construction noise impacts because construction would occur on these alternative sites in a

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similar manner to the proposed project site and the surrounding mix of uses is similar (with sensitive residential and/or school receptors in the immediate vicinity). Other construction related impacts, such as disturbance of nesting or water quality impacts, would be similar and require the same mitigation identified for the subject site. Since no feasible alternative site was identified that would avoid or lessen the project impacts, a location alternative was not further analyzed.

7.4.1.2 Mixed-Use Alternative
The project proposes a mostly residential development with 1,035 residential units and 14,000 square feet of commercial uses. The Mixed-Use Alternative was considered to reduce the VMT per resident below the countywide threshold by introducing office uses to the site and creating a mixed-use live/work community to avoid or lessen the need for ongoing mitigation in the form of a TDM program that reduces project trips. The Mixed-Use Alternative includes 1,035 residential units and 230,000 square feet of office space. The modeling results, however, show that this alternative’s VMT per resident would remain at 12 VMT and continue to exceed the countywide threshold of 11.6 VMT per resident. In addition, this alternative would generate 17.9 VMT per office employee, which would exceed the countywide threshold of 14.3 VMT and regionwide threshold of 13.1.102 Further, this alternative would result in an additional 230,000 square feet of building square footage, resulting in greater construction impacts compared to the proposed project. Since the Mixed-Use Alternative would not reduce the VMT per resident and create a new office VMT impact, this alternative was rejected.

7.4.1.3 Reduced Housing Alternative
The purpose of a Reduced Housing Alternative would be to reduce the project’s impacts that result from the overall scale of the development by developing a smaller program of development. Of the project’s significant impacts, only air quality, noise, and transportation impacts could potentially benefit from a reduced housing alternative. All other impacts are related to site/ground disturbance, which any amount of development would incur. VMT is expressed as a per resident number; therefore, while a reduced housing alternative would reduce overall trips, it would not cause a change in the amount of VMT per resident. Thus, the VMT impact of the Reduced Housing Alternative would be the same as the proposed project. Construction criteria pollutant air quality emissions and construction noise impacts tied to the amount of building construction activity could be further reduced with a reduced housing alternative; however, the project’s construction ROG emissions are related to architectural coatings applied in the last year of project construction. The Reduced Housing Alternative would have similar ROG emissions, as architectural coatings, during the last year of construction; therefore, this alternative would not result in similar ROG emissions impacts as the proposed project. This alternative would partially meet the project’s objectives to redevelop underutilized properties with high-density development and maximize the number of market-rate housing units in order to stabilize JUHSD’s finances; however, the cost of land improvement (i.e., demolition, grading, infrastructure, off-site improvements) would remain unchanged and the reduced housing would lower revenue generated to off-set those costs. In addition, the No Project – Existing Zoning Alternative is another reduced development alternative (see Section 7.4.2.2 below). For these reasons, this alternative was rejected.
102 Fehr & Peers, Inc. Serramonte Del Rey Precise Plan – Alternatives VMT. April 2023.

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7.4.2 Analyzed Alternatives
In addition to a “No Project” Alternative, the CEQA Guidelines advise that the range of alternatives discussed in the EIR should be limited to those that “would avoid or substantially lessen any of the significant effects of the project” (Section 15126.6[f]). The discussion below addresses alternatives which could reduce project impacts and are feasible from a physical land use, infrastructure, site suitability, and general plan consistency perspective, and whether the proponent can reasonably acquire, control, or otherwise have alternative access to the site. This Draft EIR does not evaluate the financial or economic feasibility of the alternatives. The components of these alternatives are described below, followed by a discussion of their impacts and how they would differ from those of the proposed project.

7.4.2.1 No Project Alternative
The CEQA Guidelines specifically require consideration of a “No Project” Alternative. The purpose of including a No Project Alternative is to allow decision makers to compare the impacts of approving the project with the impacts of not approving the project. The Guidelines specifically advise that the No Project Alternative is “what would be reasonably expected to occur in the foreseeable future if the project were not approved, based on current plans and consistent with available infrastructure and community services.” The Guidelines emphasize that an EIR should take a practical approach, and not “…create and analyze a set of artificial assumptions that would be required to preserve the existing physical environment (Section 15126.6[e][3][B]).” The No Project Alternative assumes that the project site would remain as it is today with the existing buildings being reoccupied.

Comparison of Environmental Impacts
The No Project Alternative would avoid all the project’s environmental impacts.

Relationship to Project Objectives
The No Project Alternative would not meet most of the project objectives as no change would be made to the existing land uses at the site and the current land uses do not provide any residential facilities. In addition, the current project site design is low density and not transit oriented. The No Project Alternative could potentially partially meet the project’s objective to attract investment and stabilize District finances by renovating the existing buildings and leasing them to new tenants, although the market for new office or other tenants to occupy the existing JUHSD headquarters campus is unknown.

Conclusion
Because the No Project Alternative would not result in any new development on the site, this alternative would avoid all environmental impacts of the project. This alternative would not, however, meet most of the project’s objectives, in particular those related to providing substantial new housing opportunities on the site.

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7.4.2.2 No Project – Existing Zoning Alternative
This alternative assumes the project is not approved and the project site is redeveloped consistent with the current zoning of PD-31 (Planned Development District).103 The PD-31 zoning is the current 1985 Precise Plan for the project site, which allows for the development of up to 175 residential units (in addition to the units developed on Parcel A) and approximately 700,000 square feet of office space, resulting in approximately one millions square feet of building space.104 Associated infrastructure and roadway improvements would also be required in order to construct the No Project – Existing Zoning Alternative. Based on the City’s average number of persons per housing unit (3.21), the 175 residential units would generate 562 additional residents.105 The 700,000 square feet of office space is estimated to generate approximately 2,100 employees (using an estimate of three employees per 1,000 square feet).

Comparison of Environmental Impacts
The No Project – Existing Zoning Alternative would result in the development of approximately 175 residential units and 700,000 square feet of office, while the proposed project would develop the site with 1,235 residential units (including Parcel A units) and up to 14,000 square feet of neighborhoodserving retail/commercial uses (in addition to 1,400 square feet for a Head Start childcare facility).

Overall the No Project – Existing Zoning Alterative would result in approximately one million square feet of building space, while the proposed project would result in approximately 1.5 million square feet of building space. The No Project – Existing Zoning Alternative would trade residential density for office density; however, the intensity and duration of construction required in order to construct 700,000 square feet of office space and 175 residential units would less than the proposed project, as this alternative reduces the overall building square footage by approximately 500,000 square feet less. Given that the overall building square footage would be smaller than the proposed project, the No Project – Existing Zoning Alternative would result in lesser construction criteria pollutant, TAC health risk, construction noise, and construction traffic impacts.

As discussed above, the No Project – Existing Zoning Alternative would trade residential density for office density. As a result, VMT for this alternative is calculated based on a per resident and per employee metric. As shown in Table 7.4-1 below, the residential component of the No Project – Existing Zoning Alternative is projected to generate 12.2 VMT per resident (0.2 VMT higher than the proposed project), which is below the regionwide significance threshold of 12.4 VMT per resident, but in excess of the countywide threshold of 11.6 VMT per resident. The office component of this alternative is projected to generate 17.5 VMT per employee, which exceeds the regionwide significance threshold of 14.3 VMT and the countywide significance threshold of 13.1 VMT. As a result, the No Project – Existing Zoning Alternative would result in more significant VMT impacts than the proposed project in that it would increase the per resident VMT and introduce a significant office VMT impact.
103 A smaller portion of the of the site in the northwest corner (Parcel A Development project) is zoned to PD-31A.

The PD-31A zoning was specifically created to allow for the Parcel A Development project, which will construct 122 multifamily units. Since this project is already approved and under construction, the remainder of the project site would be developed consistent with the PD-31 zoning. 104 Assumes a total of 297 residential units (Parcel A project [122] + existing zoning[175]) and each residential unit requires approximately 1,000 square feet of building space. 700,000 + 297,000 = 997,000. 105 State of California, Department of Finance. E-5 Population Estimates for Cities, Counties, and the State— January 1, 2021-2022. May 2022.

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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 .

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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.

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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.

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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.

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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.

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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.

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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.

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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

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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

Page 1222 of 1358 ends

Serramonte Del Rey Campus Redevelopment 227 Draft EIR
City of Daly City June 2023
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

Page 1223 of 1358 ends

Mitigation Monitoring and Reporting Program
Serramonte Del Rey Campus Redevelopment Project
November 2023

Page 1224 of 1358 ends

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

Page 1225 of 1358 ends

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

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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.

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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

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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

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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

Page 1230 of 1358 ends

7 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
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

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8 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
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

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9 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
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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10 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
• 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

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11 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
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

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12 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
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

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13 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
(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

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14 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
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

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15 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
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

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16 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
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

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17 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
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

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18 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
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

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19 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
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

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20 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
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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21 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
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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22 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
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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23 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
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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24 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
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

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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

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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.

Page 1250 of 1358 ends
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City Council Meeting Agenda Report Item # _____
Meeting Date: February 26, 2024
Subject: Adopt Resolution Calling to Hold a Special Election on November 5, 2024 Recommended Action
Staff recommends that the City Council adopt resolution calling for the holding of a Special Election on Tuesday, November 5, 2024, for the Election of a City Council Member to fill a vacancy as required by provisions of the Daly City Municipal Code.

Background/Discussion
Due to the resignation of City Councilmember Raymond A. Buenaventura, effective February 2, 2024, there is a vacancy on the Daly City City Council. Mid-term Council vacancies in Daly City are governed by Daly City Municipal Code Section 2.04.060, which provides: A person appointed to fill a vacancy on the city council holds office only until the date of a special election which shall immediately be called to fill the remainder of the term. Such a special election may be held on the date of the next regularly scheduled election to be held throughout the city in not less than ninety days from the call of the special election.

The City Council will be considering applications of persons interested in being appointed to the City Council on an interim basis. Any person appointed to fill a vacancy on the city council holds office only until the date of a special election, which shall be immediately called to fill the remainder of the term.

Therefore, the City Council must call a special election to fill the vacancy created by the resignation of Councilmember Buenaventura. The special election may be consolidated with the next regularly scheduled election date. The next regularly scheduled election not less than 114 days after the call for a special election is November 5, 2024.

Fiscal Impact
Fiscal impact will be minimized as the election will be consolidated with the General State-wide Election held on this date. The approximate cost for a consolidated election is $129,000.00.

Summary/Conclusion
Staff recommends that the City Council adopt resolution calling for holding a Special Election on November 5, 2024, to fill the remainder of the term. Staff is available to provide any additional information desired by the Mayor or Councilmembers.

Respectfully submitted,
Rose Zimmerman
City Attorney

Page 1255 of 1358 ends

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DALY CITY CALLING FOR THE HOLDING OF A SPECIAL ELECTION ON NOVEMBER 5, 2024

FOR THE ELECTION OF A CITY COUNCIL MEMBER TO FILL VACANCY WHEREAS, due to the resignation of City Councilmember Raymond A. Buenaventura, effective February 2, 2024, there is a vacancy on the Daly City City Council. . ; and WHEREAS, mid-term Council vacancies in Daly City are governed by Daly City Municipal Code Section 2.04.060, which provides: A person appointed to fill a vacancy on the city council holds office only until the date of a special election which shall immediately be called to fill the remainder of the term. Such a special election may be held on the date of the next regularly scheduled election to be held throughout the city in not less than one hundred fourteen days from the call of the special election, and WHEREAS, the City Council will be considering applications of persons interested in being appointed to the City Council on an interim basis. Any person appointed to fill a vacancy on the city council holds office only until the date of a special election, which shall immediately be called to fill the remainder of the term.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Daly City that it does hereby call for a Special Election to be held on Tuesday, November 5, 2024, to fill a vacancy as required by provisions of Daly City Municipal Code Section 2.04.060.

I hereby certify the foregoing to be a true copy of a Resolution adopted by the City Council of Daly City, California, at a regular meeting thereof held on the day of , 2024, by the following vote of the members thereof:

AYES, and in favor thereof, Councilmember:

NOES, Councilmember:

ABSENT, Councilmember:

CITY CLERK OF THE CITY OF DALY CITY
APPROVED:

MAYOR OF THE CITY OF DALY CITY

Page 1256 of 1358 ends

City Council Meeting Agenda Report Item # _____
Meeting Date: February 26, 2024
Subject: Consideration of Application Process for the Appointment of Interim City Councilmember
Recommendation
City Council review and consider the application process for an Interim City Councilmember appointment.

Background
Due to the resignation of a councilmember, a Daly City Council position is vacant. According to state law, the City Council may fill the position in the interim until a special election is held to fill the vacancy permanently. A special election will be called to coincide with the November 5, 2024 general election.

The City Council will consider applications of persons interested in being appointed to the City Council on an interim basis. Any person appointed to fill a vacancy on the city council holds office only until the date of a special election, which shall be immediately called to serve the remainder of the term. Staff recommends the Council consider the application process to post and publish the notice of the availability of the position and accept application materials from interested persons before conducting interviews and selecting for the vacant city council position.

Applications for appointment may be considered at a Special Meeting of the Council. Sufficient time will be allowed to post the vacancy and application across city-wide public media, social media, television channels, websites, mailers, and newspaper publications.

Discussion
A. Invitation for Applications
Staff recommends posting a notice of the vacancy and inviting applications from Daly City residents for appointments. The notice and the application process should be posted at City Hall and on the City’s website. The notice and application should be advertised widely throughout the City through newspapers, websites, mailers, media channels, and social media and posted in public areas. The application prepared is attached for review by the Council.

The notice shall provide a deadline for the close of business (5:00 p.m.). March 27, 2024, for application submission, and applications may be submitted electronically, in person, or by mail.

B. Consideration of the Application Timeline and Process

1. The Council shall approve the applications and process and provide direction to staff to proceed with the application process for the vacancy at the regular city council meeting on February 26, 2024.

Page 1257 of 1358 ends

Subject: Consideration of Application Process for the appointment of Interim City Councilmember
Meeting Date: February 26, 2024

Page 2 of 2 ends

2. Staff shall advertise the notice of vacancy and application among city-wide media channels, television, mailers, websites, public locations, and newspapers by February 27, 2024. (A list of Notice locations is attached).

3. The applications will be made available on February 27, 2024, and due to the City the close of business (5:00 p.m.) March 27, 2024.

4. The City Council will consider the applications and interview all applicants at the Special Meeting scheduled for April 2024. The applicant may then be asked to answer the City Council’s questions regarding their presentation or application. (Draft Questions for the Interview are attached for City Council Review). Applicants are requested to hold this date available for interview. An appointment will not be made without a Council interview. The public may also be able to comment upon the candidates as part of the agenda item. No discussion of the candidates may be held in a closed session.

5. The City Council call for nominations and an appointment made at the Special Meeting on April 1, 2024.

6. Upon an appointment, the successful candidate will take the oath of office at the subsequent City Council meeting (April 8, 2024) and be seated with the City Council.

C. Powers and Duties of Appointed City Councilmember
The person appointed to the City Council shall serve the remaining term until the Special Election is called for November 5, 2024. The appointed Councilmember will have all of the rights, privileges, and duties of an elected Councilmember. The term of this Council seat is from the date of appointment until the results of the General Municipal Election of November 5, 2024 are certified, which likely will take place at a Council meeting in December 2024.

Summary/Conclusion
Staff recommends that the City Council consider and review the interim City Councilmember appointment application process.

Respectfully submitted,
Rose Zimmerman Thomas J. Piccolotti
City Attorney City Manager
Attachments: Draft Application
Draft Interview Questions
City Council Vacancy – Notice locations

Page 1258 of 1358 ends
Page 1 of 2 ends

APPLICATION FOR APPOINTMENT
Return Completed Application to:

Office of the City Clerk
333-90
th Street
Daly City, CA 94015
Name
Address
City State Zip Code
Phone Number
Email
Length of Residence in Daly City:

Are you a registered voter in San Mateo County?
Present and Past Civic Affiliation and/or activities:

Occupation
Business Name
Address
City State Zip Code
Phone Number Fax Number
Education - List schools attended and/or graduated, as well as degree(s):

Page 1259 of 1358 ends
Page 2 of 2 ends

NOTE: This document is a public record and may be disclosed/released pursuant to the California Public Records Act
Other special training or experience:

Previous and present governmental and civic experience. Indicate when, position, and duties:

Please briefly explain your reasons and interest in serving on the City Council:

Are you able to regularly attend night meetings, or from time to time necessary daytime meetings? ___________________________________ Additional information or remarks relevant to this appointment:

AUTHORIZATION AND RELEASE
I understand that inconnection with this application for appointment, the information contained herein will be made available to the general public upon request.

Signature: Date/Time:

Page 1260 of 1358 ends

CITY COUNCIL VACANCY - NOTICING LOCATIONS

PHYSICAL LOCATIONS

1. City Hall

2. Libraries (Bayshore, John Daly, Serramonte, Westlake)

3. Community Centers (Bayshore, Lincoln Park, War Memorial, Pacelli Event Center, Doelger Senior Center, Gellert Park Clubhouse)

4. City Departments (i.e., Fire Stations, Department of Recreation Services Administrative Office, Department of Water & Wastewater Resources, including satellite locations)

5. Westlake Park (digital billboard at entrance)

6. Serramonte Center (digital billboard)

ELECTRONIC

1. City Website

2. Social Media (Facebook, Instagram, X, NextDoor)

3. Comcast Channel 27

4. Public Service Announcement

5. Daly Wire electronic newsletter (March Edition)

6. Utility Bills (distributed between 2/27/2024-3/27/2024)

7. Daly City Colma Chamber of Commerce electronic newsletter

8. California City News electronic newsletter
PRINT

1. Utility Bills (distributed between 2/27/2024-3/27/2024)

2. Press Release

3. Newspaper Ad
a. El Reportero
b. Examiner—Daly City Independent
c. La Opinion De La Bahia
d. Sing Tao (S.F.)
e. Philippine News

4. Letters to Homeowner’s Associations (mailer)
a. Bayshore Residents Association
b. Belle Vista Homeowners Association
c. Broadmoor Property Owners Association
d. Crocker Neighborhood
e. Crown Colony Homeowners Association
f. Cypress Point Homeowners Association
g. Daly City Council of Homeowners & Residents Association h. Franciscan Mobile Homeowners Associations
i. Grandview Village Homeowners Association
j. Hillside Homeowners Association
k. John Daly Neighborhood Association
l. Midway Village Residents Association
m. Original Daly City Protective Association
n. Pointe Pacific Homeowners Association
o. Saddleback Homeowners Association
p. Serramonte Highlands Homeowners Association
q. Serramonte Homeowners Association
r. Skyline-Palisades Residential Association
s. Southern Hills Homeowners Association
t. St. Francis Heights Association
u. Summit Ridge at Saddle Mountain
v. Traditions Homeowners Association
w. Village in the Park Homeowners Association
x. Westlake Estates Homeowners Association
y. Westlake Knolls

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COUNCIL CANDIDATE INTERVIEW QUESTIONS

1. Why are you interested in serving as a Daly City Councilmember and what specific skills and experience do you bring to this potential position?

2. What are the five highest priorities that you believe the City needs to address? How would you propose to address those issues?

3. Describe your past community service or involvement and how that service has contributed positively to the Daly City community. Explain the relevance of this involvement to serving in the position of a Daly City Councilmember.

4. How would you prioritize the City’s core services if budget cuts are required to maintain a balanced budget?

5. If an appointment is made to the vacant City Council position, it will be effective for about 7 months, until November 2024. What do you want to accomplish during this appointed term if you are selected as a Daly City Councilmember?

6. If you are appointed to the City Council, please describe how you will work collaboratively to achieve consensus with other Councilmembers to address the important issues facing Daly City.

7. Daly City residents have great pride about their community. If you are appointed to the City Council, what specific initiatives will you advocate for to enhance the quality of life in Daly City?

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City Council Meeting Agenda Report Item # _____
[INSERT
Meeting Date: February 26, 2024
Subject: AUTHORIZING A CONSTRUCTION LOAN AGREEMENT WITH THE DALY

CITY JOINT POWERS FINANCING AUTHORITY, THE NORTH SAN MATEO

COUNTY SANITATION DISTRICT AND THE CALIFORNIA STATE WATER

RESOURCES CONTROL BOARD AND A FINANCING AGREEMENT WITH

THE DALY CITY JOINT POWERS FINANCING AUTHORITY IN

CONNECTION WITH THE FINANCING OF THE VISTA GRANDE

DRAINAGE BASIN IMPROVEMENT PROJECT, ESTABLISHING ONE OR

MORE PLEDGED SOURCES OF REVENUE FOR REPAYMENT OF FUNDING,

AND TAKING CERTAIN OTHER ACTIONS RELATING THERETO
Recommended Action
Consider adoption of a resolution authorizing a Construction Loan Agreement with the Daly City Joint Powers Financing Authority, the North San Mateo County Sanitation District, and the California State Water Resources Control Board in connection with the financing of the Vista Grande Drainage Basin Improvement Project and a related Financing Agreement, establishing one or more pledged revenue sources for repayment of the financing, and taking other related actions.

Background
Vista Grande Drainage Basin Improvement Project. The City of Daly City (the “City”) and the North San Mateo County Sanitation District (the “District”) are undertaking the Vista Grande Drainage Basin Improvement Project (the "Project").

Financing Plan. The City and the District have evaluated options to finance the Project and plan to rely on three categories of funding sources:
▪ Contributions – The City and the District will coordinate with participants to fund a portion of project costs with up-front contributions or contributions during construction. ▪ Grants – The City and the District will continue to coordinate the effort to identify, apply for, receive, and manage grants and other contributions from state and federal agencies. ▪ Debt ~ After contributions and grants, the City and the District will fund the remaining Project costs with loans from state and federal agencies and, if other sources are not available with reasonable costs and conditions, public offerings of debt.

To jointly finance the Project, the City and the District established the Daly City Joint Powers Financing Authority (the “Authority”) pursuant to a Joint Exercise of Powers Agreement, dated as of March 1, 2021, as amended on November 1, 2022.

As of the date of this staff report and subject to change, the following table provides the projected funding sources and uses for the Project:

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City Council Agenda Report
Subject: PROPOSED RESOLUTION APPROVING CLEAN WATER STATE REVOLVING

FUND FINANCING FOR THE VISTA GRANDE DRAINAGE BASIN IMPROVEMENT

PROJECT
Meeting Date: February 26, 2024

Page 2 of 4 ends

Vista Grande Project ~ Estimated Funding Sources and Uses Funding Sources
Contributions
CalTrans $ 3,440,000
City 10,000,000
District 10,000,000
San Francisco Public Utilities Commission 35,000,000
San Mateo County 15,000,000
Subtotal $ 73,440,000
Grants (including forgiveable loan principal)
State Water Board $ 20,000,000
Debt City Debt District Debt
State Water Board, SRF $ 50,500,000 $ 24,862,570 $ 25,637,430 EPA, WIFIA 7,666,764 3,774,563 3,892,200
Subtotal $ 58,166,764 $ 28,637,134 $ 29,529,630
Total Funding Sources $ 151,606,764
Uses
Project Construction $ 150,858,396
Costs to Originate Grants and Loans 748,368
Total Uses $ 151,606,764
Proposed SRF Financing. On December 19, 2019, the City, the District, and the Authority initiated an application for financial assistance to the State Water Board.

Since then, staff has worked with an outside bond counsel (Jones Hall, A Professional Law Corporation) and an independent municipal advisor (D.A. Davidson) to negotiate with the State Water Board (i) the terms of a loan (the “Loan”) from the State Water Board to the Authority to finance the Project, (ii) a Construction Loan Agreement among the District, the City, the Authority and the State Water Board (the “2024 Construction Loan Agreement”), (iii) a Financing Agreement between the Authority and the District (the “District Financing Agreement”), pursuant to which the District would agree to make payments to the Authority from net revenues of the District’s wastewater enterprise (the “Wastewater Enterprise”) that the Authority would use to pay a portion of the Loan payments, when due and (iv) a Financing Agreement between the Authority and the City (the “City Financing Agreement”), pursuant to which the City would agree to make payments to the Authority from net revenues of the City’s water enterprise (the “Water Enterprise”) that the Authority would use to pay a portion of the Loan payments.

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City Council Agenda Report
Subject: PROPOSED RESOLUTION APPROVING CLEAN WATER STATE REVOLVING

FUND FINANCING FOR THE VISTA GRANDE DRAINAGE BASIN IMPROVEMENT

PROJECT
Meeting Date: February 26, 2024

Page 3 of 4 ends

Based on the projected funding sources and uses presented in the table above, City staff anticipates that the principal amount of the City’s payment obligations under the City Financing Agreement will be approximately $24,862,570. If the Loan is originated in 2024, Staff expects the Loan to mature in 2053, and the true interest cost of the Loan to be approximately 3.00%, Pursuant to the proposed resolution, the City Council would approve the Loan in a maximum principal amount of $130,000,000 and the City’s payment obligations under the City Financing Agreement in a maximum principal amount of $65,300,000, in each case with a maximum interest rate of 4.50%; authorize execution and delivery of the Construction Loan Agreement and the City Financing Agreement; and authorize related actions.

Compared to other debt financing sources, the proposed Loan offers the following advantages to the City and the District:

1. Grant and Loan Combination – The State Water Board awards a combination of grants and loans to applicants ranked on a priority list. Presently, the State Water Board ranks the Project as #1 across eligible projects in California.

2. Lower Interest Expense – The State Water Board sets loan interest rates at least 50% below market rates.

3. Other Terms and Conditions – The City and the District can repay principal over 30 years and only pay interest on their respective share of Loan amounts drawn from the State Water Board.

Fiscal Impact
Using a finance model that includes historical data, budgets. and projections through June 30, 2053, Staff projected fiscal impacts based on the expected funding sources and uses summarized above.

From July 1, 2016, to June 30, 2023, the Water Enterprise “sales and service” revenues averaged

8.69% annual increases due to rate adjustments, new users, and increased water demand. As part of the adopted FY 2024 Budget, the City budgeted 4% annual revenue increases through June 30, 2028. Effective July 1, 2028 through final maturity on June 30, 2053, staff forecast 2% annual revenue increases will enable the Water Enterprise to fund its share of Project operating and maintenance costs, pay debt service, and comply with other loan terms and conditions.

After originating debt, the City will be required to annually verify that Water Enterprise revenues are sufficient to:

1. fund 100% of annual Water Enterprise operating and maintenance expenses,

2. fund 100% of annual debt service, and

3. generate additional annual revenue (“Net Revenues”) at least equal to 20% of annual debt service.

If revenues are not sufficient, the City will adjust rates and charges as required.

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City Council Agenda Report
Subject: PROPOSED RESOLUTION APPROVING CLEAN WATER STATE REVOLVING

FUND FINANCING FOR THE VISTA GRANDE DRAINAGE BASIN IMPROVEMENT

PROJECT
Meeting Date: February 26, 2024

Page 4 of 4 ends

After paying annual debt service, the City may use Net Revenues to annually fund repairs, replacements, reserves, and other lawful uses and purposes of the Water Enterprise.

The formula for annual Net Revenues to “cover” annual debt service is:

Calculation 1: Annual Revenues – Operating & Maintenance Expenses = Annual Net Revenues Calculation 2: Annual Net Revenues = (at least) 1.20 x Annual Debt Service Using the above “Net Revenues Coverage” formula, staff expects the Water Enterprise will generate annual net revenues at a ratio above 3 to 1 to “cover” payments under the City Financing Agreement.

For planning purposes and compared to the sources and uses of funding summarized above, Staff reduced contributions by $15,000,000 and increased the City’s portion of the Loan by $7,500,000.

Even with an increase in annual debt service, staff project the Water Enterprise will continue to generate Net Revenues Coverage in excess of 3.00 times annual debt service; e.g. staff expects the Water Enterprise will generate at least $3,000,000 of annual Net Revenues to cover $1,000,000 of annual debt service.

Summary/Conclusion
Staff recommends that the City Council adopt a resolution approving the Loan from the State Water Board in the maximum principal amount of $130,000,000, payments by the City under the City Financing Agreement in the maximum principal amount of $65,300,000, and an interest rate not to exceed 4.50%; approving related documents; establishing one or more pledged revenue sources for repayment of the financing and taking other related actions.

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

Respectfully submitted,
Joshua Cosgrove Rose Zimmerman
Director of Water and Wastewater Resources City Attorney Attachments:

Attachment 1: Draft Resolution
Attachment 2: Construction Loan Agreement
Attachment 3: City Financing Agreement

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2020110601
RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DALY CITY

AUTHORIZING A CONSTRUCTION LOAN AGREEMENT WITH THE DALY

CITY JOINT POWERS FINANCING AUTHORITY, THE NORTH SAN MATEO

COUNTY SANITATION DISTRICT AND THE CALIFORNIA STATE WATER

RESOURCES CONTROL BOARD AND A FINANCING AGREEMENT WITH

THE DALY CITY JOINT POWERS FINANCING AUTHORITY IN CONNECTION

WITH THE FINANCING OF THE VISTA GRANDE DRAINAGE BASIN

IMPROVEMENT PROJECT, ESTABLISHING ONE OR MORE PLEDGED

SOURCES OF REVENUE FOR REPAYMENT OF FUNDING, AND

TAKING CERTAIN OTHER ACTIONS RELATING THERETO

R E C I T A L S
WHEREAS, the City of Daly City (the “City”) and the North San Mateo County Sanitation District (the “District”) established the Daly City Joint Powers Financing Authority (the “Authority”) pursuant to a Joint Exercise of Powers Agreement, dated as of March 1, 2021, as amended and restated as of November 1, 2022; and
WHEREAS, the Authority is a public entity separate and apart from the City and the District; and
WHEREAS, the City and the District desire to finance the costs of acquiring, constructing and/or reconstructing certain public facilities and improvements to maintain and enhance water quality, manage non-point source pollution, protect drinking water sources, and manage related impacts to City, District and regional water and wastewater systems including certain treatment facilities, pipelines and other infrastructure, which project is commonly referred to as the Vista Grande Drainage Basin Improvement Project (the "Project"); and WHEREAS, with respect to the Project’s compliance with the California Environmental Quality Act (“CEQA”), (i) on December 11, 2017, the City approved the Project and certified its accompanying Environmental Impact Report (SCH Number 2013032001) (“EIR”) as complying with CEQA, (ii) along with the certification, the City adopted all necessary findings and a mitigation reporting and monitoring plan for the Project, and (iii) since approval of the Project, there have been no substantial changes in the Project, substantial changes in its circumstances, or new information of substantial importance necessitating major revisions of the EIR pursuant to Public Resources Code section 21166 or CEQA Guidelines section 15162, and thus no subsequent or supplemental CEQA review is required; and
WHEREAS, the City intends to finance the construction and/or reconstruction of a portion of the Project with moneys (“Project Funds”) provided by the State of California, acting by and through the State Water Resources Control Board (the “State Water Board”); and WHEREAS, in its Resolution No. 19-200 adopted on December 9, 2019, the City declared its intention to reimburse expenditures for capital costs of the Project from the proceeds of taxexempt debt to be issued in the maximum principal amount of $130,000,000; and WHEREAS, in its Resolution No. 19-198 adopted on December 9, 2019, the City declared its intention to reimburse expenditures for capital costs of the Project with financing proceeds from

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2 202011001
the State Water Board Resources Control Board (the “State Water Board”) in the maximum principal amount of $60,000,000; and
WHEREAS, in its Resolution No. 22-223 adopted on November 28, 2022, the City Council amended Resolution No. 19-198 to increase the maximum principal amount reasonably expected to be funded with financing proceeds from the State Water Board from $60,000,000 to $130,000,000; and
WHEREAS, in its Resolution No. 19-197, adopted on December 9, 2019, the City Council authorized an application for financial assistance to the State Water Board; and WHEREAS, the City now desires to approve the following documents for the purpose of providing the terms relating to the distribution by the State Water Board and repayment by the Authority, the District and the City, as applicable, of the Project Funds: (i) a Construction Loan Agreement among the District, the City, the Authority and the State Water Board (the “2024 Construction Loan Agreement”) and (ii) a Financing Agreement between the City and the Authority (the “2024 City Financing Agreement”); and
WHEREAS, Section 603(d)(1)(C) of the Federal Clean Water Act Amendments requires each financing recipient to establish one or more pledged sources of revenue for Clean Water State Revolving Fund (“CWSRF”) financial assistance; and WHEREAS, the City is not obligated to make any payments under the 2024 Construction Loan Agreement; and
WHEREAS, under the 2024 City Financing Agreement, the Member Agency Payments (as defined in the 2024 City Financing Agreement) payable by the City will be secured by a pledge of and payable from Net Revenues (as defined in the 2024 City Financing Agreement) of the City’s Water Enterprise (as defined in the 2024 City Financing Agreement), on a parity basis with the City’s obligation, if any, to pay debt service on its outstanding $6,890,000 City of Daly City 2012 Water Revenue Refunding Bonds, which are scheduled to mature on June 1, 2024; and WHEREAS, pursuant to Government Code Section 5852.1, certain information relating to the City’s obligation to make Member Agency Payments under the 2024 City Financing Agreement is set forth in Exhibit A attached to this Resolution, and such information is hereby disclosed and made public; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Daly City as follows:

SECTION 1. Each of the above recitals is true and correct and is adopted by the City Council.

SECTION 2. The City approves State Water Board financing pursuant to the 2024 Construction Loan Agreement in a principal amount not to exceed $130,600,000 with an interest rate not to exceed 4.50%.

The City further hereby approves the City’s Member Agency Payments under the 2024 City Financing Agreement in principal amount not to exceed $65,300,000 with an interest rate not to exceed 4.50%.

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3 202011001
SECTION 3. The 2024 Construction Loan Agreement, in substantially the form on file with the City Clerk, is hereby approved in substantially the form thereof with such changes as may be approved by the City Manager, the Finance Director or the Public Works Director, acting alone (each an “Authorized Officer”), after consultation with the City Attorney. Execution by an Authorized Officer of the 2024 Construction Loan Agreement shall constitute conclusive evidence of the City’s approval of all such changes. Each of the Authorized Officers is hereby authorized, together or alone, to execute and deliver the 2024 Construction Loan Agreement. The City Clerk is hereby authorized to attest to the Authorized Officer's signature, if applicable.

SECTION 4. The 2024 City Financing Agreement, in substantially the form on file with the City Clerk, is hereby approved in substantially the form thereof with such changes as may be approved by an Authorized Officer, after consultation with the City Attorney. Execution by an Authorized Officer of the 2024 City Financing Agreement shall constitute conclusive evidence of the City’s approval of all such changes. Each of the Authorized Officers is hereby authorized, together or alone, to execute and deliver the 2024 City Financing Agreement. The City Clerk is hereby authorized to attest to the Authorized Officer's signature, if applicable.

SECTION 5. The covenants of the City set forth in the 2024 Construction Loan Agreement and the 2024 City Financing Agreement to be executed in accordance with Sections 3 and 4 above are hereby approved, shall be deemed to be covenants of the City Council, and shall be complied with by the City and its officers.

SECTION 6. The City hereby pledges Net Revenues (as defined in the 2024 City Financing Agreement) of its Water Enterprise (as defined in the 2024 City Financing Agreement) as security for its obligation to pay the Member Agency Payments owed under the 2024 City Financing Agreement on a parity basis with the obligations described in the recitals. The pledged source of revenue shall remain in effect until such financing is fully discharged unless modification or change of such dedication is approved in writing by the State Water Board.

SECTION 7. Each Authorized Officer and the other officers and staff of the City responsible for the fiscal affairs of the City are hereby authorized and directed to take any actions and execute and deliver any and all documents and certificates as are necessary to accomplish and to consummate the transactions contemplated by the 2024 Construction Loan Agreement and the 2024 City Financing Agreement.

SECTION 8. This Resolution shall take effect immediately upon its passage and adoption.

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4 202011001
I hereby certify the foregoing to be a true copy of a Resolution adopted by the City Council of Daly City, California, at a regular meeting thereof held on the ___ day of ____, 2024, by the following vote of the members thereof:

AYES, and in favor thereof, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:

CITY CLERK OF THE CITY OF DALY CITY
APPROVED:

MAYOR OF THE CITY OF DALY CITY

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2020110601

EXHIBIT A

REQUIRED GOOD FAITH ESTIMATES PURSUANT TO
GOVERNMENT CODE SECTION 5852.1

1. True Interest Cost of the City’s Member Agency Payments under the 2024 City Financing Agreement: 3.00%

2. Finance charge of the City’s Member Agency Payments under the 2024 City Financing Agreement, being the sum of all fees and charges paid to third parties: $300,000

3. Amount of Project Funds expected to be received by the City under the 2024 City Financing Agreement, net of proceeds for finance charges in (2) above and net of capitalized interest (if any) and reserves (if any) paid or funded with the Project Funds: $65,000,000

4. Total payment amount for the Project Funds, being the sum of (a) the Member Agency Payments to be paid by the City under the 2024 City Financing Agreement to final maturity ($100,120,159), plus (b) any financing costs not paid from proceeds of the Project Funds ($0): $100,120,159 *All amounts and percentages are estimates, and are made in good faith by the City based on information available as of the date of adoption of this Resolution.

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DRAFT DATED: 02/16/2024

CLEAN WATER

DALY CITY JOINT POWERS FINANCING AUTHORITY
AND

CALIFORNIA STATE WATER RESOURCES CONTROL BOARD

CONSTRUCTION

LOAN AGREEMENT
PROJECT NO. C-06-8502-110

VISTA GRANDE DRAINAGE BASIN IMPROVEMENT PROJECT
AGREEMENT NO. [ ]
PROJECT FUNDING AMOUNT: $
ESTIMATED REASONABLE PROJECT COST: $
ELIGIBLE WORK START DATE: ______________
ELIGIBLE CONSTRUCTION START DATE: ______________
COMPLETION OF CONSTRUCTION DATE: ______________
FINAL REIMBURSEMENT REQUEST DATE: _____________
FINAL PAYMENT DATE: _____________
RECORDS RETENTION END DATE: _____________

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Daly City Joint Powers Financing Authority
Agreement No.: XX-XXX-550
Project No.: X-XX-XXXX-XXX
Page i of xx
i

TABLE OF CONTENTS
AGREEMENT ...............................................................................................................................................1

1. AUTHORITY. .........................................................................................................................................1

2. INTENTION............................................................................................................................................1

3. AGREEMENT, TERM, DOCUMENTS INCORPORATED BY REFERENCE. ......................................1

4. PARTY CONTACTS ..............................................................................................................................3

5. DEFINITIONS. .......................................................................................................................................3 EXHIBIT A – SCOPE OF WORK................................................................................................................13 A.1. PROJECT DESCRIPTION, USEFUL LIFE, AND SCOPE OF WORK.........................................13 A.2. STANDARD PROJECT REQUIREMENTS......................................................................................13 A.2.1 Acknowledgements..................................................................................................................................13 A.2.2 Reports.....................................................................................................................................................13 A.2.2.1 Progress Reports. .............................................................................................................................13 A.2.2.2 Project Completion Report. .............................................................................................................14 A.2.2.3 As Needed Reports. .........................................................................................................................14 A.2.2.4 DBE Good Faith Efforts and Reports for SRF Projects...................................................................14 A.2.3 Signage. ...................................................................................................................................................14 A.2.4 Commencement of Operations. ...............................................................................................................15 A.3 DATES & DELIVERABLES..............................................................................................................16 A.4 SCHEDULE......................................................................................................................................16 EXHIBIT B – FUNDING TERMS.................................................................................................................17 B.1. FUNDING AMOUNTS AND REIMBURSEMENTS ......................................................................17 B.1.1 Funding Contingency and Other Sources. ...............................................................................................17 B.1.2 Estimated Reasonable Cost......................................................................................................................17 B.1.3 Project Funding Amount..........................................................................................................................17 B.1.4 Reserved. .................................................................................................................................................17 B. 1.5 Budget Costs............................................................................................................................................17 B.1.6 Contingent Disbursement. .......................................................................................................................17 B.1.7 Reimbursement Procedure.......................................................................................................................18 B.1.8 Withholding of Disbursements. ...............................................................................................................19 B.1.9 Fraud and Misuse of Public Funds; Enforcement....................................................................................20 B.2 RECIPIENT’S PAYMENT OBLIGATION, PLEDGE, AND RESERVE.............................................20 B.2.1 Estimated Principal Payment Due. ..........................................................................................................20 B.2.2 Interest Rate and In-Lieu of Interest Charges. .........................................................................................20 B.2.3 Project Costs. ...........................................................................................................................................20 B.2.5 Obligation Absolute.................................................................................................................................21 B.2.6 Payment Timing.......................................................................................................................................21 B.2.7 Pledged Revenues....................................................................................................................................22

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Daly City Joint Powers Financing Authority
Agreement No.: XX-XXX-550
Project No.: X-XX-XXXX-XXX
Page ii of xx
ii
B.2.7.1 Establishment of JPFA Debt Service Fund and Reserve Fund. ...........................................................22 B.2.7.2 Pledge of Revenues and JPFA Debt Service Fund; Assignment of Rights..........................................22 B.2.7.3 Application and Purpose of the JPFA Debt Service Fund. ..................................................................23 B.2.7.4 Establishment of Member Agency Enterprise Funds...........................................................................23 B.2.7.5 Pledge of Member Agency Net Revenues; Assignment of Rights ......................................................23 B.2.7.6 Application and Purpose of the Member Agency Enterprise Funds....................................................23 B.2.8 No Prepayment. .......................................................................................................................................23 B.2.9 Reserve Fund. ..........................................................................................................................................24 B.3 RATES, FEES AND CHARGES. .....................................................................................................24 B.4 ADDITIONAL DEBT. ........................................................................................................................25 B.5 NO LIENS.........................................................................................................................................25 EXHIBIT C – GENERAL & PROGRAMMATIC TERMS & CONDITIONS..................................................26 C.1 REPRESENTATIONS & WARRANTIES. ........................................................................................26 C.1.1 Application and General Recipient Commitments. .................................................................................26 C.1.2 Authorization and Validity. .....................................................................................................................26 C.1.3 No Violations...........................................................................................................................................26 C.1.4 No Litigation............................................................................................................................................26 C.1.5 Property Rights. .......................................................................................................................................26 C.1.6 Solvency and Insurance. ..........................................................................................................................27 C.1.7 Legal Status and Eligibility......................................................................................................................27 C.1.8 Financial Statements and Continuing Disclosure. ...................................................................................27 C.1.9 [Reserved.]...............................................................................................................................................27 C.1.10 No Other Material Debt. ..........................................................................................................................27 C.1.11 Compliance with State Water Board Funding Agreements. ....................................................................27 C.2 DEFAULTS AND REMEDIES..........................................................................................................28 C.2.1 Return of Funds; Acceleration; and Additional Payments.......................................................................28 C.2.2 Cross-Defaults. ........................................................................................................................................28 Default of any of the Recipient or a Member Agency under this Agreement shall, at the option of the State Water Board, constitute a cross-default under any or all other ageements between the State Water Board and the Recipient and the State Water Board and each Member Agency, without regard to which entity – Recipient or Member Agency – is deemed to have been in default. ............................................................................................28 C.2.3 Administrative remedies..........................................................................................................................28 C.2.4 Judicial remedies. ....................................................................................................................................28 C.2.5 Termination..............................................................................................................................................29 C.2.6 Damages for Breach of Tax-Exempt Status.............................................................................................29 C.2.7 Damages for Breach of Federal Conditions.............................................................................................29 C.2.8 Remedies and Limitations. ......................................................................................................................29 C.2.9 Non-Waiver. ............................................................................................................................................29 C.2.10 Status Quo................................................................................................................................................30 C.3 STANDARD CONDITIONS..................................................................................................................30 C.3.1 Access, Inspection, and Public Records...................................................................................................30 C.3.2 Accounting and Auditing Standards; Financial Management Systems; Records Retention....................30 C.3.3 Amendment. ............................................................................................................................................31 C.3.4 Assignability............................................................................................................................................31 C.3.5 Audit. .......................................................................................................................................................32 C.3.6 Bonding. ..................................................................................................................................................32 C.3.7 Competitive Bidding................................................................................................................................32 C.3.8 Compliance with Applicable Laws, Rules, and Requirements. ...............................................................32

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Daly City Joint Powers Financing Authority
Agreement No.: XX-XXX-550
Project No.: X-XX-XXXX-XXX
Page iii of xx
iii
C.3.9 Computer Software..................................................................................................................................32 C.3.10 Conflict of Interest...................................................................................................................................32 C.3.11 Continuous Use of Project; No Lease, Sale, Transfer of Ownership, or Disposal of Project. .................33 C.3.12 Data Management....................................................................................................................................33 C.3.13 Disputes. ..................................................................................................................................................33 C.3.15 Environmental Clearance.........................................................................................................................33 C.3.16 Governing Law. .......................................................................................................................................34 C.3.17 Income Restrictions. ................................................................................................................................34 C.3.18 Indemnification and State Reviews. ........................................................................................................34 C.3.19 Independent Actor. ..................................................................................................................................34 C.3.20 Integration................................................................................................................................................35 C.3.21 Leveraging Covenants. ............................................................................................................................35 C.3.22 No Discrimination. ..................................................................................................................................35 C.3.23 No Third Party Rights..............................................................................................................................36 C.3.24 No Obligation of the State. ......................................................................................................................36 C.3.25 Notice.......................................................................................................................................................36 C.3.26 Operation and Maintenance; Insurance....................................................................................................39 C.3.27 Permits, Subcontracting, and Remedies...................................................................................................39 C.3.28 Professionals............................................................................................................................................39 C.3.29 Prevailing Wages.....................................................................................................................................40 C.3.30 Public Funding.........................................................................................................................................40 C.3.31 Recipient’s Responsibility for Work. ......................................................................................................40 C.3.32 Related Litigation. ...................................................................................................................................40 C.3.33 Rights in Data. .........................................................................................................................................40 C.3.34 State Water Board Action; Costs and Attorney Fees...............................................................................41 C.3.35 Timeliness................................................................................................................................................41 C.3.36 Unenforceable Provision..........................................................................................................................41 C.3.37 Venue.......................................................................................................................................................41 C.3.38 Waiver and Rights of the State Water Board...........................................................................................41 C.4 MISCELLANEOUS STATE AND FEDERAL REQUIREMENTS..........................................................41 C.4.1 Reserved. .................................................................................................................................................41 C.4.2 State Cross-Cutters. .................................................................................................................................41 C.4.3 Federal Requirements and Cross-Cutters for SRF Funding.....................................................................42 EXHIBIT D – SPECIAL CONDITIONS........................................................................................................48 D.1.4. Rule of Construction .................................................................................................................49 EXHIBIT E – PAYMENT SCHEDULE.........................................................................................................51 EXHIBIT F – TAX CERTIFICATE ...............................................................................................................52 F.1 Purpose. ...........................................................................................................................................52 F.2 Tax Covenant...................................................................................................................................52 F.3 Governmental Unit. ..........................................................................................................................52 F.4 Financing of a Capital Project. .........................................................................................................52 F.5 Ownership and Operation of Project................................................................................................52 F.6 Temporary Period.............................................................................................................................52

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Daly City Joint Powers Financing Authority
Agreement No.: XX-XXX-550
Project No.: X-XX-XXXX-XXX
Page iv of xx
iv
F.7 Working Capital................................................................................................................................53 F.8 Expenditure of Proceeds..................................................................................................................53 F.9 Private Use and Private Payments. .................................................................................................53 F.10 No Sale, Lease or Private Operation of the Project. ....................................................................53 F.11 No Disproportionate or Unrelated Use. ........................................................................................54 F.12 Management and Service Contracts. ...........................................................................................54 F.13 No Disposition of Financed Property............................................................................................54 F.14 Useful Life of Project. ...................................................................................................................54 F.15 Payments......................................................................................................................................54 F.16 No Other Replacement Proceeds.................................................................................................54 F.17 No Sinking or Pledged Fund.........................................................................................................55 F.18 Reserve Amount...........................................................................................................................55 F.19 Reimbursement Resolution. .........................................................................................................55 F.20 Reimbursement Expenditures. .....................................................................................................55 F.21 Change in Use of the Project........................................................................................................55 F.22 Rebate Obligations. ......................................................................................................................55 F.23 No Federal Guarantee..................................................................................................................56 F.24 Amendments.................................................................................................................................56 F.25 Reasonable Expectations.............................................................................................................56 F.26 Assignment...................................................................................................................................56

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Daly City Joint Powers Financing Authority
Agreement No.: XX-XXX-550
Project No.: X-XX-XXXX-XXX

Page 1 ends

SRF 02x2023

AGREEMENT

1. AUTHORITY.
(a) The State Water Resources Control Board (State Water Board) is authorized, and implements its authority, to provide financial assistance under this Agreement pursuant to Section 13475 et seq. of the Water Code, and Resolution Nos. 2019-0064 and 2023-0027. (b) The Recipient is authorized to enter into this Loan Agreement (Agreement) pursuant to Resolution No. ________________.

2. INTENTION.
(a) The Recipient desires to receive financial assistance for and undertake work required for the wastewater construction Project according to the terms and conditions set forth in this Agreement. (b) The State Water Board proposes to assist in providing financial assistance for eligible costs of the Project in the amount set forth in Exhibit B, according to the terms and conditions set forth in this Agreement, with the expectation that the Recipient shall repay all of the financial assistance to the State Water Board.
(c) The Recipient intends to evidence its obligation to submit Payments to the State Water Board and secure its obligation with the Revenues, as set forth in Exhibit B, according to the terms and conditions set forth in this Agreement.
(d) The Recipient and the Member Agencies intend to certify and evidence their compliance with the Tax Covenants set forth in Exhibit F.
(e) The Recipient and the Member Agencies intend to evidence their various obligations to construct, own, operate, and maintain the Project for its Useful Life. (f) The Recipient and each Member Agency will, concurrently with the execution of this Agreement, execute and deliver the Member Financing Agreements attached hereto as Exhibits G and H. The purpose of each Member Financing Agreement is to evidence each Member Agency’s obligation to make its Member Agency Payments and Member Agency Additional Payments to the Recipient and secure its obligation to pay its Member Agency Payments with its Member Agency Revenues, as set forth in Exhibit B, according to the terms and conditions set forth in this Agreement.

3. AGREEMENT, TERM, DOCUMENTS INCORPORATED BY REFERENCE.

In consideration of the mutual representations, covenants and agreements herein set forth, the State Water Board and the Recipient, each binding itself, its successors and assigns, do mutually promise, covenant, and agree to the terms, provisions, and conditions of this Agreement. (a) The State Water Board hereby loans to the Recipient in accordance with the provisions of this Agreement, which constitutes a secured promissory note for repayment of the loan. (b) Subject to the satisfaction of any condition precedent to this Agreement, this Agreement shall become effective upon the signature of both the Recipient and the State Water Board. Conditions precedent are not limited to the following:
i. The Recipient must deliver to the Division a resolution authorizing this Agreement.

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Daly City Joint Powers Financing Authority
Agreement No.: XX-XXX-550
Project No.: X-XX-XXXX-XXX

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ii. The Recipient must deliver an opinion of bond counsel and general counsel satisfactory to the State Water Board’s counsel dated on or after the date that the Recipient signs this Agreement.
iii. The Recipient must deliver executed copies of the Member Financing Agreements attached as Exhibits G and H to this Agreement.
iv. The Recipient must deliver the Member Agencies’ resolutions authorizing this Agreement.
v. The Recipient must deliver the Member Agencies’ opinions of general counsel and bond counsel that are satisfactory to the State Water Board’s counsel, dated on or after the date that the Recipient signs this Agreement.
(c) Upon execution, the term of the Agreement shall begin on the Eligible Work Start Date and extend through the Final Payment Date.
(d) This Agreement includes the following exhibits and attachments thereto:
i. EXHIBIT A – SCOPE OF WORK
ii. EXHIBIT B – FUNDING TERMS
iii. EXHIBIT C – GENERAL & PROGRAMMATIC TERMS & CONDITIONS iv. EXHIBIT D – SPECIAL CONDITIONS
v. EXHIBIT E – PAYMENT SCHEDULE
vi. EXHIBIT F – TAX CERTIFICATE
vii. EXHIBIT G –CITY MEMBER FINANCING AGREEMENT
viii. EXHIBIT H –DISTRICT MEMBER FINANCING AGREEMENT
(e) This Agreement includes the following documents incorporated by reference, as well as any documents incorporated by reference in Exhibit D:
i. the Final Plans & Specifications, dated __________, which are the basis for the construction contract to be awarded by the Recipient;
ii. Waste Discharge Requirement Order No. _________ (and/or National Pollutant Discharge Elimination System Permit No. _________), and any amendments thereto; iii. the Recipient’s Reimbursement Resolution No. _______ dated _________________; iv. the Recipient’s Tax Questionnaire dated _________________. v. the Davis-Bacon requirements found at:
https://www.waterboards.ca.gov/water_issues/programs/grants_loans/srf/docs/2023/dav is-bacon-2023-cwsrf-governmental-entities-public.pdf
(f) This Agreement, and any amendments hereto, may be executed and delivered in any number of counterparts, each of which when delivered shall be deemed to be an original, but such counterparts shall together constitute one document. The parties may sign this Agreement, and any amendments hereto, either by an electronic signature using a method approved by the State Water Board or by a physical, handwritten signature. The parties mutually agree that an electronic signature using a method approved by the State Water Board is the same as a physical, handwritten signature for the purposes of validity, enforceability, and admissibility. (g) All provisions of this Agreement that require the Recipient to undertake an operational act with respect to the Project shall be undertaken by the Member Agencies or relevant Member Agency on behalf of the Recipient, it being acknowledged by the parties to this Agreement that the Recipient is an entity established to provide conduit financing to the Member Agencies, that any or all of the Recipient and the Member Agencies will own the Project, and that any or all of the Recipient and the Member Agencies will manage the Project.

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Agreement No.: XX-XXX-550
Project No.: X-XX-XXXX-XXX

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4. PARTY CONTACTS
State Water Board Daly City Joint Powers Financing Authority Section: Division of Financial Assistance
Name: xxxx, Project Manager Name: Title
Address: 1001 I Street, ___ Floor Address:

City,
State, Zip:

Sacramento, CA 95814 City, State,
Zip:

Phone: (916) Phone:

Fax: (916) Fax:

Email: [PMemail]@waterboards.ca.gov
[[email protected]]
Email:

City of
Daly City
North San
Mateo
County
Sanitation
District
Name: Title Name: Title
Address: Address:

City,
State, Zip:

City, State,
Zip:

Phone: Phone:

Fax: Fax:

Email: Email:

The Recipient or any Member Agency may change its contact upon written notice to the Division, which notice shall be accompanied by authorization from the Recipient’s Authorized Representative or Member Agency Authorized Representative, as appropriate. The State Water Board will notify the Recipient and Member Agencies of any changes to its contact.

While the foregoing are contacts for day-to-day communications regarding Project work, the Recipient and Member Agencies shall provide official communications and events of Notice as set forth in Exhibit C to the Division’s Deputy Director.

5. DEFINITIONS.

Unless otherwise specified, each capitalized term used in this Agreement has the following meaning:
“Additional Member Agency Obligation” means any Member Agency Obligation issued or incurred on or after the effective date of this Agreement pursuant to the conditions of Exhibit B. “Additional Payments" means the reasonable extraordinary fees and expenses of the State Water Board, and of any assignee of the State Water Board's right, title, and interest in and to this Agreement, in connection with this Agreement, including all expenses and fees of accountants, trustees, staff, contractors, consultants, costs, insurance premiums and all other extraordinary costs reasonably incurred by the State Water Board or assignee of the State Water Board. "Allowance" means an amount based on a percentage of the accepted bid for an eligible project to help defray the planning, design, and construction engineering and administration costs of the Project. “Agreement” means this agreement, including all exhibits and attachments hereto.

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"Authorized Representative" means the duly appointed representative of the Recipient as set forth in the certified original of the Recipient’s authorizing resolution that designates the authorized representative by title.
"Bank" means the California Infrastructure and Economic Development Bank. “Bond Funded Portion of the Project Funds” means any portion of the Project Funds which was or will be funded with Bond Proceeds.
“Bond Proceeds” means original proceeds, investment proceeds, and replacement proceeds of Bonds. "Bonds" means any series of bonds issued by the Bank, the interest on which is excluded from gross income for federal tax purposes, all or a portion of the proceeds of which have been, are, or will be applied by the State Water Board to fund all or any portion of the Project Costs or that are secured in whole or in part by Payments paid hereunder.
“Charge In Lieu of Interest” means any fee or charge in lieu of some or all of, but not to exceed, the interest that would otherwise be owed under this Agreement, as set forth in Exhibit E. “City” means the City of Daly City.
“City Enterprise Fund” means the enterprise fund of the City into which City System Revenues are deposited.
“City Member Financing Agreement” means the Member Financing Agreement between the Recipient and the City, attached to this Agreement as Exhibit G.
“City Net System Revenues” means the Net Revenues as such term is defined in the City Member Financing Agreement.
"City System" means all water collection, pumping, transport, treatment, storage, and disposal facilities, including land and easements thereof, owned by the City, including the Project, and all other properties, structures, or works hereafter acquired and constructed by the City and determined to be a part of the City System, together with all additions, betterments, extensions, or improvements to such facilities, properties, structures, or works, or any part thereof hereafter acquired and constructed. “City System Revenues” means, for each Fiscal Year, all gross income and revenue received or receivable by the City from the ownership or operation of the City System, determined in accordance with GAAP, including
(i) all rates, fees, and charges (including connection fees and charges) as received by the City for the services of the City System, and
(ii) all other income and revenue howsoever derived by the City from the ownership or operation of the City System or arising from the City System, including all income from a. the deposit or investment of any money in the City Enterprise Fund or any rate stabilization fund of the City or held on the City’s behalf, b. any refundable deposits made to establish credit, and c. advances or contributions in aid of construction.

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For the avoidance of doubt, refundable deposits and advances or contributions are not included in the definition of City System Revenues.
"Code" as used in Exhibit F of this Agreement means the Internal Revenue Code of 1986, as amended, and any successor provisions and the regulations of the U.S. Department of the Treasury promulgated thereunder.
"Completion of Construction" means the date, as determined by the Division after consultation with the Recipient, that the work of building and erection of the Project is substantially complete, and is identified in Exhibit A of this Agreement.
“Cover Page” means the front page of this Agreement.
“Days” means calendar days unless otherwise expressly indicated. “Deputy Director” means the Deputy Director of the Division. “District” means the North San Mateo County Sanitation District. “District Enterprise Fund” means the enterprise fund of the District into which District System Revenues are deposited.
“District Member Financing Agreement” means the Member Financing Agreement between the Recipient and the District, attached to this Agreement as Exhibit H. “District Net System Revenues” means the Net Revenues as such term is defined in the District Member Financing Agreement.
“District Parity Obligation” means the Installment Sale Agreement by and between North San Mateo County Sanitation District and California State Water Resources Control Board dated November 26, 2003 (Agreement No.: 02-816-550-0, ISA No.: C-06-4801-110, Project No.: 4801-110.) “District System” means all wastewater collection, pumping, transport, treatment, storage, and disposal facilities, including land and easements thereof, owned by the District, including the Project, and all other properties, structures, or works hereafter acquired and constructed by the District and determined to be a part of the District System, together with all additions, betterments, extensions, or improvements to such facilities, properties, structures, or works, or any part thereof hereafter acquired and constructed. “District System Revenues” means, for each Fiscal Year, all gross income and revenue received or receivable by the District from the ownership or operation of the District System, determined in accordance with GAAP, including
(i) all rates, fees, and charges (including connection fees and charges) as received by the District for the services of the District System, and
(ii) all other income and revenue howsoever derived by the District from the ownership or operation of the District System or arising from the District System, including all income from a. the deposit or investment of any money in the District Enterprise Fund or any rate stabilization fund of the District or held on the District’s behalf, b. any refundable deposits made to establish credit, and

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c. advances or contributions in aid of construction.

For the avoidance of doubt, refundable deposits and advances or contributions are not included in the definition of District System Revenues.
"Division" means the Division of Financial Assistance of the State Water Board or any other segment of the State Water Board authorized to administer this Agreement. “Eligible Construction Start Date” means the date set forth on the Cover Page of this Agreement, establishing the date on or after which construction costs may be incurred and eligible for reimbursement hereunder.
“Eligible Work Start Date” means the date set forth on the Cover Page of this Agreement, establishing the date on or after which any non-construction costs may be incurred and eligible for reimbursement hereunder.
“Event of Default” means the occurrence of any of the following events:
a) Failure by the Recipient to make any payment required to be paid pursuant to this Agreement, including Payments or Additional Payments or payments to contractors or subcontractors; b) Failure by a Member Agency to make any payment set forth in its Member Financing Agreement; c) A representation or warranty made by or on behalf of the Recipient or any Member Agency in this Agreement or in any document furnished by or on behalf of the Recipient to the State Water Board pursuant to this Agreement shall prove to have been inaccurate, misleading or incomplete in any material respect;
d) A material adverse change in the condition of the Recipient, the Revenues, a Member Agency, any Member Agency Revenues or the System, which the Division reasonably determines would materially impair the Recipient’s ability to satisfy its obligations under this Agreement. e) Failure by the Recipient or any Member Agency to comply with the additional debt test or reserve fund requirement, if any, in Exhibit B of this Agreement; f) Failure by the Recipient or any Member Agency to operate the System or the Project without the Division’s approval;
g) Failure by the Recipient or any Member Agency to observe and perform any covenant, condition, or provision in this Agreement, which failure shall continue for a period of time, to be determined by the Division;
h) The occurrence of a material breach or event of default under any Member Agency Obligation that results in the acceleration of principal or interest or otherwise requires immediate prepayment, repurchase or redemption;
i) Initiation of proceedings seeking arrangement, reorganization, or any other relief under any applicable bankruptcy, insolvency, or other similar law; the appointment of or taking possession of the Recipient’s or any Member Agency’s property by a receiver, liquidator, assignee, trustee, custodian, conservator, or similar official; the Recipient’s or a Member Agency’s entering into a general assignment for the benefit of creditors; the initiation of resolutions or proceedings to terminate the Recipient’s or any Member Agency’s existence, or any action in furtherance of any of the foregoing; j) A determination pursuant to Gov. Code section 11137 that the Recipient or any Member Agency has violated any provision in Article 9.5 of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code;
k) The occurrence of a material breach or event of default by the Recipient or any Member Agency under any of the following agreements:

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• The Joint Exercise of Powers Agreement Daly City Joint Powers Financing Authority, by and between the City of Daly City and the North San Mateo County Sanitation District, dated March 1, 2021 and as subsequently amended (the “Joint Exercise of Powers Agreement”) • Any Member Financing Agreement
• Any Subsequent Member Financing Agreement
l) Loss of any rights, licenses, permits, or privileges necessary for the operation of the System or the Project, or the occurrence of any material restraint on the enterprise of the Recipient or any Member Agency by a government agency or court order.
“Final Payment Date” is the date by which all principal and accrued interest due under this Agreement is to be paid in full to the State Water Board and is specified on the Cover Page of this Agreement. “Final Reimbursement Request Date” means the date set forth as such on the Cover Page of this Agreement, after which date, no further Project Funds disbursements may be requested. "Fiscal Year" means the period of twelve (12) months terminating on June 30 of any year, or any other annual period selected and designated by the Recipient and/or a Member Agency as its Fiscal Year in accordance with applicable law.
"Force Account" means the use of the Recipient's or a Member Agency’s own employees, equipment, or resources for the Project.
“GAAP” means generally accepted accounting principles, the uniform accounting and reporting procedures set forth in publications of the American Institute of Certified Public Accountants or its successor, or by any other generally accepted authority on such procedures, and includes, as applicable, the standards set forth by the Governmental Accounting Standards Board or its successor, or the Uniform System of Accounts, as adopted by the California Public Utilities Commission for water utilities. "Initiation of Construction" means the date that notice to proceed with work is issued for the Project, or, if notice to proceed is not required, the date of commencement of building and erection of the Project. “JPFA Debt Service Fund” means the debt service fund of the Recipient into which the Revenues are deposited.
“JPFA Obligation” means any obligation of the Recipient payable from the Revenues, including but not limited to this Obligation. This Agreement is the only JPFA Obligation. “Listed Event” means, so long as any Member Agency has outstanding any Member Agency Obligation subject to Rule 15c2-12, any of the events required to be reported with respect to such Member Agency Obligation pursuant to Rule 15c2-12(b)(5).
“Member Agency” means any one of the City of Daly City and the North San Mateo County Sanitation District, and any additional entities that may join the Joint Exercise of Powers Agreement, subject to Exhibit D of this Agreement.
“Member Agency Additional Payment” means an amount payable by a Member Agency under its Member Financing Agreement that represents the Member Agency’s allocable portion of a payment obligation of the Recipient under this Agreement that is not debt service on the JPFA Obligation. "Member Agency Authorized Representative" means the duly appointed representative of the Member Agency as set forth in the certified original of the Member Agency’s authorizing resolution that designates the authorized representative by title.

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“Member Agency Debt Service” means, as of any date, with respect to a Member Agency’s respective outstanding Member Agency Obligations and, in the case of the additional debt tests in Exhibit B of this Agreement, any Member Agency Obligations of such Member Agency that are proposed to be outstanding, the aggregate amount of principal and interest scheduled to become due (either at maturity or by mandatory redemption), together with payment allocable to a Charge In Lieu of Interest on such Member Agency Obligation, calculated with the following assumptions:
a. Principal payments (unless a different subdivision of this definition applies for purposes of determining principal maturities or amortization) are made in accordance with any amortization schedule published for such principal, including any minimum sinking fund payments; b. Interest on a variable rate Member Agency Obligation that is not subject to a swap agreement and that is issued or will be issued as a tax-exempt obligation under federal law, is the average of the SIFMA Municipal Swap Index, or its successor index, during the 24 months preceding the date of such calculation;
c. Interest on a variable rate Member Agency Obligation that is not subject to a swap agreement and that is issued or will be issued as a taxable obligation under federal law, is the average of SOFR, or its successor index, during the 24 months preceding the date of such calculation; d. Interest on a variable rate Member Agency Obligation that is subject to a swap agreement is the fixed swap rate or cap strike rate, as appropriate, if the variable rate has been swapped to a fixed rate or capped pursuant to an interest rate cap agreement or similar agreement; e. Interest on a fixed rate Member Agency Obligation that is subject to a swap agreement such that all or a portion of the interest has been swapped to a variable rate shall be treated as variable rate debt under subdivisions (b) or (c) of this definition of Member Agency Debt Service; f. Payments of principal and interest on a Member Agency Obligation are excluded from the calculation of Member Agency Debt Service to the extent such payments are to be paid from amounts then currently on deposit with a trustee or other fiduciary and restricted for the defeasance of such Member Agency Obligation;
g. If 25% or more of the principal of a Member Agency Obligation is not due until its final stated maturity, then principal and interest on that Member Agency Obligation may be projected to amortize over the lesser of 30 years or the Useful Life of the financed asset, and interest may be calculated according to subdivisions (b)-(e) of this definition of Member Agency Debt Service, as appropriate. “Member Agency Enterprise Fund” means, with respect to the City, the City Enterprise Fund, and with respect to the District, the District Enterprise Fund.
“Member Agency Net Revenues” means each of the City Net System Revenues and the District Net System Revenues.
“Member Agency Obligation” means, with respect to each Member Agency, any Member Agency Parity Obligation, Member Agency Senior Obligation, Member Agency Subordinate Obligation, or other material obligations, including this Obligation.
“Member Agency Parity Obligation” means the City Parity Obligation and the District Parity Obligation, or either of them.
“Member Agency Payment” means any amount payable by a Member Agency under its Member Financing Agreement that represents the Member Agency’s allocable portion of debt service on the

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Obligation. For the avoidance of doubt, a Charge In Lieu of Interest constitutes a Member Agency Payment.
“Member Agency Revenues” means, with respect to the City, the City System Revenues, and with respect to the District, the District System Revenues.
“Member Agency Senior Obligation” means any obligation of the Member Agencies senior to the Member Financing Agreements. There are no Member Agency Senior Obligations. “Member Agency Subordinate Obligation” means any obligation of the Member Agencies subordinate to the Member Financing Agreements. There are no Member Agency Subordinate Obligations. “Member Financing Agreement” means the City Member Financing Agreement and the District Member Financing Agreement, as applicable.
“Member Maximum Annual Debt Service” means the maximum amount of Member Agency Debt Service due on any Member Agency’s Member Agency Obligations in a Fiscal Year during the period commencing with the Fiscal Year for which such calculation is made and within the next five years in which Member Agency Debt Service for such Member Agency Obligations will become due. "Obligation" means the obligation of the Recipient to make Payments (including Additional Payments) or any Member Agency to make Member Agency Payments (including Member Agency Additional Payments) as provided herein, as evidenced by the execution of this Agreement, proceeds of such obligations being used to fund the Project as specified in the Project Description in Exhibit A and Exhibit B and in the documents thereby incorporated by reference. "Operations and Maintenance Costs" means, with respect to each System, the reasonable and necessary costs paid or incurred by a Member Agency for maintaining and operating its System, determined in accordance with GAAP, including all reasonable expenses of management and repair and all other expenses necessary to maintain and preserve the relevant System in good repair and working order, and including all reasonable and necessary administrative costs of the Member Agency that are charged directly or apportioned to the operation of the System, such as salaries and wages of employees, overhead, taxes (if any), the cost of permits, licenses, and charges to operate the System and insurance premiums; but excluding, in all cases (a) depreciation, replacement, and obsolescence charges or reserves therefor and amortization of intangibles, (b) all costs paid from the proceeds of taxes received by a Member Agency and (c) all interest charges and charges for the payment of principal, or amortization, of bonded or other indebtedness of a Member Agency. For the avoidance of doubt, “Operation and Maintenance Costs” includes amounts payable for operation and maintenance under the Joint Exercise of Powers Agreement, but does not include payments made by a Member Agency under the Joint Exercise of Powers Agreement in respect of debt service on notes, bonds or other obligations issued by a Member Agency or the Recipient.
“Payment” means any payment due to the State Water Board from the Recipient pursuant to this Agreement.
“Payment Date” means any date on which any Payment becomes due and payable. "Policy" means the State Water Board's “Policy for Implementing the Clean Water State Revolving Fund,” as amended from time to time, including the Intended Use Plan in effect as of the execution date of this Agreement.
“Project” means the Project financed by this Agreement as described in Exhibits A and B and in the documents incorporated by reference herein.

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"Project Completion" means the date, as determined by the Division after consultation with the Recipient, that operation of the Project is initiated or is capable of being initiated, whichever comes first. "Project Costs" means the incurred costs of the Recipient which are eligible for financial assistance under this Agreement, which are allowable costs as defined under the Policy, and which are reasonable, necessary and allocable by the Recipient to the Project under GAAP, and may include capitalized interest.
“Project Funds” means all moneys disbursed to the Recipient by the State Water Board for eligible Project Costs pursuant to this Agreement.
“Recipient” means the Daly City Joint Powers Financing Authority. The Recipient bears the ultimate responsibility to ensure all of the obligations imposed upon the Recipient by this Agreement are carried out in accordance with the terms hereof. Nothing in this Agreement shall be construed to relieve, and no provision of any agreement or arrangement with any third party shall have the effect of relieving, the Recipient of this responsibility or to limit or excuse its liability for the breach of any duty herunder. “Records Retention End Date” means the last date that the Recipient is obligated to maintain records and is set forth on the Cover Page of this Agreement.
“Regional Water Quality Control Board” or “Regional Water Board” means the appropriate Regional Water Quality Control Board.
“Reimbursement Resolution” means the Recipient’s reimbursement resolution identified and incorporated by reference in this Agreement.
“Reserve Fund” means the reserve fund required pursuant to Exhibit B of this Agreement. “Revenues” means: (a) Member Agency Payments; (b) Member Agency Additional Payments; and (c) income and gains with respect to the investment of amounts on deposit in the JPFA Debt Service Fund. The term “Revenues” does not include amounts payable by the Members under the Member Financing Agreements with respect to any bonds, notes or other obligations of the Recipient other than the Obligation.

For the avoidance of doubt, any administrative expenses required to be paid to the Recipient by the Members under the Joint Exercise of Powers Agreement are not Revenues. “Rule 15c2-12(b)(5)” means Rule 15c2-12(b)(5) promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934, as amended. “SRF” means the Clean Water State Revolving Fund.
“State” means State of California.
“State Water Board” means the State Water Resources Control Board. “Subsequent Member Financing Agreement” means any future agreement with an entity other than an existing Member Agency creating or evidencing such entity’s obligation to make payments to the Recipient representing any portion of the Payments or Additional Payments on the JPFA Obligation. “System” means the City System and the District System, or either of them. “Useful Life” means the economically useful life of the Project beginning at Completion of Construction and is set forth in Exhibit A.

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“Year” means calendar year unless otherwise expressly indicated.

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IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

DALY CITY JOINT POWERS FINANCING AUTHORITY:

By:____________________________________
Name: [Officer]
Title: [Title1]
Date:__________________________________
CITY OF DALY CITY:

By: ____________________________________
Name: [Officer]
Title: [Title1]
Date: __________________________________
NORTH SAN MATEO COUNTY SANITATION DISTRICT:

By: ____________________________________
Name: [Officer]
Title: [Title1]
Date: __________________________________
STATE WATER RESOURCES CONTROL BOARD:

By:____________________________________
Name:

Title: Deputy Director
Division of Financial Assistance
Date:__________________________________

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Exhibit A
EXHIBIT A – SCOPE OF WORK
A.1. PROJECT DESCRIPTION, USEFUL LIFE, AND SCOPE OF WORK. (a) The Project is the project set forth on the Cover Page of this Agreement. (b) The Useful Life of this Project is at least ________ years. (c) Scope of Work.
to be inserted by DFA
A.2. STANDARD PROJECT REQUIREMENTS.

A.2.1 Acknowledgements.

The Recipient shall include the following acknowledgement in any document, written report, or brochure prepared in whole or in part pursuant to this Agreement:
“Funding for this project has been provided in full or in part through an agreement with the State Water Resources Control Board. California’s Clean Water State Revolving Fund is capitalized through a variety of funding sources, including grants from the United States Environmental Protection Agency and state bond proceeds. The contents of this document do not necessarily reflect the views and policies of the foregoing, nor does mention of trade names or commercial products constitute endorsement or recommendation for use.”
A.2.2 Reports
A.2.2.1 Progress Reports.
(a) The Recipient must provide a progress report to the Division each quarter, beginning no later than 90 days after execution of this Agreement.
(b) The Recipient must provide a progress report with each reimbursement request. Failure to provide a complete and accurate progress report may result in the withholding of Project Funds, as set forth in Exhibit B.
(c) A progress report must contain the following information:
i. A summary of progress to date including a description of progress since the last report, percent construction complete, percent contractor invoiced, and percent schedule elapsed;
ii. A description of compliance with environmental requirements; iii. A listing of change orders including amount, description of work, and change in contract amount and schedule; and
iv. Any problems encountered, proposed resolution, schedule for resolution, and status of previous problem resolutions.

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Exhibit A
A.2.2.2 Project Completion Report.
(a) The Recipient must submit a Project Completion Report to the Division with a copy to the appropriate Regional Water Board on or before the due date established by the Division and the Recipient at the time of final project inspection. The Project Completion Report must include the following:
i. Description of the Project,
ii. Description of the water quality problem the Project sought to address, iii. Discussion of the Project’s likelihood of successfully addressing that water quality problem in the future, and
iv. Summary of compliance with applicable environmental conditions. (b) If the Recipient fails to submit a timely Project Completion Report, the State Water Board may stop processing pending or future applications for new financial assistance, withhold disbursements under this Agreement or other agreements, and begin administrative proceedings.

A.2.2.3 As Needed Reports.

The Recipient must provide expeditiously, during the term of this Agreement, any reports, data, and information reasonably required by the Division, including but not limited to material necessary or appropriate for evaluation of the funding program or to fulfill any reporting requirements of the state or federal government.

A.2.2.4 DBE Good Faith Efforts and Reports for SRF Projects.

The Recipient shall comply with the Disadvantaged Business Enterprises (DBE) requirements in 40 CFR § 33.301 for the Project and require its contractors and subcontractors on the Project to comply. 40 CFR § 33.301 requires the use of good faith efforts to utilize DBE’s whenever procuring construction, equipment, services, and supplies. The Recipient must report DBE utilization to the Division on the DBE Utilization Report, State Water Board Form DBE UR334. The Recipient must submit such reports to the Division annually within ten (10) calendar days following October 1 until such time as the "Notice of Completion" is issued.

A.2.3 Signage.

The Recipient shall comply with both sections A.2.3.1 and A.2.3.2 unless the Division approves an alternative method of satisfying the applicable signage requirements.

A.2.3.1 General Signage Requirements.

The Recipient shall implement one of the public awareness options provided in the United States Environmental Protection Agency’s (USEPA) memorandum dated June 3, 2015, available at Enhancing Public Awareness of SRF Assistance Agreements | US EPA. If the Recipient chooses to post a physical sign, the Recipient shall comply with the requirements in sections A.2.3.1(a) through (d). If the Recipient chooses an alternative method of satisfying the requirements of the June 3, 2015 memorandum, such as online and social media publicity, then section A.2.3.1(a) shall not apply, but Recipient shall include the logos and statement specified in sections A.2.3.1(b) and (c) when implementing the alternative method.

The Recipient shall inform the Project Manager of the chosen public awareness method and provide documentation if requested. Regardless of the method chosen for this section A.2.3.1, the Recipient shall also comply with the requirements of section A.2.3.2.

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