a diversion structure or route it through the Vista Grande Tunnel to be discharged into the Pacific Ocean.
D. As part of the Project, Licensee will replace an SFPUC-owned overflow facility on a portion of the Property with the new Lake Merced Overflow Structure consisting of an adjustable Overflow Outlet Weir and Siphon pipeline and related appurtenances.
E. In May 2023, Daly City, in coordination with the SFPUC and after consultation with the Regional Water Quality Control Board, submitted to the RWQCB a Vista Grande Drainage Basin Improvement Project Lake Management Plan to establish and document for the RWCQB how Daly City will implement the Project, including an overview of the initial operational plan for the diversion of stormwater from the Canal to Lake Merced and the monitoring and management of lake levels.
F. On October 21 st, 2025, the San Francisco Board of Supervisors approved a Memorandum of Agreement between the SFPUC and Daly City to memorialize, among other things, the Parties’ respective obligations related to the implementation of the Project by Daly City, the SFPUC’s financial contribution toward Project construction, and the ongoing management of information regarding the water quality and the quantity and frequency of stormwater diversions to and withdrawals from Lake Merced. Under the MOA, City agrees to convey certain real property rights, easements, and licenses to Daly City for the Project, including this License to construct, operate, and maintain the SFPUC Overflow Facilities.
Fiscal Impact
Sufficient funds are available in the Sanitation Fund 87 fund balance to cover the $4,778 application and use fees.
Summary/Conclusion
Authorize the City Manager to execute a License Agreement with the City and County of San Francisco (SFPUC) to construct a new Lake Merced Overflow Structure for the Vista Grande Drainage Basin Improvement Project.
Staff is available to provide any additional information desired by the City Council members.
Respectfully submitted,
Joshua Cosgrove Rose Zimmerman
Director of Water and Wastewater Resources City Attorney
Attachment: Draft License Agreement to Construct Lake Merced Overflow Structure
5146312.5 1 Rev. March 2025
SAN FRANCISCO PUBLIC UTILITIES COMMISSION
LICENSE AGREEMENT
(License #P4715)
THIS LICENSE AGREEMENT (this “License”) dated for reference purposes only as of ____________, 2026, is made by and between the CITY AND COUNTY OF SAN FRANCISCO, a municipal corporation (“City”), acting by and through its Public Utilities Commission (the “SFPUC”), and the CITY OF DALY CITY, a municipal corporation (“Licensee”). City and Licensee sometimes are referred to collectively in this License as the “Parties” or singularly as a “Party.”
RECITALS
A. San Francisco, through the SFPUC, owns real property located in the City and County of San Francisco, described as SFPUC Parcel No. 55 and designated as a portion of Assessor’s Parcel No. 7283-004, running north along the east and west sides of John Muir Drive (“Property”). The Property constitutes a portion of the SFPUC’s regional water delivery system and contains SFPUC water supply and wastewater facilities and associated utility rights of way.
The Property is more particularly described in the attached Exhibit A-1 and shown generally on the map attached as Exhibit A-2.
B. Daly City seeks to implement the Vista Grande Basin Drainage Improvement Project (“Project”) to upgrade the Vista Grande storm drain system, which is a regional stormwater system that drains the northwestern portion of Daly City and an unincorporated portion of San Mateo County. SFPUC staff and consultants worked for several years with Daly City staff and consultants to develop the Project. The Project seeks to alleviate storm-related flooding in Daly City and San Francisco, reduce uncontrolled overflows from Daly City’s Vista Grande Canal (“Canal”) into Lake Merced, and also facilitate the augmentation and management of Lake Merced water levels, which have steadily declined, by using sustainable supplies of Daly City’s stormwater.
C. The Project would route storm water from the Canal through a treatment wetland to be developed on the Property, and then would either discharge stormwater to South Lake Merced via a diversion structure or route it through the Vista Grande Tunnel (“Tunnel”) to be discharged into the Pacific Ocean.
D. As part of the Project, Licensee will replace an SFPUC-owned overflow facility on a portion of the Property with the new Lake Merced Overflow Structure consisting of an adjustable Overflow Outlet Weir and Siphon pipeline and related appurtenances (“SFPUC Overflow Facilities”).
E. In May 2023, Daly City, in coordination with the SFPUC and after consultation with the Regional Water Quality Control Board (“RWQCB”), submitted to the RWQCB a Vista Grande Drainage Basin Improvement Project Lake Management Plan (“Lake Management Plan”) to establish and document for the RWCQB how Daly City will implement the Project, including an overview of the initial operational plan for the diversion of stormwater from the Canal to Lake Merced and the monitoring and management of lake levels.
5146312.5 2 Rev. March 2025
F. On _________, 2025, the San Francisco Board of Supervisors approved a Memorandum of Agreement between the SFPUC and Daly City to memorialize, among other things, the Parties’ respective obligations related to the implementation of the Project by Daly City, the SFPUC’s financial contribution toward Project construction, and the ongoing management of information regarding the water quality and the quantity and frequency of stormwater diversions to and withdrawals from Lake Merced (the “MOA”). Under the MOA, City agrees to convey certain real property rights, easements, and licenses to Daly City for the Project, including this License to construct, operate, and maintain the SFPUC Overflow Facilities.
G. Daly City, as Lead Agency under the California Environmental Quality Act (“CEQA”), and the United States Department of the Interior, acting by and through its National Park Service (the “Park Service”), as Lead Agency under the National Environmental Policy Act (NEPA), have prepared a joint Final Environmental Impact Report and Environmental Impact Statement (“FEIR/FEIS”), pursuant to the provisions of CEQA, which was released for agency review on September 8, 2017 (State Clearinghouse Number 2013032001). Daly City certified the FEIR/FEIS and approved the Vista Grande South Lake Merced Alternative described in the FEIR/FEIS via City Council Res. No. 17-200, dated December 11, 2017, adopting the mitigation measures included in the FEIR/FEIS and set forth in the Environmental Commitments Record, and assumed responsibility for their implementation. On June 9, 2025, the City of Daly City adopted an Addendum to the previously certified Final EIR/EIS for the Project to address minor revisions and additions to the Project that occurred after Project approval.
H. San Francisco is a responsible agency under CEQA for review and approval of aspects of the Project. San Francisco has reviewed and considered the FEIR/FEIS and the Project approval documents and has approved this Agreement and adopted findings required under CEQA.
I. The SFPUC Commission has recommended the issuance of this License pursuant to SFPUC Resolution No. ______ and the San Francisco Board of Supervisors has approved this License pursuant to Resolution No. _______.
NOW, THEREFORE, for and in consideration of the foregoing Recitals, which are incorporated into this License by this reference, the mutual covenants and obligation of the Parties contained in this License, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows:
BASIC LICENSE INFORMATION
The following is a summary of basic license information (the “Basic License Information”). Each item below will be deemed to incorporate all the terms set forth in this License pertaining to the item. In the event of any conflict between the information in this Section and any more specific provision of this License, the more specific provision will control.
City: CITY AND COUNTY OF SAN FRANCISCO, acting by and
through its Public Utilities Commission
Licensee: CITY OF DALY CITY
5146312.5 3 Rev. March 2025
License Area (Section 1): An approximately 9,286-square-foot portion of SFPUC Parcel No. 55 (“Lake Merced Tract”), commonly known as Assessor’s Parcel No. 7283-004, located in San Francisco, California, as more particularly described in the attached Exhibit B-1 and shown in the attached Exhibit B-2, together with any
appurtenances. The SFPUC Overflow Facilities are described more particularly in the Approved Plans and Specifications in the attached Exhibit D.
Term (Section 2): Fifty (50) years commencing on the Commencement Date and expiring on the Expiration Date (“Term”).
Commencement Date: _______________, 2026
License Term Expiration Date: _______________, 2076
Permitted Acts
(Section 4(a)):
Licensee may enter in, upon, through, and across a portion of the Property as depicted in Exhibit B-2 to install, construct, use, operate, maintain, repair, and replace the SFPUC Overflow Facilities in the License Area.
Permitted Improvements: Licensee may install the SFPUC Overflow Facilities constructed in accordance with this License and as described in the Approved Plans and Specifications in the attached Exhibit D.
Application Fee
(Section 7(a)):
$2,500
Use Fee (Section 7(b)): $2,278
Security for Performance
(Section 3):
N/A
Remit All Payments To: City and County of San Francisco c/o Customer Service Bureau
Attn: Real Estate Billing
525 Golden Gate Avenue, 3rd Floor
San Francisco, CA 94102
Reference: License P4715
Licensee’s Share of
Property Taxes:
See Section 30 [Taxes, Assessments, Licenses, License Fees, and Liens].
Notices: See Section 31 [Notices].
Key City Contact for Legal
Notices:
SFPUC Real Estate Director
City Telephone No. and
Email:
(415) 487-5210
[email protected]
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Key City Contact for
Routine or Day to Day
Communications:
[SFPUC to identify correct day-to-day contact. This is a WWE asset.]
Key Licensee Contact for
Legal Notice and for
Routine or Day-to-Day
Communications:
Joshua Cosgrove, Director of Water & Wastewater Resources Licensee Telephone No.
and Email:
(650) 991-8206
Email: [email protected]
Alternate Contact for
Licensee:
Anthony Tofiga, Senior Management Analyst, Department of Water & Wastewater Resources
Licensee Telephone No.
and Email:
(650) 991-8202
Email: [email protected]
Licensee’s Billing Address: Department of Water & Wastewater Resources City of Daly City
153 Lake Merced Blvd
Daly City, CA 94015
Attn: Joshua Cosgrove
Re: Vista Grande Mitigation Sites
License P4715
AGREEMENT
City and Licensee agree as follows:
1. License. City confers to Licensee a personal, non-exclusive, and non-possessory privilege to access, install, construct, use, operate, improve, maintain, repair, and replace an SFPUC-owned overflow pipeline and related appurtenances (“SFPUC Overflow Facilities”) on the License Area.
The License Area is described and depicted in the attached Exhibits B-1 and B-2. The SFPUC Overflow Facilities are depicted more particularly in the Approved Plans and Specifications in the attached Exhibit D. This License gives Licensee a license only and notwithstanding anything to the contrary in this License, it does not constitute a grant by City of any ownership, leasehold, easement, or other property interest or estate whatsoever in any portion of the License Area or to the SFPUC Overflow Facilities. Nothing in this License will be construed as granting or creating any franchise rights pursuant to any federal, state, or local laws.
THE PRIVILEGE GIVEN TO LICENSEE UNDER THIS LICENSE IS EFFECTIVE
ONLY INSOFAR AS THE RIGHTS OF CITY IN THE LICENSE AREA ARE CONCERNED,
AND LICENSEE WILL OBTAIN ANY FURTHER PERMISSION NECESSARY BECAUSE OF ANY OTHER EXISTING RIGHTS AFFECTING THE LICENSE AREA. WITHOUT LIMITING
THE FOREGOING, THIS LICENSE IS BEING ISSUED SUBJECT AND SUBORDINATE TO
ALL OF THE TERMS AND CONDITIONS OF THAT CERTAIN DEED DATED AND RECORDED MARCH 3, 1930 IN BOOK 2002, AT PAGE 1, OF OFFICIAL RECORDS OF SAN
5146312.5 5 Rev. March 2025
FRANCISCO COUNTY, PURSUANT TO WHICH CITY ACQUIRED ITS INTEREST IN THE
LICENSE AREA, A COPY OF WHICH IS ATTACHED TO THIS LICENSE AS EXHIBIT C (THE “DEED”), AND ALL OTHER EXISTING AND FUTURE DOCUMENTS AND
INSTRUMENTS OF RECORD AFFECTING THE LICENSE AREA (COLLECTIVELY, WITH THE DEED, THE “RECORDED DOCUMENTS”). LICENSEE MUST SECURE ALL
ADDITIONAL NECESSARY APPROVALS, PERMITS, LICENSES, AND CONSENTS, AND
DELIVER ALL NECESSARY NOTICES, BEFORE COMMENCING WORK IN THE LICENSE
AREA, INCLUDING ANY APPROVALS, PERMITS, LICENSES, CONSENTS, OR NOTICES REQUIRED FROM OR TO THE GRANTOR UNDER THE RECORDED DOCUMENTS. FOR CITY’S BENEFIT, LICENSEE COVENANTS AND AGREES THAT LICENSEE WILL FULLY
COMPLY WITH THE TERMS AND CONDITIONS OF THE RECORDED DOCUMENTS AND
ANY OTHER RULES AND REGULATIONS PROMULGATED BY CITY AS THEY APPLY
TO ANY WORK TO BE PERFORMED OR THE SFPUC OVERFLOW FACILITIES TO BE
INSTALLED BY LICENSEE ON THE LICENSE AREA PURSUANT TO THIS LICENSE, AND
CITY WILL HAVE NO RESPONSIBILITY OR LIABILITY OF ANY KIND WITH RESPECT THERETO. LICENSEE ACKNOWLEDGES AND AGREES THAT NEITHER CITY NOR ANY
OF ITS DEPARTMENTS, COMMISSIONS, OFFICERS, DIRECTORS, AND EMPLOYEES,
AND ALL PERSONS ACTING BY, THROUGH, OR UNDER EACH OF THEM HAVE MADE,
AND CITY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR
IMPLIED, CONCERNING THE PRESENT OR FUTURE SUITABILITY OF THE LICENSE AREA FOR LICENSEE’S INTENDED WORK OR THE SFPUC OVERFLOW FACILITIES,
THE IMPACT OF ANY TERM OR CONDITION OF THE RECORDED DOCUMENTS ON LICENSEE’S RIGHTS UNDER THIS LICENSE, OR THE ABILITY TO OBTAIN OR
DELIVER, OR THE PROCEDURE FOR OBTAINING OR DELIVERING, ANY NECESSARY
APPROVALS, LICENSES, PERMITS, CONSENTS OR NOTICES FROM OR TO THE
GRANTOR UNDER THE RECORDED DOCUMENTS OR ANY OTHER PARTY WITH RESPECT TO ANY MATTERS CONTAINED IN THIS LICENSE.
2. Term of License.
(a) Term. The privilege conferred to Licensee pursuant to this License will commence on the Commencement Date, as shown in the Basic License Information. The Commencement Date is the first business day on which each of the following events has occurred: (a) the Parties have duly executed and delivered this License; (b) the SFPUC’s Commission and City’s Board of Supervisors have adopted resolutions approving this License; and (c) Licensee’s City Council has approved this License (the “Commencement Date”). Following the Commencement Date, the Term of this License will immediately expire upon the first of the following events to occur:
(i) fifty (50) years after the Commencement Date; (ii) immediately upon written notice from the SFPUC to Daly City to terminate this License if the Lake Management Plan is amended and no longer requires that Daly City operate and maintain the SFPUC Overflow Facilities; or (iii) immediately upon City’s written notice to Daly City to terminate this License if Daly City fails to operate the SFPUC Overflow Facilities in accordance with the Lake Management Plan, and the SFPUC is forced to assume responsibility for the operation and maintenance of the SFPUC Overflow Facilities, subject to the notice and cure procedures set forth in Section 17 [Default; Remedies].
(b) Revocability. At its sole option, but subject to the notice and cure procedures set forth in Section 17 [Default; Remedies], City may freely revoke this License if Licensee fails to
5146312.5 6 Rev. March 2025
operate the SFPUC Overflow Facilities in accordance with the Lake Management Plan, in City’s sole discretion, and without any obligation to pay any consideration to Licensee or return to Licensee any part of the Use Fee. Upon any revocation, Licensee will promptly surrender the License Area in the condition required by this License. The installation of facilities or the existence of other improvements to, or alterations of, the License Area, regardless of cost, will not in any way whatsoever limit City’s right to revoke this License.
3. Intentionally Omitted.
4. Use of License Area.
(a) Permitted Acts. Licensee may enter and use the License Area for the sole purpose of accessing, installing, constructing, using, operating, maintaining, repairing, and replacing the SFPUC Overflow Facilities in the License Area, in strict accordance with Section 5(a) [Approval of Plans and Specifications] below, and for no other purpose whatsoever (“Permitted Acts”). (b) Subject to City Uses. Licensee is aware that the License Area constitutes a portion of City’s regional water system. The License Area remains property under the direct jurisdiction, management, and control of the SFPUC pursuant to San Francisco Charter Article VIII.B. The SFPUC has the ultimate authority over all matters regarding the entire Property. Notwithstanding anything to the contrary in this License, all of Licensee’s activities pursuant to this License will be subject and subordinate at all times to City’s existing and future use of the License Area for municipal and other purposes. City will in no way be liable for any damage or destruction to Licensee’s property and/or improvements resulting from the condition of the License Area or use of the License Area by SFPUC for any utility purpose.
5. Installation of Facilities. Licensee may perform the permitted acts described in Section 4(a) [Permitted Acts] above on the License Area and may install the SFPUC Overflow Facilities on the License Area only on satisfaction of the following conditions, which are for City’s sole benefit:
(a) Approval of Plans and Specifications. Licensee may perform the permitted acts described in Section 4(a) [Permitted Acts] above on the License Area in accordance with the plans and specifications (including drawings) approved in advance and in writing by the SFPUC and attached as Exhibit D (the “Approved Plans and Specifications”). The Approved Plans and Specifications may be revised or amended only with the SFPUC’s prior written approval after the SFPUC’s Environmental Management Group has determined that no further environmental review is required by the California Environmental Quality Act (“CEQA”) as a result of any such revision or amendment.
(b) Energy Service and Related Facilities. If Licensee seeks electrical service for use in the License Area, including for the SFPUC Overflow Facilities, Licensee will contact the Interconnection Services Department in the Power Enterprise of the SFPUC to arrange for service.
Licensee will purchase all electricity necessary for its operations at the License Area from the SFPUC, at the SFPUC’s standard rates charged to third parties, unless the SFPUC determines, in its sole judgment, that it is not feasible to provide service to the License Area. The SFPUC is the provider of electric services to City property, and the SFPUC’s Interconnection Services Department coordinates with Pacific Gas and Electric Company and others to implement this Section. Except as provided above with respect to any electricity services provided by the SFPUC,
5146312.5 7 Rev. March 2025
Licensee will arrange and pay for all utilities and services furnished to the License Area for use by Licensee, its contractors and agents, including gas, electricity, water, sewage, telephone, and trash collection services, and for all deposits, connection, and installation charges.
Except as otherwise provided in this License, the SFPUC has no responsibility or liability of any kind with respect to any utilities that may be on or about the License Area. Licensee has the sole responsibility to locate any utility facilities within the License Area and protect them from damage resulting from Licensee’s use of the License Area. (c) Permits, Licenses, and Approvals. Before beginning any permitted improvement or alteration work in the License Area, Licensee will obtain all permits, licenses, and approvals (collectively, “Approvals”) of all regulatory agencies and other third parties that are required to commence, complete, and maintain the permitted work. Promptly upon receipt of any Approvals, Licensee will deliver copies of them to the SFPUC. No approval by the SFPUC for purposes of Licensee’s work under this License will be deemed to constitute the approval of any federal, state, or other local regulatory authority with jurisdiction, and nothing in this License will limit Licensee’s obligation to obtain all regulatory Approvals, at Licensee’s sole cost. (d) Limits of City’s or SFPUC’s Consent. City’s or the SFPUC’s consent to or approval of any improvements, equipment, or fixtures within the License Area will not relieve Licensee or its engineers, architects, or contractors from any liability for negligence, errors, or omissions associated with the design and construction of any improvements, equipment, or fixtures. In no event will the SFPUC’s approval of plans or specifications be deemed to constitute a representation or warranty by City concerning the suitability of the improvements, equipment, or fixtures for Licensee’s purposes or that the work called for in the plans and specifications complies with applicable building codes or other applicable Laws (defined in Section 9 [Compliance with Laws] below), or industry standards, nor will the SFPUC’s approval release Licensee from its obligation to supply plans and specifications that conform to applicable building codes, other applicable Laws, and industry standards.
(e) Exercise of Due Care. Licensee will use and will cause its Agents (defined in Section 19 [Indemnity] below) to use, due care at all times to avoid any damage or harm to City’s water system, facilities, or other property and to native vegetation and natural attributes of the License Area and to minimize slope erosion, except to the extent authorized by the Permitted Acts.
Except as set forth in the Approved Plans and Specifications, Licensee will not disturb the surface of the License Area or perform any excavation work without City’s prior written approval, which City may withhold at its sole discretion. City may condition and/or oversee any permitted excavation work. At its own expense, Licensee will mark the location of City’s water pipelines or other facilities within the License Area and will not use any pick, plow, or other sharp tool to remove the two feet of soil around the pipelines or other facilities, provided that Licensee may use hand shovels or pneumatic shovels in compliance with all other terms and conditions of this License. Licensee will immediately inform City of any actual or potential damage to the coating of the pipeline, and any damage will be promptly repaired by Licensee, at its own expense, to City’s satisfaction prior to backfilling; provided, at its sole discretion, City may elect upon notification to Licensee to make any necessary repairs itself, at Licensee’s sole cost. Upon completion of the repairs, City will send to Licensee an invoice therefor, which Licensee will pay within thirty (30) days following receipt. Under no circumstances will Licensee damage, harm, or take any rare, threatened, or endangered species present on or about the License Area.
5146312.5 8 Rev. March 2025
(f) Cooperation with Public Utilities Commission. Licensee and its Agents will work closely with City personnel to minimize any potential disturbance (even if temporary) of the natural features of the License Area and to avoid disruption (even if temporary) of City facilities, in, under, on, or about the License Area and City uses of its facilities. (g) Heavy Equipment. Licensee will not use any heavy construction equipment over or about City’s pipelines, except as otherwise expressly allowed in Section 6(i) [Heavy Equipment and Vehicles] below.
(h) Work Schedule. Licensee must diligently perform and complete the Permitted Acts in accordance with the Approved Plans and Specifications provided in the attached Exhibit D. At least ten (10) business days prior to the commencement of any maintenance or repair work on the License Area not detailed in the Approved Plans and Specifications, Licensee will notify City’s Peninsula and San Francisco Watershed Resource Manager (“Watershed Manager”), at (650) 652-3201, of the date the work will commence and the intended work schedule. Notification must also be given to Underground Service Alert at least two (2) days prior to the start of the work.
Notwithstanding the approval of Licensee’s schedule by the SFPUC, the Watershed Manager will have the right to require Licensee to adjust its schedule from time to time. All work must be performed during regular working hours (Monday through Friday) between 7:00 a.m. and 7:00 p.m., exclusive of City holidays. Any work performed during any other time or day must be preapproved by the SFPUC at least ten (10) business days prior to commencing the work. In connection with its approval, City may charge Licensee additional inspection fees payable prior to the SFPUC’s approval of the request. Notwithstanding the work hours set forth above, Licensee will comply with any applicable local ordinance that imposes later start times and/or earlier cessation times for construction activities and will be solely responsible for addressing and resolving any and all complaints from the public or neighboring properties related to the work performed under this Agreement.
(i) Restoration of License Area. Promptly following completion of any work permitted under this License, Licensee will remove all debris and any excess dirt, to City’s reasonable satisfaction. Licensee will restore any damage caused to existing roads and may be required to restore excavated areas with new vegetation (including irrigation and maintenance until established) and erosion control netting, all as requested by City, and will comply with all applicable regulations of the regulatory agency with jurisdiction. (j) Pipeline Depth/Installation of Above-Ground Markers. Before commencing any excavation work in the License Area, Licensee will measure the depth of City’s pipelines, if any, located in the License Area by potholing and forward the information to City. Any potholing authorized by this License will be subject to the requirements of Section 5(m) [Potholing] below.
Upon completion of work, Licensee will promptly notify City in writing of the depth of City’s pipeline and related facilities in the License Area. Licensee will install above-ground markers identifying the location of any underground facilities installed pursuant to this License. The location, type, and installation of markers and identifying information on the markers will be subject to the SFPUC’s prior written approval.
(k) As-Built Drawings/Reports. Promptly upon completion of the SFPUC Overflow Facilities, Licensee will furnish the SFPUC with two (2) complete copies of final as-built drawings for the SFPUC Overflow Facilities, which drawings will include sufficient detail so as to allow City to precisely locate the SFPUC Overflow Facilities. If Licensee or any of its Agents or
5146312.5 9 Rev. March 2025
consultants prepares any environmental, seismic, geophysical, or other written report relating to the License Area and/or any work performed on the License Area, Licensee will furnish to City a complete copy of the report, including any schedules, exhibits, and maps, promptly upon completion of the same.
(l) Contractors. Licensee will not accept and release its contractor for work authorized or required by this License before securing the SFPUC’s written approval. (m) Potholing. Any potholing authorized by this License will be subject to the direction of City’s Watershed Manager. Potholing using the soft dig method (vacuum soil extraction system) is preferred. If Licensee wishes to use any other mechanical method such as digging with a backhoe, License must submit a written request to the SFPUC at least five (5) business days prior to commencing the work and obtain the SFPUC’s prior written consent.
Notwithstanding the foregoing, the last two feet (2’) above the top of the pipe must be dug manually, without the use of any machines.
(n) Ownership and Operation of SFPUC Overflow Facilities. The SFPUC Overflow Facilities shall be and shall remain the property of SFPUC. Licensee shall have the right to access and use the SFPUC Overflow Facilities pursuant to the terms of this License. Licensee will be responsible for the operation of the SFPUC Overflow Facilities in accordance with this License and the Lake Management Plan as may be amended during the Term of this License.
6. Restrictions on Use. The following uses (by way of example only) of the License Area by Licensee, or any other person claiming by or through Licensee, are inconsistent with the limited purpose of this License and are strictly prohibited as provided below:
(a) Improvements. Except as otherwise expressly provided in this License, Licensee will not construct or place any temporary or permanent structures or improvements in, on, under, or about the License Area, nor will Licensee make any alterations or additions to any existing structures or improvements on the License Area, unless Licensee first obtains the SFPUC’s prior written consent, which the SFPUC may give or withhold at its sole and absolute discretion. For purposes of this License, the term “improvements” includes asphalt, concrete, and cementitious driveways, sidewalks, and parking areas, shacks, storage facilities, and fences. (b) Trees and Other Plantings. Licensee will not plant any trees or other vegetation in or on the License Area, except as otherwise expressly provided in this License and except in accordance with detailed plans consistent with the SFPUC’s Vegetation Management Policy, if applicable, which may be amended from time to time and as approved by the SFPUC in writing in advance.
(c) Dumping. Licensee will not cause or permit the dumping or other disposal in, on, under, or about the License Area of landfill, refuse, Hazardous Material (defined in subsection (d) [Hazardous Material] below), or any other materials, including materials that are unsightly or could pose a hazard to the human health or safety, native vegetation or wildlife, or the environment. (d) Hazardous Material. Licensee will not cause, nor will Licensee allow any of its Agents or Invitees (defined in Section 19 [Indemnity] below) to cause, any Hazardous Material to be brought upon, kept, used, stored, generated, released, or disposed of in, on, under, or about the License Area, or transported to, from, or over the License Area. Licensee will immediately notify
5146312.5 10 Rev. March 2025
City when Licensee learns of or has reason to believe that a release of Hazardous Material has occurred in, on, under, or about any part of the License Area. Licensee will further comply with all applicable Laws requiring notice of releases or threatened releases to governmental agencies and will take all action necessary or desirable to mitigate the release or minimize the spread of contamination. If Licensee or its Agents or Invitees cause a release of Hazardous Material, Licensee will promptly return the License Area to the condition immediately prior to the release, without cost to City, in accordance with all Laws, and using the highest and best technology available. In connection with any remedial action, Licensee will afford City a full opportunity to participate in any discussion or negotiations with governmental agencies and environmental consultants regarding any settlement agreement, cleanup or abatement agreement, consent decree, or other compromise proceeding involving Hazardous Material, and any other abatement or cleanup plan, strategy, and procedure. For purposes of this License, “Hazardous Material” means material that, because of its quantity, concentration, or physical or chemical characteristics, is at any time now or hereafter deemed by any applicable federal, state, or local governmental authority to pose a present or potential hazard to public health, welfare, or the environment.
Hazardous Material includes the following: any material or substance defined as a “hazardous substance, pollutant or contaminant” pursuant to the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., or pursuant to Section 78075 of the California Health & Safety Code or any other applicable federal, state, or local Law; a “hazardous waste” listed pursuant to Section 25140 of the California Health & Safety Code; any asbestos and asbestos-containing materials whether or not those materials are part of the License Area or are naturally occurring substances in the License Area; and any petroleum, including crude oil or any crude-oil fraction, natural gas, or natural gas liquids, provided, the foregoing will not prohibit Licensee from traversing to, from, and across the License Area in standard motor vehicles that do not exceed the weight limitations set forth below. The term “release” or “threatened release” when used with respect to Hazardous Material will include any actual or imminent spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing in, on, under, or about the License Area. (e) Nuisances. Licensee will not conduct any activities in, on, under, or about the License Area that constitute waste, nuisance, or unreasonable annoyance (including emission of objectionable odors, noises, or lights) to City, to the owners or occupants of neighboring property, or to the public, or that constitute waste or nuisance per se. (f) Damage. Licensee will not do anything in, on, under, or about the License Area that could cause damage to or interference with any pipelines, facilities, or other property located in, on, under, or about the License Area. Licensee will compensate City for all damage caused to the License Area and City facilities resulting from the activities of Licensee and its Agents and Invitees, including damage resulting from defective work. (g) Use of Adjoining Land. Licensee acknowledges that the privilege given under this License will be limited strictly to the License Area. Licensee will not traverse over or otherwise use any adjoining lands of City.
(h) Ponding; Water Courses. Licensee will not cause any ponding on the License Area or any flooding on adjacent land. Licensee will not engage in any activity that causes any change, disturbance, fill, alteration, or impairment to the bed, bank, or channel of any natural water course, wetland, or other body of water on, in, under, or about the License Area, nor will Licensee
5146312.5 11 Rev. March 2025
engage in any activity that could pollute or degrade any surface or subsurface waters or result in the diminution or drainage of such waters.
(i) Heavy Equipment and Vehicles. To prevent damage to City’s underground pipelines, Licensee’s use of vehicles and equipment within twenty feet (20′) of each side of the centerline of any City pipeline (measured on the surface) will be subject to the following restrictions:
(i) The depth of soil cover over the tops of City’s pipelines must be at least three feet (3′) for steel cylinder pipe and four feet (4′) for reinforced pre-stressed concrete cylinder pipe to accommodate the loading defined in subsection (ii) below. If any equipment with axle loading exceeds the loads stated in subsection (ii) below or if the depth of soil cover is less than stated above, Licensee will submit to the SFPUC for review and approval, at the SFPUC’s sole discretion, engineering calculations prepared by a licensed Professional Engineer licensed in California showing that City’s pipelines will not be adversely affected by Licensee’s proposed activities. If City’s pipelines may be adversely affected, Licensee will submit remedial measures for City’s approval to ensure that no adverse effect will occur. (ii) The effects of vehicle and equipment loads on the pipeline must not exceed the effects of the “AASHTO Standard H-10 Loading.” H-10 loading is defined as loading caused by a two-axle truck with a gross weight of ten tons (20,000 lbs.), axles fourteen feet (14′) apart, and rear axle carrying eight tons (16,000 lbs.). Licensee will be responsible for providing the SFPUC adequate evidence that its equipment and vehicles meet the foregoing requirements. (iii) Licensee will not use vibrating compaction equipment without the SFPUC’s prior written approval, which approval may be given or withheld at the SFPUC’s sole discretion. (iv) If the depth of the soil cover over the pipeline (determined by potholing or other proof procedure) is less than the minimum stated in subsection (i) above, unless an alternate method is approved by the SFPUC in writing, all excavation and grading over the pipeline must be performed manually. For any machinery or equipment excavation and grading over and/or within twenty feet (20′) of each side of the centerline of the pipeline (measured on the surface), Licensee will submit a written proposal together with all supporting calculations and data to the SFPUC for review and approval. In any case, the two feet (2′) of soil around the pipeline must be removed manually or by other methods approved by the SFPUC with due care as provided in Section 5(e) [Exercise of Due Care] above.
(j) Cathodic and Other Protection. City may adopt from time-to-time rules and regulations with regard to the SFPUC Overflow Facilities, Licensee’s prior improvements or alterations, and Licensee’s operations under this License as City may determine are necessary or appropriate, at City’s sole discretion, to safeguard against corrosion of, or other damage to, City’s pipelines and other facilities. Licensee will immediately comply with all rules and regulations upon receipt of a copy of any rules and regulations.
7. License Fee(s).
(a) Processing Fee. Licensee will pay to City a one-time non-refundable license fee in the amount of Two Thousand Five Hundred Dollars ($2,500) to cover City’s processing, inspection, and other administrative costs. Such fee is payable at such time as Licensee signs and
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delivers this License to City. Payment will be made by good check payable to the City and County of San Francisco and delivered to City in care of the SFPUC Real Estate Director at the address for notices to City specified in Section 31(a) [Notices] below, or such other place as City may designate in writing.
(b) Use Fee. In addition, Licensee will pay to City a use fee in consideration of Licensee’s use of the License Area. The use fee payable will be in the amount of Two Thousand Two Hundred and Seventy-Eight Dollars ($2,278) (“Use Fee”), as determined by that certain appraisal dated July 23, 2025 by Associated Right of Way Services, Inc. and procured by Licensee.
The Use Fee will be paid to City, without prior demand and without any deduction, setoff, or counterclaim whatsoever. If this License is superseded by a new license as contemplated in Section 2(a)(ii), any Use Fee paid by Licensee under this License will be credited against the use fee due and payable under any new license. All sums payable by Licensee to City pursuant to this License will be paid in cash or by good check to the City and County of San Francisco and delivered to City in care of the Customer Service Bureau, Attn: Real Estate Billing, 525 Golden Gate Avenue, 3 rd Floor, San Francisco, California, 94102, or such other place as City may designate in writing. City’s acceptance of a third-party check or other payment will not be deemed as City’s acceptance or acknowledgement of any assignment of this License and will not be deemed to establish a relationship between City and that third party. Any sum tendered by a third party will be deemed a use fee tendered on behalf of Licensee and not on behalf of the third party regardless of whether it contains a restrictive endorsement. (c) Intentionally Omitted.
(d) Intentionally Omitted.
8. Required Insurance Coverages. Licensee’s compliance with the provisions of this Section 8 will in no way relieve or decrease Licensee’s indemnification or other obligations under this License. Licensee must maintain in force, during the full Term of this License, insurance in the amounts and coverages listed below. In addition, Licensee will cause each Agent (defined in Section 19 [Indemnity] below) performing work on the License Area to procure and keep in effect during the course of any work appropriate amounts of insurance and add City as additional insured for those respective policies.
(a) Commercial General Liability Insurance with limits not less than $3,000,000 each occurrence for Bodily Injury and Property Damage, including Contractual Liability, Personal Injury, Independent Contractors, Explosion, Collapse, and Underground (XCU), Broad Form Property Damage and Products, and Completed Operations. (b) Commercial Automobile Liability Insurance with limits not less than $2,000,000 each occurrence, “Combined Single Limit” for Bodily Injury and Property Damage, including Owned, Non-Owned, and Hired auto coverage, as applicable. (c) Workers’ Compensation, in statutory amounts, with Employers’ Liability Limits not less than $1,000,000 each accident, injury, or illness. (d) Pollution Liability Insurance applicable to Licensee’s activities and responsibilities under this License with limits not less than $1,000,000 each occurrence combined single limit, including coverage for on-site third-party claims for bodily injury and property damage.
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(e) Additional Insured Endorsements.
(i) The Commercial General Liability and Pollution Liability policies must be endorsed to name as Additional Insured the City and County of San Francisco, its Officers, Agents, and Employees.
(ii) The Commercial Automobile Liability Insurance policy must be endorsed to name as Additional Insured the City and County of San Francisco, its Officers, Agents, and Employees.
(f) Waiver of Subrogation Endorsements. The Workers’ Compensation policy(ies) and all Liability Policies referenced above will be endorsed with a waiver of subrogation in favor of City for all work performed by Licensee or its Agents. (g) Primary Insurance Endorsements.
(i) The Commercial General Liability policy will provide that the policy is primary insurance to any other insurance available to the Additional Insureds, with respect to any claims arising out of this License, and that the insurance applies separately to each insured against whom claim is made or suit is brought.
(ii) The Commercial Automobile Liability Insurance policy will provide that the policy is primary insurance to any other insurance available to the Additional Insureds, with respect to any claims arising out of this License, and that the insurance applies separately to each insured against whom claim is made or suit is brought.
(iii) The Pollution Liability Insurance policy will provide that the policy is primary insurance to any other insurance available to the Additional Insureds, with respect to any claims arising out of this License, and that the insurance applies separately to each insured against whom claim is made or suit is brought.
(iv) The policies will also provide for severability of interests and that an act or omission of one of the named insureds that would void or otherwise reduce coverage will not reduce or void the coverage as to any other insured and will afford coverage for all claims based on acts, omissions, injury, or damage that occurred or arose (or the onset of which occurred or arose) in whole or in part during the policy period.
(h) Other Insurance Requirements.
(i) Thirty (30) days’ advance written notice will be provided to City of cancellation, intended non-renewal, or reduction in coverages, except for non-payment for which no less than ten (10) days’ notice will be provided to City. Notices will be sent to the City address set forth in Section 31(a) [Notices].
(ii) If any of the required insurance is provided under a claims-made form, Licensee will maintain coverage continuously throughout the Term of this License and, without lapse, for a period of three years beyond the expiration of this License, to the effect that, should occurrences during the License Term give rise to claims made after expiration of the License, those claims will be covered by the claims-made policies.
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(iii) If any of the required insurance is provided under a form of coverage that includes a general annual aggregate limit or provides that claims investigation or legal defense costs be included in the general annual aggregate limit, the general annual aggregate limit must be double the occurrence or claims limits specified above. (iv) If any required insurance lapses during the Term of this License, requests for payments originating after the lapse will not be processed until City receives satisfactory evidence of reinstated coverage as required by this License, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this License effective on the date the insurance lapses.
(v) Prior to the Commencement Date, Licensee will furnish to City certificates of insurance and additional insured policy endorsements with insurers with ratings comparable to A-, VIII or higher, that are authorized to do business in the State of California, and that are satisfactory to City, in form evidencing all coverages set forth above. Licensee and its contractors will submit or cause their respective insurance brokers to submit requested information through the TenantShield insurance verification program designated by City or any successor program used by City for verification of Licensee and contractor insurance coverage. Approval of the insurance by City will not relieve or decrease Licensee’s liability hereunder. If Licensee fails to procure the required insurance, or to deliver policies or certificates, at its option, City may procure the same for the account of Licensee, and Licensee will reimburse City for any costs paid by City within five (5) business days after delivery to Licensee of an invoice therefor. (vi) If Licensee will use any subcontractor(s) to perform the Permitted Acts, Licensee will require the subcontractor(s) to provide all necessary insurance and to name the City and County of San Francisco, its officers, agents and employees, and the Licensee as additional insureds.
(vii) Upon City’s request, Licensee and City will periodically review the limits and types of insurance carried pursuant to this Section. If the general commercial practice in the City and County of San Francisco is to carry liability insurance in an amount or coverage materially greater than the amount or coverage then being carried by Licensee for risks comparable to those associated with the License Area, then, at its sole discretion, City may require Licensee to increase the amounts or coverage carried by Licensee hereunder to conform to the general commercial practice.
(i) Self-Insurance.
Licensee will have the right to self-insure with respect to any of the insurance requirements required under this License, to the extent permitted by applicable law. If Licensee elects to self-insure with respect to any of the insurance requirements required under this License, before the Commencement Date and upon written request by the SFPUC, within thirty (30) days of the commencement of each year thereafter, Licensee will submit to the SFPUC a certificate of self-insurance signed by a duly authorized representative of Licensee, such certificate evidencing that Licensee’s self-insurance program is adequately funded, in full force and effect and in compliance with and subject to all the terms, agreements, covenants, conditions and provisions of this License. If Licensee elects to self-insure, Licensee will give City prompt written notice of any significant change in or the depletion of its self-insurance fund. Notwithstanding the foregoing,
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Licensee is also responsible for causing any contractors, subcontractors, and/or Agents to maintain commercially reasonable insurance coverages and coverage limits as required under this License.
Any deductibles or self-insured retentions must be declared. All deductibles and self-insured retentions will be paid by Licensee.
With respect to any claim, loss, or liability that would have been covered by the insurance policies (including the status as an “additional insured” thereunder of City, the SFPUC, and their respective Agents and Employees) required by this License to be maintained by Licensee but within the self-insured retention or deductible amount, Licensee will cover such claim, loss, or liability on the same basis as the insurance arrangements or deductibles on such insurance policies, including such insurance carrier responsibility to protect City, the SFPUC, and their respective Agents and Employees as an “additional insured.”
9. Compliance with Laws. At its expense, Licensee will conduct and cause to be conducted all activities on the License Area permitted by this License in a safe and reasonable manner and in compliance with all laws, statutes, ordinances, rules, regulations, policies, orders, edicts, and the like (collectively, “Laws”) of any governmental or other regulatory entity with jurisdiction (including the American with Disabilities Act) and all applicable covenants, restrictions, and provisions of record, whether presently in effect or subsequently adopted and whether or not in the contemplation of the Parties. At its sole expense, Licensee will procure and maintain in force at all times during its use of the License Area all business and other licenses or approvals necessary to conduct the activities allowed by this License. City is entering into this License in its capacity as a property owner with a proprietary interest in the License Area and not as a regulatory agency with police powers. No approval by City for purposes of this License will be deemed to constitute approval of any federal, state, City, or other local regulatory authority with jurisdiction, and nothing in this License will limit Licensee’s obligation to obtain all regulatory approvals at Licensee’s sole cost, or limit in any way City’s exercise of its police powers.
Licensee will keep itself fully informed of City’s Charter, codes, ordinances and regulations and all state and federal laws, rules and regulations affecting the performance of Licensee’s operations pursuant to this License and will at all times comply with those laws and regulations. Licensee agrees to maintain its good standing as a corporation, nonprofit, limited liability company, partnership, joint venture, or similar legal entity at all times during the Term of this License. Licensee’s obligation to maintain good standing includes, without limitation, Licensee’s continued timely submission of all required information and payments when due to the California Secretary of State, Franchise Tax Board, Internal Revenue Service, California Attorney General’s Registry of Charitable Trusts, or any other applicable agency or entity. Licensee will immediately notify City of any voluntary or involuntary change to its good standing status or in its eligibility, rights and privileges as a statutory entity. Upon City’s request, Licensee will provide documentation demonstrating its compliance with all applicable Laws. If Licensee will use any contractors to perform the Permitted Acts, Licensee is responsible for ensuring they comply with all applicable Laws at the time Licensee contracts with those contractors and for the duration of that agreement. Any failure by Licensee or any of its contractors to remain in good standing with applicable Laws will be a material breach of this License.
10. Covenant to Maintain License Area and SFPUC Overflow Facilities. Licensee will be solely responsible for repairing and maintaining the License Area and the SFPUC Overflow Facilities and related improvements or alterations made in or on the License Area, pursuant to this
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License, in a good, clean, safe, secure, sanitary, and sightly condition. City will have no duty whatsoever for any repair or maintenance of the License Area or the SFPUC Overflow Facilities, or other Licensee improvements or alterations. Throughout the Term of this License, at its sole cost, Licensee will maintain the License Area at all times in a good, clean, safe, secure, sanitary, and sightly condition. Licensee will notify City in writing not less than five (5) days before performing any repair or maintenance work in the License Area, except in the case of an emergency when Licensee will notify City telephonically and in writing as soon as reasonably possible.
11. Monuments.
(a) By its execution and delivery of this License, Licensee acknowledges that the monuments shown on the attached Exhibit B, if any, are in place and in good condition. During the installation of the SFPUC Overflow Facilities and at all times during Licensee’s use of the License Area, Licensee will protect and safeguard City’s monuments. Licensee will promptly notify City if Licensee becomes aware of any change in the condition of City’s monuments, regardless of the cause of the change.
(b) If Licensee damages a monument necessitating resurvey, repair, or replacement, as determined by City at its sole discretion, Licensee will survey, file a land surveyor’s map in the Official Records of the County of San Francisco, and install a replacement monument within thirty (30) days of completion of work authorized under this License, all at Licensee’s expense and to City’s satisfaction. A recorded surveyor’s map will be furnished by Licensee to the SFPUC for its records.
(c) During the Term of this License, City may replace missing monuments or install new monuments. When City replaces missing monuments or installs new monuments, City will give Licensee written notice of the replacement or installation. Upon deposit of the notice in the U.S. mail by City, postage prepaid, Licensee will assume the protection and replacement responsibilities set forth in this License.
12. Relocation or Alteration of Facilities or Improvements. Without limiting City’s rights under this License, at City’s written request, Licensee will promptly alter or relocate the SFPUC Overflow Facilities, as may be necessary to avoid any actual or potential interference with the installation, construction, maintenance, operation, repair, replacement, or removal of any of City’s pipelines, power lines, facilities, or other structures now or later constructed or with any other operations or land uses by City. In the request, City may specify reasonable time limits for completion of the work. City will reimburse Licensee for the reasonable documented costs incurred by Licensee directly resulting from such City-requested alterations or relocation. If, after the written notice, Licensee fails to complete the requested work within the prescribed time limits, City may perform the requested work. If City elects to perform the alteration or relocation work, City will provide no less than sixty (60) days’ prior written notice to Licensee. In the event of an emergency, at City’s sole option, and without notice, City may, alter, relocate, or protect all SFPUC Overflow Facilities, improvements, plantings, or other property installed or placed in, on, under, or about the License Area by Licensee. Upon City’s written or oral notice that an emergency exists, Licensee must ensure that the owner of any utility facilities installed in the License Area by or for Licensee’s Permitted Use, take immediate action at its sole expense to protect, remove, or relocate the utility facilities as required by City to address the emergency.
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13. Intentionally Omitted.
14. Signs. Except for any pipeline markers required by City or any regulatory agency with jurisdiction, Licensee will not place, erect, or maintain any sign, advertisement, banner, or similar object in, on, or about the License Area without City’s prior written consent, which City may give or withhold at its sole discretion; provided, however, that, without City’s prior written consent, if necessary for Licensee’s construction use, Licensee may place in the License Area a temporary sign of less than thirty (30) days’ duration that does not penetrate the ground surface.
15. Surrender. Upon the expiration of this License or within ten (10) days after any termination of this License, Licensee will surrender the License Area in substantially the same condition as received excepting any plants or other vegetation removed or planted by Licensee, free from hazards, and clear of all debris. At that time, Licensee will remove all of its property from the License Area and any signs, and, upon City’s request, the SFPUC Overflow Facilities and any other structures, improvements, or alterations placed on the License Area during the Term of this License, and will repair, at its cost, any damage to the License Area caused by the removal.
Licensee’s obligations under this Section will survive any termination of this License.
16. Repair of Damage. If any portion of the License Area or any City property located on or about the License Area is damaged or threatened by any of the activities conducted by Licensee or anyone acting by or through Licensee during the Term, at its sole cost, Licensee will immediately notify City of the damage or threat by (a) calling the SFPUC’s dispatch operator as specified in Section 31(b) [Emergency Contacts] below, and (b) providing written notice in accordance with Section 31(a) [Notices] below. City may, but will not be obligated to, remedy the damage or threat at Licensee’s sole cost, or City may elect to observe Licensee’s repair work. If City elects not to remedy the damage or threat, Licensee will repair all damage and restore the License Area or property to its previous condition subject to City’s inspection, review, and approval. City has no responsibility or liability of any kind with respect to any utilities that may be on, in, or under the License Area. Licensee is solely responsible for the location of any utilities and other existing facilities and their protection from damage. Licensee will be solely responsible to arrange and pay directly for any utilities or services necessary for its Permitted Acts; provided, Licensee will obtain City’s prior written approval for the provision of any services or utilities in, on, under, or through the License Area.
17. Default; Remedies. Any of the following shall constitute an event of default (“Event of Default”) by Licensee under this License:
(a) Use Fee and Other Sums. Any failure to pay the Use Fee or any fee or other sums as and when due, provided Licensee shall have a period of three (3) business days from the date of written notice from City within which to cure any default in the payment of the Use Fee or other sums.
(b) Covenants, Conditions, and Representations. Any failure to perform or comply with any provision or representation made under this License, provided that Licensee shall have a period of thirty (30) business days from the date of written notice from City of such failure (“Default Notice”) within which to cure such default under this License (“Cure Period”), or, if such default is not capable of cure within the Cure Period, Licensee shall have a reasonable period to complete the cure if Licensee promptly undertakes action to cure the default within the Cure Period and thereafter diligently prosecutes the same to completion and Licensee uses its best
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efforts to complete the cure within sixty (60) days after the receipt of the Default Notice; provided, however, that upon the occurrence during the Term of three defaults of the same obligation, City shall not be required to provide any notice regarding Licensee’s failure to perform such obligation, and any subsequent failure by Licensee after Licensee has received three such notices shall constitute a default by Licensee hereunder without any requirement on the part of City to give Licensee notice of such failure or an opportunity to cure. (c) Vacation or Abandonment. Abandoning the License Area or vacating the License Area for more than fourteen (14) consecutive days without City’s consent. (d) Bankruptcy. The appointment of a receiver to take possession of all or substantially all the assets of Licensee, or an assignment by Licensee for the benefit of creditors, or any action taken or suffered by Licensee under any insolvency, bankruptcy, reorganization, moratorium, or other debtor relief act or statute, whether now existing or hereafter amended or enacted, if any such receiver, assignment, or action is not released, discharged, dismissed, or vacated within sixty (60) days.
(e) City’s Right to Cure Defaults by Licensee. If Licensee fails to perform its obligations under this License or if Licensee defaults in the performance of its other obligations under this License, then, at its sole option, City may remedy the failure for Licensee’s account and at Licensee’s expense after first providing Licensee with (i) five (5) business days’ prior written notice of City’s intention to cure the default (except that no prior notice will be required in the event of an emergency as determined by City), and (ii) the opportunity for Licensee to cure the default within the notice period or such other longer period of time agreed upon by City. City’s action will not be construed as a waiver of City’s rights or remedies under this License, and nothing in this License will imply any duty of City to do any act that Licensee is obligated to perform.
Licensee will pay to City upon demand, all costs, damages, expenses, or liabilities incurred by City, including reasonable attorneys’, experts’, and consultants’ fees, in remedying or attempting to remedy the default. Licensee’s obligations under this Section will survive the termination of this License.
(f) Procedure Upon Failure to Maintain or Abandonment of SFPUC Overflow Facilities. If Licensee abandons or otherwise materially fails to maintain the SFPUC Overflow Facilities, City will provide written notice of such abandonment or failure (“Notice of Abandonment”) to Licensee. Licensee shall have ninety (90) days following such Notice of Abandonment to remedy the claimed abandonment or maintenance failure or, if such abandonment or maintenance failure cannot be cured within ninety (90) days, Licensee shall have such additional reasonable time as may be necessary to cure, provided that Licensee’s work to remedy the abandonment or failure is commenced within ninety (90) days of the Notice of Abandonment and Licensee diligently works to remedy the abandonment or failure as soon as possible. If Licensee elects to remedy or cure such abandonment or maintenance failure, Licensee shall comply with all of the requirements set forth in this License, including but not limited to the requirements set forth in Section 5(a) [Approval of Plans and Specifications]. In the event that Licensee fails to respond to the Notice of Abandonment within ninety (90) days or otherwise fails to remedy the claimed abandonment or maintenance failure, City will revoke this License.
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18. Special Administrative Charges.
Without limiting City’s other rights and remedies set forth in this License, at law or in equity, if Licensee (i) constructs or installs any alteration or improvement without the written approval of City as required by Section 5(a) [Approval of Plans and Specifications] of this License, or (ii) fails to make a repair required by this License on a reasonably timely basis, or (iii) fails to provide evidence of the required insurance coverage described in Section (8) [Required Insurance Coverages] on a reasonably timely basis, then upon written notice from City of such failure or unauthorized action, Licensee shall pay, as an additional charge, the respective amount specified in the table below in consideration of City’s administrative cost and expense in providing notice or performing inspections. If Licensee fails to remove the unauthorized alteration or improvement and restore the License Area or perform the necessary repair or provide the necessary document, as applicable, within the time period set forth in such notice, and City delivers to Licensee additional written notice requesting such document or evidence of such repair, or performs additional inspections to verify compliance, then Licensee shall pay to City, as an additional charge, the respective amount specified in the table below for each additional written notice City delivers to Licensee requesting such corrective action.
Violation
License
Article
Initial
inspection
and/or notice
Follow up
inspection
and/or notice
Construction of Alterations that are
not approved by City
5 $700.00 $800.00
Failure to make required repairs 10 $600.00 $700.00
Failure to obtain/maintain insurance 8 $600.00 $700.00
The Parties agree that the charges set forth in this Section represent a fair and reasonable estimate of the administrative cost and expense that City will incur in connection with providing notices or performing inspections as set forth above, and that City’s right to impose the foregoing charges shall be in addition to and not in lieu of any and all other rights under this License, at law or in equity.
19. No Costs to City. Licensee will bear all costs or expenses of any kind or nature in connection with its use of the License Area and will keep the License Area free and clear of any liens or claims of lien arising out of or in any way connected with its use of the License Area.
20. Indemnity. Licensee will indemnify, defend, reimburse, and hold harmless City, its officers, agents, employees, and contractors, and each of them, from and against all demands, claims, legal or administrative proceedings, losses, costs, penalties, fines, liens, judgments, damages, and liabilities of any kind (“Claims”), arising in any manner out of (a) any injury to or death of any person or damage to or destruction of any property occurring in, on, or about any part of the License Area, whether such injury, death, damage, or destruction is caused by the person or property of Licensee, its officers, directors, members, employees, agents, consultants, contractors, or subcontractors (collectively, “Agents”), or its invitees, guests, or business visitors (collectively, “Invitees”),or third persons, relating to any use or activity under this License, (b) any failure by Licensee to faithfully observe or perform any term, covenant, or condition of this License, (c) the use of the License Area or any activities conducted on the License Area by Licensee, its Agents,
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or Invitees, (d) any release or discharge, or threatened release or discharge, of any Hazardous Material caused or allowed by Licensee, its Agents, or Invitees, on, in, under, or about the License Area, any improvements or into the environment, or (e) any failure by Licensee to faithfully observe or perform any terms, covenants, or conditions of the Recorded Documents to the extent that the terms, covenants, or conditions relate to or are triggered by the work to be performed or the SFPUC Overflow Facilities or other Licensee improvements or alterations on the License Area; except solely to the extent of Claims resulting directly from the gross negligence or willful misconduct of City or City’s authorized representatives. In addition to Licensee’s obligation to indemnify City, Licensee has an immediate and independent obligation to defend City from any claim that actually or potentially falls within this indemnity provision even if the allegation is or may be groundless, fraudulent, or false, which obligation arises at the time the claim is tendered to Licensee by City and continues at all times thereafter. The foregoing indemnity will include reasonable attorneys’, experts’, and consultants’ fees and costs, investigation and remediation costs, and all other reasonable costs and expenses incurred by the indemnified parties, including damages for decrease in the value of the License Area and claims for damages or decreases in the value of adjoining property. Licensee’s obligations under this Section will survive the expiration or other termination of this License.
21. Waiver of Claims.
(a) Neither City nor any of its commissions, departments, boards, officers, agents, or employees will be liable for any damage to the property of Licensee, its officers, agents, employees, contractors, or subcontractors, or their employees, or for any bodily injury or death to these persons, resulting or arising from the condition of the License Area or its use by Licensee, or Licensee’s Agents or Invitees.
(b) Because this License is freely revocable by City, Licensee expressly assumes the risk of making any expenditure in connection with this License, even if the expenditures are substantial. Without limiting any indemnification obligations of Licensee or other waivers contained in this License and as a material part of the consideration for this License, Licensee fully RELEASES, WAIVES, AND DISCHARGES forever all claims, demands, rights, and causes of action against, and covenants not to sue, City, its departments, commissions, officers, directors, and employees, and all persons acting by, through, or under each of them, under any present or future Laws, including any claim for inverse condemnation or the payment of just compensation under law or equity, if City exercises its right to revoke or terminate this License. (c) Licensee acknowledges that it will not be a displaced person at the time this License is terminated or revoked or expires by its own terms, and Licensee fully RELEASES, WAIVES, AND DISCHARGES forever all claims, demands, rights, and causes of action against, and covenants not to sue, City, its departments, commissions, officers, directors, and employees, and all persons acting by, through, or under each of them, under any present or future Laws related to displaced persons or relocation assistance, including all claims for relocation benefits or assistance from City under federal and state relocation assistance laws. (d) The fees payable pursuant to this License do not take into account any potential City liability for any consequential or incidental damages including lost profits and arising out of disruption to or the SFPUC Overflow Facilities or other Licensee improvements or alterations on the License Area; or Licensee’s uses of the License Area permitted by this License. City would not be willing to grant this License in the absence of a waiver of liability for consequential or
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incidental damages resulting from the acts or omissions of City or its departments, commissions, officers, directors, and employees, and by all persons acting by, through, or under each of them, and Licensee expressly assumes the risk with respect thereto. Accordingly, without limiting any indemnification obligations of Licensee or other waivers contained in this License and as a material part of the consideration for this License, Licensee fully RELEASES, WAIVES, AND DISCHARGES forever all claims, demands, rights, and causes of action against for consequential and incidental damages (including lost profits) and covenants not to sue for consequential or incidental damages City, its departments, commissions, officers, directors, and employees, and all persons acting by, through, or under each of them, arising out of this License or the uses authorized under this License, including any interference with uses conducted by Licensee pursuant to this License, regardless of the cause, and whether or not due to the negligence of City or its departments, commissions, officers, directors, and employees, and all persons acting by, through, or under each of them, except for the gross negligence and willful misconduct of City or its departments, commissions, officers, directors, and employees, and all persons acting by, through, or under each of them.
(e) As part of Licensee’s agreement to accept the License Area in its “As Is” condition as provided below, and without limiting its agreement, Licensee, on behalf of itself and its successors and assigns, waives its right to recover from, and forever releases and discharges, City and its officers, agents, and employees, and their respective heirs, successors, administrators, personal representatives, and assigns, from all Claims, whether direct or indirect, known or unknown, foreseen and/or unforeseen, that may arise on account of or in any way be connected with the physical or environmental condition of the License Area and any related improvements or any applicable Laws or the suitability of the License Area for Licensee’s intended use. (f) In connection with the foregoing releases, Licensee acknowledges that it is familiar with Section 1542 of the California Civil Code, which reads:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
Licensee acknowledges that the releases contained in this License include all known and unknown, disclosed and undisclosed, and anticipated and unanticipated claims. Licensee realizes and acknowledges that it has agreed upon this License in light of this realization and, being fully aware of this situation, it nevertheless intends to waive the benefit of California Civil Code Section 1542, or any statute or other similar law now or later in effect. The releases contained in this License will survive any termination of this License.
22. As Is Condition of License Area; Disability Access; Disclaimer of Representations.
Licensee accepts the License Area in its “AS IS” condition, without representation or warranty of any kind by City, its departments, commissions, officers, directors, and employees, and all persons acting by, through, or under each of them, and subject to all applicable Laws governing the use of the License Area. Without limiting the foregoing, this License is made subject to all existing and future covenants, conditions, restrictions, easements, encumbrances, and other title matters affecting the License Area, whether foreseen or unforeseen, and whether these matters are of record or would be disclosed by an accurate inspection or survey.
5146312.5 22 Rev. March 2025
City discloses (a) City has not been issued a disability access inspection certificate as described in California Civil Code Section 55.53(e), (b) pursuant to California Civil Code Section 1938, that City has not ordered, performed, or caused to be performed, a Certified Access Specialist (“CASp”) inspection of the License Area (sometimes referred to as “premises” or “subject premises” for the herein disclosures), and (c) City makes the following statutory disclosure per California Civil Code Section 1938 (the required “CASp Disclosure”):
“A Certified Access Specialist (“CASp”) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction- related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties will mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises.”
23. No Assignment. This License is personal to Licensee and will not be assigned, conveyed, or otherwise transferred by Licensee under any circumstances. Any attempt to assign, convey, or otherwise transfer this License will be null and void and cause the immediate termination and revocation of this License.
24. Cessation of Use. Licensee will not terminate its activities on and use of the License Area pursuant to this License without prior written approval by City, and only if the Lake Management Plan is amended and no longer requires that Licensee operate and maintain the SFPUC Overflow Facilities.
25. No Joint Ventures or Partnership; No Authorization. This License does not create a partnership or joint venture between City and Licensee as to any activity conducted by Licensee on, in, or relating to the License Area. Licensee is not a state actor with respect to any activity conducted by Licensee on, in, under, or around the License Area. City’s provision of this License does not constitute City’s authorization or approval of any activity conducted by Licensee on, in, around, or relating to the License Area.
26. Intentionally Omitted.
27. Intentionally Omitted.
28. Intentionally Omitted.
29. Notification of Prohibition on Contributions. Licensee acknowledges that it is familiar with Section 1.126 of the San Francisco Campaign and Governmental Conduct Code, which prohibits any person who contracts with City for the selling or leasing of any land or building to or from City whenever the transaction would require the approval by a City elective officer, the board on which that City elective officer serves, or a board on which an appointee of that individual serves, from making any campaign contribution to (a) the City elective officer, (b) a candidate for the office held by such individual, or (c) a committee controlled by that individual or candidate, at any time from the commencement of negotiations for the contract until the later of either the
5146312.5 23 Rev. March 2025
termination of negotiations for the contract or twelve months after the date the contract is approved.
Licensee acknowledges that the foregoing restriction applies only if the contract or a combination or series of contracts approved by the same individual or board in a fiscal year have a total anticipated or actual value of $100,000 or more. Licensee further acknowledges that (i) the prohibition on contributions applies to each Licensee; each member of Licensee’s board of directors, and Licensee’s chief executive officer, chief financial officer, and chief operating officer, if applicable; any person with an ownership interest of more than ten percent (10%) in Licensee; any subcontractor listed in the contract; and any committee that is sponsored or controlled by Licensee; and (ii) within thirty (30) days of the submission of a proposal for the contract, the City department seeking to enter into the contract must notify the Ethics Commission of the parties and any subcontractor to the contract. Additionally, Licensee certifies it has informed each of the persons described in the preceding sentence of the prohibitions contained in Section 1.126 by the time it submitted a proposal for the contract to City, and has provided the names of the persons required to be informed to the City department seeking to enter into that contract within thirty (30) days of submitting its contract proposal to the City department receiving that submittal, and acknowledges the City department receiving that submittal was required to notify the Ethics Commission of those persons.
30. Intentionally Omitted.
31. Taxes, Assessments, Licenses, License Fees, and Liens. (a) Licensee recognizes and understands that this License may create a possessory interest subject to property taxation and that Licensee may be subject to the payment of property taxes levied on that interest. Licensee further recognizes and understands that any transfer or assignment permitted under this License and any exercise of any option to renew or extend this License may constitute a change in ownership for purposes of property taxation and therefore may result in a revaluation of any possessory interest created hereunder. (b) Licensee will pay taxes of any kind, including possessory interest taxes, that may be lawfully assessed on the interest created by this License and will pay all other taxes, excises, licenses, permit charges, and assessments based on Licensee’s usage of the License Area that may be imposed upon Licensee by law, all of which will be paid when the same become due and payable and before delinquency.
(c) Licensee will not allow or suffer a lien for any taxes or charges to be imposed upon the License Area or upon any equipment or property located on the License Area without promptly discharging the same, provided that Licensee may contest the validity of the same by paying under protest or posting adequate (at City’s sole discretion) security during any contest. (d) San Francisco Administrative Code Sections 23.38 and 23.39 require that City report certain information relating to this License, and any renewals of this License, to the County Assessor within sixty (60) days after any renewal, and that Licensee report certain information relating to any assignment of or transfer under this License to the County Assessor within sixty (60) days after any assignment or transfer transaction. Licensee will provide this information as may be requested by City to enable City to comply with this requirement.
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32. Notices.
(a) Except as otherwise expressly provided in this License, service of notices and demands given under this License will be effective only if in writing and given by delivering the notice in person, by sending it first class mail or certified mail with a return receipt requested, or next-business-day courier, to City or to Licensee, as applicable, at the addresses specified below.
Properly addressed notices issued pursuant to this License will be deemed given on the date personal delivery is made or, if sent by a method that provides confirmation of delivery, on the earliest of confirmed delivery or confirmed attempted delivery:
City or the SFPUC: Real Estate Services Division
San Francisco Public Utilities Commission
525 Golden Gate Avenue, 10th Floor
San Francisco, CA 94102
Attn: Real Estate Director
Re: Vista Grande Overflow Facilities
License P4715
Telephone No.: (415) 487-5210
Licensee: Department of Water & Wastewater Resources
City of Daly City
153 Lake Merced Blvd
Daly City, CA 94015
Attn: Director of Water and Wastewater Resources
Re: Vista Grande Overflow Facilities
License P4715
Telephone No.: (650) 991-8206
Email: [email protected]
Telephone numbers and email addresses are provided for convenience of communication and do not constitute sufficient methods for delivering notices. Each party may change its address for notices from time to time by giving notice to the other in the manner described above. (b) Emergency Contacts. Licensee will immediately notify the San Francisco Water Division by telephone at (415) 550-4900 of any emergency or incident requiring emergency response.
(c) Day-to-Day Communications. Day-to-Day Communications that are not intended as a notice or demand under this License may be communicated by email or telephone. City shall designate an individual to be the key contact for day-to-day communications relating to Licensee’s use of the License Area under this License.
City’s key contact for day-to-day communications is:
San Francisco Public Utilities Commission
Water Resources Division
525 Golden Gate Avenue
San Francisco, CA 94102
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Attn: Obi Nzewi, Groundwater Program Manager
Phone: (415) 554-1876
Email: [email protected]
33. Prohibition of Tobacco Sales and Advertising. No advertising or sale of cigarettes or tobacco products is allowed on the License Area. This advertising prohibition includes the placement of the name of a company producing cigarettes or tobacco products or the name of any cigarette or tobacco product in any promotion of any event or product.
34. Prohibition of Alcoholic Beverage Advertising. No advertising of alcoholic beverages is allowed on the License Area. For purposes of this Section, “alcoholic beverage” will be defined as set forth in California Business and Professions Code Section 23004, and will not include cleaning solutions, medical supplies, and other products and substances not intended for drinking.
This advertising prohibition includes the placement of the name of a company producing alcoholic beverages or the name of any alcoholic beverage in any promotion of any event or product.
35. Restrictions on the Use of Pesticides. Chapter 3 of the San Francisco Environment Code (the Integrated Pest Management Program Ordinance or “IPM Ordinance”) describes an integrated pest management (“IPM”) policy to be implemented by all City departments. Licensee will not use or apply or allow the use or application of any pesticides on the License Area or contract with any person or entity to provide pest abatement or control services to the License Area without first receiving City’s written approval of an IPM plan that (a) lists, to the extent reasonably possible, the types and estimated quantities of pesticides that Licensee may need to apply to the License Area during the Term of this License, (b) describes the steps Licensee will take to meet City’s IPM Policy described in Section 300 of the IPM Ordinance and (c) identifies, by name, title, address, and telephone number, an individual to act as the Licensee’s primary IPM contact person with City. Licensee will comply, and will require all of Licensee’s contractors to comply, with the IPM plan approved by City and will comply with the requirements of Sections 300(d), 302, 304, 305(f), 305(g), and 306 of the IPM Ordinance, as if Licensee were a City department. Among other matters, the provisions of the IPM Ordinance: (i) provide for the use of pesticides only as a last resort, (ii) prohibit the use or application of pesticides on property owned by City, except for pesticides granted an exemption under Section 303 of the IPM Ordinance (including pesticides included on the most current Reduced Risk Pesticide List compiled by City’s Department of the Environment), (iii) impose certain notice requirements, and (iv) require Licensee to keep certain records and to report to City all pesticide use at the License Area by Licensee’s staff or contractors.
If Licensee or Licensee’s contractor will apply pesticides to outdoor areas at the License Area, Licensee must first obtain a written recommendation from a person holding a valid Agricultural Pest Control Advisor license issued by the California Department of Pesticide Regulation (“CDPR”) and any pesticide application will be made only by or under the supervision of a person holding a valid, CDPR-issued Qualified Applicator certificate or Qualified Applicator license. City’s current Reduced Risk Pesticide List and additional details about pest management on City property can be found at the San Francisco Department of the Environment website, http://sfenvironment.org/ipm.
36. Conflict of Interest. Licensee acknowledges that it is familiar with the provisions of Section 15.103 of City’s Charter, Article III, Chapter 2 of City’s Campaign and Governmental Conduct Code, and Section 87100 et seq. and Section 1090 et seq. of the California Government Code and certifies that it does not know of any facts that would constitute a violation of said
5146312.5 26 Rev. March 2025
provisions. If Licensee becomes aware of any fact that would constitute a violation of these provisions during the Term of this License, Licensee will immediately notify City.
37. Disclosure. City’s Sunshine Ordinance (San Francisco Administrative Code Chapter 67) and the State Public Records Act (Gov’t Code Section 7920.000 et seq.), apply to this License and all records, information, and materials related to this License submitted to City in connection with this License. Accordingly, all records, information, and materials may be subject to public disclosure in accordance with City’s Sunshine Ordinance and the State Public Records Act.
Licensee authorizes City to disclose any records, information, and materials submitted to City in connection with this License.
38. Intentionally Omitted.
39. Severability. If any provision of this License, or its application to any person, entity, or circumstance, will be held to be invalid or unenforceable by a court of competent jurisdiction, the remainder of this License, or the application of any provision to persons, entities, or circumstances other than those as to which it is invalid or unenforceable, will not be affected thereby, and each other provision of this License will be valid and be enforceable to the fullest extent permitted by law, except to the extent that enforcement of this License without the invalidated provision would be unreasonable or inequitable under all the circumstances or would frustrate a fundamental purpose of this License.
40. Cooperative Drafting. This License has been drafted through a cooperative effort of both Parties, and both Parties have had an opportunity to have the License reviewed and revised by legal counsel. No Party will be considered the drafter of this License, and no presumption or rule that an ambiguity will be construed against the Party drafting the clause will apply to the interpretation or enforcement of this License.
41. Intentionally Omitted.
42. San Francisco Packaged Water Ordinance. Licensee will comply with San Francisco Environment Code Chapter 24 (“Chapter 24”). Licensee will not sell, provide, or otherwise distribute Packaged Water, as defined in Chapter 24 (including bottled water), in the performance of this License or on City property unless Licensee obtains a waiver from City’s Department of the Environment. If Licensee violates this requirement, City may exercise all remedies in this License and the Director of City’s Department of the Environment may impose administrative fines as set forth in Chapter 24.
43. General Provisions. (a) This License may be amended or modified only by a writing signed by City and Licensee. (b) No waiver by any Party of any of the provisions of this License will be effective unless in writing and signed by an officer or other authorized representative of such Party, and only to the extent expressly provided in a written waiver. No waiver will be deemed a subsequent or continuing waiver of the same, or any other, provision of this License. (c) The exhibits referenced in and attached hereto are incorporated into this License. (d) This License contains the entire agreement between the Parties regarding the subject matter of this License, and supersedes all prior written or oral negotiations, discussions, understandings, and agreements between the Parties regarding such subject matter. (e) The Section and other headings of this License are for convenience of reference only and will be disregarded in the interpretation of this License. (f) Time is of the essence in all matters relating to this License. (g) This License
5146312.5 27 Rev. March 2025
will be governed by California law and City’s Charter. (h) If either Party commences an action against the other or a dispute arises under this License, the prevailing party will be entitled to recover from the other reasonable attorneys’ fees and costs. For purposes of this License and the indemnifications set forth in this License, reasonable attorneys’ fees of City will be based on the fees regularly charged by private attorneys in San Francisco with comparable experience notwithstanding City’s use of its own attorneys. (i) If Licensee consists of more than one person then the obligations of each person will be joint and several. (j) Licensee may not record this License or any memorandum of this License. (k) Subject to the prohibition against assignments or other transfers by Licensee hereunder, this License will be binding upon and inure to the benefit of the Parties and their respective heirs, representatives, successors, and assigns. (l) Any sale or conveyance of the property burdened by this License by City will automatically revoke this License. (m) Except as expressly provided to the contrary, all approvals, consents, and determinations to be made by City under this License may be made at City’s sole and absolute discretion. (n) Whenever this License requires City’s or the SFPUC’s consent or approval, the General Manager of the SFPUC, or their designee, will be authorized to provide such consent or approval, except as otherwise provided by applicable Laws, including City’s Charter, or by the SFPUC’s Real Estate Guidelines. No consent, approval, election, or option will be effective unless given, made, or exercised in writing. (o) This License may be executed in two or more counterparts, each of which will be deemed an original, but all of which taken together will constitute one and the same instrument. (p) Use of the word “including”, or similar words will not be construed to limit any general term, statement, or other matter in this License, whether or not language of non-limitation, such as “without limitation” or similar words, are used. (q) Each person executing this License on Licensee’s behalf does hereby represent and warrant that Licensee has full right and authority to enter into this License, and that each person signing on behalf of Licensee is duly authorized to bind Licensee to the terms and conditions of this License.
Upon City’s request, Licensee will provide documentation confirming the foregoing representations and warranties.
[SIGNATURES ON FOLLOWING PAGE]
5146312.5 28 Rev. March 2025
LICENSEE REPRESENTS AND WARRANTS TO CITY THAT IT HAS READ AND
UNDERSTANDS THE CONTENTS OF THIS LICENSE, HAS HAD AN OPPORTUNITY TO
REVIEW AND DISCUSS IT WITH COUNSEL OF ITS CHOOSING, AND AGREES TO COMPLY WITH AND BE BOUND BY ALL OF ITS PROVISIONS.
LICENSEE:
CITY OF DALY CITY,
a municipal corporation
By: ____________________________________
Its: ____________________________________
Date: ____________________________________
CITY:
CITY AND COUNTY OF SAN FRANCISCO,
a municipal corporation
By: ____________________________________
DENNIS J. HERRERA
General Manager
San Francisco Public Utilities Commission
(authority pursuant to SFPUC Resolution
No. ________ and San Francisco Board of
Supervisors’ Resolution No. _________)
Date: ____________________________________
APPROVED AS TO FORM:
DAVID CHIU
City Attorney
By: ____________________________
Nancy Taylor
Deputy City Attorney
5146312.5
EXHIBIT A-1
Description of the Property
All that certain real property located in the County of San Francisco, California, described as follows:
SFPUC Parcel No. 55 (“Lake Merced Tract”), according to SFPUC records and as shown on the drawing attached as Exhibit A-2 and made a part of this License.
5146312.5
EXHIBIT A-2
Depiction of the Property
[see attached]
5146312.5
EXHIBIT B-1
Legal Description of License Area
[see attached]
.
5146312.5
EXHIBIT B-2
Depiction of License Area
[see attached]
5146312.5
EXHIBIT C
Deed
[see attached]
5146312.5
EXHIBIT D
Approved Plans and Specifications
[see attached]
ORDINANCE NO. 1484
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DALY CITY REPEALING AND REPLACING CHAPTERS 15.00, 15.08, 15.10, 15.12, 15.14, 15.16, 15.20, 15.22, 15.24,
15.32, 15.60, AND 15.65 OF TITLE 15 OF THE DALY CITY MUNICIPAL CODE
WHEREAS The California Building Standards Commission adopted the 2025 California Building Standards Codes, consisting of the California Building Code, California Residential Code, California Mechanical Code, California Plumbing Code, California Electrical Code, California Fire Code, California Wildland-Urban Interface Code, California Existing Building Code, California Green Building Standards Code, California Energy Code, and California Reference Standards Code; and
WHEREAS California Health & Safety Code §§17958, 17958.5, 17958.7, 18938, and 18941.5 authorize local jurisdictions to adopt the California Building Standards Codes with amendments reasonably necessary because of local climatic, geological, or topographical conditions; and
WHEREAS The City of Daly City finds that amendments to the 2025 California Building Standards Codes are reasonably necessary based on such local conditions, as documented in the City’s Finding of Facts Matrix (Attachment B), and that such amendments comply with the Nine- Point Criteria set forth in Health & Safety Code §18930(a); and
WHEREAS The City Council desires to repeal specified chapters of Title 15 of the Daly City Municipal Code and adopt new chapters incorporating the 2025 California Building Standards Codes with local amendments; and
WHEREAS The adoption of the California Building Standards Codes with local amendments is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines §15061(b)(3).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DALY CITY DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapters 15.00, 15.08, 15.10, 15.12, 15.14, 15.16, 15.20, 15.22, 15.24, 15.32,
15.60, and 15.65 of Title 15, “Building and Construction,” are hereby repealed in their entirety.
SECTION 2. New Chapters 15.00, 15.08, 15.10, 15.12, 15.14, 15.16, 15.20, 15.22, 15.24,
15.32, 15.33, 15.60, and 15.65 are hereby adopted, incorporating by reference the 2025 California Building Standards Code, Title 24 of the California Code of Regulations, Parts 1 through 12 inclusive, as published by the California Building Standards Commission, together with the City’s local amendments as set forth in Exhibits A through M, as though fully set forth herein.
SECTION 3. A copy of the 2025 California Building Standards Code, together with the Daly City local amendments and the Finding of Facts Matrix (Attachment B) Titled “Attachment_B_Daly City Universal Local Amendment Matrix_2025”, shall be maintained for public inspection in the office of the City Clerk.
SECTION 4. CEQA. The City Council finds this Ordinance exempt from the California Environmental Quality Act pursuant to CEQA Guidelines §15061(b)(3).
SECTION 5. Effective Date. This Ordinance shall take effect on January 1, 2026, consistent with the effective date established by the California Building Standards Commission for the 2025 California Building Standards Codes.
SECTION 6. Publication/Summary. Pursuant to the provisions of Government Code Section 36933, a summary of this ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this ordinance is scheduled to be adopted, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk’s office a certified copy of this ordinance. Within fifteen (15) days after the adoption of this ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk’s office a certified copy of the full text of this ordinance along with the names of those City Council members voting for and against this ordinance or otherwise voting.
Introduced this 10 th day of November , 2025.
Passed and adopted as an Ordinance of the City of Daly City at a regular meeting of the City Council of the City of Daly City held on the day of 2025, by the following vote:
AYES, Councilmembers
NOES, Councilmembers
ABSENT, Councilmembers:
__________________________________________
CITY CLERK OF THE CITY OF DALY CITY
APPROVED:
MAYOR OF THE CITY OF DALY CITY
EXHIBIT A - CHAPTER 15.00 -GENERAL REGULATIONS
Sections:
15.00.010 Administrative Authority – Terms Explained
15.00.020 Fees
15.00.030 Time Limitation of Application, Permit Expiration, and Extensions
15.00.040 Procedure of Appeals
15.00.050 Cooperation of Other Officials and Officers
15.00.060 Emergency Access
15.00.070 Construction Drawing Format
15.00.080 Qualifications for Permit
15.00.090 Workmanship
15.00.100 Stormwater Best Management Practices (BMP)
15.00.110 Effects of Code in Past Actions and Obligations
15.00.010 Administrative Authority – Terms Explained
Terms Explained:
A. Whenever the term “authority having jurisdiction,” “administrative authority,” or “code official” is used, it shall mean the Building Official or their authorized representative. For purposes of this section, “authorized representative” refers to personnel assigned to the Building Division and acting under the direction of the Building Official, unless otherwise specified.
B. Where reference is made to governing authority, it shall mean the City Council.
C. Where reference is made to private sewage disposal systems, public sewers, and/or the waste department, the term “administrative authority” shall include the North San Mateo County Sanitation District, the Bayshore Sanitation District, the San Mateo County Health Department, and any other public agencies responsible for sewage or sewage disposal.
D. Where reference is made to storm sewers and the water main distribution, the term “administrative authority” shall include the City Engineer or their designated representative.
E. Where reference is made to fire protection systems, fire sprinklers, fire alarms, fire department access, or any provision of the California Fire Code, the term “authority having jurisdiction” or “administrative authority” shall include the North County Fire Authority or their authorized representative.
F. Whenever the term “Assistant to Code Official” is used, it shall mean the Code Enforcement Officer.
G. Whenever the term “Chief Appointing Authority” is used, it shall mean the City Manager.
15.00.020 Fees
Plan review fees, permit fees, investigation fees, penalty and violation fees, and other charges required under this Title shall be as prescribed in the City’s Master Fee Schedule, as established and amended by ordinance of the City Council.
15.00.030 Time Limitation of Application, Permit Expiration, and Extensions A. Time Limitation of Application – General.
Except as provided in subsection B, every application for a permit under this Title for any proposed work for which no permit has been issued within one hundred eighty (180) calendar days from the date of receipt of the application shall expire by limitation. The Building Official may extend the time for action by the applicant for a period not exceeding one hundred eighty (180) calendar days upon written request by the applicant demonstrating circumstances beyond the applicant’s control that have prevented action from being taken. No application under this subsection shall be extended more than twice, except that additional extensions may be granted upon written request showing substantial hardship or other extenuating circumstances, at the sole discretion of the Building Official. For purposes of renewal after expiration, the applicant shall resubmit plans in compliance with the applicable code in effect at the time of resubmittal and pay all applicable plan review fees. The Building Official may grant an additional extension of up to three hundred sixty (360) calendar days when necessitated by an official California major disaster declaration issued by FEMA.
B. Time Limitation of Application – Code Enforcement Permits.
If a permit application is filed in order to bring an unpermitted structure, or other unlawful, substandard, or hazardous condition into compliance with applicable law, ordinance, rule, or regulation, and no permit has been issued within ninety (90) calendar days from the date of receipt of the application, the application shall expire by limitation. The Building Official may extend the time for action by the applicant for a period not exceeding ninety (90) calendar days upon written request demonstrating circumstances beyond the applicant’s control that have prevented action from being taken. No application under this subsection shall be extended more than once.
C. Permit Expiration – General.
Except as provided in subsections D and E, every permit issued under this Title shall expire by limitation and become null and void if the work authorized by the permit is not commenced within one (1) year from the date of issuance, or if the work authorized by the permit is suspended or abandoned at any time after commencement for a period of one (1) year. “Suspended or abandoned” shall mean the permittee has failed to make substantial progress toward completion of the work, as determined by the Building Official. Failure to schedule and pass a required interim or final inspection for a period of one (1) year from the date of issuance, or since the most recent inspection, may be deemed a failure to make substantial progress.
Required inspections include, but are not limited to: footing/foundation, concrete slab or under- floor, framing, lath or gypsum board, fire-resistant penetrations, energy efficiency, any required special inspections, final inspections, and any other inspections required by the Building Official.
The Building Official may extend a permit upon written demonstration of justifiable delay or a good-faith effort toward code-compliant completion.
D. Permit Extensions – General.
Any permittee holding an unexpired permit may request in writing an extension of time when unable to commence or continue work within the time required by this section. The Building Official may grant one or more extensions of not more than one hundred eighty (180) calendar days each, provided a good-faith effort to complete the work is demonstrated and the delay is due to circumstances beyond the permittee’s control. No more than three extensions shall be granted
under this subsection, except that additional extensions may be considered upon written request showing substantial hardship or extenuating circumstances, at the sole discretion of the Building Official. The Building Official may grant an additional extension of up to three hundred sixty (360) calendar days when necessitated by an official California major disaster declaration issued by FEMA.
E. Reactivation After Expiration.
If a permit has expired and the work has not been suspended or abandoned for more than one (1) year from the date of the last required inspection, the Building Official may approve reactivation, provided no changes have been or will be made to the original plans and specifications. If the work was suspended or abandoned for more than one (1) year from the last required inspection, reactivation shall not be approved unless the project is reviewed and brought into compliance with the code in effect at the time of reactivation. The Building Official may deny reactivation if the permittee has not made a good-faith effort to complete the work. A written report on the current status of construction, including a proposed completion timeframe, shall be required for consideration of renewal.
F. Expiration – Code Enforcement Demolition Permits and Code Enforcement Quick Permits.
A code enforcement demolition permit or code enforcement quick permit issued to address an unpermitted structure, or other unlawful, substandard, or hazardous condition, shall expire ninety (90) calendar days after the date of issuance. The Building Official may grant one or more extensions of not more than ninety (90) calendar days each, upon written request demonstrating a good-faith effort to complete the work and circumstances beyond the permittee’s control.
G. Expiration – Building Maintenance Permits.
A building maintenance permit shall expire one hundred eighty (180) calendar days after the date of issuance. The Building Official may grant one or more extensions of not more than one hundred eighty (180) calendar days each, upon written request demonstrating justifiable cause.
15.00.040 Procedure for Appeals and Hearings
Any person aggrieved by a decision or subject to a hearing under this Title shall have the right to appeal to the City Council of the City. The appeal shall be in writing and submitted to the City Clerk within ten (10) calendar days of the date of the decision or hearing outcome being appealed.
Upon receipt of a timely appeal, the City Council, at its next regular meeting, shall set a time for hearing the appeal. The hearing date shall be not less than fourteen (14) nor more than forty-five (45) calendar days from the date of that regular meeting. A copy of the notice of hearing shall be mailed to the appellant not less than ten (10) calendar days before the date of the hearing by the City Clerk.
The hearing may be continued at the request of the appellant, subject to approval by the City Council, for a period not to exceed sixty (60) calendar days from the date originally set. The decision of the City Council shall be final.
Notice of the City Council’s decision shall be delivered to the appellant personally or sent by certified mail—return receipt requested. The effective date of the decision shall be the date of mailing of the notice or the date it is personally delivered to the appellant.
Failure to file an appeal in accordance with this section shall constitute a waiver of any right to an administrative hearing and adjudication of the matter being appealed.
15.00.050 Cooperation of Other Officials and Officers
The building official may request, and shall receive, the assistance and cooperation of other officials of this jurisdiction so far as is required in the discharge of the duties required by this code or other pertinent law or ordinance.
15.00.060 Emergency Access
When entry is refused or not obtained, the Building Official may pursue any inspection warrant or other remedy authorized by law (Code of Civil Procedure §§ 1822.50–1822.57). It is unlawful to violate a lawful order or warrant issued under this Title.
15.00.070 Construction Drawing Format
Construction drawings required under this Title shall be drawn upon a suitable material with a minimum sheet size of 11 inches by 17 inches (279 mm by 432 mm) or larger. All text on construction drawings shall be in a font size equivalent to at least 10-point type, with a printed character height of not less than 1/8 inch (3.2 mm) on the submitted plans, and shall be clearly readable. This section does not apply to supporting documents such as calculations, reports, or specifications. Electronic plans (PDF) are accepted; digital sheet sizes shall be equivalent to the minimums herein.
15.00.080 Qualifications for Permit
A. Licensed Contractor - A permit may be issued to a person holding a valid contractor’s license in the appropriate classification issued by the Contractors State License Board and a valid Daly City business license.
B. Owner-Builder (Single-Family) - A bona fide owner of a single-family dwelling may obtain a permit as provided in Business and Professions Code §7044, and must either personally perform the work or hire licensed subcontractors where required by law. Eligibility is determined by the Building Official or authorized representative.
C. Property Management Firm or Corporation - A permit may be issued to a firm or corporation that (1) regularly employs qualified tradespersons to perform alteration or repair work on buildings it owns or operates, and (2) maintains workers’ compensation insurance for those tradespersons.
Work requiring licensure shall be performed by state-licensed contractors unless exempt by law.
D. Administrative Authority - Issuance of a permit or approval of plans does not prevent the Building Official or authorized representative from requiring corrections, issuing stop-work orders, or suspending/revoking any permit or approval issued in error or based on incorrect, inaccurate, or incomplete information.
E. State Law Reference - Nothing in this section creates an exemption from contractor licensure.
Minor-work thresholds and related exemptions shall be applied per Business and Professions Code §7048.
15.00.090 Workmanship
All design, construction, and installation shall comply with the California Building Standards Code (Title 24) as adopted by this Title, referenced standards, approved plans, and manufacturers’ installation instructions and listings. Where requirements conflict, the most restrictive shall govern.
15.00.100 Stormwater Best Management Practices
All work undertaken in conformance with this code shall adhere to best management practices, guidelines, or requirements adopted by the City for any activity, operation, or facility that may cause or contribute to stormwater pollution or contamination, illicit discharges, and/or the discharge of non-stormwater to the stormwater system. Every person undertaking such activity or operation under this code shall comply with such guidelines or requirements as may be identified by the Building Official or designee.
On and after January 1, 2026, the installation of copper metal roofing, copper gutters, copper downspouts, and asphalt shingles containing copper granules shall be prohibited for any residential, commercial, or industrial building requiring a building permit. Copper flashing used under tiles or slates, and small copper ornaments, are exempt. Any request for exemption based on historic status shall be reviewed and determined by the Planning Division. This section is adopted to reduce copper discharge into stormwater and protect water quality.
Note: This amendment is adopted to address local stormwater quality concerns in coordination with the San Mateo Countywide Water Pollution Prevention Program requirements and NPDES municipal stormwater permit obligations.
15.00.110 Effects of Code in Past Actions and Obligations The adoption of title 15 of the Daly City Municipal Code does not affect any civil lawsuits instituted or filed, or prosecutions for ordinance violations committed on or prior to the effective date of the said Code and does not affect the validity of any bonds or cash deposits posted, filed, or deposited pursuant to the requirement of any ordinance.
EXHIBIT B - CHAPTER 15.08 - BUILDING CODE
Sections:
15.08.010 California Building Code – Adoption – Where Filed
15.08.020 Reserved
15.08.030 Chapter 2 Definitions – Amended
15.08.040 Section 406.3.4 Additional Residential Gypsum Board Requirements – Amended
15.08.050 Section 501.2 Address Identification – Amended
15.08.060 Section 903 Automatic Sprinkler System – Amended
15.08.070 Reserved
15.08.080 Table 1505.1 Minimum Roof Covering Classifications for Types of Construction, Amended
15.08.090 Section 1705.3 Concrete Construction Exception 1 – Amended
15.08.100 Chapter 23, Sections 2306 and 2308 – Amended
15.08.110 Section 2113.9.2.1 Spark Arrestors for Reroofing Projects – Amended
15.08.010 Building Code – Adoption – Where Filed
The City adopts the California Building Code, 2025 Edition, as adopted by the California Building Standards Commission and applicable state agencies, together with the amendments set forth in this chapter. The code shall apply only to projects within the jurisdiction of the City and enforceable by the Building Official. One copy is on file and available for public inspection in the Building Division. From the effective date of the ordinance codified in this chapter, the provisions of the California Building Code, 2025 Edition, as amended, shall be controlling within the City.
This adoption is effective January 1, 2026, the effective date of the 2025 California Building Standards Code; applications deemed complete before that date may proceed under the code in effect on the deemed-complete date.
15.08.020 Reserved
15.08.030 Chapter 2 Definitions – Amended
Chapter 2 of the California Building Code, 2025 Edition, is amended by adding the following definitions:
DECK, ATTACHED. An exterior floor system supported on at least one side by the exterior wall of the adjoining structure and supported on the opposing side by posts, piers, or other support methods.
SLEEPING ROOM. A minimum of seventy square feet and shall be not less than seven feet in any direction. A study, sewing room, sitting room, office, den, or similar room shall be considered a room designed for sleeping purposes if it contains a closet, alcove, indentation, or wing wall which creates an area greater than twelve inches in depth.
15.08.040 Section 406.3.4 Additional Residential Gypsum Board Requirements – Amended
Section 406.3 of the California Building Code, 2025 Edition, is amended by adding section 406.3.4 to read as follows:
406.3.4 Private garage separation requirements for alterations When existing unconditioned space is converted to conditioned space for non-sprinklered R-3 occupancies of Type V construction, the private garage shall comply with section 406.3.
15.08.050 Section 502.1 – Amended
Section 502.1 of the California Building Code, 2025 Edition, is amended by adding the following sentence:
For projects that add habitable space, address identification shall be illuminated, either internally or externally, and contrast with the background.
15.08.060 Section 903 Automatic Sprinkler System – Amended Section 903 of the California Building Code, 2025 Edition, is amended to read as follows:
Automatic fire sprinkler system requirements shall be as provided in Daly City Municipal Code §15.00.010(E) and Chapter 15.32 (Fire Code). Administration, plan review, permitting, and inspections are under the authority of the North County Fire Authority.
15.08.070 Reserved
15.08.080 Table 1505.1 Minimum Roof Covering Classifications for Types of Construction – Amended
Table 1505.1 of the California Building Code, 2025 Edition, is amended to read as follows:
Table 1505.1 Minimum Roof Covering Classification for Types of Construction a, b
IA IB IIA IIB IIIA IIIB IV VA VB
B B B B B B B B B
a. Unless otherwise required in accordance with Chapter 7A b. The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair, or replacement of the roof of every existing structure shall be a fire-resistant roof covering that is at least Class B.
15.08.090 Section 1705.3 Concrete Construction Exception 1 – Amended Section 1705.3 Concrete construction of the California Building Code, 2025 Edition is amended to read as follows:
Exception 1: Isolated spread concrete footings for buildings three stories or less above grade plane, fully supported on earth or rock, where the structural design of the footing is based on f′c not more than 2,500 psi (17.2 MPa), regardless of the compressive strength specified in the approved construction documents or used in the footing construction.
15.08.100 Chapter 23, Sections 2306 and 2308 – Amended
In the California Building Code, 2025 Edition, Sections 2306 and 2308 are amended to read as follows:
In Tables 2306.3(3) and 2308.6.3(1), the following materials and methods are not approved and are deleted: (1) expanded metal or woven wire lath and Portland cement plaster, (2) gypsum lath, plain or perforated, (3) gypsum sheathing, and (4) gypsum board, gypsum veneer base, or water- resistant gypsum backing board.
15.08.110 Section 2113.9.2.1 Spark Arrestors for Reroofing Projects – Amended Section 2113.9 of the California Building Code, 2025 Edition, is amended to add subsection 2113.9.2.1 to read as follows:
2113.9.2.1 Spark Arrestors for Reroofing Projects – At the time of any reroofing project, where a masonry chimney is present, the chimney shall be equipped with an approved spark arrestor meeting the requirements of Section 2113.9.2.
EXHIBIT C - CHAPTER 15.10 - RESIDENTIAL CODE
Sections:
15.10.010 California Residential Code – Adoption – Where Filed
15.10.020 Reserved
15.10.030 Section R202 Definitions – Amended
15.10.040 Section R302.6.1, R302.6.1.1 and R302.6.1.2 Fire Protection Retrofits – Amended
15.10.050 Section R302.1 Exterior Walls – Amended
15.10.060 Section R309 and R317.5 - Automatic Fire-Sprinkler System Requirements – Amended
15.10.070 Reserved
15.10.080 Section R319 Site Address – Amended
15.10.090 Section R328 Energy Storage Systems – Amended
15.10.100 Section R602.10 Wall Bracing – Amended
15.10.110 Section R902.1 All Roof Coverings – Amended
15.10.010 California Residential Code – Adoption – Where Filed The City adopts the California Residential Code, 2025 Edition, as adopted by the California Building Standards Commission and applicable to the City, together with the amendments set forth in this chapter. One copy is on file and available for public inspection in the Building Division.
From the effective date of the ordinance codified in this chapter, the provisions of the California Residential Code, 2025 Edition, as amended, shall be controlling within the City. This adoption is effective January 1, 2026, the effective date of the 2025 California Building Standards Code; applications deemed complete before that date may proceed under the code in effect on the deemed-complete date.
15.10.020 Reserved
15.10.030 Section R202 Definitions – Amended
Section R202 of the California Residential Code, 2025 Edition, is amended by adding the following definitions:
DECK, ATTACHED. An exterior floor system supported on at least one side by the exterior wall of the adjoining structure and on the opposite side by posts, piers, or other supports.
SLEEPING ROOM. A room with a minimum floor area of 70 square feet and not less than 7 feet in any direction. A study, sewing room, sitting room, office, den, or similar room shall be considered a sleeping room if it contains a closet, alcove, indentation, or wing wall creating an area greater than 12 inches in depth.
15.10.040 Section R302.6.1 Fire Protection Retrofits – Amended Section R302.6 of the California Residential Code, 2025 Edition, is amended by adding subsection R302.6.1 to read as follows:
R302.6.1 Dwelling alterations-separation Requirements. When existing unconditioned space is converted to conditioned space in non-sprinklered buildings, the private garage shall comply with R302.6.
15.10.050 Section R302.1 Exterior Walls – Amended
Section R302.1 of the California Residential Code, 2025 Edition, is amended by adding the following:
For the purposes of this section, attached decks not exempt from permitting under Section R105.2 shall be considered projections. Exterior wall construction, projections, openings, and penetrations of dwellings and accessory buildings shall comply with Table R302.1(1), or with Table R302.1(2) where the building is equipped throughout with an automatic sprinkler system installed in accordance with Section R313. Where multiple detached dwellings are located on a single lot, each dwelling shall comply independently with the applicable table. Exceptions and tables of this section remain unchanged.
15.10.060 Section R309 and R317.5 - Automatic Fire-Sprinkler System Requirements – Amended
Sections R309 (Automatic Sprinklers) and R317.5 (Fire Sprinklers – Location on Property), including all subsections, of the California Residential Code, 2025 Edition, are deleted in their entirety. All automatic fire sprinkler requirements referenced in these sections or elsewhere in the Residential Code shall be governed by Daly City Municipal Code Chapter 15.32 and the California Fire Code, 2025 Edition. Plan review, permitting, and inspections shall be under the authority of the North County Fire Authority.
15.10.070 Reserved
15.10.080 Section R319 Address Identification – Amended Section R319 of the California Residential Code, 2025 Edition, is amended by adding the following:
For projects adding habitable space, address identification shall be illuminated, either internally or externally, and shall contrast with the background.
15.10.090 Section R328 Energy Storage Systems – Amended Section R328 of the California Residential Code, 2025 Edition, is amended by adding section R328.3.2 to read as follows:
R328.3.2 Disconnection Means. A disconnecting means shall be provided for all ungrounded conductors to and from an ESS. The disconnecting means shall be located in a readily accessible location on the exterior of the building. Location and installation shall also comply with CEC Article 706 and any applicable serving-utility standards.
15.10.100 Section 602.10 Wall Bracing – Amended
Section R602.10 of the California Residential Code, 2025 Edition, is amended by adding the following:
The following wall bracing methods are prohibited: GB (gypsum wall board), LIB (let-in bracing), DBW (diagonal wood board), SFB (structural fiberboard sheathing), PBS (particleboard sheathing), PCP (Portland cement plaster), and HPS (hardboard panel siding). Materials used for shear walls shall comply with Daly City Municipal Code §15.08.100.
15.10.110 Section R902.1.4 All Roof Coverings – Amended Section R902.1 of the California Residential Code, 2025 Edition, is amended by adding subsection R902.1.4 to read as follows:
R902.1.4 All Roof Coverings. All roof coverings shall be a minimum Class B, tested in accordance with ASTM E108 or UL 790. The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair, or replacement of an existing structure, shall be fire-retardant and at least Class B.
15.10.120 Section R1003.9.2.1 Spark Arrestors for Reroofing Projects – Amended Section R1003.9 of the California Residential Code, 2025 Edition, is amended by adding subsection R1003.9.2.1 to read as follows:
R1003.9.2.1 Spark Arrestors for Reroofing Projects. At the time of any residential reroofing project where a masonry chimney is present, the chimney shall be equipped with an approved spark arrestor meeting the requirements of Section R1003.9.2.
EXHIBIT D -CHAPTER 15.12 - CALIFORNIA REFERENCE STANDARDS CODE
Sections:
15.12.010 California Reference Standards Code – Adoption by reference - Where Filed
15.12.010 California Reference Standards Code – Adoption by reference– Where Filed There is adopted by the City that certain code known as the California Reference Standards Code, 2025 Edition, published by the International Code Council, except as hereinafter amended. One copy is on file and available for public inspection in the Building Division. From and after the effective date of the ordinance codified in this chapter, and effective January 1, 2026 consistent with the 2025 California Building Standards Code, the provisions of the California Reference Standards Code, 2025 Edition, as amended, shall be controlling within the City. Applications deemed complete before that date may proceed under the code in effect on the deemed-complete date.
EXHIBIT E - CHAPTER 15.14 - PROPERTY MAINTENANCE CODE
Sections:
15.14.010 International Property Maintenance Code– Adoption – Where Filed
15.14.020 Section [A] 102.3 Application of Other Codes – Amended
15.14.030 Section [A] 107.3 Failure to Obey Order – Amended
15.14.040 Section 110.5.1 Cost Recovery for Authorized Emergency Abatement of Immediate Life, Health, and Safety Hazards – Added
15.14.050 Section 110.6 Hearing, Amended
15.14.060 Section 106 Means of Appeal, Amended
15.14.010 International Property Maintenance Code– Adoption – Where Filed The City adopts the International Property Maintenance Code, 2024 Edition, together with the amendments set forth in this chapter, for the purpose of prescribing regulations for the health and safety of its inhabitants. One copy is on file and available for public inspection in the Building Division. From the effective date of the ordinance codified in this chapter, the provisions of the International Property Maintenance Code, 2024 Edition, as amended, shall be controlling within the City. The International Property Maintenance Code is adopted as a local property-maintenance ordinance for existing structures and premises. It is not a building standard within HSC §18909 and shall not authorize work contrary to the California Building Standards Code (Title 24) or State Housing Law regulations (Title 25). Where conflicts occur, Title 24/Title 25 govern.
15.14.020 Section [A] 102.3 Application of Other Codes – Amended Section [A] 102.3 of the International Property Maintenance Code, 2024 Edition, is amended to read as follows:
Repairs, additions, alterations, and changes of occupancy shall comply with the California Building Standards Code (Title 24), including the California Existing Building Code, 2025 Edition, as adopted by this Title. Permits, plan review, and inspections for such work shall be administered pursuant to the California Building Standards Code as adopted by the City.
15.14.030 Section 107.3 Failure to Obey Order – Amended Section [A] 107.3 of the International Property Maintenance Code, 2024 Edition, is retitled “Failure to Obey Order” and amended to read as follows:
Any person who fails to comply with a notice of violation or order, after service in accordance with Section 107 and the expiration or final determination of any appeal under Section 111, commits a violation of this Code. Enforcement may proceed through the remedies provided in the Daly City Municipal Code, including administrative citations, civil action, or criminal enforcement as authorized by law. Each day of noncompliance constitutes a separate violation.
15.14.040 Section 110.5 Cost Recovery for Emergency Abatement – Amended Section 110.5 of the International Property Maintenance Code, 2024 Edition, is amended by adding subsection 110.5.1 to read:
110.5.1 Cost Recovery. The City may recover all reasonable costs incurred for emergency abatement of immediate life, health, or safety hazards under this chapter. Costs shall be billed to the property owner. Unpaid amounts may be collected as a personal obligation and/or by lien or special assessment pursuant to Government Code §§ 38773, 38773.1, and 38773.5, after notice
and hearing and City Council confirmation. The City Manager or designee is authorized to implement this section.
15.14.050 Section 110.6 Hearing, Amended
Section 110.6 of the International Property Maintenance Code, 2024 Edition is deleted and substituted by Daly City Municipal Code section 15.00.050.
15.14.060 Section 106 Means of Appeal, Amended
Section 106 of the International Property Maintenance Code, 2024 Edition is deleted and substituted by Daly City Municipal Code Section 15.00.050.
EXHIBIT F - CHAPTER 15.16 -MECHANICAL CODE
Sections:
15.16.010 California Mechanical Code – Adoption – Where Filed
15.16.010 California Mechanical Code – Adoption – Where Filed The City adopts the California Mechanical Code, 2025 Edition, as published by the International Association of Plumbing and Mechanical Officials, together with the amendments set forth in this chapter. One copy is on file and available for public inspection in the Building Division. From the effective date of the ordinance codified in this chapter, the provisions of the California Mechanical Code, 2025 Edition, as amended, shall be controlling within the City. This adoption is effective January 1, 2026, the effective date of the 2025 California Building Standards Code; applications deemed complete before that date may proceed under the code in effect on the deemed-complete date.
EXHIBIT G - CHAPTER 15.20 - CALIFORNIA PLUMBING CODE
Sections:
15.20.010 California Plumbing Code – Adoption – Where Filed
15.20.160 Section 602.5 Unlawful Connections – Added
15.20.200 Section 612.0 Residential Fire Sprinkler Systems – Amended
15.20.210 Reserved
15.20.230 Section 103.1.1 Administrative Authority Relating to Building Sewer, Added
15.20.010 California Plumbing Code – Adoption – Where Filed The City adopts the California Plumbing Code, 2025 Edition, as published by the International Association of Plumbing and Mechanical Officials, together with the amendments set forth in this chapter. One copy is on file and available for public inspection in the Building Division. From the effective date of the ordinance codified in this chapter, the provisions of the California Plumbing Code, 2025 Edition, as amended, shall be controlling within the City. This adoption is effective January 1, 2026, the effective date of the 2025 California Building Standards Code; applications deemed complete before that date may proceed under the code in effect on the deemed-complete date.
15.20.160 Section 602.5 Unlawful Connections – Amended
Section 602.0 of the California Plumbing Code, 2025 Edition, is amended by adding subsection 602.5 to read as follows:
602.5 Other Unlawful Connections. Potable water supply piping shall not be installed or designed to create dead ends incapable of being circulated, except for domestic fire sprinkler systems connected directly to the domestic service piping. An approved backflow prevention device shall be installed at the point of connection between the domestic and sprinkler piping.
15.20.200 Section 612.0 Residential Fire Sprinkler Systems – Amended Section 612.0 of the California Plumbing Code, 2025 Edition, is deleted in its entirety and is replaced with Daly City Municipal Code Section 15.32 and the 2025 California Fire Code. Fire Sprinkler System requirements, plan review, and inspection shall be determined by the North County Fire Authority.
15.20.210 Reserved
15.20.230 Section 103.1.1 Administrative Authority for Building Sewer Design – Amended
Section 103.1.1 is added to the California Plumbing Code, 2025 Edition, to read as follows:
103.1.1 Administrative authority for building sewer design. The administrative authority for the review, approval, and inspection of building sewer systems located outside the building envelope shall be as specified in Section 15.00.010(C) of the Daly City Municipal Code. Such authority includes the enforcement of requirements related to design standards, pipe materials, sizes, alignments, connection points, and applicable fees, as established by each agency through its adopted rules, ordinances, or standard specifications
EXHIBIT H - CHAPTER 15.22 - CALIFORNIA GREEN BUILDING STANDARDS CODE
Sections:
15.22.010 California Green Building Standards Code – Adoption – Where Filed
15.22.010 California Green Building Standards Code – Adoption – Where Filed The City adopts the California Green Building Standards Code, 2025 Edition, as published by the International Code Council, together with the amendments set forth in this chapter. One copy is on file and available for public inspection in the Building Division. From the effective date of the ordinance codified in this chapter, the provisions of the California Green Building Standards Code, 2025 Edition, as amended, shall be controlling within the City. This adoption is effective January 1, 2026, the effective date of the 2025 California Building Standards Code; applications deemed complete before that date may proceed under the code in effect on the deemed-complete date.
EXHIBIT I - CHAPTER 15.24 - ELECTRICAL CODE
Sections:
15.24.010 California Electrical Code – Adoption – Where Filed
15.24.020 Article 230.70(A) (1) Location of Disconnecting Means – Amended
15.24.010 California Electrical Code – Adoption – Where Filed The City adopts the California Electrical Code, 2025 Edition, as published by the National Fire Protection Association, together with the amendments set forth in this chapter. One copy is on file and available for public inspection in the Building Division. From the effective date of the ordinance codified in this chapter, the provisions of the California Electrical Code, 2025 Edition, as amended, shall be controlling within the City. This adoption is effective January 1, 2026, the effective date of the 2025 California Building Standards Code; applications deemed complete before that date may proceed under the code in effect on the deemed-complete date.
15.24.020 Article 230-70(A) (1). Location of Disconnecting Means – Amended Article 230.70(A)(1) of the California Electrical Code, 2025 Edition, is amended to read as follows:
230.70(A)(1) Location. The main service disconnecting means and associated utility meter(s) shall be located in spaces that are readily accessible for examination, reading, replacement, or necessary maintenance. Electrical meters and disconnecting means shall generally be installed on the exterior of the building.
EXHIBIT J - CHAPTER 15.60 -ENERGY CODE
Sections:
15.60.010 California Energy Code – Adoption – Where Filed
15.60.010 California Energy Code – Adoption – Where Filed The City adopts the California Energy Code, 2025 Edition, as published by the International Code Council, together with the amendments set forth in this chapter. One copy is on file and available for public inspection in the Building Division. From the effective date of the ordinance codified in this chapter, the provisions of the California Energy Code, 2025 Edition, as amended, shall be controlling within the City. This adoption is effective January 1, 2026, the effective date of the 2025 California Building Standards Code; applications deemed complete before that date may proceed under the code in effect on the deemed-complete date.
EXHIBIT K - CHAPTER 15.65 - CALIFORNIA EXISTING BUILDING CODE
Sections:
15.65.010 California Existing Building Code – Adoption – Where Filed
15.65.010 California Existing Building Code – Adoption – Where Filed The City adopts those portions of the California Existing Building Code, 2025 Edition, published by the International Code Council, that are identified in the Matrix Adoption Table at the beginning of each chapter under HCD 1 and HCD 2, together with the amendments set forth in this chapter.
One copy is on file and available for public inspection in the Building Division. From the effective date of the ordinance codified in this chapter, the provisions of the California Existing Building Code, 2025 Edition, as adopted by the State of California for HCD 1 and HCD 2 occupancies, as amended, shall be controlling within the City. This adoption is effective January 1, 2026, the effective date of the 2025 California Building Standards Code; applications deemed complete before that date may proceed under the code in effect on the deemed-complete date.
EXHIBIT L - CHAPTER 15.32 - FIRE CODE
Sections:
15.32.010 2025 California Fire Code, Title 24, Part 9 and 2021 International Fire Code adopted - Adoption – Where Filed
15.32.020 Bureau of fire prevention—Established—Enforcement duties.
15.32.030 New materials, processes, or occupancies which may require permits.
15.32.040 Section 105 - Amended
15.32.050 Section 107 - Amended
15.32.060 Section 111 - Amended
15.32.070 Section 505.1 - Amended
15.32.080 Section 507.5.1 - Amended.
15.32.090 Section 509.1.2 – Added
15.32.100 Section 903.2 - Amended.
15.32.110 Section 903.2.22 - Added Automatic Sprinkler systems
15.32.120 Section 903.4 - Sprinkler System Supervision and Alarms
15.32.130 Section 904.13.6 - Added.
15.32.140 Section 907.7.3. - Amended
15.32.150 Section 907.8.4 - Amended
15.32.160 Section 914.3.9 - Added
15.32.170 Section 5608.1 - Amended
15.32.180 Section 5608.1.2 - Amended
15.32.190 Violation – Penalty - Added
15.32.200 Authority to Cite -Added
15.32.210 Appendix D Section D101.2 - Added
15.32.220 Appendix D Section D102 - Added
15.32.230 Appendix D—Fire Apparatus Access Roads. D102.2 - Added
15.32.240 Amendment Appendix D Section D102.3 - Added
15.32.250 Appendix D Section D102.4 - Added
15.32.260 Vegetation Management Program for the Southern Hills Area - Added
15.32.010 2025 California Fire Code, Title 24, Part 9 and 2024 International Fire Code adopted.
There is hereby adopted by the City of Daly City, for the purpose of prescribing regulations governing conditions hazardous to the life and property and for protection from fire or explosion, those non-building standards contained within the International Fire Code and Building Standards contained within the California Fire Code, 2025 Edition [California Code of Regulations, Title 24, Part 9], published by the International Code Council, amended by the State of California and as adopted and/or amended by the Office of the State Fire Marshal, and the whole thereof, including Appendix B ("Fire-Flow Requirements for Buildings"), Appendix C ("Fire Hydrant Locations and Distributions") Appendix D (Fire Apparatus Access Roads"), Appendix F ("Hazard Ranking"), and Appendix L ("Requirements for Fire Fighter Air Replenishment Systems save and except such portions as are hereinafter deleted, modified or amended by this chapter, of which code and standards not less than one copy has been and is now filed in the office of the city clerk of the city
and the same is adopted and incorporated as fully set out at length in this chapter, and from the date on which the ordinance codified in this chapter shall take effect, the provisions thereof shall be controlling within the limits of the city.
15.32.020 Bureau of fire prevention—Established—Enforcement duties.
A. This code shall be enforced by the fire prevention serviced bureau in the fire department which is established, and which shall be operated under the supervision of the chief of the fire department.
B. The fire marshal in charge of the fire prevention services bureau shall be appointed by the city manager on the basis of examination to determine his/her qualifications.
15.32.030 New materials, processes, or occupancies which may require permits.
The city manager, or designated representative, the chief and the fire marshal of the fire prevention services bureau, shall act as a committee to determine and specify, after giving affected persons the opportunity to be heard, any new materials, processes, or occupancies which shall require permits, in addition to those now encumbered in the code. The fire marshal of the fire prevention services bureau shall post such list in a conspicuous place in his/her office, and distribute copies thereof to interested persons.
15.32.040 Section 105 - Amended.
Section 105 of this code is amended by adding the following required permits:
105.5 Required operational permits. The fire code official is authorized to issue operational permits for the operations set forth in Sections 105.5.1 through 105.5.63. 105.5.60 Christmas Tree Lot. To operate a Christmas tree lot for the seasonal sale of Christmas trees.
105.5.61 Fire Alarm. To operate a manually or automatically actuated fire alarm in any building.
Exception: smoke detectors in one and two-family dwellings. 105.5.62 Institutions and day care. To operate any and all occupancies that are set forth under Group I Occupancies, and Group E Occupancy of Title 24 of the California Code of Regulations, each accommodating more than six people.
105.5.63 Residential care facility. To operate a residential care/assisted living facility as set forth under Group R, Division 4 Occupancies.
15.32.050 Section 108 -Amended.
Section 108 is amended by adding the following paragraph at the end of the section:
The city council of the City of Daly City may if it so desires, establish by resolution permit fees in connection with any permit required or authorized to be issued by the fire chief or any other authorized representative of the fire department.
15.32.060 Section 112 – Amended.
Section 112 of this code is deleted in its entirety and replaced by the following sections to read as follows:
Section 112 Appeals
A. If a person is aggrieved by the decision of the fire chief or fire marshal, he/she shall have the right to appeal said decision to the city council.
B. Said appeal shall be in writing and shall be submitted to the city council within ten days of the decision of the fire chief or fire marshal. The city council shall, thereafter, at the next regular meeting of the city council after receipt of notice of appeal, set a time for hearing on
said appeal, which time shall be not less than fourteen nor more than forty-five days from the date of the regular meeting.
C. A copy of the notice of hearing shall be mailed to the appellant not less than ten days before the date of hearing by the city clerk.
D. The time of hearing may be continued at the request of the party aggrieved at any time, which continuance shall not exceed a maximum of sixty days from the date originally set for hearing.
E. Said right of continuance shall be subject to approval by the city council and the decision of the city council shall be final.
F. Notice of the decision of the city council shall be delivered to appellant personally, or sent by certified mail, return receipt requested.
G. The effective date of such decision shall be the date of mailing of such notice of the decision, or the date the same is personally delivered to the appellant.
H. Failure of any person to file an appeal in accordance with the provisions of this code shall constitute a waiver of his/her right to an administrative hearing an adjudication of the notice and order, or to any portion thereof.
15.32.070 Section 505.1 - Amended.
Section 505.1 is amended by adding the following at the end of the section:
Said numbers shall be internally or externally illuminated in all new construction, or when alterations or repairs of existing construction occur. The size and location of address numbers for multi-family dwellings and all other occupancies shall be as designated by the fire marshal.
Buildings shall be placarded in accordance with NFPA 704. The locations and size of placards shall be as required by the fire marshal.
15.32.080 Section 507.5.1 - Amended.
Section 507.5.1 of this code is amended to read as follows:
Section 507.5.1 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 150 feet from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the fire code official.
Exceptions: For group R-3 and U occupancies, the distance requirements shall be 250 feet.
15.32.090 Section 509.1.2. - Added
Section 509.1.2 is added to this code to read as follows:
Section 509.1.2 Multi-Family tenant buildings. All gas and electric utility services in multi-family tenant buildings shall be visibly and legibly marked with the unit identification.
15.32.100 Section 903.2. - Amended
Section 903.2 of this code is deleted in its entirety and is replaced with the following:
Section 903.2 Where Required.
A fire extinguishing system shall be installed in all occupancies and locations as set forth in this section.
A. All Occupancies. All occupancies shall be protected throughout by an automatic fire sprinkler system installed in accordance with NFPA 13.
Exceptions: Detached garages less than 400 square feet in size. Detached carports and greenhouses. Sheds and auxiliary structures under 200 square feet in size and not used for human habitation.
B. Existing Occupancies. When an existing building undergoes any alteration, renovation, addition, or repair which exceeds 50% of the building's original gross area within any five (5)
year period, the entire building shall be protected by an automatic fire sprinkler system. Gross area shall be the area included within surrounding exterior walls.
Exceptions: Work involving exterior surfaces only, such as the replacement of roofing or siding, or the addition or replacement of windows or doors, or the addition of a porch or deck.
C. For purposes of this section, an addition, alteration or repair is defined as any change to a building that requires a permit other than only a mechanical, electrical or plumbing permit.
D. Other Areas. An automatic fire sprinkler system shall be installed in all garbage compartments, rubbish and linen chutes, linen rooms, incinerator compartments, dumb waiter shafts, and storage rooms when located in all occupancies except Group R, Division 3. An accessible indicating shut off valve shall be installed.
E. Condominium Conversions. An automatic fire sprinkler system shall be installed for all condominium conversions.
15.32.110 Automatic sprinkler systems – Added.
Add Sections 903.2.22
Purpose: To establish requirements for sprinkler protection of car stackers not specifically addressed in NFPA 13.
Parking garage areas containing car stackers shall be protected by an automatic wet-pipe sprinkler system designed to Extra Hazard Group 2. In addition, non-extended coverage standard sidewall sprinklers listed for Ordinary Hazard shall be provided under each parking level, including the bottom level if the stacker is provided with a pit. Each sidewall sprinkler shall cover an area of 80 sq. ft. or less.
The area of application may be reduced from the required 2500 sq. ft. to as low as 1500 sq. ft. if:
1. 1-hour fire rated walls are provided to separate the car stacker areas from the standard parking stalls,
2. The car stacker areas are divided up into 1500 sq. ft. areas via 1-hour fire rated walls, and
3. One-hour fire rated walls are provided to separate the car stacker areas from any other areas in the garage.
One-hour fired rated walls are not required in the driveway areas. For the hydraulic calculation, flow from all sprinklers, upright or pendent sprinklers at ceiling and all sidewall sprinklers at all levels, located in the area of application shall be included in the calculation.
15.32.120 Section 903.4 Sprinkler System Supervision and Alarms.
Section 903.4.3 is amended by added the following to the end of the paragraph:
In addition to the audible device(s) required by this section, an approved strobe light shall be located on the exterior of the building in an approved location.
15.32.130 Section 904.14.6 – Added.
Section 904.14.6 Floor Markings.
The location(s) of all cooking appliances that are protected by an approved automatic fire extinguishing system shall be permanently identified either by a wall mounted “approved” appliance floor plan or marked on the floor in a manner approved by the Fire Marshal.
15.32.140 Section 907.7.3 – Amended.
Section 907.7.3 of this code is amended by adding the following paragraph:
Each fire alarm system shall have posted at the main control panel instructions for silencing and resetting the system, the day and night phone numbers of the person responsible for the property, and the company or individual providing maintenance services for the alarm system.
15.32.150 Section 907.8.4. - Amended
Section 907.8.4 of this code is amended by adding the following paragraph:
Each operator of a fire alarm system is required to have a maintenance/inspection contract with a company or individual licensed by the California Department of Consumer Affairs to perform work on a fire alarm system. Individuals performing maintenance or inspection services must be appropriately licensed or directly employed by an appropriately licensed contractor. A current copy of the maintenance/inspection contract shall be submitted to the fire department each year before the issuance of an annual fire alarm permit. This contract shall provide for inspections and service in accordance with NFPA 72.
15.32.160 Section 914.3.9 - Added.
Section 914.3.9 is added to this code and shall read as follows:
Section 914.3.9 Multistoried. High-rise Safety Requirements.
All Group B and Group R occupancies, each having floors used for human occupancy located more than seventy-five feet (75') above the lowest level of fire department vehicular access, shall be equipped with an approved Firefighter Breathing Air Replenishment System, as outlined in Appendix L. Such a system shall provide an adequate pressurized fresh air supply through a permanent piping system for the replenishment of portable life sustaining air equipment carried by fire department, rescue, and other personnel in the performance of their duties. Location and specifications of access stations to, and the installation of, such air replenishment systems shall be made in accordance with the requirements of the fire chief.
15.32.170 Section 5608.1. - Amended
Section 5608.1 of this code is amended by adding the following paragraph:
The sale and discharge of fireworks is permitted only as provided in Title 8, Chapter 8.24 et seq., of the Daly City Municipal Code.
15.32.180 Section 5608 – Amended.
Section 5608 of this code is amended by adding Section 5608.1.2 as follows:
Section 5608.1.2. The foregoing provisions of Chapter 56 shall be subject to the provisions of Title 8, Chapter 8.24 of the Daly City Municipal Code whenever same are in conflict therewith.
15.32.190 Violation—Penalty - Added.
Any person who shall violate any provision of this code adopted by this chapter, or fail to comply therewith, or who shall build in violation of any detailed statement of specifications or plans submitted and approved hereunder, and from which no appeal has been taken, or shall fail to comply with such and order as affirmed or modified by the city council or by a court of competent jurisdiction, within the time fixed therein, shall severally for each and every such violation and non compliance respectively, be guilty of a misdemeanor, punishable as set forth in section
1.12.020 of the Daly City Municipal Code. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct
or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten days that prohibited conditions are maintained shall constitute a separate offense.
15.32.200 Authority to cite - Added.
The fire chief and/or fire marshal may, pursuant to section 836.5 of the Penal Code, and subject to the provisions thereof, cite a person whenever he/she has reasonable cause to believe that the person to be cited has committed a misdemeanor in his/her presence which is a violation of the International/California Fire Code adopted by the city and any amendments thereto, which the fire chief and/or fire marshal have duty to enforce.
15.32.210 Appendix D - Section D101.2 - Added.
Section D101.2 is added to read as follows:
D101.2—Definition—Fire Apparatus Access Road. A road that provides fire apparatus access from a fire station to a facility, building or portion thereof. This is a general term inclusive of all other terms such as fire lane, public street, private street, parking lot lane, access road way and drive way.
15.32.220 Appendix D Section D102.1 - Added.
An Exception to Appendix D102.1 is added to read as follows:
Exception: When a fire department access road cannot be installed due to location on the property, topography, waterways, non-negotiable grades, or other similar conditions the AHJ shall be authorized to require fire protection features in addition to those already required.
15.32.230 Appendix D—Section D102.2 Fire Apparatus Access Roads - Added.
Section D102.2 is added to read as follows:
Section D102.2—Fire department access shall extend to within 50 feet (15 m) of at least one exterior door that can be opened from the outside and that provides access to the interior of the building.
Exception: one- or two-family dwellings or townhouses protected with 13D or 13R may be permitted to be increased to 150 ft (46 m).
15.32.240 Appendix D Section D102.3 - Added.
Section D102.3 is added to read as follows:
Large Buildings—Fire department access roads shall be provided such that any portion of the facility or any portion of an exterior wall of the first story of the building is located not more than 150 ft. (46 m) from fire department access roads as measured by an approved route around the exterior of the building or facility.
15.32.250 Appendix D Section D102.4 - Added.
Section D102.4 is added to read as follows:
Fire department access roads shall have an unobstructed vertical clearance of not less than 13 ft 6 in. (4.1 m).
15.32.260 Vegetation Management Program for the Southern Hills Area.
Part I—Purpose and Applicability
A. Purpose and Intent. The purpose and intent of these regulations is to identify areas which present a fire hazard due to the accumulation of gorse plants near residential areas so that
public officials are able to identify measures that will retard the rate of spread and reduce the potential intensity of uncontrolled fires that threaten to destroy resources, life, or property.
B. Designation of Vegetation Management Program Areas. Areas identified by the fire chief shall be deemed a fire hazard and it is the duty and responsibility of property owners within such area(s) to maintain such designated property in accordance with this section.
C. Authority to Designate and Designation of Vegetation Management Program Areas. a. The Daly City fire chief is authorized to designate area(s) within the boundaries of the city, as area(s) meeting the criteria governed section B.
b. The Daly City fire chief has designated the following area as an area meeting the criteria governed by section B:
i. Southern Hills: located in the northeast portion of Daly City north and east of Crocker Avenue including but not limited to South Hill Boulevard, Alta Vista Way, Oakridge Street and surrounding areas abutting San Bruno Mountain County Park which lies to the south. An exact area is delineated upon a map attached to the ordinance codified in this section as Appendix 1. An original map of the area is located within the administrative offices of the Daly City fire department.
D. General Requirements as to Dwellings or Structures In, Upon or Adjoining Specified Areas or Lands Within an Area(s) Meeting Criteria Governed by section B—Maintenance. a. Any person who owns, leases, controls, operates, or maintains any land within an area meeting criteria governed by Section B and designated by the fire chief pursuant to this section shall at all times do all of the following:
i. All properties shall be entirely cleared of all flammable vegetation including but not limited to gorse, grass, weeds, and brush. This subdivision does not apply to single specimens of trees, ornamental shrubbery, or similar plants that are used as groundcover, if they do not form a means of rapidly transmitting fire from native growth to any dwelling or structure; grass and other vegetation less than twelve inches in height above the ground may be maintained to stabilize the soil and prevent erosion; ii. Remove that portion of any trees that extend within ten feet of the outlet of any chimney or stovepipe;
iii. Provide and maintain at all times a screen over the outlet of every chimney or stovepipe that is attached to any fireplace, stove, or other device that burns any solid or liquid fuel. The screen shall be constructed of nonflammable material with openings of not more than one-half inch in size;
iv. Maintain any tree adjacent to or overhanging any building free of dead or dying wood; and
v. Maintain the roof of any structure free of leaves, needles, or other dead vegetative growth.
b. A person is not required under this section to maintain a clearing on any land if that person does not the have legal right to maintain the clearing, nor is any person required to enter upon or damage property that is owned by any other person without the consent of the owner of the property.
E. Application of Maintenance Standards to Specified Land or Water Areas. a. This section shall not apply to any land or water area acquired or managed for one or more of the following purposes or uses:
i. Habitat for endangered or threatened species, or any species that is a candidate for listing as an endangered or threatened species by the state or federal government; ii. Lands kept in a predominately natural state as habitat for wildlife, plant or animal communities; and
iii. Open space lands that are environmentally sensitive parklands.
b. This exemption applies whether the land or water area is held in fee title or any lesser interest. This exemption applies to any public agency, any private entity that had dedicated the land or water areas to one or more of those purposes or uses, or any combination of public agencies, and private entities making that decision.
F. Enforcement.
a. The provisions for Section 1507 and any subsequent subsections or local amendments to Section 1507 (roof coverings) of the latest edition of the California (International) Building Code as adopted by the city, shall apply in all areas so designated in the city. The building official shall enforce the provisions of Section 1507 in all areas so designated by the fire chief and as locally amended.
b. The Daly City fire department shall have authority to enforce all requirements in this section as well as the enabling statutes. Violations of this section, or of the enabling state statutes may be prosecuted under Sections 51185 through 51187 of the Government Code, or alternatively under the general penalty provisions of Chapter 1.12 of this code, or under this section as specified below.
i. Notification of Violation. Whenever the fire department determines that any property within the city is being maintained contrary to one or more of the provisions of this section, (s)he shall give written notice to the owners and/or tenant of the property stating the sections being violated.
ii. Referral to City Attorney. In the event an owner shall fail, neglect, or refuse to comply with the notice to correct a violation, the fire department may refer the violation to the city attorney for legal action, including the institution of a civil or criminal proceeding to achieve compliance, as an alternative to the administrative appeal committee process set out in the sections below.
iii. Referral to Administrative Appeal Committee. In the event an owner shall fail, neglect or refuse to comply with the notification, the fire department may seek compliance through the administrative appeal committee process as set forth in Part II of this section, in addition to, or as an alternative to any other remedy allowed by law or by this section.
iv. Referral to City Council for Abatement. In the event an owner shall fail, neglect, or refuse to comply with this notification, the fire department may seek compliance through abatement or physical security of the property as set forth in Part III of this section in addition to, or as an alternative to any other remedy allowed by law or by this section.
Part II—Administrative Appeals, Hearings, Orders, Penalties, and Costs A. Applicability of Administrative Appeal Process.
a. This subsection provides for administrative remedies, which are in addition to all other legal remedies, criminal or civil, which may be pursued by the city to address any violation of this section.
b. Use of this subsection shall be at the sole discretion of the city in general, and of the fire department in particular.
B. Purpose of Administrative Appeal Process.
a. The administrative appeal process serves to provide the full opportunity of a person subject to a notification of violation to object to the determination that a violation has occurred and/or that the violation has continued to exist. The failure of any person subject to a notification of violation, pursuant to this section, to appear at the hearing shall constitute a failure to exhaust administrative remedies.
b. In the absence of an appeal, the administrative appeal process is provided to review the facts of any issued notification of violation, where necessary, and upon review of such facts the administrative appeal board may:
i. Discharge the notification of violation;
ii. Re-issue the notification of violation; or
iii. Without further hearing, declare such property to be a violation, and order abatement, issue administrative orders, impose administrative penalties, and recover administrative costs pursuant to the provisions of this section. c. In appropriate cases, the administrative appeals board may decide or order the direct abatement of the subject property, subject to the property owner's right to timely appeal that decision to the Daly City Council.
C. Administrative Appeal Committee.
a. The administrative appeal committee shall be the body designated to conduct an administrative hearing to ascertain whether the violation exists, the abatement of which is appropriate under the police powers of the city.
b. The membership of the administrative appeal committee shall consist of one or more city employees appointed by the city manager or his or her designated representative, with sufficient supervisory, professional or practical experience to review the matters brought before the administrative appeals committee.
D. Notices.
a. Notice of administrative appeal committee hearing, or other actions shall be served upon the owner in accordance with the provisions of this section, and shall be served upon the property owner not less than fourteen days before the time fixed for the hearing. b. Notice shall be given by delivering a written notice personally to the owner(s) of the property upon which the violation is located, or by depositing such notice in the United States mail, postage prepaid, and addressed to the owner(s) thereof at his or her last known address as the same appears on the last equalized assessment roll of the county. In the event a notice is given to the person(s) in apparent possession or control of the property, such notice shall be given in either manner specified in this section and may be addressed to "occupant" or "to whom it may concern", if the name of such person(s) is unknown. c. Notice of hearing before the administrative appeal committee or notice of an action by the administrative appeal committee shall substantially contain the information as set forth below:
i. The date and location of the violation;
ii. The section of this code, the adopted International codes, state law or regulations or other such statutes violated and a description of the violation; iii. The actions required to correct the violation;
iv. The time period after which administrative penalties will begin to accrue if compliance with the notification has not been achieved;
v. Either a copy of this section or an explanation of the consequences of noncompliance with this section and a description of the hearing procedure and appeals process; or vi. The fact that this matter will be sent to the city attorney's office to seek compliance if the matter poses an immediate threat or danger.
d. The failure of any owner or other person to receive such notice shall not affect in any manner the validity of any proceedings taken under this section of this section.
E. Hearing—Findings and Order.
a. At the place and time set forth in the notice set out above, the administrative appeal board shall conduct a hearing on the notification of violation issued pursuant to this section. b. The board shall consider any written or oral evidence consistent with its rules and procedures regarding the violation and compliance by the violator or by the real property owner.
c. Within a reasonable time following the conclusion of the hearing, the board shall make findings and issue its determination regarding:
i. The existence of the violation;
ii. The failure of the violator/owner to take required corrective action within the required time period.
d. The board shall issue written findings. The findings shall be supported by evidence received at the hearing.
e. If the board finds by a preponderance of the evidence that a violation has occurred and that the violation was not corrected within the time period specified in the notification of violation, the board shall issue an administrative order. Such administrative order may direct abatement by the city.
f. If the board finds that no violation has occurred or that the violation was corrected within the time period specified in the notification of violation, the board shall issue a finding of those facts.
F. Administrative Order. If the administrative appeal board determines that a violation occurred which was not corrected within the time period specified in the notification of violation, the board shall issue an administrative order which imposes any or all of the following:
a. An order to correct, including a schedule for correction where appropriate; b. An order to abate, by city forces or contract, with allowance for timely appeal to the city council, and cost recovery for the costs of abatement;
c. Administrative penalties provided below;
d. Administrative costs as provided below.
G. Administrative Penalties.
a. The administrative appeal board may impose administrative penalties for the violation of any provision of this code in an amount not to exceed a maximum of two thousand five- hundred dollars per day for each ongoing violation, except that the total administrative penalty shall not exceed ten thousand dollars exclusive of administrative costs, interest and restitution for compliance inspections, for any related series of violations. b. In determining the amount of the administrative penalty, the board may take any and all of the following factors into consideration:
i. The duration of the violation;
ii. The good-faith efforts of the violator to come into compliance; iii. The economic impact of the penalty on the violator; iv. The impact of the violation on the community;
v. Such other factors as justice may require.
c. Administrative penalties imposed by the board shall accrue from the date specified in the notification of violation and shall cease to accrue on the date the violation is corrected as determined by the fire department or the board.
d. The board, in its discretion, may suspend the imposition of applicable penalties for any period of time during which the violator had made good-faith efforts to achieve compliance.
e. Administrative penalties assessed by the board shall be due by the date specified in the administrative order.
f. Administrative penalties assessed by the board are a debt owed to the city, and, in addition to all other means of enforcement, may be enforced by means of a lien against the real property on which the violation occurred.
g. If the violation is not corrected as specified in the board's administrative order, administrative penalties shall continue to accrue on a daily basis until the violation is corrected, subject to the maximum amount set forth.
h. If the violator gives written notice to the fire department that the violation has been corrected and if the fire department finds that compliance has been achieved, the city shall deem the date the written notice was postmarked or personally delivered to the fire
department or the date of the city's site inspection, whichever first occurred, to be the date the violation was corrected. If no written notice is provided, the violation will be deemed corrected on the date of the city's site inspection.
H. Administrative Costs.
a. The administrative appeal board may assess administrative costs against the violator when it finds that a violation has occurred, and that compliance has not been achieved within the time specified in the notification of violation.
b. The administrative costs may include any and all costs incurred by the city in connection with the matter before the administrative appeal board, including but not limited to costs of investigation, staffing costs incurred in the preparation for the hearing and for the hearing itself, and costs for all re-inspections necessary to enforce the notification of violation.
I. Failure to Comply with Administrative Compliance Order. Failure to pay the assessed administrative penalties and administrative costs specified in the administrative order of the administrative appeals board may be enforced as:
a. A personal obligation of the violator; and/or
b. A lien upon the real property. The lien shall remain in effect until all of the administrative penalties, interest and administrative costs are paid in full.
J. Right to City Council Review. Any person aggrieved by an administrative order or determination following a hearing by the administrative appeal board on a compliance dispute, may obtain review of the administrative order with the Daly City council as set out below.
K. Recovery of Abatement Costs and/or Administrative Civil Penalties. The City may collect abatement costs and/or the assessed administrative penalties and administrative costs by use of all available means, including recordation of a lien.
L. Compliance Dispute.
a. If a violator believes that compliance has been achieved but not agreed to or accepted as complete by the fire department, he or she may request a compliance hearing before the administrative appeal board by filing a request for a hearing with the fire department. b. The hearing shall be noticed and conducted in the same manner as a hearing on a notification of violation as provided in earlier subsections of the section. The board shall determine if compliance has been achieved and, if so, when it was achieved.
Part III—Appeals to City Council and Abatement
A. Appeals Procedure—Hearing by City Council.
a. The owner receiving an abatement order, administrative order, or an order of the administrative appeal board following a compliance hearing, may request a hearing before the city council ("council") by filing its request with the city clerk within ten calendar days of the date of service of the administrative order or an order of the administrative appeal board following a compliance hearing. The request shall contain:
i. A specific identification of the subject property;
ii. The names and addresses of all legal parties requesting the hearing; iii. A statement of the parties legal interest in the subject property; iv. A statement in ordinary and concise language of the specific order or action protested and the grounds for the hearing, together with all material facts in support thereof; v. The date and signatures of all requesting parties;
vi. The verification of at least one party as to the truth of the matters stated in the request. b. As soon as practical after receiving the request, the city clerk shall set a date for the council to hear the matter which date shall not be less than ten calendar days nor more than thirty calendar days from the date the appeal was filed. The city clerk shall give each party written notice of the time and place of the hearing, either by causing a copy of such notice to be
delivered to the party personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his or her address shown on the request. Continuances of the hearing may be granted by the council on the council's own motion. c. For each appeal to the city council, there shall be assessed a fee at the time of the filing of the appeal of one hundred dollars, which fee will be refunded should the person prevail in the appeal.
d. Property owners who have not availed themselves of the administrative appeal process of the previous section of this ordinance shall not have right to appeal to the council the issues concerning the notification of violation, any administrative orders, administrative penalties, administrative costs, compliance matters or other issues provided for in the previous section of this section.
B. Decision by City Council. Upon conclusion of the hearing, the council shall determine whether the property or any part thereof, as maintained, constitutes a violation. If the council so finds, the council shall adopt a resolution declaring such property to be in violation, setting forth its findings and ordering or confirming the abatement of the violation. The decision and order of the council shall be final.
C. Service of Order to Abate. A copy of the resolution of the council shall be served upon the owner(s) of the property in accordance with the provisions of this section. Upon abatement or compliance in full by the owner, the proceedings hereunder shall terminate.
D. Abatement by the City.
a. If such violation is not abated as ordered by the administrative appeals board or by the city council, the fire chief, or his/her designee shall cause the same to be abated by city employees or private contract. The city manager or his/her designee is expressly authorized to enter upon the property for such purposes. The cost, including incidental expenses, of abating the violation shall be billed to the owner and shall become due and payable thirty days thereafter. The term "incidental expenses" shall include, but not be limited to, personnel costs incurred in documenting the violation, the actual expenses and cost of the city in preparation of notices, specifications and contracts, and in inspecting the work, and the costs of printing and mailing required hereunder.
b. A person shall not obstruct, impede or interfere with the fire chief, or his/her designee, or his/her representative, or with any person who owns, or holds any interest or estate in, any property in the performance of any necessary act, preliminary to or incidental to, carrying out an abatement order issued pursuant to this section.
E. Filing of Judicial Action. Any action appealing the council's decision and order shall be commenced within thirty calendar days of the date of service of the decision.
F. Recording Cost of Abatement. The fire chief or his/her designee shall keep an account of the cost, including incidental expenses, of abating such violation on such private lot or parcel of land where the work of abatement is done by the city or under private contract, and shall render an itemized statement showing the cost of abatement. The cost accounting of abatement, including expenses, shall be provided to any person liable to be assessed for the cost of abatement.
G. Protests and Objection to Cost Report. Any person liable to be assessed for the cost of an abatement action may file written protest or objection to the fire chief's statement with the city clerk within fourteen days following mailing of such cost to the assessee. The city clerk shall endorse each protest or objection received and shall present such protest or objections to the city council at the time set forth for the hearing upon the imposition of a lien, in accordance with the lien and cost recovery procedures of Part IV of this section. No other protests or objections shall be considered.
Part IV—Liens and Cost Recovery
A. Lien Procedure.
a. Whenever:
i. The amount of any administrative penalty and/or administrative cost is imposed by the administrative appeal board pursuant to this section in connection with real property has not been satisfied in full within ninety days and/or has not been successfully challenged by a timely appeal to the city council; or
ii. Any cost of abatement and/or costs imposed by means of the administrative appeals board or the city council as a result of the abatement proceedings have not been satisfied in full within ninety days of issuance of a cost report by the city clerk for such abatement proceedings; then these obligations may constitute a lien against the real property on which the violation occurred.
b. The lien provided herein shall have no force and effect until recorded with the county recorder. Once recorded, the administrative order or abatement cost report shall have the force and effect and priority of a judgment lien governed by the provisions of Section 697.340 of the Code of Civil Procedure and may be extended as provided in Sections 683.110 and 683.220, inclusive, of the Code of Civil Procedure. c. Interest shall accrue on the principle amount of the judgment remaining unsatisfied pursuant to law.
d. Prior to recording any such lien, city staff shall prepare and file with the city clerk, a report stating the amounts due and owing.
e. The city clerk shall fix a time, date and place for hearing the cost report and any protests or objections thereto by the city council.
f. The fire chief or his/her designee shall cause the written notice to be served on the property owner not less than ten days prior to the time set for the hearing.
B. Public Hearing and Protests.
a. Any person whose real property is subject to a lien pursuant to this section may file a written protest with the city clerk and/or may protest orally with the city clerk and/or may protest orally at the city council meeting.
b. Each written protest or objection must contain a description of the property in which the protesting party is interested and the grounds for such protest or objection. c. The City Council, after the hearing, shall adopt a resolution confirming, discharging, or modifying the amount of the lien.
C. Recording of Lien. Thirty days following the adoption of a resolution or other determination imposing a lien, the city clerk shall file the same as a judgment lien in the office of the county recorder of San Mateo County, California. The lien may carry such additional administrative charges as set forth herein.
D. Satisfaction of Lien. Once payment in full is received by the city for outstanding penalties and costs the city shall either record a notice of satisfaction or provide the property owner or financial institution with the notice of satisfaction so they may record this notice with the office of the county recorder. Such notice of satisfaction shall cancel the city's lien.
E. Abatement Proceedings Costs—Collections. All costs associated with abatement proceedings or as a result of the administrative appeal process either before the administrative appeals board or the city council which are not satisfied through the procedures of the above sections shall be collected on behalf of the city by the city attorney using the appropriate legal remedies.
Part V—Criminal Enforcement
A. Alternative Actions Available.
a. Nothing in this section shall be deemed to prevent the administrative appeals board or the city council from ordering the commencement of alternative civil or criminal proceedings to abate or otherwise address a violation in conjunction with the proceedings set forth in this section.
B. Violation and Penalties.
a. Violation of this section shall constitute a misdemeanor; however, any city official with citation authority may prosecute such violations as infractions wherein each infraction may be punishable by a fine not exceeding one hundred dollars for a first violation, two hundred and fifty dollars for a second violation within one year and five hundred dollars for each additional violation within one year.
b. Every day that any such violation continues shall constitute a separate offense. c. Each violation shall be re-inspected until compliance with this section is completed. A cost of not less than one hundred dollars may be assessed for each inspection of the property beginning with the third inspection.
C. Criminal Enforcement Authority.
a. The City Council authorizes the fire department to issue citations (notice to appear) for any violation of:
i. This ordinance of the City of Daly City;
ii. The adopted and amended fire code(s), and/or any appendices or standards of such code(s).
b. This ordinance may be enforced by the sworn personnel of the Daly City Police Department.
c. The Daly City city manager may further designate any Daly City employee with the full or limited authority to issue criminal citations for any violations of this section. d. The Daly City city attorney's office is authorized to criminally prosecute and/or civilly enforce any violations of this section.
D. Liability for Damage. The expenses for fighting fires which result from a violation of this section shall be a charge against the person whose violation caused and/or contributed to the fire. Damages caused by such fires shall constitute a debt of such person and are collectable by the city in the same manner as in the case of an obligation under contract, expressed or implied.
EXHIBIT M - CHAPTER 15.33 - CALIFORNIA WILDLAND-URBAN INTERFACE CODE
Sections:
15.33.010 California Wildland-Urban Interface Code – Adoption – Where Filed
15.33.010 California Wildland-Urban Interface Code – Adoption – Where Filed The City of Daly City hereby adopts the California Wildland-Urban Interface Code, 2025 Edition [California Code of Regulations, Title 24, Part 7], as published by the International Code Council and adopted by the California Building Standards Commission and the Office of the State Fire Marshal, together with any amendments set forth in this chapter. One copy of said code is on file and available for public inspection in the Building Division. From the effective date of the ordinance codified in this chapter, the provisions of the California Wildland-Urban Interface Code, 2025 Edition, as amended, shall be controlling within the City of Daly City for all areas designated as Wildland-Urban Interface Fire Areas. This adoption is effective January 1, 2026, the effective date of the 2025 California Building Standards Code. Applications deemed complete before that date may proceed under the code in effect on the deemed-complete date.