Agenda packet — Foster City City Council, September 19, 2022 (part 2 of 3)

• Departments coordinating with ‘Return to Work Taskforce’ for site -specific modifications/adaptations (including spacing and health/sneeze guards) ; as well as visitor safety protocols
• Acquired donation of ~5,000 cloth face coverings through U.S. Conference of Mayors ‘Masks for Mayors Initiative’
• Sanitation station/supplies set up in various locations throughout City facilities • Acquiring COVID-19 at-home/self-test kits through County for public safety personnel

OBJECTIVE ACTION ITEMS STATUS

TO PROVIDE LONG -TERM STRATEGIC
PLANNING IN RESPONSE TO COVID -19

AND POTENTIAL IMPACTS TO CITY

OPERATIONS
Continue to monitor and work with the County to understand trajectory of COVID-19 and how it may impact City operations and needs of the community • Modeling data will be used a basis to prepare for contingencies where needed and to prepare for reopening of economy/transition to normal operations through phased approach
• Assigned representative to County’s Long-Term Strategic Planning Taskforce • Created ‘Return to Work Taskforce’ to develop policy/strategy for reopening City facilities; as well as policy/safety protocols for visitors & members of the public • Created ‘Parks Reopening Taskforce’ to develop policy/strategy for reopening park facilities
• Overview of San Mateo County Recovery Initiative presented to City Council on 10/05/20 and report accepted by Board of Supervisors on 10/06/20 Ongoing
Evaluate and consider additional actions that are recommended or may be required dependent on outcome/progression of COVID-19 situation; including (but not limited to):
• Extension of City Facilities Closure (TBD; Based on Public Health Order and Until Further Notice)
• Suspend or Freeze Shut -Offs/Disconnection of Water Service for Non -Payment (Currently in Effect)
• Waiver of Credit Card Fees for Online Payment of Utilities Through June 30, 2020 (Approved by City Council on 04/06/20)
• Explore Feasibility of Charging Tier 1 Rates for Water Service (No Longer Pursuing Due to Minor Cost Difference)
• Developed Small Businesses Resiliency Grant Program to support operations and help avert layoffs during the COVID-19 public health emergency. $500,000 (allocated for a grant of $10,000 per business for up to 50 businesses) approved by City Council on 04/06/20.
• Expanded Support Local Foster City Campaign to provide vouchers through the Support Local Stamp Me app, allowing customers to get take-out during the shelter in Ongoing
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place order. $25,000 (allocated for $10 vouchers to be offered to all Stamp Me users) approved by City Council on 04/06/20.
• Consider Options for Moratorium on Commercial Evictions (TBD; County covers unincorporated areas only)
• Freeze Hiring/New Recruitments and Filling of Vacant Positions (Currently in Effect) • Initiated Friendly Streets, Foster City Initiative, dedicating approximately a 1.75 mile stretch of road on northbound Beach Park Boulevard for bicyclists and runners. One lane will be barricaded off from cars to allow bicyclists and runners to safely use the designated detour. In parallel with the detour, this stretch of Levee Pedway is reserved for walking only. (Approved by City Council on 04/06/20) [DISCONTINUED] • Expanded Friendly Streets, Foster City Initiative to extend lane closure on Beach Park Boulevard from Teal Street to Gull Avenue ( Approved by City Council on 05/11/20) [DISCONTINUED]
• Allocated $20,000 total ($10,000 each) to the San Mateo -Foster City Elementary School District /Community Education Foundation for its Free Meal Program and Mobile Hotspot/Wi-Fi for Distance Learning (Approved by City Council on 05/11/20) • COVID-19 Recovery Planning Update provided at City Council Vision & Policy Summit (on 06/04/20)
• Outdoor Dining Temporarily Allowed for Restaurants Looking to Provide Outdoor Dining Service and Suspen ded Code Enforcement Actions ( Approved by City Council on 07/06/20)
• Prepared and distributed approximately (100) Rethink, Reopen, Restart Kits to storefront businesses in shopping centers to support reopening efforts • Outdoor Services T emporarily Allowed for Businesses (such as salons/barbers, personal care services, gyms/fitness centers, and offices) and Suspended Code Enforcement Actions (Approved by City Council on 07/31/20) • Terms of a Revolving Business Loan Program (Approved by City Council on 09/28/20); Establishment of RBLP (Approved by City Council on 11/02/20, then decision to defer thereafter on 03/15/21)
• Analysis of waiving or deferring permit fees and business license fees for one year to prioritize commercial spaces for waiving of permit fees (Direction initially provided by City Council on 11/02/20, then decision to not pursue further thereafter on 03/15/21) • Impossible Market pilot program, not to exceed $5,000, to introduce food & grocery subscription subsidy for 100 financially-impacted Foster City families approved by City Council on 11/02/20 [DISCONTINUED]
• Expanded Support Local Foster City Campaign to provide vouchers through the Support Local Stamp Me app, allowing customers to get take-out during the shelter in 180

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place order. Additional $25,000 (allocated for $10 vouchers to be offered to all Stamp Me users) approved by City Council on 11/16/20.
• Helped promote Restaurant, Brewery & Winery Relief, relief fund to help small business impacted by the pandemic – https://www.smcstrong.org/restaurantrelief • Partnered with the Chamber of Commerce to distribute two surveys – Business Needs and Shopper Preferences, which was open between 03/11/21 -03/11/21; findings received and accepted by City Council on 04/19/21
• Small Business Assistance Plan presented to City Council on 05/17/21 and on 06/21/21 Monitor revenue impacts , e xplore options for expenditure reductions , and seek financial assistance/opportunities for cost recovery of funds
• Track damage estimates and expenditures related to COVID-19 • Log personnel time on Form 214s in relation to COVID-19 incident response • Submit “Request for Public Assistance” through California Governor's Office of Emergency Services (Cal OES) Recovery Section for F ederal Emergency Management Agency’s (FEMA's) Public Assistance Program (Submitted on 04/02/20) • Seek approval of the “Designation of Applicant's Agent R esolution for Non -State Agencies” for the Purpose of Cost Recovery Eligibility (Approved by City Council on 04/06/20)
• Discussed City financial impacts related to COVID-19 (04/20/20 City Council Meeting) • Discussed p rojected financial impacts of COVID -19 bey ond the current fiscal year (05/11/20 Budget Study Session)
• Hired MGT Consulting for consultant services for COVID-19 CARES/FEMA Disaster Cost Recovery (08/24/20)
• Quarterly updates on City’s economic performance and impacts related to COVID-19, including s trategies to close long -term structural deficit (09/08/20 City Council Meeting)
Ongoing

181

DATE: September 19, 2022

TO: Mayor and Members of the City Council
President and Members of the Estero Municipal Improvement District (EMID) Board of Directors

VIA: Stefan Chatwin, City/District Manager

FROM: Benjamin Stock, City Attorney
Maria Saguisag-Sid, Human Resources Director

SUBJECT: CONFIRMATION OF MASTER INSURANCE AND

INDEMNITY REQUIREMENTS SCHEDULE PURSUANT TO
SECTION 1.04.120 OF THE FOSTER CITY MUNICIPAL CODE

RECOMMENDATION

It is recommended that the City Council of the City of Foster City/Estero Municipal Improvement District (“EMID”) Board of Directors review and confirm, by Minute Order, the Master Insurance and Indemnity Requirements Schedule (“Schedule”) pursuant to Section 1.04.120 of the Foster City Municipal Code that no changes are necessary to the Schedule at this time.

EXECUTIVE SUMMARY

Pursuant to Foster City Municipal Code section 1.04.120 and Resolution 2020-92, the Council/EMID Board of Directors is required to review the insurance and indemnity requirements set forth in the Schedule every two years and, if necessary, may adopt updates through a resolution. Staff is requesting that the City Council/EMID Board of Directors review the Schedule and confirm the indemnity and insurance requirements in the Schedule and confirm that no changes are necessary at this time. The City/District Attorney and Risk Manager have reviewed the Schedule with the City’s insurance carrier, Pooled Liability Assurance Network Joint Powers Authority (PLAN 182
JPA), and do not believe that any changes are necessary at this time.

BACKGROUND

At the City Council/EMID Board meeting on August 17, 2020, the Board of the Directors adopted EMID Ordinance No. 137 Amending the Insurance Requirement Provisions of Chapter 8.40.090 of the Estero Municipal Improvement District Code and Amending Title 9 of the Estero Municipal Improvement District Code to provide that use and regulation of public property shall be governed by the Foster City Municipal Code ("City Code").

On September 8, 2020, the City Council adopted Ordinance No. 632 amending the insurance and indemnity requirements contained in Chapters 1.04, 5.60, 6.04, 8.10,

10.49, 12.16, 12.20, and 12.40 of the City Code. The City also adopted Resolution No. 2020-92 establishing the Schedule. (Attachment 1). Collectively, these actions were taken to update and restructure the standard insurance and indemnity provisions related to the issuance of permits and other approvals made by the City and EMID.

Specifically, the City Code was amended to remove certain insurance and indemnity requirements and the Schedule was created to centralize all such requirements in a single location. This revised approach was intended to provide easier access to the insurance and indemnity requirements and provide regular opportunities for the Council to review and update the requirements.

ANALYSIS

The Schedule governs the insurance and indemnity requirements for certain specified activities. The following is a summary of the existing insurance amount requirements in the Schedule for specified activities:

Code Section Description Current Requirements

5.60.060 Car towing vendors
to be included on
the City’s Tow List
(vendors that will be
called when the
Police Department
needs to tow a
vehicle)
Garage Keeper
Policy/Garage Liability
Policy: $1,000,000 for
bodily injury or property
damage
183

6.04.115(H)(3)(b) Dangerous Animal
Permit
Bond or insurance in
amount of $1,000,000 per
animal or an amount
determined by Hearing
Officer

8.10.070(D) Cannabis Testing
Laboratories
License
Requirements
General liability:
$1,000,000 per
occurrence

Workers’ Compensation:
as required by law

10.49.080 Transportation
permit (vehicle
exceeds size/weight
limitation under
Vehicle Code)

General Liability:
$1,000,000 per
occurrence for bodily
injury, personal injury and
property damage
Auto Liability: $1,000,000
per accident for bodily
injury and property
damage

12.16.160

Park Rental Permit General Liability:
$1,000,000 per
occurrence for bodily
injury, personal injury and
property damage.

12.20.170 Building Rentals General Liability:
$1,000,000 per
occurrence for bodily
injury, personal injury and
property damage.

12.40.100 Encroachment
Permit
General Liability:
$1,000,000 per
occurrence for bodily
injury, personal injury and
property damage.
184

Auto Liability: $1,000,000
per accident

14.01.100 Insurance for Cable
providers
General Liability:
$2,000,000 per
occurrence for bodily
injury, personal injury and
property damage
Auto Liability:
$2,000,0000 per accident
for bodily injury and
property damage
Workers’ Compensation:
as required by law

17.60.090(B)(1)(e) Personal/Residential
Antennas
The antenna owner shall
provide proof of liability
insurance in the event
that the antenna falls and
damages persons on
property. Such insurance
shall be maintained as
long as the antenna is in
place.

EMID 8.40.090 Sewer Service
Permit/Connection
General Liability:
$2,000,000 per
occurrence for bodily
injury, personal injury and
property damage

In addition to the foregoing insurance amounts, the Schedule also provides specific language to be used for the indemnity requirements.

For general contracts for services, products, professional services and public projects, the City/EMID use various contract templates. The Schedule provides various insurance amounts depending on whether the risk is low, intermediate, high or other. The Contracting Standards contained in the Schedule is provided below.

185
Risk Category Workers’
Compensation
General Liability Auto
Liability
Low Risk
Examples:
 Facilities use
 Special
events
 Some
professional
service
providers
 General
contracts
Per Statute
Employer’s
Liability
$1,000,000
$2,000,000 per occurrence
(may accept $1,000,000 per
occurrence for lower risks)

$4,000,000 general aggregate

$1,000,000 products/completed
operations aggregate
$2,000,000
Combined
Single
Limit (may
accept
$1,000,000
for
lower risks)
Intermediate Risk
Examples:
 Construction
contracts
 Some
professional
service
providers
 Technology
consultants
 Facilities use
 Special
events
Per Statute
Employer’s
Liability
$1,000,000
$2,000,000+ per occurrence

$4,000,000+
general aggregate

$2,000,000+products/completed
operations aggregate
$2,000,000+
Combined
Single
Limit
High Risk
Examples:
 Major
construction
contracts
Per Statute
Employer’s
Liability
$1,000,000
$5,000,000+ per occurrence

$10,000,000+ general
aggregate

$5,000,000+products/completed
rations aggregate
$5,000,000+
Combined
Single
Limit
186
 Garbage
haulers
 Some
professional
service
providers
Other
Examples:
 The risk is
unique
 Custom
insurance
requirements
needed

Consult with
Risk
Management
Professionals
and City
Attorney

Consult with Risk Management
Professionals and City Attorney

Consult with
Risk
Management
Professionals
and City
Attorney

Deviations from the foregoing amounts can be made upon consultation with the City/District Attorney and Risk Manager. There may also be additional types of coverage that may be required, depending on the type of contract. For example, a consultant contracting with the City or EMID for professional services would have to obtain professional liability insurance coverage.

The City/EMID Risk Manager and Attorney have reviewed the insurance and indemnity requirements included in the Schedule and do not recommend any changes to the Schedule.

FISCAL IMPACT

There is no fiscal impact with the recommended action.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA

This item is in alignment with the "Staff Empowerment and Operational Excellence" Value/Priority Area in that it ensures the City stays protected in the event of loss or claims and that coverage level requirements do not become outdated.

187

Attachment:
 Attachment 1 – Resolution 2020-92 with Schedule
188
RESOLUTION NO. 2020-92
A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY

ESTABLISHING A MASTER INSURANCE AND INDEMNITY REQUIREMENTS SCHEDULE PURSUANT TO SECTION 1.04.120 OF THE FOSTER CITY MUNICIPAL CODE
C

ITY OF FOSTER CITY
W
HEREAS, through Ordinance Number 632 , the City Council added Section

1.04.120 to the Foster City Municipal Code, which requires the Council to establish and regularly review and update by resolution a Master Insurance and Indemnity Requirements Schedule;
W
HEREAS, through that same Ordinance, the City Council removed references to required insurance coverage amounts and replaced those amounts with references to the Master Insurance and Indemnity Requirements Schedule; W
HEREAS, the Board of Directors of the Estero Municipal Improvement District similarly amended the Estero Municipal Improvement District Code to remove references to specific coverage amounts required and replaced those amounts with references to the City’s Master Insurance and Indemnity Requirements Schedule; W
HEREAS, City staff has worked with representatives from PLAN JPA, the insurance pool of which the City is a member, to ensure that the attached proposed Master Insurance and Indemnity Requirements Schedule contains amounts and provisions recommended by PLAN JPA to adequately cover risk associated with the activities for which the City requires insurance coverage; W
HEREAS, the City’s Risk Manager has reviewed and approved of the attached proposed Master Insurance and Indemnity Requirements Schedule; and W
HEREAS, to ensure that coverage types and amounts remain sufficient in the future, the Council wishes to review the Master Insurance and Indemnity Requirements Schedule bi-annually and update it by resolution, as needed.

N
OW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby adopts the attached Master Insurance and Indemnity Requirements Schedule to govern the required insurance and indemnity terms for the activities outlined within the schedule. The City Clerk shall bi-annually (meaning every two years) agendize review by the Council of the Master Insurance and Indemnity Requirements Schedule, for possible amendment.

DocuSign Envelope ID: 48D692DD-4543-43F9-968D-C3BECD7C00C5 Attachment 1
189
City Resolution No. 2020-92
PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 8th day of September, 2020, by the following vote:

AYES: Councilmembers Awasthi, Froomin, Gehani, Hindi, and Mayor Mahanpour NOES: None

ABSENT: None

ABSTAIN: None

____________________________________

CATHERINE MAHANPOUR, MAYOR

ATTEST:

___________________________________

PRISCILLA SCHAUS, CITY CLERK

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City Resolution No. 2020-92
1 CITY OF FOSTER CITY

MASTER INSURANCE AND INDEMNITY REQUIREMENTS SCHEDULE
Adopted September 8, 2020
This Master Insurance and Indemnity Requirements Schedule governs the insurance and indemnity terms required for City approvals associated with the following activities, trades, work, or conditions (collectively “Activities”) as required by the Foster City Municipal Code. This schedule is not intended to be exhaustive, and insurance and indemnity conditions may be required for City approvals of Activities not included on this Schedule.

Requirements
Code Section Type/Description Insurance Requirements Indemnity and/or Bonding Requirements

5.60.060 Car towing vendors
to be included on
the City’s Tow List
(vendors that will be
called when the
Police Department
needs to tow a
vehicle)
All tow car services on the towing list shall maintain
with the chief of police evidence of the following
insurance:

A. Garage Keeper’s Policy. A garage keeper’s legal
liability policy covering fire, theft, windstorm, vandalism and explosion in the amount of not less than one
hundred thousand dollars with each vehicle suffering
damage being deemed a separate claim;

B. Garage Liability Policy. A garage liability policy
covering the operation of the business, equipment and
vehicles of the tow car service for any bodily injury or property damage in the minimum amount of one-million
dollars ($1,000,000) per occurrence.

Each policy required herein shall be endorsed to
provide thirty days’ notice to the city of cancellation or change in coverage.

Vendor shall indemnify, defend, and hold harmless the
City, its officers, employees, agents and volunteers (“City indemnitees”), from and against any and all causes of
action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsel’s fees and
costs of litigation (“claims”), arising out of the Vendor’s performance of its obligations under this agreement or out of the operations conducted by Vendor, except for such
loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Vendor’s performance of this
agreement, the Vendor shall provide a defense to the City indemnitees, or at the City’s option, reimburse the City indemnitees their costs of defense, including reasonable legal counsel’s fees, incurred in defense of such claims.

The duty of Vendor to indemnify and save harmless, as set forth herein, shall include the duty to defend as set forth in Section 2778 of the California Civil Code. Vendor’s
responsibility for such defense and indemnity obligations shall survive the termination or completion of the permitted use for the full period of time allowed by law.

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City Resolution No. 2020-92
2 The defense and indemnification obligations described hereunder are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained herein.

6.04.115(H)(3)(b) Dangerous Animal
Permit (potential
insurance condition
to be placed on a
dangerous animal
permit, subject to
hearing officer
determination)
b. The owner of a dangerous animal, as defined in
Foster City Municipal Code Section 6.04.010, must
prove financial responsibility by posting a bond or
certificate of insurance for an amount of one million
dollars per animal or an amount determined by the
hearing officer,

N/A

8.10.070(D) Cannabis Testing
Laboratories
License
Requirements
D. Insurance Requirements and Indemnity. The
licensee shall maintain comprehensive general
liability insurance in the minimum amount of one-
million dollars ($1,000,000) per occurrence. The city
of Foster City, its elected and appointed officials,
employees, volunteers, and agents shall be named
as additional insured on all city-required policies.

Licensee shall maintain workers’ compensation
insurance as required by California law.

To the extent permitted by law, the licensee shall
indemnify, defend, and hold harmless the city, its city council, its officers, attorneys, employees, volunteers, and agents (“the indemnified parties”) from and against any claim, action or proceeding brought by a third party against the indemnified parties to attack, set aside or void any approval authorized hereby for the testing laboratory
activity, including, without limitation, reimbursing the city for its actual attorney fees and costs incurred in defense of the action. The city may, in its sole discretion, elect to defend any such action with attorneys of its own choice

10.49.080 Transportation
permit to operate on
the City’s streets a
vehicle that exceeds
the size limitations
of the Foster City
Municipal Code or
California Vehicle
Code
Applicant shall procure and maintain for the duration
of the permit the following insurances: general
liability in the amount of one million dollars
combined single limit per occurrence for bodily
injury, personal injury, and property damage;
automobile liability in the amount of one million
dollars combined single limit per accident for bodily
injury and property damage.

The policies are to contain or be endorsed to
contain provisions ensuring that the city of Foster
City, its elected and appointed officials, employees,
volunteers, and agents are named as additional
insured. shall be named as additional insured on all
city-required policies.
*Note: See Foster City Municipal Code 10.49.080 for
security deposit and bonding requirements.

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City Resolution No. 2020-92
3 12.16.160 Park Rental Permit The person or organization obtaining a permit for use of field(s) or other City facilities (“Renter”) shall procure and maintain for the duration of the rental
period insurance against claims for injuries to
persons or damages to property which may arise
from or in connection with the rental of the facilities and the activities of the renter, his/her/its guests,
agents, representatives, employees, or
subcontractors. No less than ten (10) days prior to
the use of the field(s) or facilities, the renter shall provide the City insurance certificate(s) and
endorsements evidencing the following:

1. Minimum Scope and Limits of Insurance

Renter shall maintain general liability insurance with
coverage at least as broad as Insurance Services
Office form CG 00 01, in an amount not less than
one million dollars ($1,000,000) per occurrence for
bodily injury, personal injury, and property damage.

Renter’s general liability policies shall be primary
and shall not seek contribution from the City’s
coverage, and be endorsed using Insurance
Services Office form CG 20 10 to provide that City
and its officers, officials, employees, volunteers, and agents shall be additional insureds under such
policies.

If the contractor maintains higher limits than the
minimums shown above, those higher limits are
made an obligation of the permit issued. Any
available insurance proceeds in excess of the
specified minimum limits of insurance and coverage
shall be available on any claim arising or related to
the permitted use of the field(s) or facilities.

2. Required Endorsements
a. Additional Insured Status
Please indicate on the endorsement:

Renter shall indemnify, defend, and hold harmless the City, its officers, employees, agents and volunteers (“City
indemnitees”), from and against any and all causes of
action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsel’s fees and
costs of litigation (“claims”), arising out of the Renter’s performance of its obligations under this agreement or out of the operations conducted by Renter, except for such loss or damage arising from the sole negligence or willful
misconduct of the City. In the event the City indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Renter’s performance of this
agreement, the Renter shall provide a defense to the City indemnitees, or at the City’s option, reimburse the City indemnitees their costs of defense, including reasonable legal counsel’s fees, incurred in defense of such claims.

The duty of Renter to indemnify and save harmless, as set forth herein, shall include the duty to defend as set forth in Section 2778 of the California Civil Code. Renter’s
responsibility for such defense and indemnity obligations shall survive the termination or completion of the permitted use for the full period of time allowed by law.

The defense and indemnification obligations described
hereunder are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained herein.

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City Resolution No. 2020-92
4 The City of Foster City, its elected and appointed
officials, employees, volunteers, and agents are
named as additional insured.
b. Notice of Cancellation
Each insurance policy required above shall provide
that coverage shall not be canceled, except with 30-
days-notice to the Entity.
c. Waiver of Subrogation
The named insurer agrees to waive all rights of
subrogation against the City of Foster City, its
elected or appointed officers, officials, agents,
volunteers, and employees for losses paid under the
terms of this policy which arise from or occur during
activities conducted pursuant to permit issued by
the City of Foster City.

3. Acceptability of Insurers
Insurance is to be placed with insurers with a
current A.M. Best’s rating of no less than A- VII.

Failure to comply with these insurance requirements
and to provide evidence of the required coverages
and policy endorsements timely shall result in
revocation of the permit.

12.20.170 Building/Room
Rental Permit
The person or organization obtaining a permit for
use of room(s) or a City building (“Renter”) shall
procure and maintain for the duration of the rental
period insurance against claims for injuries to
persons or damages to property which may arise
from or in connection with the rental of the facilities and the activities of the renter, his/her/its guests,
agents, representatives, employees, or
subcontractors. No less than ten (10) days prior to
the use of the field(s) or facilities, the renter shall Renter shall indemnify, defend, and hold harmless the City, its officers, employees, agents and volunteers (“City
indemnitees”), from and against any and all causes of
action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsel’s fees and
costs of litigation (“claims”), arising out of the Renter’s performance of its obligations under this agreement or out of the operations conducted by Renter, except for such loss or damage arising from the sole negligence or willful
misconduct of the City. In the event the City indemnitees are made a party to any action, lawsuit, or other adversarial DocuSign Envelope ID: 48D692DD-4543-43F9-968D-C3BECD7C00C5 194
City Resolution No. 2020-92
5 provide the City insurance certificate(s) and
endorsements evidencing the following:

1. Minimum Scope and Limits of Insurance
Renter shall maintain general liability insurance with
coverage at least as broad as Insurance Services
Office form CG 00 01, in an amount not less than
one million dollars ($1,000,000) per occurrence for
bodily injury, personal injury, and property damage.

Renter’s general liability policies shall be primary
and shall not seek contribution from the City’s
coverage, and be endorsed using Insurance
Services Office form CG 20 10 to provide that City
and its officers, officials, employees, volunteers and
agents shall be additional insureds under such
policies.

2. Required Endorsements
a. Additional Insured Status
Please indicate on the endorsement:

The defense and indemnification obligations described
hereunder are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained herein.

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City Resolution No. 2020-92
6 terms of this policy which arise from or occur during activities conducted pursuant to permit issued by
the City of Foster City.

3. Acceptability of Insurers
Insurance is to be placed with insurers with a
current A.M. Best’s rating of no less than A- VII.

Failure to comply with these insurance requirements
and to provide evidence of the required coverages
and policy endorsements timely shall result in
revocation of the permit.

4. Discretion of Director of Parks and
Recreation
At the discretion of the Director of Parks and
Recreation a single limit policy of one million dollars on account of any one occurrence may be supplied
as an alternative. Renter shall still supply all
required endorsements.

12.40.100 Encroachment
Permit

Contractor’s general liability policies and automobile
policies shall be primary and shall not seek
contribution from the City’s coverage, and be
endorsed using Insurance Services Office form CG
20 10 to provide that City and its officers, officials, employees, volunteers and agents shall be
additional insureds under such policies.

If the contractor maintains higher limits than the
minimums shown above, those higher limits are
made an obligation of the permit issued. Any
available insurance proceeds in excess of the

Permittee shall indemnify, defend, and hold harmless the City, its officers, employees, agents and volunteers (“City indemnitees”), from and against any and all causes of
action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsel’s fees and
costs of litigation (“claims”), arising out of the Permittee’s performance of its obligations under this agreement or out of the operations conducted by Permittee, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Permittee’s performance of this agreement, the Permittee shall provide a defense to the City indemnitees, or at the City’s option, reimburse the City indemnitees their costs of defense, including reasonable legal counsel’s fees, incurred in defense of such claims.

The duty of Permittee to indemnify and save harmless, as set forth herein, shall include the duty to defend as set forth DocuSign Envelope ID: 48D692DD-4543-43F9-968D-C3BECD7C00C5 196
City Resolution No. 2020-92
7 specified minimum limits of insurance and coverage
shall be available on any claim arising or related to
the permitted use of the field(s) or facilities.

2. Required Endorsements
a. Additional Insured Status
Please indicate on the endorsement:

3. Acceptability of Insurers
Insurance is to be placed with insurers with a
current A.M. Best’s rating of no less than A- VII.

Failure to comply with these insurance requirements
and to provide evidence of the required coverages
and policy endorsements timely shall result in
revocation of the permit.

in Section 2778 of the California Civil Code. Permittee’s responsibility for such defense and indemnity obligations shall survive the termination or completion of the permitted use for the full period of time allowed by law.

The defense and indemnification obligations described
hereunder are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained herein.

(Bonding Requirements – 12.40.110-120)
A. The application for an encroachment permit to perform work under this chapter shall be accompanied by a cash
deposit or performance bond deposited with the city
treasurer in an amount determined by the city engineer.

B. The cash deposit or performance bond may be
released six months after the city engineer has made a
final inspection and determined that all work has been done in compliance with specifications and/or pursuant to the requirements of this chapter.

Where excavations are made by public utility companies
operating under a franchise issued by the city or under the supervision of the Public Utilities Commission or utilities operated by governmental agencies, a permit may be
granted without making such deposit. In such cases, the utilities shall be liable for the actual cost of any work required to be done by the city engineer in restoring the area covered by such excavations to as good condition as the same was in before such work was done; further
provided, however, that the city engineer may, in the future, require such deposit from any such utility if a bill rendered in accordance with this section remains unpaid thirty days after date of billing.

14.01.1001 Insurance for Cable
providers/franchises
A franchisee shall maintain, and, by its acceptance
of the local franchise, specifically agrees that it will A franchisee shall indemnify, defend and hold harmless the city, its officers, employees, elected and appointed officials,

1 The insurance and indemnity requirements applicable to franchisees are fully proscribed in Section 14.01.100 of the Foster Ci ty Municipal Code and are recited here for reference only.

DocuSign Envelope ID: 48D692DD-4543-43F9-968D-C3BECD7C00C5 197
City Resolution No. 2020-92
8 maintain, throughout the entire length of the local
franchise period, the following liability insurance
coverage insuring the city and the franchisee:
workers’ compensation insurance to meet all state
requirements and general comprehensive liability
insurance with respect to the construction, operation
and maintenance of the cable system, including the
operation of motor vehicles, in the minimum
amounts of:

1. General liability: two million dollars per
occurrence for bodily personal injury and
property damage. If commercial general liability
insurance or other form with a general
aggregate limit is used, either the general
aggregate limit shall apply separately to a
franchise or the general aggregate limit shall
be twice the required occurrence limit;

2. Automobile liability: two million dollars per
accident for bodily injury and property damage;

3. Workers’ compensation insurance as
required by the state of California and
employer’s liability insurance.

All insurance policies shall be with sureties qualified to do business in the state of California, and in a
form approved by the city attorney. The city may
require coverage and amounts in excess of the
above minimums where necessary in view of the
franchisee’s greater exposure to liability
volunteers and agents from and against any liability,
claims, actions, judgments, settlements or losses that in any way arise out of the franchisee’s construction,
operation, maintenance or removal of the cable system or the franchisee’s provision of cable service, including, but not limited to, reasonable attorneys’ fees and costs.

The indemnification of the city by the franchisee shall apply to all damages and claims for damages of any kind
suffered by reason of any of the franchisee’s operations referred to in a franchise, regardless of whether or not insurance policies have been determined to be applicable to any such damages or claims for damages.

The city does not, and shall not, waive any rights against the franchisee which it may have by reason of the
indemnification provided for in a local franchise, because of the acceptance by the city, or the deposit with the city by the franchisee, of any of the insurance policies described in a local franchise.

In order for the city to assert its rights to be indemnified, defended and held harmless, the city must, with respect to each claim:

1. Promptly notify the franchisee in writing of any
claim or legal proceeding which gives rise to such
right;

2. Afford the franchisee the opportunity to participate in and fully control any compromise, settlement or
other resolution or disposition of any claim or
proceeding; and

3. Fully cooperate with reasonable requests of the
franchisee, at the franchisee’s expense, in its
participation in, and control, compromise, settlement
or resolution or other disposition of such claim or
proceeding subject to subsection (F)(2) of this section.

DocuSign Envelope ID: 48D692DD-4543-43F9-968D-C3BECD7C00C5 198
City Resolution No. 2020-92
9 17.60.090(B)(1)(e) Personal/Amateur
(HAM) antenna use
permit in residential
districts
The antenna owner shall provide proof of liability
insurance in the event that the antenna falls and
damages persons or property. Such insurance shall
be maintained as long as the antenna is in place.

N/A

EMID 8.40.090 Sewer Service
Permit/Connections

1. Minimum Scope and Limits of Insurance
Contractor shall maintain general liability insurance
with coverage at least as broad as Insurance
Services Office form CG 00 01, in an amount not
less than two million dollars ($2,000,000) per
occurrence for bodily injury, personal injury, and
property damage. Contractor’s general liability
policies shall be primary and shall not seek
contribution from the City’s coverage and be
endorsed using Insurance Services Office form CG
20 10 to provide that City and its officers, officials, employees, volunteers, and agents shall be
additional insureds under such policies.

2. Required Endorsements
a. Additional Insured Status
Please indicate on the endorsement:

The City of Foster City, its elected and appointed
officials, employees, volunteers, and agents are
named as additional insured.
b. Notice of Cancellation
Each insurance policy required above shall provide
that coverage shall not be canceled, except with 30-
days-notice to the Entity.
c. Waiver of Subrogation
The named insurer agrees to waive all rights of
subrogation against the City of Foster City, its
elected or appointed officers, officials, agents,
Owner and Contractor shall indemnify, defend, and hold
harmless the City, its officers, employees, agents and
volunteers (“City indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal
counsel’s fees and costs of litigation (“claims”), arising during or out of the work performed by Owner or Contractor related to the project for which the permit was issued, except for such loss or damage arising from the sole
negligence or willful misconduct of the City. In the event the City indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Owner and
Contractor’s performance of work, the Owner and
Contractor shall provide a defense to the City indemnitees, or at the City’s option, reimburse the City indemnitees their costs of defense, including reasonable legal counsel’s fees, incurred in defense of such claims.

The duty of Owner and Contractor to indemnify and save
harmless, as set forth herein, shall include the duty to defend as set forth in Section 2778 of the California Civil Code. Owner and Contractor’s responsibility for such
defense and indemnity obligations shall survive the
termination or completion of the work for the full period of time allowed by law.

The defense and indemnification obligations described
hereunder are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained herein.

DocuSign Envelope ID: 48D692DD-4543-43F9-968D-C3BECD7C00C5 199
City Resolution No. 2020-92
10 volunteers, and employees for losses paid under the
terms of this policy which arise from or occur during
activities conducted pursuant to permit issued by
the City of Foster City.

3. Acceptability of Insurers
Insurance is to be placed with insurers with a
current A.M. Best’s rating of no less than A- VII.

Failure to comply with these insurance requirements
and to provide evidence of the required coverages
and policy endorsements timely shall result in
revocation of the permit
.

4. The district and its officers, agents and employees shall not be responsible for any injury or death to any person or damage to any property arising during or
growing out of the performance of any work by any
applicant. The applicant shall be solely responsible for and shall save the district and its officers, agents and employees harmless from any and all costs, expenses,
fees and interest incurred in connection with this
provision. The applicant shall be solely liable for any defects in the performance of his work or any failure
which may develop therein.

Contracting Standards

Pursuant to the City’s Purchasing Ordinance (Chapter 3.04 of the Foster City Municipal Code) and the City’s Purchasing Policy, either the City Council, City Manager, or City Manager’s designee shall approval insurance and indemnity provisions to be included in agreements for service, products, professional services, and public projects. In reviewing and approving those agreements, the Council, City Manager, or designee shall be guided by following insurance standards.

The City maintains template agreements to be used when contracting for goods, services, and projects on behalf of the City and those templates shall reflect the recommended insurance(s) below. The City Attorney and Risk Manager should be consulted prior to deviating from the standards below:

DocuSign Envelope ID: 48D692DD-4543-43F9-968D-C3BECD7C00C5 200
City Resolution No. 2020-92
11 Risk Category Workers’ Compensation General Liability Auto Liability Low Risk
Examples:
• Facilities use
• Special events
• Some professional service providers
• General contracts
Per Statute

Employer’s Liability
$1,000,000

• $2,000,000 per occurrence
(may accept $1,000,000 per
occurrence for lower risks)
• $4,000,000 general aggregate
• $1,000,000 products/completed
operations aggregate
$2,000,000 Combined Single
Limit (may accept $1,000,000 for
lower risks)
Intermediate Risk
Examples:
• Construction contracts
• Some professional service
providers
• Technology consultants
• Facilities use
• Special events
Per Statute

Employer’s Liability
$1,000,000

• $2,000,000+ per occurrence
• $4,000,000+
general aggregate
• $2,000,000+
products/completed operations
aggregate
$2,000,000+ Combined Single
Limit
High Risk
Examples:
• Major construction contracts
• Garbage haulers
• Some professional service
providers
Per Statute

Employer’s Liability
$1,000,000

• $5,000,000+ per occurrence
• $10,000,000+ general
aggregate
• $5,000,000+
products/completed operations
aggregate
$5,000,000+ Combined Single
Limit
Other
Examples:
• The risk is unique
• Custom insurance requirements
needed
Consult with
Risk Management
Professionals and City
Attorney

Consult with
Risk Management Professionals
and City Attorney

Consult with
Risk Management Professionals
and City Attorney
DocuSign Envelope ID: 48D692DD-4543-43F9-968D-C3BECD7C00C5 201
City Resolution No. 2020-92

Additional types of coverage to be required:

Contract Activity Involved

Professional
Liability

Pollution
Liability

Builders
Risk

Cyber
Liability

Installation
Floater

Construction or Remodeling Projects - Construction or
remodeling projects X X X
Hazardous or Waste Materials - Removal of asbestos or
lead-based paint; or the use, application, transport,
removal, cleanup, or disposal of hazardous material in
quantities of 100 gallons or more; or the dis posal,
treatment, transport, or storage of waste.

Installation of Equipment X
Professional Service Provider - Services from an
accountant, architect, attorney, claims administration firm, consultant, insurance broker, engineer, financial advisor, medical professional, or other person who maintains a
professional license.

Technology Vendor X X

DocuSign Envelope ID: 48D692DD-4543-43F9-968D-C3BECD7C00C5 202

DATE: September 19, 2022

TO: Mayor and Members of the City Council
President and Members of the Estero Municipal Improvement District (EMID) Board of Directors

VIA: Stefan Chatwin, City/District Manager

FROM: Edmund Suen, Finance Director

SUBJECT: FOSTER CITY FOUNDATION FUND ANNUAL REPORT OF
FINANCIAL ACTIVITIES FOR FISCAL YEAR 2021-2022

RECOMMENDATION

It is recommended the City Council/EMID Board (City Council), by Minute Order, receive and accept the Foster City Foundation Fund's annual report of financial activities for Fiscal Year 2021-2022.

EXECUTIVE SUMMARY AND ANALYSIS

From time to time, the City/District receives donations/sponsorships from individuals or organizations. Such monies are held in the Foster City Foundation Fund. As stipulated in the City’s Donation Policy, the Finance Department shall issue an annual report summarizing the financial activities of the Foster City Foundation Fund. As a result, the financial activities of the Foster City Foundation Fund for Fiscal Year 2021-2022 is provided in Attachment 1 and summarized below.

Total Receipts: $59,776.01
Total Disbursements, including credit card fees: $23,326.18

203

FISCAL IMPACT

There is no fiscal impact on the City Council's receipt and acceptance of this report.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA

This item is in alignment with the City Council's Vision Statement for full transparency under the "City Council Operations and Improved Community Engagement" Value/Priority Area.

Attachment:
 Attachment 1 - Summary of Foster City Foundation Fund (as of June 30, 2022)
204
ATTACHMENT 1

SUMMARY OF FOSTER CITY FOUNDATION FUND
FY 2021-22 FINANCIAL ACTIVITIES
Credit Card
Fiscal Year Department Donation Designation Revenues Expense Fees Balance 21/22 Park & Rec Arts and Culture 666.45 (666.45) 21/22 Park & Rec Bench 21,000.00 4,974.09 16,025.91 21/22 Park & Rec Building Maintenance 716.39 (716.39) 21/22 Park & Rec Community Events -
21/22 Park & Rec Concert 23,650.00 8,180.27 91.67 15,378.06 21/22 Park & Rec Family Overnighter 350.00 10.86 339.14 21/22 Park & Rec FC Teen Center 3,288.55 1,323.69 1,964.86 21/22 Park & Rec 4th of July 6,850.00 2,171.52 4,678.48 21/22 Park & Rec Halloween Festival 2,700.00 1,378.68 10.86 1,310.46 21/22 Park & Rec Holiday Tree Lighting 350.00 350.00 21/22 Park & Rec Neighbor Nights 67.46 67.46 21/22 Park & Rec Parks Maintenance 2,140.14 (2,140.14) 21/22 Park & Rec Pickleball Court -
21/22 Park & Rec Senior Program -
21/22 Park & Rec Synthetic Turf -
21/22 Park & Rec Table Tennis Equipment -
21/22 Park & Rec Tennis Court -
21/22 Park & Rec Veterans Honor Walls 1,000.00 321.81 678.19 Total Park & Rec 59,256.01 21,873.04 113.39 37,269.58 -
21/22 Police Citizen's Police Academy -
21/22 Police Youth Outreach/GREAT -
21/22 Police Explorer 562.50 (562.50)
21/22 Police PD-Unrestricted 520.00 520.00 21/22 Police FC Adopt-A-Unit -
Total Police 520.00 562.50 - (42.50) 21/22 HR Employee Appreciation Event - 777.25 (777.25) Total Employee Appreciation - 777.25 - (777.25) Total FY 21/22 59,776.01 23,212.79 113.39 36,449.83 205
ATTACHMENT 1

SUMMARY OF FOSTER CITY FOUNDATION FUND
CUMULATIVE FINANCIAL ACTIVITIES AS OF JUNE 30, 2022
Credit Card
Fiscal Year Department Donation Designation Revenues Expense Fees Balance As of 06/30/22 Park & Rec Arts and Culture 21,697.66 17,211.68 - 4,485.98 As of 06/30/22 Park & Rec Bench 159,276.64 58,909.91 945.00 99,421.73 As of 06/30/22 Park & Rec Bike Ride 250.00 - - 250.00 As of 06/30/22 Park & Rec Building Maintenance 10,775.36 6,268.53 128.26 4,378.57 As of 06/30/22 Park & Rec Ceramics 695.00 - - 695.00 As of 06/30/22 Park & Rec Community Events 500.00 - - 500.00 As of 06/30/22 Park & Rec Concert 217,004.03 170,816.80 1,685.55 44,501.68 As of 06/30/22 Park & Rec Dog Park 4,171.00 4,000.00 - 171.00 As of 06/30/22 Park & Rec East Third Ave 179,765.49 179,765.49 - - As of 06/30/22 Park & Rec Family Overnighter 350.00 - 10.86 339.14 As of 06/30/22 Park & Rec FC Teen Center 157,776.26 44,567.36 59.49 113,149.41 As of 06/30/22 Park & Rec 4th of July 86,930.11 21,171.52 930.72 64,827.87 As of 06/30/22 Park & Rec Halloween Festival 11,973.00 5,360.89 40.86 6,571.25 As of 06/30/22 Park & Rec Holiday Tree Lighting 831.48 224.70 - 606.78 As of 06/30/22 Park & Rec Neighbor Nights 2,077.46 - 30.00 2,047.46 As of 06/30/22 Park & Rec Parks Maintenance 87,143.00 81,851.50 - 5,291.50 As of 06/30/22 Park & Rec Pickleball Court 530.00 - - 530.00 As of 06/30/22 Park & Rec Senior Bus Program 32,500.00 30,000.00 - 2,500.00 As of 06/30/22 Park & Rec Senior Express Bus Replacement 8,000.00 - - 8,000.00 As of 06/30/22 Park & Rec Senior Program 8,716.00 4,706.71 0.60 4,008.69 As of 06/30/22 Park & Rec Shade Structure @ Shorebird Park 30,000.00 30,000.00 - - As of 06/30/22 Park & Rec Synthetic Turf 908,805.05 908,805.05 - (0.00) As of 06/30/22 Park & Rec Table Tennis Equipment 2,650.00 2,550.00 - 100.00 As of 06/30/22 Park & Rec Tennis Court 47,482.29 26,432.29 - 21,050.00 As of 06/30/22 Park & Rec Veteran Honor Walls 50,922.76 48,246.52 388.50 2,287.74 Total Park & Rec 2,030,822.59 1,640,888.95 4,219.84 385,713.80 As of 06/30/22 Police Citizen's Police Academy 300.00 300.00 - - As of 06/30/22 Police Youth Outreach/GREAT 7,690.94 5,371.62 - 2,319.32 As of 06/30/22 Police Explorer 14,000.00 4,016.83 - 9,983.17 As of 06/30/22 Police PD-Unrestricted 93,106.34 77,122.09 - 15,984.25 As of 06/30/22 Police FC Adopt-A-Unit 500.00 500.00 - - Total Police 115,597.28 87,310.54 - 28,286.74 As of 06/30/22 Fire Non-CERT 2,600.73 - - 2,600.73 Total Fire 2,600.73 - - 2,600.73 As of 06/30/22 PW PW-Unrestricted 2,250.00 1,000.00 - 1,250.00 Total PW 2,250.00 1,000.00 - 1,250.00 As of 06/30/22 FCTV FCTV Programs 400.00 - - 400.00 Total FCTV 400.00 - - 400.00 As of 06/30/22 HR Employee Appreciation Event 7,502.50 7,502.50 - - Total Employee Appreciation 7,502.50 7,502.50 - - Grand Total as of 06/30/2022 2,159,173.10 1,736,701.99 4,219.84 418,251.27 206

DATE: September 19, 2022

TO: Mayor and Members of the City Council

VIA: Stefan Chatwin, City Manager

FROM: Derek Schweigart, Parks and Recreation Director
Louis Sun, Public Works Director

SUBJECT: APPOINTMENT OF ONE CITY COUNCIL MEMBER AND ONE

ALTERNATE TO THE RECREATION CENTER REPLACEMENT

PROJECT CONSULTANT EVALUATION TASK FORCE

RECOMMENDATION

It is recommended that the City Council, by Minute Order, appoint one City Council member and one alternate to serve on the Recreation Center Replacement Project Consultant Evaluation Task Force.

EXECUTIVE SUMMARY

At the City Council meeting on August 1, 2022, the City Council approved moving forward with a Request for Proposal (RFP) for professional design, bidding, and construction support services for the Recreation Center Replacement Project. As part of the consultant selection process, an Evaluation Task Force is being formed to help interview the top scoring firms.

The composition of the Task Force is intended to include one (1) member from the City Council Facilities and Infrastructure Subommittee or a member from the body at large. Staff is requesting the City Council appoint one City Councilmember and one alternate to serve on this Task Force.

207

BACKGROUND / ANALYSIS

At the regular City Council meeting on August 1, 2022, the City Council adopted a resolution approving and authorizing staff to issue a Request for Proposal (RFP) for professional design, bidding, and construction support services for the Recreation Center Replacement Project (CIP 301-678). The RFP was published on August 3, 2022. A mandatory pre-proposal meeting was held on August 16, 2022, and there were 25 firms that attended the meeting. The deadline for proposals is September 9, 2022.

As part of the RFP review process, staff will review the submitted proposals per a qualification-based selection process which evaluates a firm’s experience and qualification on similar projects, the experience of the key personnel assigned to the project, the quality and completeness of the proposal, as well as the firm’s references. The top scoring firms will be invited to interview with an Evaluation Task Force composed of one (1) member from the City Council Facilities and Infrastructure Committee or a member from the body at large, one (1) member from the Parks and Recreation Committee, one (1) member from the Parks and Recreation Department, and one (1) member from the Public Works Department. The Evaluation Task Force will deliberate and select the final firm. City staff will negotiate with the selected firm on the final scope and fee amount to recommend to the City Council for approval.

Review of proposals is expected during the month of September with top scoring firms invited to interview with the Evaluation Task Force in early to mid-October. Once a firm is selected and an agreement is negotiated, staff expect to bring a contract for City Council to award at the regular Council meeting on November 21, 2022.

FISCAL IMPACT

There is no fiscal impact associated with this item.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA

This item directly aligns with the City Council’s “Facilities and Infrastructure” Value/Priority Area which prioritizes maintaining, “a standard of excellence with regards to infrastructure, including… City facilities to preserve and enhance quality of life for future generations.”
208

DATE: September 19, 2022

TO: Mayor and Members of the City Council

VIA: Stefan Chatwin, City Manager

FROM: Louis Sun, Public Works Director
Paul Nagengast, Project Advisor, Regional Government
Services

SUBJECT: LEVEE IMPROVEMENTS PROJECT (CIP 327-657) - AUGUST 2022 - GENERAL UPDATE

RECOMMENDATION

It is recommended that the City Council, by Minute Order, consider and accept this progress update on the Levee Improvements Project (Project). No further action is required by the City Council.

EXECUTIVE SUMMARY

Staff will provide a verbal update of the latest Project activities at the City Council meeting. This report provides an update of Project progress and budget impacts with current expenditures detailed in an attached work sheet.

Highlights of Project progress and pictures, since the last City Council update on August 15, 2022, are included in the attached Construction Managers Report and listed below:
 Staff met with a City of Belmont Homeowners Association (HOA) adjacent to the Project on July 20, 2022, regarding the regulatory agencies' mitigation requirement to provide full tidal action into O’Neill Slough. The City has directed the contractor to leave the cut 209
off walls in the slough to prevent full tidal action until the City of Belmont or BCDC advises Foster City to remove the walls.  The Baffin Street Bridge is open for pedestrian and bicycle traffic and the Contractor has closed the Egress bridge location. The contractor has completed placing the Egress bridge. The Contractor will be restoring the egress bridge area in preparation for aggregate base and asphalt cement paving.
 Preliminary landscaping and irrigation work, including investigation of irrigation lines owned by adjacent property owners and HOA’s are near completion in order to prepare for the installation of landscaping in Phase I. Much of the Contractor’s operations are focused on Phase I of the Project to complete work prior to regulatory agency annual required stop work date of February 1, 2023.
 Work continues within Phase II, along Beach Park Boulevard.

Completed and upcoming work along Beach Park Boulevard as part of Phase II includes, but is not limited to, trail slope fine grading, placement of erosion control fabric and mulch, ice plant planting, construction of bay side paths and access points, construction of earthen levee near and adjacent to Shorebird Park, installation of streetlight foundations, irrigation and landscaping. The installation of the streetlights is nearly complete. The lights will be energized after the electrical conductor wiring installations have been completed. The Contractor will be concentrating on the land and bay access points along Beach Park Boulevard.
 The following items of work have been completed:
o Installation of the pedestrian bridge at Bayside
Towers. Restoration of the area in preparation for the hardscape improvements and landscaping in accordance with the Project plans will follow.
o The reinforcing steel and concrete placement for Floodwalls 1 and 2 near Mariners Point Golf Center.
o Construction of the Shorebird Park earthen embankment (earthen levee), with the earth material stored at Sea Cloud Park. o The placement of approximately 3.9 miles of the 4.2 miles (92% completion) of the revised concrete cap on the sheet pile wall (CCO #9; $110K and #10; $932K). The concrete cap along Beach Park Boulevard as part of Phase II of the Project is complete. The concrete cap remaining to be constructed is mainly in Phase III between Baywinds Park and San Mateo Bridge and portions of Phase I. The Contractor has been providing concrete work crews 210
at various retaining and floodwall locations and has not yet completed all of the concrete cap work.
o Installation of the block retaining walls related to CCO #20, which included retaining walls 2 and 4 has been completed.
 Staff continues to monitor the Safe Routes to School plan for Bowditch Middle School and other locations that may be affected by the Project. Staff is coordinating with school officials about any proposed changes for the 2022-2023 school year.

Current Schedule Timeline
Award of Contract: July 20, 2020
Notice to Proceed: September 28, 2020
Phase 1 Bay Trail Closure - Opening: October 2020 - April 2023* Phase 2 Bay Trail Closure - Opening: January 2021 - April 2023* Phase 3 Bay Trail Closure - Opening: April 2021 - April 2023* Project Substantial Completion: August 2023
Project Completion: January 2024

*Staff is anticipating a schedule update from the Contractor, which will provide more insight to the estimated substantial and final completion dates. For scheduling purposes and to update existing early estimates of trail opening dates until Contractor has provided actual trail opening updates, trail openings are to be shown for April 2023 to satisfy BCDC permit requirements.

Updates to trail opening dates are not a reflection of a Project delay.

PROJECT BUDGET AND COST/EXPENSES

The Project continues to be on time and within budget, and expenses continue to trend as anticipated.

Summary of known costs to date:
 Total Budget/ Bond Measure: Budget = $87M Bond Measure = $90M; Bonds Released = $85M; Additional City reserves for Project if necessary = $10M
 Bid: Shimmick: $60.2M; and $9M contingency for change orders.  Payments: Shimmick: $49M; Others: $14M; Total: $63M
 Change Orders Approved: As of 09/06: CCO Nos. 1-26 = $8.1M 211
 Change Orders Anticipated: To Be Determined

FISCAL IMPACT

Fiscal impacts to the Project are presented to City Council as a separate agenda item with a recommended action to take from City staff. Staff has been monitoring the construction contingency monies for this Project and expects that a request for additional contingency monies to be authorized by City Council will be necessary in October 2022. The request for additional contingency is within the City Council approved budget and is not a request to increase the budget. At this time, the overall project expenditures remain within budget.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA

The Levee Improvements Project is in alignment with the City Council's adopted Vision and Mission statements, in that it seeks to create a sustainable environment through infrastructure improvements for current and future generations to come. This item is also directly related to the "Facilities and Infrastructure" Value/Priority Area. The key outcome is to make substantial progress toward an improved levee on time and budget to protect the community and critical infrastructure from storms and high tides.

Attachments:
 Attachment 1 - Monthly Construction Manager's Report August 2022  Attachment 2 - Expenditure Report as of August 31, 2022  Attachment 3 - Memorandum and Communications Metrics - August 2022 Dashboard Report
212
MONTHLY CONSTRUCTION MANAGER’S REPORT
Foster City Levee Improvements Project
City Project No. CIP 301-657
Contractor: Shimmick Construction Co Report Period: August 1-31, 2022 CM: Tanner Pacific, Inc.

Designer: Schaaf & Wheeler
Original Contract
Duration
(Calendar Days):

Days Elapsed: 705 % Elapsed: 58.8%
Substantial Final
Completion Completion
Date: Date:

Original Contract Approved Revised
Contract
Value: CCOs: Value:

Contingency: $9,000,000.00 Remaining
Contingency: $ 884,304.53 % Contingency
Used: 90%
Costs Billed to Date: $48,096,964.96 % of Contract
Billed to Date: 70%
$60,218,000.00 $ 8,115,695.47 $68,333,695.47
Contract/Schedule Update
1200 Additional Days
Granted: 0 Calendar Days
Remaining: 495
Notice To Proceed: 9/28/2020 10/2/2023 1/10/2024
Cost Management Update
Attachment 1
213
MONTHLY CONSTRUCTION MANAGER’S REPORT
Work Summary
Recently Completed:
Final rebar and concrete placements of Floodwalls 1 & 2 near Sta. 11+00 (near Mariner’s Point Golf Center)
Rebar and concrete for the AP-9 pedestrian bridge foundation stem wall near Sta. 85+00 (northwest of the SM Bridge)
Delivery and placement of the AP-9 pedestrian bridge near Sta 85+00 (northwest of the SM Bridge)
Completion of Retaining Wall 02 & 04 blocks and lightweight concrete fill adjacent to AP-9 (northwest of the SM Bridge)
Initial rebar and concrete placement for Access Points at for flatwork in Phase II along Beach Park Blvd
Subgrade excavation for the access ramp at AP 25 (north of Shorebird Park) Shorebird Park earthen embankment fill
Clearing and subgrade preparation for access point flatwork in Phase III (where accessible due to bird nesting)
Initial Irrigation investigation work in Phase III
Initial excavation and construction of gabion basket wall adjacent to Floodwall 19 in Phase III Delivery and installation of AP 42 Egress Bridge in Phase I Initial concrete placement for sheet pile concrete cap along Floodwall 22 in Phase III Upcoming:
Continued submittals for landscaping, irrigation, striping, and site furnishings Continued import of materials to staging areas
Continued construction of Retaining Wall 02 (northwest of the SM Bridge) Access Point 02 ramp construction (near Baywinds Park) Continued construction of bay-side paths along Floodwall 12 (Phase II, Beach Park Blvd) Access Point flatwork (concrete ramps and stairs) in Phase II along Beach Park Blvd Completion of street light foundations along Phase II, Beach Park Blvd Completion of streetlight installation along Phase II, Beach Park Blvd Wiring and energizing of streetlights along Phase II, Beach Park Blvd Access Point 24 Retaining Wall construction completion near Sta. 185+00 (north of Shorebird Park)
Irrigation installation along Phase III (Shorebird Park to Southern Project Limit) Landscaping work along Phase III (Shorebird Park to Southern Project Limit) Access Point flatwork (concrete ramps and stairs) in Phase III (South of Shorebird Park) Sheet pile concrete cap construction on Floodwall 22 (Egress Bridge to Southern Project Limit) 214
MONTHLY CONSTRUCTION MANAGER’S REPORT
Monthly Progress Photos
Earthen fill operations around Shorebird Park Bridge installation for AP-9 pedestrian bridge near Sta. 85+00 in Phase III
Concrete placement for Access Points in Phase II along
Beach Park Blvd
Access Point 42 (Egress Bridge) segment placement near Sta. 331+00 in Phase III
215
Levee Project Approved Budget: 85,000,000.00$
Vendor Name or Expense Consultant Role or Expense Category Base Contract Amount
Contingency Contract
Amendments
Current Contract
Authority
Amount
Total
Expected/Actual
Cost
Invoices Received
and Paid As Of
08/31/22
Contingency
Spent
Contingency
Remaining
Status
Shimmick Construction Construction Contractor 60,218,000.00$ 9,000,000.00$ 69,218,000.00$ 69,218,000.00$ $48,995,203.28 $8,115,695.47 $884,304.53 Active Tanner Pacific (TPI) Construction Management and Inspection 6,698,877.00$ 300,000.00$ 491,500.00$ 7,490,377.00$ 7,550,000.00$ $4,800,694.20 $0.00 $300,000.00 Active Schaaf & Wheeler (S&W) - Phase 3 Engineering Consultant 2,600,000.00$ -$ 208,745.00$ 2,808,745.00$ 3,100,000.00$ $2,707,857.35 N/A N/A Active Urban Planning Partners (UPP) Planning Consultant - EIR 340,404.00$ 51,061.00$ 70,099.00$ 461,564.00$ 470,000.00$ $439,006.29 $51,061.00 $0.00 Active Regional Government Services Authority (RGS) Project Advisory Services** 561,600.00$ -$ -$
561,600.00$ 561,600.00$ $200,493.00 N/A N/A Active Tripepi Smith (TS) Communications / Outreach Consultant 49,000.00$ -$ 61,000.00$ 110,000.00$ 110,000.00$ $93,478.75 N/A N/A Active Tripepi Smith (TS) Communications / Outreach Consultant 127,056.00$ -$ -$
127,056.00$ 127,056.00$ $98,928.44 N/A N/A Active Huffman-Broadway Group (HBG) Environmental Consultant - Post Construction Environmental Monitoring
275,000.00$ 275,000.00$ $0.00 $0.00 $0.00 Future Contract Wilsey Ham (WH) RUNCO Survey 16,518.00$ -$ -$ 16,518.00$ 17,000.00$ $4,825.00 N/A N/A In Progress Wilsey Ham (WH) On-Call Surveyor 44,946.00$ 4,000.00$ -$ 48,946.00$ 50,000.00$ $23,530.50 $0.00 $4,000.00 In Progress Bender Rosenthal, Inc. (BRI) Property Acquisition Consultant 218,083.00$ 31,000.00$ 249,083.00$ 249,083.00$ $45,152.25 $0.00 $31,000.00 In Progress Miscellaneous Expenses Other Miscelleneous Expenses 40,000.00$ 40,000.00$ $65,793.45 Active Miscellaneous Expenses Communications / Outreach Expenses 40,000.00$ 40,000.00$ $23,703.24 Active Miscellaneous Expenses Fees Paid to Other Agencies 200,000.00$ 200,000.00$ $180,397.64 Active Miscellaneous Expenses Property Acquistion Cost of acquisition 100,000.00$ 100,000.00$ $0.00 In Progress Burke, Williams & Sorenson, LLP* City Attorney $ 500,000.00 $ 500,000.00 $389,226.62 Active TBWB Strategies (TBWB) Public Outreach 29,986.00$ 119,565.00$ 149,551.00$ $141,427.04 $141,427.04 Closed Rutan & Tucker (R&T) Attorney 53,874.86$ 53,874.86$ $53,874.86 $53,874.86 Closed EMC Research, Inc. (EMC) Public Opinion Research 44,000.00$ 2,500.00$ 46,500.00$ $46,500.00 $46,500.00 Closed SCI Consulting (SCI) Public Finance Consultant 110,000.00$ 110,000.00$ $37,168.72 $37,168.72 Closed Kitahata Company + William Euphrat Municipal
Finance, Inc. (KC&WE)
Public Finance Advisory Consultant 80,000.00$ 80,000.00$ $24,610.50 $24,610.50 Closed Stradling, Yocca, Carlson & Rauth (SYCR) Attorney - Bond Counsel 15,000.00$ 15,000.00$ $15,000.00 $15,000.00 Closed Huffman-Broadway Group (HBG) Environmental Consultant 20,000.00$ 20,000.00$ $19,980.65 $19,980.65 Closed Schaaf & Wheeler (S&W) - Phase 1 Engineering Consultant 887,644.00$ 887,644.00$ $887,430.58 $887,430.58 Closed Schaaf & Wheeler (S&W) - Phase 2 Engineering Consultant 2,324,286.00$ 529,150.00$ 2,853,436.00$ $2,853,649.42 $2,853,649.42 Closed Miscellaneous (MISC)- Keech Properties LLC Levee Mitigation Credits/Expenses 170,000.00$ 170,000.00$ $170,000.00 $170,000.00 Closed Chrisp Striping for Edgewater 16,764.55$ 3,000.00$ 19,764.55$ $15,818.40 $15,818.40 $3,000.00 Closed 74,626,039.41$ 9,389,061.00$ 86,873,199.17$ $62,333,750.18 *Includes former City Attorney fees
**Assumes 3 years ($187,200 each year) Total Contract Authority Cost: 86,652,659.41$ Levee Project - Budget Cost: 86,873,199.17$ Assuming using all contingencies

ONGOING AND FUTURE

CONTRACTS AND EXPENSESMISCCL OSED CONTRACTS

CITY OF FOSTER CITY
CIP 327-657 Levee Improvements Project
Budget and Cost Information
Attachment 2
216
City of Foster City

MEMORANDUM
DATE: September 7, 2022
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
FROM: Jennifer Nentwig, Principal, Tripepi Smith
SUBJECT: LEVEE IMPROVEMENTS PROJECT – COMMUNICATIONS METRICS Tripepi Smith would like to share the attached updated Levee Improvements Project Communications Dashboard Report with the Mayor and Members of the City Council. In the report, you will see that the metrics now reflect our communication efforts through the month of August 2022.

As a reminder, t his report is a summary that our team typically develops at the end of each month. It includes data on website traffic, social media engagement, community forum participation, and the number and rate of project email and hotline contacts. While Tripepi Smith has been involved in project communications since January 2021, we have pulled numbers (where available) going back to October 2020 to provide a baseline for comparison.

I would like to highlight a few items of note:
• The City gained approximately 229 new followers/subscribers across all social platforms (Facebook, Twitter, Instagram, Nextdoor and the Levee E-Newsletter) in August 2022.
• The number of Levee Project inquiries increased to 15 in August 2022, compared to 6 inquiries the month prior. The in crease was to be expected since the project has continued to progress and major improvements are more visible. The anticipated project construction schedule on the project website has been updated to reflect a more accurate estimated timeline and will continue to be available on the homepage of the project website.
• The project team conducted a City Manager Tour in August 2022 and has speaking engagements and events planned for September 2022.

Attachment 3
217
• Overall reach and engagement continue to drop from the months prior. A few factors contribute to this decrease: content promoting ongoing work and regular announcements, rather than major project milestones ; Social media comments regarding the Canada Goose Population Management also decreased significantly, driving down higher-than-usual reach and engagement from months prior; the community is aware and well -informed of project -related work, causing less reason to engage with content.

• There have been no new levee petition signatures since August 2021.

Our team is actively monitoring the metrics to analyze the effectiveness of various types of communication and to align the cadence of our efforts to the community’s interest levels. We believe that the City’s proactive social media communications are leading to fewer people having questions or concerns about the project in general – reflecting positively on overall outreach and engagement efforts.

During August 2022, the number of project inquiries increased, showing that residents and community members know the proper channels if they have questions or concerns about the project. As mentioned above, the project team has updated anticipated project construction schedule on the project website to reflect a more accurate estimated timeline and will continue to be available on the homepage of the project website.

As you review the full report, please feel free to let me know if you have any questions. I would be happy to walk you through the report one -on-one if it would be helpful, and we will continue to refine the metrics over time to best meet the project’s needs.

218
1 Levee Project CommunicationsPrepared by: Danielle RodriguezMonthly Dashboard ReportAugust 2022 FOLLOWERS / SUBSCRIBERSCity FacebookCity TwitterCity Instagram [1]City Nextdoor [2]Levee E-Newsletter Total Audience2020 - November1,8041,385 - - 8022020 - December1,8291,392 - - 8022021 - January1,8791,4121,35013,5061,0072021 - February1,9191,4251,38513,7011,0952021 - March2,0591,4311,47913,8311,1082021 - April2,1091,4541,51013,9571,1612021 - May2,1221,4571,51414,1281,1822021 - June2,1351,4581,53114,1861,1922021 - July2,1681,4731,54714,2931,1952021 - August2,1741,4841,56514,3811,2002021 - September2,4001,4931,58714,4931,2022021 - October2,4131,5121,61714,5951,2002021 - November2,4361,5251,63414,6911,2032021 - December2,4451,5311,65314,7291,2072022 - January2,4591,5351,67014,7661,2172022 - February2,4671,5431,68414,8311,2212022 - March2,4781,5521,70414,8951,2292022 - April2,5001,5761,71514,9811,2332022 - May2,5251,5851,73815,0791,2392022 - June2,5721,5971,78015,1831,2452022 - July2,6151,6221,81615,3331,2442022 - August [3]2,6621,6441,86515,4541,242

LEVEE COMMUNITY FORUMS
COMMUNITY UPDATE WEBINARS# Webinars# Participants# Questions Answered via Webinar PROJECT TOURS/ SPEAKING EVENTS [4]# of EventsDescription2020 - November- - - 2022 - January2 1 Project Tour with the City of Corte Madera, 1 Presentation to APWA Silicon Valley [5] 2020 - December- - - 2022 - February5 4 Project Tours with the City of Foster City City Council, 1 Presentation to Hillsdale United Methodist Church [6] 2021 - January1 148 20 2022 - March2 1 Presentation to County Engineers Association, 1 Presentation at 2022 Silicon Valley Women in Engineering Conference [7]2021 - February1 97 45 2022 - April2 1 Presentation at the Ciy's Parks & Recreation Meeting, 1 Presentation at Infraday [8]2021 - March1 48 20 2022 - May1 1 Presentation to Foster City Rotary Club [9]2021 - April1 28 20 2022 - June1 1 Project Tour with Marin County Public Works [10]2021 - June0 0 0 2022 - July0 [11]2021 - July0 0 0 2022 - August1 City Manager Tour [12]2021 - August1 20 202021 - September0 0 02021 - October0 0 02021 - November0 0 02021 - December0 0 02022 - January0 0 02022 - February0 0 02022 - March0 0 02022 - April0 0 02022 - May0 0 02022 - June0 0 02022 - July0 0 02022 - August0 0 0 NUMBER OF LEVEE EMAILS/CALLSProject Email/Hotline ContactsAvg. Email/Hotline Contacts/Day2020 - November15 0.52020 - December25 0.82021 - January69 2.22021 - February53 1.92021 - March46 1.52021 - April21 0.72021 - May22 0.72021 - June16 0.52021 - July48 1.52021 - August16 0.52021 - September16 0.52021 - October8 0.22021 - November14 0.42021 - December8 0.22022 - January4 0.12022 - February8 0.22022 - March12 0.32022 - April7 0.22022 - May15 0.42022 - June7 0.22022 - July6 0.12022 - August15 [13]0.4 NUMBER OF LEVEE PROJECT POSTS [14]City FacebookCity Twitter [15]City Instagram*City Nextdoor2020 - November1 1 0 02020 - December4 4 0 12021 - January8 7 5 22021 - February7 12 7 12021 - March12 21 9 22021 - April7 20 4 162021 - May5 8 1 72021 - June8 13 2 32021 - July9 17 2 22021 - August9 18 1 12021 - September10 16 0 02021 - October7 9 0 02021 - November10 10 0 12021 - December9 9 0 02022 - January7 9 0 02022 - February8 9 0 12022 - March11 11 1 12022 - April8 9 0 02022 - May9 10 0 02022 - June8 9 0 12022 - July10 10 0 12022 - August9 9 0 0*During the months October - December 2020 the City did not post levee related items on the City's Instagram page. In January 2021, Tripepi Smith made the first levee related post. 219
2 LEVEE POST IMPRESSIONS/REACHCity Facebook - Post ReachCity Twitter - ImpressionsCity Instagram - Impressions [16]City NextdoorTOTAL2020 - November259 399 0 0 6582020 - December1,3001,391 0 2447*2,6912021 - January61,00615,9492161 192281,0382021 - February17,492**3,7112,192924 6,8272021 - March60,1558,7533,5552,28274,7452021 - April11,8385,5431,49610,78929,6662021 - May1,4352,786346 5,1469,7132021 - June2,0083,377545 2,6488,5782021 - July8,8354,643599 1,71515,7922021 - August3,3494,318340 967 8,9742021 - September1,8082,568 0 0 4,3762021 - October3,7961,257 0 0 5,0532021 - November3,7221,809 0 1,5547,0852021 - December4,4411,397 0 0 5,8382022 - January869 1,265 0 0 2,1342022 - February2,7011,078 0 1,0624,8412022 - March1,4751,293355 797 3,9202022 - April6,4401,214 0 0 7,6542022 - May3,0471,529 0 0 4,5762022 - June1,6531,305 0 943 3,9012022 - July996 1,264 0 674 2,9342022 - August1,0731,191 0 0 2,264 [17] LEVEE POST ENGAGEMENT [18]City Facebook - Post EngagementsCity Twitter - EngagementsCity InstagramCity Nextdoor - Thanks & RepliesTOTAL2020 - November13 7 0 0 202020 - December63 90 0 17 1702021 - January3,776604 2,101 13 6,4942021 - February1,278142 2,019 3 3,4422021 - March2,801183 3,291 1 6,2762021 - April1,192100 1,333 11 2,6362021 - May65 67 309 2 4432021 - June87 60 94 13 2542021 - July875 161 13 4 1,0532021 - August90 122 13 1 2262021 - September46 37 0 0 832021 - October128 52 0 0 1802021 - November284 66 0 4 3542021 - December108 21 0 0 1292022 - January85 61 0 0 1462022 - February159 27 0 2 1882022 - March90 26 6 0 1222022 - April411 34 0 0 4452022 - May395 52 0 0 4472022 - June125 54 0 3 1822022 - July16 35 0 1 522022 - August7 37 0 0 44 [19] LEVEE WEBSITE ANALYTICS2020 - November # of Vistors2020 - December # of Vistors2021 - January # of Vistors2021 - February # of Vistors2021 - March # of Vistors2021 - April # of Vistors2021 - May # of Vistors2021 - June # of Vistors2021 - July # of Vistors2021 - August # of Vistors2021 - September # of Vistors2021 - October # of Vistors2021 - November # of Vistors2021 - December # of Vistors2022 - January # of Vistors2022 - February # of Vistors2022 - March # of Vistors2022 - April # of Vistors2022 - May # of Vistors2022 - June # of Vistors2022 - July # of Vistors2022 - August # of VistorsAverage Visits Per DayAverage Visit Length (Minutes)fostercity.org [20]2940 3423 4601- - - - - - - - - - - - - - - - - - - - -fostercitylevee.org [21]- - - 4,3299,145 4,5014,163 4,9424,9263,7672,790 2,6372,7522,1103,0133,0172,6283,5684,8274,9424,1633,350108 1:39 LEVEE PETITIONPetition Signatures2021 - February2,7192021 - March2,7192021 - April2,7202021 - May2,7222021 - June2,7222021 - July2,7232021 - August2,7222021 - September2,7222021 - October2,7222021 - November2,7222021 - December2,7222022 - January2,7212022 - February2,7212022 - March2,7212022 - April2,7212022 - May2,7212022 - June2,7212022 - July2,7212022 - August [22]2,721

TOP LEVEE PROJECT SOCIAL MEDIA POSTS
City FacebookThe top Facebook posts during August 2022 for the Levee Project promoted the project website's FAQ and News pages, while another other top post highlightedCity TwitterThe three top levee-related Tweets in August 2022 shows that residents/followers interacted the most with the Safety Tip of the Week.the Safety Tip of the Week. Each week, the Construction Update newsletter highlights a Safety Tip of the Week from the project, which has been well-received from the community.

City InstagramThe Levee Improvements Project did not post on Instagram in August 2022. 220
3 Zencity Insights
Most Popular Topics: Conversation items classified by topic, arranged from highest number of interactions to lowest.Popular Words: The words that appear most frequently across your channels.

BOOSTED LEVEE PROJECT POSTSTripepi Smith did not boost any levee project-related social media posts in August 2022.

NOTABLE LEVEE PROJECT MEDIA MENTIONSPlatformGroup Post URLFacebookFoster City Together https://www.facebook.com/groups/fostercitytogether/posts/1043624559672435/?__cft__[0]=AZXBhWlXp4nkW5OvkQC2N0622R7lV1_XaZ4BgD_yZE3xBcdMr515KIavgRIoYwRlhYjw_KHDfs6zHdmtuz7HYdWpyTXVl5DVY-A_EDxq0BRojnghdkSEcIVfCNDtiEyW17GIVOTBT_46M5NG2o5lHYOy&__tn__=%2CO%2CP-R

OTHER NOTABLE LEVEE PROJECT SUPPORT
Social media monitoring Since January 2021, Tripepi Smith began monitoring the City's social media sites daily to ensure items relating to the Levee Project are intact and to ensure there is no misinformation being shared. Tripepi Smith has been able to comment back to several followers regarding questions or clarification. Presentation requests/meeting logisticsTripepi Smith began coordinating logistics and materials with City staff for a September 2022 event with the San Mateo County Council of Cities. 221
4 [1] Due to the recent connectivity with Sprout Social, the metrics generator, we were unable to retrieve the followers metrics for previous months. [2] Nextdoor metrics does not archive the previous months members metric. It must be calculated at the first of the month. [3] Followers/subscribers continue to rise across most platforms. [4] This is a new section as of January 2022.
[5] The Levee Improvements Project team took the City of Corte Madera's Public Works Director, Planning Manager and Senior Civil Engineer on a tour of the project site. [6] The Levee Improvements Project team took the Foster City City Council on four separate project tours in February 2022, which is also where Mayor Awasthi filmed an episode of "The Mayoral Minute." Additionally Public Works Director Louis Sun and Senior Civil Engineer Francine Magno gave a presentation to Hillsdale United Methodist Church. [7] The Levee Improvements Project team participated at the 2022 CEAC Spring Conference. Additionally, Senior Civil Engineer Francine Magno presented at the 2022 Silicon Valley Women in Engineering Conference in March 2022. [8] Senior Civil Engineer Francine Magno provided a levee update at the City's Parks & Recreation meeting and Public Works Director Louis Sun gave a presentation at the Infraday Conference in Los Angeles. [9] Public Works Director Louis Sun and Senior Civil Engineer Francine Magno provided a levee update to the Foster City Rotary Club. [10] Senior Civil Engineer Francine Magno and Tanner Pacific, Inc. coordinated a project tour with representatives from Marin County Public Works. [11] The project team did not conduct tours or presentations in July 2022, though future events are being planned to take place in the coming months. [12] The project team conducted a tour with City Manager Stefan Chatwin in August 2022. [13] Though the total number of project inquiries increased to 15 compared to 6 and 7 inquiries the months prior, the increase was expected as the project progresses and the timeline on the project website was updated. This prompted more inquiries from residents. It is important to note that though inquiries more than doubled, the total number remains relatively low. [14] Number of posts is only relating to the Levee Improvements Project. [15] Due to the character limit on Twitter, some Tweets had to be posted in a thread (series of Tweets about one topic). [16] Instagram Impressions: The number of times your content is displayed, no matter if it was clicked or not. [17] Though there were not any project-related Nextdoor posts in August 2022, reach/impressions remain comparable with July 2022. [18] Facebook Engagement: Calculated based on the number of likes, comments, shares, and clicks your posts are generating Instagram Engagement: Anytime a user likes, shares or comments on one of your posts.

Twitter Engagement: Total number of times users interacted with a Tweet (clicks anywhere on the Tweet including Retweets, replies, follows, likes, links, cards, hashtags, embedded media, username, profile photo, or Tweet expansion). [19] Overall engagement in August 2022 remains comparable to the month prior. [20] This data was retrieved from the highest trafficked Levee URLs:
/publicworks/project/levee-improvements-project-cip-301-657 /community/page/levee-trail-close-shorebird-park-san-mateo-bridge-early-january /publicworks/page/levee-improvements-project-what-will-improved-levee-look /publicworks/page/levee-improvements-project-latest-construction-updates [21] The new Foster City Levee Project webpage was created in Feb. 2020. There was no data from Oct. - January. However, data will only populate under this new website from Feb. on. [22] There have been no new signatures since August 2021 and an additional signature was removed from the petition in January 2022. 222

DATE: September 19, 2022

TO: Mayor and Members of the City Council

FROM: Stefan Chatwin, City Manager
Derek Schweigart, Parks and Recreation Director

SUBJECT: CANADA GOOSE POPULATION MANAGEMENT PLAN UPDATE

RECOMMENDATION

It is recommended that the City Council, by Minute Order, receive and accept an update on staff’s research relating to Canada Goose population management and provide direction on mitigation efforts and further development of the City’s Canada Goose Population Management Plan to identify both non-lethal and lethal strategies, including depredation, for population management.

EXECUTIVE SUMMARY

At the City Council regular meeting on July 18, 2022, City Council provided direction to City staff to pursue obtaining the Migratory Bird Depredation Permit 3-200-13 allowing for the culling of up to 100 geese. The following week the City was issued a Migratory Bird Depredation Permit from United States Fish and Wildlife Services (USFWS). Over the past several weeks, City staff has continued to research non-lethal methods for controlling the Canada Goose population and has participated in several meetings with various stakeholder groups and vendors to discuss strategies which may help to modify Canada Goose behavior and be potentially included in the City’s Goose Population Management Plan ("Plan").

Shortly after receiving the depredation permit from USFWS, City staff consulted with potential vendors and wildlife agencies and determined that 223
performing depredation at this time would be more difficult and potentially less effective as the geese in Foster City were no longer in their molt period. Given the circumstances and additional time afforded, staff is recommending that the City seek revisions to the Plan via a consultant to identify specific non- lethal and lethal strategies for population management, recognizing the complex problem will require a comprehensive solution. The goal would be to complete the revisions to the Plan in the earliest possible timeframe so that it could be implemented before next year’s molt season. The actions being requested of City Council today are to receive and accept the report, as well as to provide direction for City staff to move forward with a Request for Proposals for a consultant to assist the City in said revisions to the Plan.

BACKGROUND

At the regular Council meeting on November 1, 2021, City Council directed via Minute Order No. 1816, that staff move forward with the Canada Goose Population Management Plan (Attachment 1), which outlines both non-lethal and lethal strategies for population reduction and provides a guide for City staff and members of the public to address the Canada Goose removal if necessary. At the time, the City had already been issued WS Form 37 from the United States Department of Agriculture (USDA) and began the application process to obtain a 3-200-13: Migratory Bird – Depredation Permit issued by United States Fish and Wildlife Services (USFWS) on November 17, 2021.

After working with the USFWS and submitting all required documentation including a mitigation plan and documented history of non-lethal methods the City took in managing the Canada Goose population, USFWS verbally approved the permit.

On July 18, 2022, by way of Minute Order No. 1863, City Council provided direction to staff to obtain 3-200-13: Migratory Bird – Depredation Permit.

USFWS issued the permit upon request on July 25, 2022. The permit was valid upon issuance with an expiration date of July 31, 2023. The permit authorizes the lethal take of up to 100 adult Canada Geese. As part of the permit requirements, the City must continue to use other non-lethal methods to control the population.

Since July 18, 2022, staff has continued to research and investigate non- lethal methods to control the goose population. Staff has participated in numerous meetings with various vendors, agencies, and wildlife groups. The 224
list below is not fully inclusive of all the meetings but rather some examples that took place over several weeks:

Date Group Meeting Summary

7/28/2022 California
Department of
Fish and Wildlife
(CDFW)
Emails and phone calls had been exchanged discussing the possibility of relocating geese in lieu of depredation. USFWS would allow relocating in most circumstances, but that
directly conflicts with (CDFW) policy about relocating geese within the state. USFWS followed up with CDFW and
confirmed relocating within the state is not allowed nor advised at this time due to Highly Pathogenic Avian
Influenza (EA H5N1) which has been confirmed in many areas across the country.
7/28/2022 Baybots Artificial Intelligence (AI) Pilot Program: Baybots conducted a four (4) day pilot program at the southern end of Leo J. Ryan Park to study geese behavior and further develop their AI for autonomous hazing of Geese. Success of the pilot was based on fecal load in a specified area of the park. Although the fecal load was minimal, the geese had already molted and begun to fly, which resulted in far fewer geese at the park overall.
8/4/2022 Baybots Baybots introduced a more sophisticated robot named “Spot” manufactured by Boston Dynamic to haze geese and
demonstrate the robot’s capabilities. Spot was not
autonomous but can be fully autonomous with proper
mapping and software.
8/4/2022 Animal
Protection
League of New
Jersey (APLNJ)
Staff had a virtual meeting with (APLNJ) to discuss habitat modification in City parks that would be a natural deterrent and make the parks less appealing to the Canada Goose.
8/18/2022 Jackie Speier's
Office and
United States
Fish and Wildlife
Services
(USFWS)
Staff, City Councilmember Sullivan, and the City’s Goose consultant Chris Rudnicki met with representatives of Jackie Speier's office and USFWS. Topics of discussion were
permitting process, Canada Goose population data,
relocating, avian bird flu and depredation as a method to control population.
8/19/2022 Wildlife
Innovations
Staff met virtually with Wildlife Innovation biologists to discuss the Canada Goose issues in the City. During this meeting, Wildlife Innovations revealed a plan which would involve aggressive hazing of geese using multiple methods simultaneously on both land and water, access to Bair Island for egg and nest destruction. Wildlife Innovations also discussed strategy and the best time to remove geese.
225
8/19/2022 Lori Morton-
Feazell of San
Mateo County
Health
Staff scheduled a virtual meeting with Lori where she
provided the City with multiple management plans and
alternatives to lethal action. Relocation was discussed and she provided a contact and some links to other non-lethal strategies, such as Swans.
8/30/2022 Wildlife
Innovations
Staff had a follow-up meeting with Wildlife Innovations to get more detail on previous discussions involving hazing, nesting and depredation services that could be provided.

ANALYSIS

The City received a copy of the depredation permit from the USFWS on July 25, 2022 and it is valid until July 31, 2023. Immediately following the issuance, staff consulted with vendors and wildlife agencies and determined that the ideal window for performing depredation would be in the spring during the geese molting season. Currently, the molting season is over, and the geese have already begun to fly. Any effort to trap the geese would be difficult and less effective, requiring greater resources and time to perform.

Staff is recommending that the City consider depredation in the Spring 2023.

The City’s depredation permit will still be valid for the next season’s molt. This will provide staff ample time to explore fully the various non-lethal strategies including various forms of geese hazing, habitat modification and other strategies which will help to increase the effectiveness of the City’s efforts to control the local geese population and negative impacts. While consulting with the biologists from Wildlife Innovations, Inc., a biological consulting firm that specializes in wildlife management, City staff discovered that while the City tried several hazing and mitigation strategies with the geese, no single strategy was effective in isolation. An effective plan would be one that incorporates many various strategies simultaneously and consistently over an extended period to have the greatest impact on the geese behavior. As staff has learned over the years, geese adapt quickly and without a perceived or real threat to them, they will continue to persist.

In the meantime, staff is recommending the City pursue further development of a robust Plan that considers both non-lethal and lethal strategies including depredation recognizing the complex problem will require a comprehensive solution. The scope of the Plan may consist of but not be limited to the following:
 Canada Goose biology and regulations surrounding the management of this wildlife species
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 Regulatory agencies and their roles in managing the geese population  Environmental review as required
 Benefits as well as specific conflicts that exist with geese in Foster City parks and public spaces
 Park site descriptions and observational surveys of the geese population, transect and other anecdotal data collected  Development of plan objectives for Canada Goose control and management
 Specific Canada Goose Management plan of action for Foster City including habitat management, non-lethal techniques, and capture and removal of the geese
 Plan monitoring and adaptation with a cost benefit analysis component To develop a Plan of this scope, staff recommends the City engage a consultant with experience working with public agencies, who understands environmental regulatory permitting and related services, and has the ability to consult on geese and their habitats. More importantly, the consultant will be able to help the City develop a robust and effective plan that is specific to Foster City. The goal would be to complete this Plan in the earliest possible timeframe so that it could be implemented before next year’s molt season.

POLICY QUESTION/NEXT STEPS

Aside from receiving and accepting the report, City staff is seeking City Council direction on mitigation efforts and further development of a comprehensive Canada Goose Population Management Plan which will include both non-lethal and lethal strategies including depredation.

Pursuant to the City’s Purchasing Policy, the City Manager will issue a Request for Proposals (RFP) to pursue an agreement with a consultant with the necessary experience and qualifications to assist the City in the revisions to the Plan. The revisions being sought would thoroughly analyze the effectiveness and appropriateness of the various strategies as well as account for all necessary and regulatory considerations including appropriate permitting. City staff will return to City Council for approval of an agreement as well as a request for funding to perform such work. City Council will also have the opportunity to approve the revised Plan once completed and authorize for City staff to move forward with its implementation.

Implementation of the Plan may include approval of vendor agreements and funding for both non-lethal and lethal methods up to and including depredation.
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FISCAL IMPACT

There is no fiscal impact with receiving and accepting this update, nor is there a direct fiscal impact with the issuance of a RFP aside from staff time associated with acceptance, review, and evaluation of the proposals. A request for appropriation of funds would be brought to City Council for approval upon award of an agreement, based on actual costs of the services.

ENVIRONMENTAL REVIEW

This item is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.), including without limitation, Public Resources Code section 21065 and California Code of Regulations 15378 as this is not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment. Even if deemed a “project,” it would be exempt under the “common sense” exception (14 Cal. Code Regs. § 15061(b)(3)) or the Information Collection categorical exemption (14 Cal. Code Regs. § 15306) because it can be seen with certainty that there is no possibility that this item, which seeks direction from City Council on the Plan, would have a significant effect on the environment.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA

The Canada Geese Population Mitigation Plan is consistent with the City Council's Vision and Mission in that it aims to maintain a naturally sustainable level of resident geese in Foster City (and regionally) to minimize the risk to human health, safety, and enjoyment in City parks, enhancing the quality of place for current and future generations. Foster City is committed to maintaining a standard of excellence with regards to infrastructure, including streets, lagoons, and parks, which is in alignment with the "Facilities and Infrastructure" Value/Priority Area.

Attachment:
 Attachment 1 - Canada Goose Population Management Plan 228

Page 1 of 5 ends

City of Foster City

CANADA GOOSE POPULATION MANAGEMENT PLAN
Overview
In response to the rising concerns about the number of Canada goose and the excrement they leave on Foster City beaches, playfields, parks, and walkways, creating a potential public health hazard and diminishing the community's ability to safely enjoy outdoor recreational amenities, the Foster City Canada Goose Population Management Plan is a framework by which the City may respond to public safety issues and work towards reducing overpopulation of Canada Goose. This plan provides an update on actions taken to date and identifies the next steps towards mitigating the geese population in Foster City.

The plan outlines strategies for population reduction and also provides a guide for City staff and members of the public to address Canada goose removal if necessary. It should be noted that the purpose of this plan is to be a guiding document and as such, the techniques prescribed will only be implemented as needed.

Background and Past Efforts
Most regional surveys show that Canada goose numbers are either increasing or stable, but overall they are at unprecedented numbers due to overpopulation. In the City of Foster City, the increasing number of Canada Goose has led to increased conflict and concern among human residents.

To keep the goose population at appropriate levels, for many years the City has implemented several management tactics. Some of these techniques have been implemented independently, as well as in conjunction with others, all with varying degrees of success. The chart below provides a summary of measures attempted through the years.

PAST AND CURRENT EFFORTS TO ADDRESS GEESE POPULATION MANAGEMENT Method Description Did it Work?
Dog Hazing Dogs used to harass and 'stalk' geese
making them feel less secure from
predators.

Yes. This approach is temporary and tends
to push geese to other properties.

Strobe
Lights
Currently the City uses two strobe lights
that were strategically placed at Leo J.

Ryan Park.

No. No noticeable effects on the Goose
behavior and bothersome to public.

Egg
Addling
Keeping goose eggs from hatching
curtailing reproduction so fewer geese will
nest at a given site in the future.

Yes. Noticeable reduction in goose
population can take several years as geese
can live for upwards of 20 years.

Fence
Barriers
Installation of various fencing to deter
geese from entering water, limiting their
access.

Yes. Fairly effective, but time -intensive to
install and adjust as geese adapt, and
barriers detract from parks.

Goose
Deterrent
Liquid deterrents applied to lawn areas
that is repulsive to geese.

Yes. Minor effectiveness and mixed results
for a short-term basis, but strong odor.

Attachment 1
229

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While control efforts, both in Foster City and throughout the region, have been extraordinary, the regional non- migratory goose populations continue to increase.

Concerns
Canada Goose present an inherent concern in that they may cause damage to City areas as a result of overgrazing turf grass and landscaping, excessive bird- fecal accumulations, aggressive nesting behavior towards the public, and human health and safety hazards (i.e., disease transmission, traffic hazards when geese cross roads).

The majority of complaints with Canada Goose involve accumulations of feces on lawns and walkways at homes, schools, and public parks, compromising the overall quality of life, and hav ing the potential to pose serious health threats due to the presence of disease-causing organisms.

Due to their inefficient digestive systems, grazing habits and molting patterns, geese do pose a risk to human health and safety. Canada Goose and their fecal matter can cause a deterioration in water quality in the City’s surrounding water bodies (i.e., lagoon and beaches).

1.1 General Health and Avian Influenza Risks
Potential health risks posed by the abundant droppings of the Canada goose are a relatively untouched area of study as the urban goose concentrations are a relatively new phenomenon. Locally, high bacteria levels partly attributed to goose droppings have been identified in the Foster City lagoon and beach areas . Since 2017, these findings have resulted in mandatory beach closures after analysis of water samples for beaches at Erckenbrack Park, Marlin Park, and Gull Park.

Due to the fact that it is possible to contract disease from goose fecal matter, there are general recommendations for areas where these droppings may be present.

1. Wash hands, clothes and sports equipment immediately after exposure

2. Small children, pregnant women or immune- compromised individuals should avoid areas with high concentrations of droppings

3. Small children who may put hands in their mouths should not be placed in contact with these areas Currently there is also concern with a potential pandemic threat of avian influenza (otherwise known as bird flu or the H5N1 virus). At present, there appears to be three likely scenarios for bird flu. From best to worst they are:

1. The virus will loose it s virulence and while still spreading be less of a threat to humans and birds. This is hypothetical, based on changes between influenza strains found in the past and current flu outbreaks.

2. The virus will remain as it is and be spread widely by migratory bir ds. Management of bird/bird and bird/human contacts is and will continue to be required to follow the spread of the virus.

3. The virus will mutate and be transmitted human to human. This could produce a worldwide pandemic and would need to be addressed by the development of effective rapid quarantine methods and production of a vaccine.

1.2 Addressing Water Quality Impacts and Sampling
The City of Foster City, as a component of its Lagoon Management Plan, will contract with a lagoon water management company to help understand the best methods to reduce the bacteria levels in the lagoon. This can be achieved by several different methods including: chemical, mechanical, outreach programs, and wildlife population control. Additionally, lagoon water testing otherwise known as the “ Fecal Indicator Bacteria (FIB) Monitoring Program” will continue (at least through March 2022) to provide a baseline data set that will assist in investigating sources of bacteria to Foster City Lagoon and the seasonal variability in such sources. Sampling will also help confirm data collected by County Environmental Health Services (EHS.)

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Recommendations
The most effective strategy for alleviating resident Canada goose conflicts is an integrated mitigation plan to reduce the overall local population of geese. This involves curtailing reproduction, site aversion, and habitat modification to discourage and/or limit the number of birds in certain areas. Throughout the year an integrated goose program may include a combination of tactics.

2.1 Goals and Measures
The Foster City Canada Goose Population Management Plan is meant to target specific areas, where public health, safety, and property damage are at risk due to increased populations. The City’s goal is to systematically work on these aspects to help address these issues.

Staff has identified three goals for implementing a Canada goose management program.

1. The primary goal is to focus annually on the open, green space and water areas in the City of Foster City to reduce the Canada goose population and address community concerns.

2. The second goal is to evaluate and develop strategies annually that employ both short-term and long-term methods, such as creating physical barriers that deter geese from loafing on property and addling eggs to curtail reproduction.

3. The final goal will be to support other community public and private property owners to develop plans and implement processes of their own to reduce the number of Canada Goose on property not owned by the City of Foster City.

Effective geese management plans generally follow a seasonal timeline, and therefore, the C ity of Foster City will generally implement this plan during the spring, summer, and fall seasons.

2.2 Management Techniques
The options for Canada goose management are varied in type and meeting the goals as outlined will require the implementation of a broad set of techniques. Any one management strategy used alone will likely be ineffective for any significant length of time, since tolerance and habituation will likely occur. As a result, City staff will implement the use of an integrated management approach, where a number of techniques are applied in varying ways at unique times and locations. Staff understands that future reduction plans may require new management strategies that require adjustments or improvements.

2.3 Population Reduction
Nesting Management
Annual nest search and treatment will be conducted in localized areas. The areas to be searched and treated include suitable nesting habitat immediately adjacent to water body areas. Nest searches and treatment protocol will follow methods prescribed by the required U.S. Department of Agriculture and U.S. Fish & Wildlife Service permits. Permit conditions will be followed and reporting will be conducted on an annual basis. To facil itate future nest searches, the City of Foster City will continue to collaborate with the neighboring cities in an egg-addling effort.

Over the years, a regional contractor has addled thousands of eggs located at Bair Island, which generally won’t make a noticeable impact in the population until a span of 20 years.

Removal and Disposition
Capture and removal of flightless, mixed age groups of geese during the spring/summer flightless period is an effective way to reduce localized population of geese during the peak golf course and park use time (May - September). The use of contractors to capture and remove for the disposition of geese is a management option for 231

Page 4 of 5 ends

consideration. Goose removal and disposition would need to be conducted according to the regulatory permit conditions.

Selective and occasional lethal removal of geese are also an effective complement to other nonlethal measures .

Lethal removal of geese by means of euthanization is a management option. Such removal and disposit ion would also need to be detailed and conducted according to the regulatory permit conditions. Conditions would include the number of geese and the specific information about the methods to be used in their harvest and disposition.

Habitat Modification and Site Aversion
Site Modifications may include but are not limited to: no mowing areas, increase height of vegetation around ponds and creek banks, planting or promoting shrubs by natural willow colonization, landscape plantings , or added temporary or permanent barriers. The use of temporary snow fence, woven wire, fishing line, etc. that limits Canada goose access to the water areas during the spring, summer, and fall season may be considered. Any fencing that is installed would need to be removed prior to the winter season, and should be established in a manner that prevents geese from entering the fenced off area from the water or from the adjacent property areas. Staff may also expand use of strobe lights in and around water areas as well as stay up to date on all new technologies for goose reduction strategies.

Other techniques that may help with site aversion include liquid deterrents applied to lawn areas or fogging of the geese with a non-harmful chemical that will cause irritation and make the treated areas uninviting. The chemicals are not harmful to pets or other wildlife.

2.4 Public Information and Communication Plan
Informing the public a bout Canada Goose population management activities is an integral part of a successful goose management plan. Information will be shared through community publications, electronic tools, and public meetings. Signage or posted notices may also be developed for certain areas and activities if needed. All persons performing management activities will provide C ity staff with accurate and thorough information about goose management objectives, strategies, and schedules.

To incorporate early, open and ongoing communication, community engagement efforts may include, but is not limited to, the following means:
• City Webpage: A dedicated webpage on the City's website that will provide information regarding geese, past mitigation efforts, frequently asked questions, and a contact/comment form • F actsheet : An informational handout summarizing the public health & safety issue, goals of the Canada Goose Population Management Plan, and where to learn more • B rochure/Signage: Brochure for Parks Maintenance staff to hand out, as well as posted signage throughout parks to discourage members of the public from feeding birds • E ducational Video: An informational video that provides perspectives from different community stakeholders on the public health & safety issue
• C lean -Up Event : A community event that encourages public involvement and provides an educational opportunity for participants; related to Earth Day and sustainability efforts • P ress R eleases: Periodic press releases advising the community of the public health & safety issues, providing notice and progress updates as different mitigation efforts are employed • C ity's e -Newsletter: Sharing of relevant updates through the City's e-Newsletter (as needed) • Social Media: Frequent posts through the City's social media platforms, including Facebook, Nextdoor, and Twitter (as needed)

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2.5 Partner Relationships and Permit Requirements
Under the Migratory Bird Treaty Act (MBTA), Canada Goose are protected and are subject to the regulations of the Code of Federal Regulations, Title 50 - Wildlife and Fisheries. In general, state regulations follow federal regulations for the control of Canada Goose. The MBTA prohibits the "take" of protected migratory bird species without prior authorization (through a depredation permit) by the Department of Interior U.S. Fish and Wildlife Service. A depredation permit is required to control migratory birds that are causing, or if there exists the potential to cause serious damage. Depredation permits should only be sought after other deterrents have proved unsuccessful. They are intended to provide short -term relief for bird damage until long- term, non-lethal measures can be implemented to eliminate or significantly reduce the problem.

Coordination of all Canada geese population management activities will be communicated with the appropriate regulatory agencies, Parks & Recreation Department, Public Works Department, and the City Manager’s Office.

Population monitoring, permitting, annual reporting for egg addling and/or any other depredation permit, dates/conditions for permits, permit in possession while conducting activities, etc. will be the responsibility of City staff and all contractors employed to implement such services.

Lastly, City staff will explore opportunities for regional collaboration with other jurisdictions along the Peninsula that, too, experience persistent and increasing Canada Goose challenges as the population continues to rise. Foster City and its regional partners are engaged in an ongoing effort to elevate the goose population issue to the San Mateo County Health Department to determine whether the effects of the goose presence in the region constitutes a health emergency, which would expand the mitigation options available.

2.6 Staff Contact Information
Any questions regarding the Foster City Canada Goose Population Management Plan can be directed to:
[email protected]
.

_____________________
ADOPTED: November 1, 2021 (via Minute Order No. 1816)
UPDATED: June 3, 2022 (non-substantive changes)

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DATE: September 19, 2022

TO: Mayor and Members of the City Council
President and Members of the Estero Municipal Improvement District (EMID) Board of Directors

VIA: Stefan Chatwin, City/District Manager

FROM: Edmund Suen, Finance Director

SUBJECT: FY 2022-2023 GENERAL FUND BUDGET AUGMENTATION OF $6,939 IN THE FINANCIAL SERVICES DEPARTMENT FOR

EMPLOYEE SERVICES EXPENDITURES FOR THE SALARY

INCREASE OF THE ASSISTANT FINANCE DIRECTOR JOB

CLASSIFICATION

RECOMMENDATION

It is recommended that the City Council/Estero Municipal Improvement District Board of Directors (hereinafter referred to as "City Council") adopt the attached resolutions approving a FY 2022-2023 General Fund Budget Augmentation of $6,939 in the Financial Services Department for Employee Services expenditures for the salary increase of the Assistant Finance Director job classification.

EXECUTIVE SUMMARY

The tight labor market combined with the current high inflation environment has led to hiring challenges for many industries, including local governments. According to national labor data, there are approximately 1.8 to 2 jobs for each unemployed person. The Financial Services Department has lost employees to both the private and government sector due to a lack of wage competitiveness and is seeing similar challenges in recruiting for its 234
Assistant Finance Director (AFD) due to its inferior salary level as compared to our 12 comparator cities. The AFD administers the general ledger for each of the City's Funds and oversees the accounts payable, payroll, regulatory reporting, and annual financial audit for the City. Staff believes a recalibration of the AFD salary to reflect the market is imperative in achieving a successful recruitment. As a result, staff recommends the City Council approve an increase in the AFD salary and a corresponding General Fund budget augmentation in the Financial Services Department of $6,939 for FY 2022- 2023.

BACKGROUND/ANALYSIS

On June 21, 2021, the City Council approved an agreement with Koff & Associates to perform a classification study for a total General Fund Human Resources Department appropriation of $86,000. The purpose of the study was to update and amend the City's classification plan to ensure each job classification accurately reflects current job responsibilities and requirements.

On February 7, 2022, the City Council further approved a second agreement with Koff & Associates to perform a compensation study for a not-to-exceed amount of $60,390. The purpose of the study was to (1) address issues related to compression and inequities that have developed over the years; (2) update its pay plan to attract and retain quality staff; (3) provide salaries commensurate with assigned duties; (4) provide justifiable pay differentials between individual classes, and (5) maintain a competitive position with other comparable agencies in the area to ensure that the organization can attract and retain quality high-caliber talent.

The Financial Services Department itself has lost staff members in recent months and understood that it primarily had to do with pay not being competitive with other agencies. Since both studies are still pending and not yet completed, staff conducted a comparison of wages to twelve comparator cities as well as other current recruitment for similar positions (i.e., Assistant Finance Director/Deputy Finance Director).

235

As indicated in the analysis of the 12 comparator cities (see Attachment 3), the average annual pay (at top step) for the AFD position is $177,000 vs. $166,750 in Foster City's current pay plan. That amounts to a $10,250 disparity. Notwithstanding, the net cost increase is only $6,969 after adjusting for benefits as well as the elimination of vacation cash out which would not be available to a brand new employee who would not have accrued the necessary vacation for such a cash out.

The Assistant Finance Director is a critical position that needs to be filled expeditiously, especially as City staff work to finalize the FY 2021-2022 year end close, audit, and Annual Comprehensive Financial Report. Staff recommends the City Council support and approve an update of the AFD salary to the market average of $177,000 which corresponds to a supplemental General Fund budget appropriation of $6,969 for FY 2022- 2023.

FISCAL IMPACT

A $6,969 supplemental appropriation to the General Fund budget for the Financial Services Department for salary and benefits is requested with the attached resolutions.

236

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREAS

This action is consistent with the City Council’s "Staff Empowerment and Operational Excellence" Value/Priority Area as this action will support the organization's efficient and effective staffing.

Attachments:
 Attachment 1 - City Resolution
 Attachment 2 - EMID Resolution
 Attachment 3 - Salaries of Comparator Cities - Assistant Finance Director
237
RESOLUTION NO.____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY APPROVING A FISCAL YEAR 2022-23 GENERAL FUND AUGMENTATION OF $6,939

IN FINANCIAL SERVICES DEPARTMENT FOR EMPLOYEE SERVICES

EXPENDITURES FOR THE SALARY INCREASE OF THE ASSISTANT FINANCE

DIRECTOR JOB CLASSIFICATION

CITY OF FOSTER CITY
WHEREAS, the Financial Services Department is recruiting for the replacement of its Assistant Finance Director as a result of the former incumbent’s recent retirement; and WHEREAS, the tight labor market and current inflationary environment is posing significant hiring challenges for many industries, including local government; and WHEREAS, the District’s salary for the Assistant Finance Director job classification is significantly below its 12 comparator cities; and
WHEREAS, the City Council desires to be competitive with other comparable agencies in the area to ensure that the organization can attract and retain quality high- caliber talent; and
WHEREAS, the City Council desires to increase the annual salary (at top step) of the Assistant Finance Director from $166,750 to $177,000 in order to be competitive with comparator agencies.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby approve a new annual salary of $177,000 for the Assistant Finance Director job classification, a $6,939 supplemental appropriation in FY 2022-23 to the General Fund for the Financial Services Department’s Employee Services expenditures budget, and authorize the Finance Director to make the necessary budget adjustments to the relevant general ledger accounts for the $6,939 supplemental appropriation. 238
PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 19h day of September 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RICHA AWASTHI, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK
239
RESOLUTION NO.____________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL IMPROVEMENT DISTRICT APPROVING A FISCAL YEAR 2022-23 GENERAL FUND AUGMENTATION OF $6,939 IN FINANCIAL SERVICES DEPARTMENT FOR

EMPLOYEE SERVICES EXPENDITURES FOR THE SALARY INCREASE OF THE

ASSISTANT FINANCE DIRECTOR JOB CLASSIFICATION

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, the Financial Services Department is recruiting for the replacement of its Assistant Finance Director as a result of the former incumbent’s recent retirement; and WHEREAS, the tight labor market and current inflationary environment is posing significant hiring challenges for many industries, including local government; and WHEREAS, the District’s salary for the Assistant Finance Director job classification is significantly below its 12 comparator cities; and
WHEREAS, the District Board desires to be competitive with other comparable agencies in the area to ensure that the organization can attract and retain quality high- caliber talent; and
WHEREAS, the District Board desires to increase the annual salary (at top step) of the Assistant Finance Director from $166,750 to $177,000 in order to be competitive with comparator agencies.

NOW THEREFORE, BE IT RESOLVED that the Board of Directors of the Estero Municipal Improvement District does hereby approve a new annual salary of $177,000 for the Assistant Finance Director job classification, a $6,939 supplemental appropriation in FY 2022-23 to the General Fund for the Financial Services Department’s Employee Services expenditures budget, and authorize the Finance Director to make the necessary budget adjustments to the relevant general ledger accounts for the $6,939 supplemental appropriation.
240
PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the regular meeting held on the 19 h day of September 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RICHA AWASTHI, PRESIDENT
ATTEST:

PRISCILLA SCHAUS, DISTRICT SECRETARY
241
ATTACHMENT 3 ‐ SALARIES OF COMPARATOR CITIES ‐ASSISTANT FINANCE DIRECTOR Salaries of Comparator Cities ‐ Assistant Finance Director/Deputy Finance Director Salary Max
Classic Formula PEPRA Formula
1 Redwood City 18,799 $ 2,006$ 2% @ 60 2% @ 62 Assistant Director of Administrative Services 2S a n Mateo 16,419 $ 2,006$ 2% @ 55 2% @ 62 Deputy Director of Finance 3 Milpitas 15,891 $ 2,228$ 2% @ 60 2% @ 62 Assistant Finance Director 4 Pleasanton 15,761 $ 2,641$ 2.7% @ 55 2% @ 62 Assistant Finance Director 5S o u t h San Francisco 15,458 $ 2,006$ 2% @ 60 2% @ 62 Deputy Finance Director 6 Belmont 14,851 $ 2,228$ 2% @ 55 2% @ 62 Deputy Finance Director 7 Campbell 14,808 $ 2,285$ 2 % @ 60 2% @ 62 Finance Manager 8M e n l o Park 14,641 $ N/A 2% @ 60 2% @ 62 Finance and Budget Manager 9 Newark 13,992 $ 2,318$ 2.5% @ 55 2% @ 62 Accounting Manager 10 Burlingame 13,575 $ 2,684$ 2.5% @ 55 2% @ 62 Deputy Finance Director 11 San Bruno 12,109 $ 2,255$ 2.7% @ 55 2% @ 62 Accounting Manager 12 Mountain View 9,641$ 3,315$ 2.7% @ 55 2% @ 62 Assistant Finance & Administrative Services Director Foster City 13,896 $ 2,296$ 2.7% @ 55 2% @ 62 Assistant Finance Director Average after removing the high
(Redwood City) and low
(Mountain View)
14,750$
Average annualized (rounded) 177,000$
Foster City annualized 166,750 $
Difference 10,250 $
Agency Health
Contribution ‐
Retirement Notes
242

DATE: September 19, 2022

TO: Mayor and Members of the City Council
President and Members of the Estero Municipal Improvement District (EMID) Board of Directors

VIA: Stefan Chatwin, City/District Manager

FROM: Maria Saguisag-Sid, Human Resources Director

SUBJECT: CONSIDERATION OF THE AMENDED PAY PLAN FOR FISCAL YEAR 2022-2023

RECOMMENDATION

It is recommended that the City Council/Estero Municipal Improvement District Board of Directors (herein referred to as "City Council") adopt resolutions amending the City/District Pay Plan for Fiscal Year 2022-2023, effective September 19, 2022.

BACKGROUND/ANALYSIS

The City/District approves a Pay Plan at a regularly scheduled meeting as part of the budget adoption process and amends the Pay Plan if there are changes during the fiscal year. The following changes are being recommended for the City Council's consideration and approval.  Hourly Pay Rates: At this September 19, 2022 Council/Board meeting, the City Council considered the Compensation and Benefits Plan for Management Employees, which converted previously FLSA exempt positions into non-exempt positions, and listed those non-exempt positions in a new "Hourly" rate table. For consistency and clarity, the new Pay Plan lists all non-exempt positions as hourly rates instead of 243
monthly rates. Positions that are identified as exempt positions will continue to list monthly rates.
 New Assistant Finance Director Salary: Also at this September 19, 2022 Council/Board Meeting, the City Council considered the recommendation to amend the salary range for the Assistant Finance Director, to help with recruitment for this position that has been challenging to fill. The recommended salary is noted below.

Position Step 1 Step 2 Step 3 Step 4 Step 5
Assistant
Finance
Director
$12,134.83 $12,741.58 $13,378.67 $14,047.58 $14,750.00

To meet CalPERS requirements under Government Code 20636 and CCR section 570.5, which requires public agencies to provide a publicly available pay schedule, staff is bringing this forward to ensure the City's pay plan schedule is updated with non-exempt employees' existing monthly rates converted to hourly rates and the new pay rate for the Assistant Finance Director classification. Staff requests approval of the resolutions to approve the amended Pay Plan for Fiscal Year 2022-2023 which will be effective September 19, 2022. Upon approval, staff will publish the updated pay plan on the City's website for public access.

FISCAL IMPACT

The FY 2022-2023 Pay Plan will reflect the previously mentioned approved items that were brought forward and the fiscal impact was included in those respective staff reports. There is no fiscal impact with approving the amended pay plan.

CITY COUNCIL VISION, MISSION AND VALUE/PRIORITY AREA

These actions support the "Staff Empowerment and Operational Excellence" Value/Priority Area, allowing the organization to focus on key outcomes of attracting and retaining high-caliber talent to support service delivery. By meeting these key outcomes, the City will continue to be able to proactively provide exceptional service to our community.

244

Attachments:
 Attachment 1 - City Resolution
 Attachment 2 - EMID Resolution
 Attachment 3 - City/District Pay Plan for FY 2022-2023 245
RESOLUTION NO. _____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY

APPROVING AND ADOPTING THE AMENDED PAY PLAN EFFECTIVE SEPTEMBER 19, 2022

CITY OF FOSTER CITY
WHEREAS, the City Council approved Resolution No. 2022-80 on June 20, 2022, adopting the current Pay Plan for the City of Foster City; and WHEREAS, the City Council wishes to amend the Pay Plan to list the hourly pay rate for positions identified as non-exempt under the Fair Labor Standards Act; and WHEREAS, the City Council wishes to amend the Pay Plan to incorporate the revised monthly pay range for the Assistant Finance Director as follows:

Position Step 1 Step 2 Step 3 Step 4 Step 5
Assistant
Finance
Director
$12,134.83 $12,741.58 $13,378.67 $14,047.58 $14,750.00
; and
WHEREAS, the City Council of the City of Foster City must amend the current Pay Plan in order for the pay ranges to become effective.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Foster City that the updated Pay Plan as reflected in Exhibit A is hereby adopted effective September 19, 2022.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the Regular Meeting held on the 19 th day of September 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RICHA AWASTHI, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK
246
RESOLUTION NO. _____________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL

IMPROVEMENT DISTRICT APPROVING AND ADOPTING THE AMENDED PAY PLAN EFFECTIVE SEPTEMBER 19, 2022

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, the Board of Directors approved Resolution No.3661 on June 20, 2022, adopting the current Pay Plan for the District; and WHEREAS, the Board of Directors wishes to amend the Pay Plan to list the hourly pay rate for positions identified as non-exempt under the Fair Labor Standards Act; and WHEREAS, the Board of Directors wishes to amend the Pay Plan to incorporate the revised monthly pay range for the Assistant Finance Director as follows:

Position Step 1 Step 2 Step 3 Step 4 Step 5
Assistant
Finance
Director
$12,134.83 $12,741.58 $13,378.67 $14,047.58 $14,750.00
; and
WHEREAS, the Board of Directors of the Estero Municipal Improvement District must amend the current Pay Plan in order for the pay ranges to become effective.

NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Estero Municipal Improvement District that the updated Pay Plan as reflected in Exhibit A is hereby adopted effective September 19, 2022.

PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the Regular Meeting held on the 19th day of September 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________

RICHA AWASTHI, PRESIDENT
ATTEST:

PRISCILLA SCHAUS, DISTRICT SECRETARY
247
Exhibit A
City of Foster City / Estero Municipal Improvement District FY 2022-2023 Pay Plan
Effective September 19, 2022
Position Step 1 Step 2 Step 3 Step 4 Step 5
Monthly
Executive Management
City Manager 22,833.34$
Chief of Police 16,770.97 $ 17,609.52 $ 18,490.00 $ 19,414.51 $ 20,385.23 $ Assistant City Manager 15,131.74 $ 15,888.32 $ 16,682.74 $ 17,516.88 $ 18,392.71 $ Community Development Director 15,131.74 $ 15,888.32 $ 16,682.74 $ 17,516.88 $ 18,392.71 $ Director of Public Works 15,131.74 $ 15,888.32 $ 16,682.74 $ 17,516.88 $ 18,392.71 $ Communications Director / City Clerk 14,708.29 $ 15,443.71 $ 16,215.89 $ 17,026.69 $ 17,878.02 $ Deputy City Manager 14,708.29 $ 15,443.71 $ 16,215.89 $ 17,026.69 $ 17,878.02 $ Finance Director 14,708.29 $ 15,443.71 $ 16,215.89 $ 17,026.69 $ 17,878.02 $ Human Resources Director 14,708.29 $ 15,443.71 $ 16,215.89 $ 17,026.69 $ 17,878.02 $ Parks & Recreation Director 14,708.29 $ 15,443.71 $ 16,215.89 $ 17,026.69 $ 17,878.02 $ Other Management - Exempt
Police Captain 14,467.80 $ 15,191.19 $ 15,950.76 $ 16,748.30 $ 17,585.71 $ Police Lieutenant 12,497.84 $ 13,122.72 $ 13,778.86 $ 14,467.80 $ 15,191.19 $ Assistant Finance Director 12,134.88 $ 12,741.61 $ 13,378.70 $ 14,047.63 $ 14,750.00 $ Economic Development Manager 11,432.15 $ 12,003.75 $ 12,603.93 $ 13,234.12 $ 13,895.82 $ Information Technology Manager 11,432.15 $ 12,003.75 $ 12,603.93 $ 13,234.12 $ 13,895.82 $ Chief Building Official 11,267.12 $ 11,830.47 $ 12,421.99 $ 13,043.09 $ 13,695.24 $ Planning Manager 11,267.12 $ 11,830.47 $ 12,421.99 $ 13,043.09 $ 13,695.24 $ Engineering Manager 11,267.12 $ 11,830.47 $ 12,421.99 $ 13,043.09 $ 13,695.24 $ Public Works Maintenance Manager 10,982.23 $ 11,531.35 $ 12,107.91 $ 12,713.31 $ 13,348.97 $ Senior Civil Engineer 10,982.23 $ 11,531.35 $ 12,107.91 $ 12,713.31 $ 13,348.97 $ Principal Management Analyst 10,890.74 $ 11,435.29 $ 12,007.04 $ 12,607.40 $ 13,237.78 $ Financial Services Manager 10,890.74 $ 11,435.29 $ 12,007.04 $ 12,607.40 $ 13,237.78 $ Accounting Manager 10,372.13 $ 10,890.74 $ 11,435.29 $ 12,007.04 $ 12,607.40 $ Sr. Systems Analyst 9,568.73 $ 10,047.16 $ 10,549.52 $ 11,076.99 $ 11,630.84 $ Senior Management Analyst 9,568.73 $ 10,047.16 $ 10,549.52 $ 11,076.99 $ 11,630.84 $ Management Analyst II 9,488.41 $ 9,962.82 $ 10,460.96 $ 10,984.01 $ 11,533.22 $ Associate Civil Engineer 9,488.41 $ 9,962.82 $ 10,460.96 $ 10,984.01 $ 11,533.22 $ Building and Vehicle Maintenance Manager 9,464.16 $ 9,937.36 $ 10,434.22 $ 10,955.93 $ 11,503.73 $ Parks Maintenance Manager 9,464.16 $ 9,937.36 $ 10,434.22 $ 10,955.93 $ 11,503.73 $ Public Works Maintenance Superintendent 9,464.16 $ 9,937.36 $ 10,434.22 $ 10,955.93 $ 11,503.73 $ Recreation Manager 9,464.16 $ 9,937.36 $ 10,434.22 $ 10,955.93 $ 11,503.73 $ Senior Accountant 9,311.31 $ 9,776.88 $ 10,265.74 $ 10,779.03 $ 11,317.97 $ Senior Planner 9,206.70 $ 9,667.04 $ 10,150.40 $ 10,657.92 $ 11,190.82 $ Senior Human Resources Analyst 9,083.46 $ 9,537.63 $ 10,014.51 $ 10,515.23 $ 11,040.99 $ Associate Planner 8,768.29 $ 9,206.70 $ 9,667.04 $ 10,150.40 $ 10,657.92 $ Human Resources Manager 8,768.29 $ 9,206.70 $ 9,667.04 $ 10,150.40 $ 10,657.92 $ Management Analyst I 8,606.26 $ 9,036.58 $ 9,488.41 $ 9,962.82 $ 10,460.96 $ Assistant Engineer 8,606.26 $ 9,036.58 $ 9,488.41 $ 9,962.82 $ 10,460.96 $ Assistant Planner 7,953.09 $ 8,350.75 $ 8,768.29 $ 9,206.70 $ 9,667.04 $ Junior Engineer 7,806.12 $ 8,196.43 $ 8,606.26 $ 9,036.58 $ 9,488.41 $ Accountant II 7,660.45 $ 8,043.46 $ 8,445.63 $ 8,867.91 $ 9,311.31 $ Human Resources Analyst 7,525.35 $ 7,901.63 $ 8,296.70 $ 8,711.54 $ 9,147.11 $ Technology Analyst II 7,525.35 $ 7,901.63 $ 8,296.70 $ 8,711.54 $ 9,147.11 $ Communications Manager 7,398.63 $ 7,768.56 $ 8,156.98 $ 8,564.83 $ 8,993.07 $ Accountant I 6,948.26 $ 7,295.67 $ 7,660.45 $ 8,043.46 $ 8,445.63 $ Management Assistant to the City Manager 6,830.82 $ 7,172.36 $ 7,530.97 $ 7,907.52 $ 8,302.89 $ Management Coordinator 6,830.82 $ 7,172.36 $ 7,530.97 $ 7,907.52 $ 8,302.89 $ Records Analyst II 6,710.77 $ 7,046.31 $ 7,398.63 $ 7,768.56 $ 8,156.98 $ Technology Analyst I 6,500.68 $ 6,825.71 $ 7,167.00 $ 7,525.35 $ 7,901.63 $ Payroll Technician 6,500.66 $ 6,825.69 $ 7,166.99 $ 7,525.34 $ 7,901.61 $ Management Assistant 6,195.77 $ 6,505.55 $ 6,830.82 $ 7,172.36 $ 7,530.97 $ Records Analyst I 6,086.88 $ 6,391.22 $ 6,710.77 $ 7,046.31 $ 7,398.63 $

Page 1 ends

248
Exhibit A
City of Foster City / Estero Municipal Improvement District FY 2022-2023 Pay Plan
Effective September 19, 2022
Position Step 1 Step 2 Step 3 Step 4 Step 5
Other Management - Non-Exempt
Deputy City Clerk 42.6844 $ 44.8186 $ 47.0595 $ 49.4125 $ 51.8831 $ Police Records Supervisor 42.3050 $ 44.4202 $ 46.6412 $ 48.9733 $ 51.4220 $ Housing Coordinator 49.6515 $ 52.1341 $ 54.7408 $ 57.4778 $ 60.3517 $ Human Resources Technician 35.7448 $ 37.5320 $ 39.4086 $ 41.3790 $ 43.4479 $ AFSCME - Maintenance Unit
Public Works Lead Maintenance Worker 40.1053 $ 42.1106 $ 44.2161 $ 46.4269 $ 48.7482 $ Building Lead Maintenance Worker 39.3736 $ 41.3423 $ 43.4094 $ 45.5799 $ 47.8589 $ Parks Lead Maintenance Worker 39.3736 $ 41.3423 $ 43.4094 $ 45.5799 $ 47.8589 $ Irrigation Technician 39.3736 $ 41.3423 $ 43.4094 $ 45.5799 $ 47.8589 $ Mechanic I 38.9202 $ 40.8662 $ 42.9095 $ 45.0550 $ 47.3077 $ Building Maintenance Worker II 37.0696 $ 38.9231 $ 40.8693 $ 42.9128 $ 45.0584 $ Public Works Maintenance Worker II 36.3767 $ 38.1955 $ 40.1053 $ 42.1106 $ 44.2161 $ Parks Maintenance Worker II 35.7130 $ 37.4987 $ 39.3736 $ 41.3423 $ 43.4094 $ Equipment Maintenance Worker 35.3018 $ 37.0669 $ 38.9202 $ 40.8662 $ 42.9095 $ Building Maintenance Worker I 33.6232 $ 35.3044 $ 37.0696 $ 38.9231 $ 40.8693 $ Public Works Maintenance Worker I 32.9948 $ 34.6445 $ 36.3767 $ 38.1955 $ 40.1053 $ Parks Maintenance Worker I 32.3928 $ 34.0124 $ 35.7130 $ 37.4987 $ 39.3736 $ Public Works Maintenance Worker 29.9272 $ 31.4236 $
Parks Maintenance Worker 29.3812 $ 30.8503 $
AFSCME - General Unit
Plans Examiner 57.4858 $ 60.3601 $ 63.3781 $ 66.5470 $ 69.8744 $ Sr. Bldg Inspector 52.1413 $ 54.7484 $ 57.4858 $ 60.3601 $ 63.3781 $ Building Inspector 47.2937 $ 49.6584 $ 52.1413 $ 54.7484 $ 57.4858 $ Sr. Engineering Technician 41.9548 $ 44.0525 $ 46.2551 $ 48.5679 $ 50.9963 $ Recreation Coordinator II 41.4501 $ 43.5226 $ 45.6987 $ 47.9836 $ 50.3828 $ Social Media / Communitcation Assistant 39.4086 $ 41.3790 $ 43.4479 $ 45.6203 $ 47.9013 $ Administrative Assistant II 38.4133 $ 40.3340 $ 42.3507 $ 44.4682 $ 46.6916 $ Recreation Coordinator I 37.5965 $ 39.4763 $ 41.4501 $ 43.5226 $ 45.6987 $ Code Enforcement Officer II 37.5319 $ 39.4085 $ 41.3789 $ 43.4478 $ 45.6202 $ Senior Accounting Specialist 35.3789 $ 37.1478 $ 39.0052 $ 40.9555 $ 43.0033 $ Administrative Assistant I 34.8420 $ 36.5841 $ 38.4133 $ 40.3340 $ 42.3507 $ Sr. Comm. Services Officer 34.0427 $ 35.7448 $ 37.5320 $ 39.4086 $ 41.3790 $ Code Enforcement Officer I 34.0427 $ 35.7448 $ 37.5320 $ 39.4086 $ 41.3790 $ Accounting Specialist 33.6942 $ 35.3789 $ 37.1478 $ 39.0052 $ 40.9555 $ Building Services Coordinator 33.6232 $ 35.3044 $ 37.0696 $ 38.9231 $ 40.8693 $ Police Records Specialist 33.1918 $ 34.8514 $ 36.5940 $ 38.4237 $ 40.3449 $ Building Permit Technician 33.1918 $ 34.8514 $ 36.5940 $ 38.4237 $ 40.3449 $ Office Assistant II 30.7981 $ 32.3380 $ 33.9549 $ 35.6526 $ 37.4352 $ Office Assistant I 27.9348$ 29.3315 $
FCPOA
Police Sergeant 63.3375 $ 66.5044 $ 69.8296 $ 73.3211 $ 76.9872 $ Police Corporal 57.8712 $ 60.7648 $ 63.8030 $ 66.9932 $ 70.3429 $ Police Dispatch Supervisor 53.3087 $ 55.9741 $ 58.7728 $ 61.7114 $ 64.7970 $ Police Officer 52.4049 $ 55.0251 $ 57.7764 $ 60.6652 $ 63.6985 $ Lead Police Dispatcher 50.2962 $ 52.8110 $ 55.4516 $ 58.2242 $ 61.1354 $ Police Officer Recruit 47.5328 $ 49.9094 $
Police/Fire Dispatcher 45.6201 $ 47.9011 $ 50.2962 $ 52.8110 $ 55.4516 $ Hourly / Part-Time / Seasonal
Building Services Coordinator Assistant 17.21$ 17.81 $ 18.44 $ 19.08 $ 19.75 $ Recreation Leader III 18.07 $ 18.71 $ 19.36 $ 20.04 $ 20.74 $ Recreation Leader II 16.87 $ 17.46 $ 18.07 $ 18.70 $ 19.36 $ Building Serv.Assistant 15.75 $ 16.30 $ 16.87 $ 17.46 $ 18.07 $ Hourly

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249
Exhibit A
City of Foster City / Estero Municipal Improvement District FY 2022-2023 Pay Plan
Effective September 19, 2022
Position Step 1 Step 2 Step 3 Step 4 Step 5
Hourly
Hourly / Part-Time / Seasonal
Clerical Assistant 15.75 $ 16.30 $ 16.87 $ 17.46 $ 18.07 $ Recreation Leader I 15.75 $ 16.30 $ 16.87 $ 17.46 $ 18.07 $ Department Intern 15.75 $ 30.00 $
Videographer 20.00 $ 30.00 $

Page 3 ends

250

DATE: September 19, 2022

TO: Mayor and Members of the City Council

VIA: Stefan Chatwin, City Manager

FROM: Marlene Subhashini, Community Development Director

SUBJECT: CONTINUED CITY COUNCIL PUBLIC HEARING ITEM FROM AUGUST 15, 2022 REGARDING CONSIDERATION OF
APPEAL OF PLANNING COMMISSION’S DENIAL OF

RECOMMENDATION TO CITY COUNCIL TO AMEND THE

FOSTER CITY ZONING MAP TO MODIFY THE PREVIOUSLY

APPROVED GENERAL DEVELOPMENT PLAN (GDP) AND
DENIAL OF SPECIFIC DEVELOPMENT PLAN/USE PERMIT;

AND CONSIDERATION OF PLANNING COMMISSION

RECOMMENDATION TO CITY COUNCIL TO CERTIFY THE

FINAL ENVIRONMENTAL IMPACT REPORT (EIR) INCLUDING

ADOPTION OF FINDINGS UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) AND STANDARD

CONDITIONS OF APPROVAL AND MITIGATION MONITORING

AND REPORTING PROGRAM (SCAMMRP) RELATED TO THE
PROPOSED APPROXIMATELY 124,395 SQUARE-FOOT,

FOUR-STORY RESEARCH AND DEVELOPMENT LIFE
SCIENCES OFFICE USE LOCATED AT 388 VINTAGE PARK
DRIVE – APN 094-901-270 – W-SW 388 OWNER IX, L.P.

STEELWAVE CDS, LLC (OWNER AND APPELLANTS) –
EA2021-0001, RZ2021-0003 AND UP2021-0023

RECOMMENDATION

It is recommended that the City Council consider the Planning Commission’s actions on three (3) project applications and a request for appeal of Planning 251
Commission denial related to the proposed approximately 124,395 square- foot, four-story 81-foot tall Research and Development (R&D) Life Sciences Office use located at 388 take Vintage Park, take public comment on the project applications, deliberate and take the following actions to approve the proposed project:

1. Adopt the attached Resolution (Attachment 1) certifying the Final Environmental Impact Report (EIR) including adoption of findings under the California Environmental Quality Act (CEQA) and Standard Conditions of Approval and Mitigation Monitoring and Reporting Program (SCAMMRP) for the proposed approximately 124,395 square- foot, four-story 81-foot tall Research and Development (R&D) Life Sciences Office use located at 388 Vintage Park – EA2021-0001; and

2. Introduce, and pass to second reading, an Ordinance (Attachment 2) of an amendment to the Foster City Zoning Map to modify the previously approved General Development Plan (GDP) for the + 132-acre lands known as Vintage Park to allow the proposed development of 388 Vintage Park Drive – RZ2021-0003; and

3. Adopt the attached Resolution (Attachment 3) granting an Appeal and overturning a decision of the Planning Commission denying the Specific Development Plan/Use Permit for the 124,395 square-foot R&D Life Science Office use at 388 Vintage Park Drive filed by SteelWave and Helios – UP2021-0023

EXECUTIVE SUMMARY

The 388 Vintage Park project is proposed on a 2.2-acre parcel located at 388 Vintage Park Drive (on the former El Torito Restaurant site), at the intersection of Vintage Park Drive and Chess Drive (“project”). The subject site is located in the Vintage Park GDP area. Planning applications associated with the project include a Rezoning/GDP amendment to the Vintage Park GDP to allow an R&D Life Sciences Office use to replace the previously approved restaurant use (filed as RZ2021-0003), an Environmental Assessment (filed as EA2021-0001) including preparation of an EIR that analyzes the environmental impacts associated with the project and a Specific Development Plan/Use Permit (filed as UP2021-0023) to construct an approximately 124,395 square-foot, four-story 81-foot tall R&D Life Sciences Office building with associated parking, circulation, loading zones, and site improvements at the previously developed restaurant site.

252
Project applications were reviewed at eight (8) public meetings including the most recent Planning Commission Public Hearing on July 7, 2022 and City Council Public Hearing on August 15, 2022. At the July 7, 2022 Public Hearing, the Planning Commission voted to recommend City Council approval of the final EIR and SCAMMRP but denied the request to amend the Vintage Park GDP and the Use Permit for the proposed project. At the August 15, 2022 meeting, the City Council considered the Planning Commission’s actions related to the three (3) project applications and a request for appeal of Planning Commission denial related to the proposed project, opened a public hearing, receiving public testimony on the project applications and the appeal in accordance with the City’s adopted procedures, closed the public hearing and deliberated on the proposed project. Overall, the Council was supportive of the proposed project and found that the EIR and the technical studies prepared for the project were satisfactory. After further deliberation and taking all the public comments into consideration with respect to prevailing wages and use of union labor, the City Council adopted Minute Order No. 1868 directing staff to bring back a resolution to approve the appeal and directing the appellant to work together with unions to resolve prevailing wage issue (passed 4-1-0 with Councilmember Froomin voted “no”).

Following the City Council meeting, the City received a letter of commitment dated August 31, 2022 (Attachment 4) from the project applicant SteelWave and Helios. In summary, the applicant has committed to fair construction practices including 100% prevailing wage for all labor on the project with a preference towards local hiring and use of union labor for all major design build trades as well as carpentry. Furthermore, the applicant has committed to contributing an additional $300,000 towards the Community Benefit Fund.

BACKGROUND/ANALYSIS

The subject 2.2-acre site is located at the intersection of Vintage Park Drive and Chess Drive at the municipal boundary between Foster City and San Mateo, which runs along the western edge of the subject site. The site was previously occupied by a standalone El Torito restaurant building. The subject site also lies within the Vintage Park Community Association (VPCA). A small park owned by VPCA lies adjacent to the subject site to the South.

The proposed project includes:

1. Demolition of an approximately 10,120 square-foot vacant commercial building, most recently occupied by El Torito restaurant. 253

2. 95,931 gross sq. ft. of a new R&D life sciences office use (FAR 1.0), approximately 50 percent of which would be laboratory space and 50 percent would be office space

3. 4-story building with three (3) stories of R&D life sciences office use over one (1) level of parking.

4. Construction of ground-level parking podium and surface parking totaling 210 vehicle parking spaces, as well as 16 motorcycle and 20 bicycle parking spaces.

5. An outdoor roof terrace at the 4th level for employee amenity use.

6. Ingress-egress via two (2) existing curb cuts, one (1) on Vintage Park Drive and one (1) on Chess Drive.

7. Existing VPCA landscape/park to remain.

8. Spec building – no specific tenant identified at this time

9. LEED Silver equivalent

The current zoning designation for the site is established in the Vintage Park GDP originally approved in 1981 (Ordinance 223), which reclassified approximately 132-acre land known as Vintage Park as a Commercial Mix/Planned Development (C-M/PD) District with a GDP designation. The Vintage Park GDP was amended over the years to accommodate various land use changes in the Vintage Park area. The Vintage Park GDP currently designates the subject site as a restaurant site. Of the 132-acre land in Vintage Park, 57-acre portion was allowed for development of up to ± 202,158 sq. ft. of office space; up to ± 112,368 sq. ft. of research and development space; up to two (2) hotels with a total of 475 rooms of up to ± 353,246 sq. ft. and up to ± 18,994 sq. ft. of restaurant space; and a one-acre lake/open space area. On May 18, 2015, as part of the redevelopment of the former Harry’s Hofbrau restaurant, the Vintage Park GDP on the 57-acre portion of Vintage Park was amended to decrease the restaurant area from 18,994 sq. ft. to 15,348 sq. ft. and allow up to 6,455 sq. ft. of fast-casual dining or retail space in order to allow the mixed restaurant and retail building located at 1297 Chess Drive (Ordinance No. 594).

On September 28, 2020, a Preliminary Review Application was submitted by the Applicant to redevelop the vacant El Torito restaurant into a 95,931 square foot Life Sciences office building. Formal application for an Environmental Assessment (EA2021-0001) was submitted on February 12, 2021 and applications for the GDP Amendment/Rezoning (RZ2021-0002) and Specific Development Plan/Use Permit (UP2021-0023) were submitted on April 21, 2021. For additional background on the proposed project 254
timeline, refer to the August 15, 2022 City Council Staff Report (Attachment 5). Prior meeting materials and other supplemental information can also be accessed online by clicking on the project webpage: link.

Environmental Assessment under CEQA

The basic purpose of CEQA is to inform decision makers and the public about potential environmental effects of a project, identify ways environmental damage could be avoided or reduced, prevent damage by requiring changes or mitigation measures, and to disclose why a governmental agency approved a project in the manner it did if significant environmental effects are involved. The purpose of CEQA is not to dictate the outcome of the proposed project. The purpose of an EIR is to “identify the significant effects on the environment of a project, to identify alternatives to the project, and to indicate the manner in which those significant effects can be mitigated or avoided” (CEQA, Section 21002.1).

A full draft EIR analysis pursuant to CEQA was completed for the project (EA2021-0001). On July 21, 2021, the City circulated a Notice of Preparation (NOP) to help identify the types of potential impacts that could result from the proposed project. A Planning Commission Scoping Meeting was held on August 12, 2021 to identify topics appropriate for review under the provisions of CEQA and analysis in the EIR. The Draft EIR for the proposed project was published on December 17, 2021 with the public review period ending January 31, 2022, a period in excess of the required 45 days. All comments received were responded to and posted as part of the April 7, 2022, May 5, 2022, and July 7, 2022 Planning Commission packages. The Responses to Comments (RTC) to the Draft EIR and the Draft EIR constitutes as the Final EIR for the proposed project. Both documents are available on the City’s project webpage.

The EIR concluded that the construction and operation of the project would not result in significant unavoidable impacts to the physical environment as it pertains to the City’s thresholds. Significant impacts were identified under Biological Resources, Noise and Transportation. Standard Conditions of Approval and Mitigation Measures were added to the project to implement mitigation measures BIO-1, BIO-2, NOI-1, and TRA-1 to reduce the impacts to less than significant levels. Impacts related to all other resource areas under CEQA were deemed to be less than significant.

At the July 7, 2022 Public Hearing, the Planning Commission found that the 255
EIR is adequate and approved Resolution No. P-11-22 (passed 4-0-1 Yes:

Bronitsky, Adams, Jagtiani, and Haddad, Absent: Venkat) to recommend to City Council an approval of the EIR and the SCAMMRP (Attachment 6).

Rezoning/General Development Plan Amendment – RZ2021-0002 and Specific General Development Plan/Use Permit – UP2021-0023

The General Plan land use designation for the subject site is Research/Office Park, and the Zoning is C-M/PD (Commercial Mix District/Planned Development Combining District). The subject site is part of the 57-acre portion of the overall 132-acre Vintage Park GDP. The Vintage Park GDP, which is part of the City’s zoning map, designates the subject site for restaurant use. The proposed change of use from restaurant to life sciences office use would require an amendment to the Vintage Park GDP. As stated in the Planning Commission Staff Reports, the request to rezone and amend the Vintage Park GDP to allow a life sciences office use was found by staff to be consistent with the “Research/Office Park” land use designation for the subject site within the adopted General Plan and the Floor Area Ratio of 1.0.

“Research/Office Park. Areas with this designation contain office, research and development, and manufacturing establishments whose operations are clean and quiet. Mixed-use projects which include some retail and residential uses in addition to office and research uses may, under certain conditions, be considered compatible with this designation. Such conditions include compatibility of uses and project design (land planning, architecture, etc.).

Vintage Park, the Lincoln Centre area, the Mariners Golf site, and the Bayside Towers development are all designated for Research/Office Park use.…”

In reviewing the request for the rezoning/amendment to the Vintage Park GDP and the Use Permit for the proposed project, staff evaluated the project for consistency with the General Plan land use designation, General Plan Goals and Policies, the Zoning designation of the subject City, the Foster City Municipal Code (Chapters 2.28, 17.06, 17.28, 17.36, 17.58, 17.62 and 17.74) and the Vintage Park Design Guidelines.

In considering whether to grant or deny a Use Permit, FCMC Section

17.06.070 states that, “upon receipt of the application for a use permit, the planning commission shall determine whether or not the establishment, maintenance or cooperation of the use applied for will, under the circumstances of the particular case, be detrimental to the health, safety, 256
morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use, or whether it will be injurious or detrimental to property and improvements in the neighborhood or the general welfare of the city…”

The City’s 2025 General Plan anticipated the need for flexibility in responding to potential changing economic conditions that may affect neighborhood shopping centers and other commercial and industrial areas including addressing the long-term housing, employment, and City fiscal needs. The project was found to be consistent with the following General Plan land use policies and goals:

Table 1. General Plan Land Use Goals and Policies

257

In addition to the project’s consistency with the above General Plan Land Use Goals and Policies, the EIR on page 70, includes Table 4.1.A Relationship of the Proposed Project to Relevant Plans and Policies including General Plan goals and policies pertaining to Noise Element, Parks and Open Space Element, Local Hazard Mitigation Plan & Safety Element, and Conservation Element.

At the July 7, 2022 Public Hearing, the Planning Commission denied a Resolution recommending City Council approval of an amendment to the Vintage Park GDP to allow the proposed project (passed 3-1-1 Yes:

Bronitsky, Adams, and Jagtiani, No: Haddad, Absent: Venkat). The Commission also denied the approval of the Specific Development Plan/Use Permit (passed 3-1-1 Yes: Bronitsky, Adams, and Jagtiani, No: Haddad,

Absent: Venkat). In summary, the Commissioners who voted against the project were supportive of a mixed use at the site instead of the proposed single use as a life sciences office building and expressed concerns such as loss of community benefit due to the loss of a restaurant amenity, prevailing wages, local hiring preferences, traffic, effectiveness of TDM program, etc.

Following the Planning Commission’s action on July 7, 2022, the City received an appeal from W-SW 388 Owner IX, L.P. c/o SteelWave CDS, LLC (Owner, Applicant and Appellant) on July 18, 2022 for reversal of the Planning Commission’s recommendation to the City Council to deny the GDP 258
amendment and the Planning Commission’s decision to deny the Use Permit (“Appeal”). In a memo dated July 18, 2022, the Appellant provided justifications and findings in support of the project. To summarize, the Appellant reiterated the findings in the technical studies prepared by BAE Urban Economics (‘BAE’) and peer reviewed by an independent consultant Harris and Associates that the site cannot support a standalone or mixed-use restaurant due to the lack of visibility, proper circulation, and other site constraints. Additionally, a mixed-use (life sciences and restaurant building) and residential development were determined to not be financially viable. The Appellant noted the challenges with the size of the site and soil conditions to accommodate additional parking generated from a multi-use building. The memo included a list of project benefits such as: removal of blight, a mix of new jobs to support existing businesses while marginally increasing the demand of housing by up to 17 units, payment of the Affordable Housing Commercial Linkage Fee, new general fund revenues in the form of annual tax revenue, reduced trips due to the less intense R&D/life science and office use when compared to a restaurant use that generates more peak time traffic, reduced trip counts from a single R&D/life science facility when compared to a mixed-use such as R&D/life science and restaurant use; reduce water usage compared to the previous restaurant use, and voluntary compliance of prevailing wages including a preference towards local hire if desired by the City Council.

At the August 15, 2022 City Council meeting, the City Council considered the Planning Commission’s actions related to the three (3) project applications.

The City Council was generally supportive of the project. The City Council stated that the project is in conformance with the City’s General Plan, is consistent with the existing surrounding neighborhoods, and that a restaurant is not a viable use for the site. The City Council also found that the concerns pertaining to transportation, hazards, job-housing imbalance, and potential alternative uses at the site were addressed in the supporting materials such as the EIR, technical studies and the fiscal analysis. After further deliberation and consideration of the public comments, the City Council directed staff to bring back a resolution to approve the appeal and project with additional direction to the appellant to work together with the unions to resolve prevailing wage issue (passed 4-1-0 with Councilmember Froomin voted “no”). For a complete background on the bases for appeal and staff comments in response to the appeal, refer to the August 15, 2022 City Council Staff Report (Attachment 5) and minutes of the July 7, 2022 Planning Commission Meeting (Attachment 7).

259
Since the August 15, 2022 City Council meeting, the appellant and applicant of the project submitted to the City a letter of commitment dated August 31, 2022 (Attachment 4). In summary, the applicant has committed to fair construction practices including 100% prevailing wage for all labor on the project with a preference towards local hiring and use of union labor for all major design build trades as well as carpentry. Even though the applicant is eligible for a partial rebate of the Affordable Housing Commercial Linkage fees under the provisions of FCMC Section 17.88.030.E, they understand the importance of affordable housing and are not seeking a rebate and are committing to paying 100% of the affordable housing linkage fees.

Furthermore, the applicant has committed to contributing an additional $300,000 towards the Community Benefit Fund. In order to ensure that the applicant complies with their commitment, staff has called out the specifics of their commitment as a project Condition of Approval (COA #1.2) as noted below and attached their letter of commitment as Exhibit A-1 in the Resolution approving the Use Permit (Attachment 3).

COA 1.2 “………… In addition, SteelWave and Helios Real Estate shall commit to fair construction practices including 100% prevailing wage for all labor on the project with a preference towards local hiring; contract with union labor for all major design build trades as well as union carpentry, full payment of the affordable housing linkage fees, and an additional $300,000 towards the Foster City Community Benefit Fund as outlined in their letter of commitment dated August 31, 2022 and attached as Exhibit A-1."

CONCLUSION

The Vintage Park area has been established as a business and working community tightly integrating the various land uses within and surrounding the site. While there are many factors that need to be taken into consideration when evaluating requests for change in uses including but not limited to consistency with the General Plan and Zoning Code, providing community amenities, maintaining diversity of land uses, market conditions, community needs, environmental impacts, economic development, etc., this part of Vintage Park has experienced a transition over the years resulting in amendments to the Vintage Park GDP.

The proposed project would redevelop a vacant underutilized site. As stated above, the project is consistent with applicable General Plan policies and goals such as (Table 1). Furthermore, the project is in conformance with the 260
City’s standards pertaining to height, setbacks, architectural standards, applicable design guideline such as the Vintage Park Design Guidelines, massing, circulation, parking, and environmental assessment. The project would implement all COAs as stated in Attachment 3 and supplemental Mitigation Monitoring Reporting Program (MMRP) to reduce environmental effects during construction and operation.

As the project is consistent with the City’s major General Plan Goals and Policies, Municipal Code, and the project provides feasible mitigation measures to reduce environmental impacts identified in the subject EIR, staff recommends that the City Council approve the three (3) applications for the proposed approximately 124,395-square-foot, four-story (81-foot-tall including mechanical penthouse) Research and Development (R&D) Office building including 210 parking spaces located at 388 Vintage Park Drive at the intersection of Vintage Park Drive and Chess Drive in the Vintage Park Neighborhood.

FISCAL IMPACT

Should the Council consider approval of the proposed project, the project will generate both one-time revenues as well as ongoing annual revenues. The approximate estimate is listed below:

One-Time contribution to the Community Benefit Fund – $300k One-Time Affordable Housing Impact Fee/Commercial Linkage Fee – $2.8 million
One-Time Development Impact Fees (based on 50% lab and 50% office) – $770k
Ongoing Tax revenues for the City – $286k annually
One-Time Property Transfer Tax - $7,200
One-Time Permit Fees – $1.1 million
One-Time School Fees – $82k
Potential Additional Revenues from Business License Tax – Up to $27k per business license plus CPI annually
Potential Business-to-Business Sales Tax – $24k to $48k annually (could be higher depending on future tenant)
Potential Transit Occupancy Tax revenue – $12k annually

Denial of the proposed project would result in a negative fiscal impact with no revenue generation until such time the site becomes occupied.

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CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA

This action is in alignment with the City Council’s Vision and Mission for “Smart Planning, Development, and the Local Economy” Value/Priority area to protect, maintain, and enhance our community character through “thoughtful planning and economic development policies.”

The proposed project would redevelop an underutilized site and the development of the new Research and Development (R&D) Life Sciences Office would result in an attractive and high-quality building. Furthermore, the project would be consistent with its neighboring land uses, adding to the R&D portfolio of the City with contribution to the City as a whole by generating additional employment opportunities via construction and operation, contributing to impact fees for public facilities upgrade, and ultimately advancing the City’s financial stability through diversification of the local economy.

NEXT STEPS

Certification of the EIR (EA2021-0001), approval of the CEQA Findings, and adoption of the Standard Conditions of Approval and Mitigation Monitoring and Reporting Program (SCAMMRP) and approval of an amendment to the Vintage Park GDP is necessary in order to allow the proposed development of 388 Vintage Park Drive and for the Specific Development Plan/Use Permit (UP2021-0023) to be valid. Should the City Council adopt the Ordinance authorizing amendment to the General Development Plan/Rezoning (RZ2021-0003), with passage to second reading, the Ordinance, and, therefore, the Specific Development Plan/Use Permit, would take effect thirty (30) days thereafter.

ATTACHMENTS
 Attachment 1 - Resolution - Final EIR EA2021-0001
 Attachment 2 - Ordinance
 Attachment 3 - Resolution - Use Permit UP2021-0023
 Attachment 4 - SteelWave and Helios Letter of Commitment dated August 31, 2022
 Attachment 5 - August 15, 2022 City Council Staff Report  Attachment 6 - Planning Commission Resolution No. P-11-22 262
 Attachment 7 - July 7, 2022 Planning Commission Regular Meeting Minutes

LINK TO PREVIOUS STAFF REPORTS
 January 19, 2021 City Council Regular Meeting
 August 12, 2021 Planning Commission Special Meeting/Study Session  November 18, 2021 Planning Commission Study Session
 January 25, 2022 Planning Commission Adequacy Hearing  May 5, 2022 Planning Commission Regular Meeting
 July 7, 2022 Planning Commission Regular Meeting
 August 15, 2022 City Council Regular Meeting
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RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY

CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR) AND ADOPTING

THE FINDINGS AND STANDARD CONDITIONS OF APPROVAL AND MITIGATION

MONITORING AND REPORTING PROGRAM (SCAMMRP) UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) FOR CONSTRUCTION OF A FOUR- STORY, APPROXIMATELY 124,395 SQUARE-FOOT RESEARCH AND
DEVELOPMENT (R&D) OFFICE BUILDING LOCATED AT 388 VINTAGE PARK DRIVE – NEIGHBORHOOD VP – W-SW 388 OWNER IX L.P. C/O STEELWAVE CDS, LLC – APN 094-901-270 – EA2021-0001

CITY OF FOSTER CITY
WHEREAS, DES Architects + Engineers, as project applicant, on behalf of the property owner, SteelWave CDS, LLC, has requested City Council approval of a new approximately 124,395-square-foot, four-story Research and Development (R&D) office building including 210 parking spaces including an Environmental Assessment (filed as EA2021-0001) and a General Development Plan/Rezoning (filed as RZ2021-0003) amending the Vintage Park General Development Plan for the proposed project located at 388 Vintage Park Drive at the northwest corner of Vintage Park Drive and Chess Drive (APN 094-901-270) in the Vintage Park neighborhood; and WHEREAS, the City of Foster City, in accordance with the requirements of the California Environmental Quality Act (“CEQA”), the State CEQA Guidelines adopted by the Secretary of Resources, and the City of Foster City Environmental Review Guidelines, has prepared an Environmental Impact Report (“EIR”) (SCH #2021070398) Standards Conditions and Mitigation Monitoring and Reporting Program (SCAMMRP), and CEQA Findings, which, combined, adequately analyze the environmental impacts of the proposed Project and mitigate the potential environmental impacts such that they are reduced to levels below established thresholds of significance (EA2021-0001); and WHEREAS, a Notice of Preparation (NOP) of an EIR for the project was prepared and circulated for the required 30-day public review period commencing on July 21, 2021 and ending on August 19, 2021; and
WHEREAS, proposed plans for the Project were presented to the Planning Commission at two (2) public study sessions (August 12, 2021 and November 18,2021); and
WHEREAS, on August 12, 2021, a Public Scoping Session to solicit feedback on the scope and content of the environmental topics to be included in the EIR was held in conjunction with the Planning Commission meeting; and

WHEREAS, a Draft EIR (December 2021) was prepared by LSA Associates, Inc. and circulated by the City for the required 45-day public review period commencing on December 17, 2021 and ending on January 31, 2022; and

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WHEREAS, on December 17, 2021, the City transmitted for filing a Notice of Completion (NOC) of the Draft EIR and, in accordance with the requirements of CEQA and provisions of the State CEQA Guidelines, forwarded the Draft EIR to the State Clearinghouse for distribution to those State agencies having discretionary approval of, or jurisdiction by law over, natural resources affected by the Project; and

WHEREAS, the City provided notice to all interested persons and agencies inviting comments on the Draft EIR in accordance with the provisions of CEQA, the State CEQA Guidelines and the City of Foster City Environmental Review Guidelines; and

WHEREAS, on January 25, 2022, a noticed Public Hearing was held to receive comments on the adequacy of the Draft EIR; and

WHEREAS, a Final Response to Comments Memorandum dated March 1, 2022 was prepared by LSA Associates, Inc. incorporating responses to comments received on the Draft EIR; and

WHEREAS, a Notice of Public Hearing was duly posted for consideration of the Final EIR consisting of the Draft EIR and Response to Comments document dated March 1, 2022 including consideration of the SCAMMRP dated February 2022 and Statement of Findings under CEQA at the Planning Commission meeting on April 7, 2022; and WHEREAS, due to two of the Commissioners being absent on April 7, 2022, at the request of the Applicant, the Planning Commission voted to continue the item to the May 5, 2022 Regular meeting; and
WHEREAS, at the May 5, 2022 Public Hearing, the Planning Commission continued the item to a date uncertain to allow for staff to research and provide clarifications related to prevailing wage and local hire requirements, jobs-housing imbalance, TDM effectiveness, and transportation effects; and WHEREAS, at the July 7, 2022 public hearing, the Planning Commission, by adoption of Resolution P-11-22, on a vote of 4-0-1 recommended that the City Council certify the Final EIR and adopt the SCAMMRP and Statement of Findings under CEQA; and
WHEREAS, a Notice of Public Hearing was duly posted for consideration of the Final EIR and Planning Commission recommendation and actions on the project at the City Council meeting on August 15, 2022, and, on said date, the Public Hearing was opened, held and closed; and
WHEREAS, at the August 15, 2022 City Council Regular Meeting, the City Council found that the project provides feasible mitigation measures to reduce environmental impacts identified in the subject EIR and adopted Minute Order No. 1868 directing staff to bring back a resolution to approve the appeal and directing the appellant to work together with unions to resolve prevailing wage issue (passed 4-1-0 with Councilmember Froomin voted “no”); and
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WHEREAS, the City Council of the City of Foster City has reviewed and considered the proposed project, all written correspondence, verbal testimony, staff reports, and supporting documents and reports prepared, and the information contained in the Final EIR; and

WHEREAS, copies of the Final EIR and other documents and materials which constitute the records of the proceedings upon which this decision is based are available for public review on the City of Foster City website and from the custodian of these records, namely, the Community Development Department, located at City Hall, 610 Foster City Boulevard, Foster City; and
WHEREAS, a lead agency must adopt a SCAMMRP for changes to a project that it adopts or makes a condition of project approval in order to ensure compliance with the measures during project implementation; and

WHEREAS, the SCAMMRP set forth in the attached Exhibits A, B and C, which is incorporated herein by reference, accurately reflects the mitigation measures contained in the Final EIR.

NOW, THEREFORE, BE IT RESOLVED that the City Council, based on the facts and analysis in the Final EIR, all written and oral testimony, and evidence submitted in connection with the Final EIR and exhibits, find that:

1. The Final EIR, including documents incorporated by reference, including the information contained therein prior to adoption of this Resolution, has been reviewed and considered by the City Council; and

2. The Final EIR has been completed in accordance with CEQA, the State CEQA Guidelines, and the City of Foster City Environmental Review Guidelines; and

3. The Final EIR adequately describes the environmental impacts of the proposed project; and

4. The Final EIR reflects the City’s independent judgement and analysis.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Foster City does hereby: 1) certify the Final EIR prepared by LSA Associates, Inc., comprised of the Draft EIR dated December 2021 and the Response to Comments document dated March 1, 2022, as completed and adequate; 2) approve the Statement of Findings under CEQA; and 3) adopt the Standard Conditions of Approval and Mitigation Monitoring and Reporting Program (SCAMMRP) in Exhibits A, B and C. 266

PASSED AND ADOPTED as a Resolution of the City Council of the City of Foster City at a Regular Meeting held on the 19th day of September 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

_____________________________

RICHA AWASTHI, MAYOR
ATTEST:

________________________________

PRISCILLA SCHAUS, CITY CLERK
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EXHIBIT A
388 VINTAGE PARK DRIVE USE PERMIT CONDITIONS OF APPROVAL

TABLE OF CONTENTS

1.0 GENERAL – APPLICABLE TO ALL

2.0 PRIOR TO ISSUANCE OF ANY PERMIT

3.0 PRIOR TO DEMOLITION PERMIT

4.0 PRIOR TO GRADING AND DRAINAGE

5.0 PRIOR TO UNDERGROUND UTILITIES

6.0 PRIOR TO STRUCTURAL AND ARCHITECTURAL SHELL

7.0 PRIOR TO TENANT IMPROVEMENTS

8.0 PRIOR TO LANDSCAPE AND FLATWORK

9.0 GENERAL CONSTRUCTION PRACTICES

10.0 PRIOR TO OCCUPANCY

11.0 OPERATIONAL REQUIREMENTS
BOLD: INDICATES SITE SPECIFIC CONDITION
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1.0 GENERAL

1.1 The following conditions shall be met prior to the issuance of a building permit except as otherwise specified. Any questions pertaining to these conditions should be directed to the City department indicated. (BD = Building Inspection Division, CBO = Chief Building Official, CC = City Council, CDD = Community Development Director, CE = City Engineer, E/PW = Engineering/Public Works, FIRE = Fire, P/R = Parks and Recreation, PC = Planning Commission and POL = Police).

1.2 The project shall be built according to plans approved by the Planning Commission on April 7, 2022, labeled 388 Vintage Park, sheets A1- 1through LT2, prepared by DES Architects and Engineers and dated February 10, 2022. Any modification to the project shall require Planning Commission or Community Development Director review and approval. The Community Development Director shall have the authority to approve minor changes. Once constructed or installed, all improvements shall be maintained in accordance with the approved plans. Any changes which affect the exterior character of the work, including minor changes to materials and colors, shall be resubmitted for approval. The construction or placement of unapproved features or unapproved changes to buildings or structures which were a part of approved plans can and will result in the issuance of a “Stop Work Order” by the City, the need to revise plans and obtain City approval for all changes prior to recommending work, and the possibility of penalty fees being assessed for unauthorized work.

In addition, SteelWave and Helios Real Estate shall commit to fair construction practices including 100% prevailing wage for all labor on the project with a preference towards local hiring; contract with union labor for all major design build trades as well as union carpentry, full payment of the affordable housing linkage fees and an additional $300,000 towards the Foster City Community Benefit Fund as outlined in their letter of commitment dated August 31, 2022 and attached as Exhibit A-1.
(CDD)

1.3 The project approval shall expire two years from the date of approval on April 7, 2024. No extensions of the Use Permit shall be considered or granted except that Use Permits issued in conjunction with a Tentative Subdivision Map for a planned unit development shall expire no sooner than the approved Tentative Map, or any extension thereof, whichever occurs later (Municipal Code Section 17.06.180).
(CDD)

of the Foster City Municipal Code or EMID Code to protect the public health, safety, morals, or general welfare.
(PC)

1.5 Before commencing any work in the City's right-of-way (including trenching of complete streets), the applicant shall obtain an encroachment permit, posting the required bonds and insurance. The Engineering Division may require that trenchless methods be used for crossings and connections under streets.
(E/PW)

1.6 Bonds: Prior to issuance of a building permit, all required bonds shall be submitted and all required fees shall be paid to the City/District as follows:

1.6.1 Public Improvements (utilities & streets) that are part of the Development
Applicant shall provide suitable securities acceptable to the City in the amount of 100% (performance), 100% (labor and material) and a 50% (one-year warranty) bond.
The performance bond and the labor and material bonds shall be released upon satisfactory completion of improvements.
The warranty bond will be released when requested by the owner after one year and upon completion of warranty inspection and necessary repairs.
Applicant shall provide a document verifying the cost of the public improvements to the satisfaction of the Engineering Division. (E/PW)

1.6.2 Private Site Improvements
Applicant shall provide suitable securities acceptable to the City in the amount of 100% (performance), 100% (labor and material) and 50% (one-year warranty) bond.
The performance bond and the labor and material bonds shall be released upon satisfactory completion of improvements.
The warranty bond will be released when requested by the owner and upon completion of warranty inspection and necessary repairs. Applicant shall provide a document verifying the cost of the private improvements to the satisfaction of the Community Development Department.
(CDD)

improvements and maintenance costs for the 12-month period following installation and acceptance.
The performance bond and the labor and material bonds shall be released upon satisfactory completion of improvements.
The warranty bond will be released when requested by the owner and upon completion of warranty inspection and necessary repairs. Applicant shall provide a document verifying the cost of both landscape installation and landscape maintenance for 12 months (one copy to the Engineering Division and one copy to the Community Development Department).
(CDD)

1.7 Fees: Prior to or at the time of submittal of design drawings for review, an itemized estimate of the cost of construction of all public and/or site improvements must be submitted for review and approval.

The approved estimate will be used for determining the amount required to cover incurred costs for engineering review, plan checking, contract administration, inspection, and testing by the Public Works Department.

The minimum deposit amount required is 6 percent of the estimated cost for the public and/or site improvements, or $20,000, as determined by the Engineering Division.

The deposit must be renewed upon demand, to maintain a minimum balance of $4,000. All costs of plan checking, inspection, and contract administration by the Public Works Department will be charged against this deposit. At any time that the deposit is depleted below a balance of $2,000, plan checking/inspections will stop until the balance has been renewed to above $4,000. The unused balance of the deposit will be returned to the applicant upon completion of the work.
(E/PW)

1.8 Prior to the issuance of a building permit, the applicant shall enter into an agreement with the City which shall outline terms, conditions, and amount of revenue that is required to be paid to the City in order to offset the fiscal impacts and costs of the project due to increased traffic within the City caused by or because of the project. Such agreement shall specify the type, location, and cost of traffic-related road improvements named to be the responsibility of the applicant and shall be satisfactory in form and content to the City Attorney and as approved by the City Council. (CDD, E/PW)

1.9 Applicant shall perform a traffic analysis, queuing analysis, of the traffic impacts of the project. Resultant modifications may include but not be limited to modifications of existing medians, easement acquisition, and permit acquisition from other jurisdictions.

Modifications on Chess Drive shall not restrict the existing allowed turning movements and shall meet all safety and traffic warrants and 271

requirements. The cost of any necessary improvements shall be borne by the applicant and all improvements are subject to the approval of the City Engineer.

1.10 The applicant shall perform outreach to adjacent property owners and businesses impacted by any median improvements.

1.11 The project applicant and/or owner shall defend (with counsel reasonably acceptable to the City), indemnify, and hold harmless City/Estero Municipal Improvement District Parties, from and against, any and all Claims arising directly or indirectly from the project.

1.12 Pursuant to Section 66020 of the California Government Code, the applicant shall have 90 days from date of project approval, or 90 days from the date of the imposition of the fees, dedications, reservations or other exactions to be imposed on a development project, to protest any fees, dedications, reservations or other exactions.

1.13 All sanitary sewer improvements are to be constructed to the satisfaction of the Engineering Division.
(E/PW)

1.14 All stormwater improvements shall be constructed to the satisfaction of the Engineering Division.
(E/PW)

1.15 All fire safety improvements shall be constructed to the satisfaction of the San Mateo Consolidated Fire Department.
(FIRE)

1.16 Notwithstanding any depictions or statements in the project application or drawings, the project shall be subject to the California Building Standards (Title 24 of the California Code of Regulations) as adopted and amended by the City of Foster City and the San Mateo Consolidated Fire Department, in effect as of the date of application for building permit.
(BD)

1.17. All applicable Mitigation Measures required in the “388 Vintage Park Drive Project” Environmental Impact Report and the Mitigation Monitoring and Reporting Program (MMRP) recommended by the Planning Commission for approval by the City approved by the City Council by Resolution shall at all times be in use and adhered to pursuant to Exhibit B attached hereto and incorporated herein. Once certified by the City Council, the “388 Vintage Park Drive Project” EIR and MMRP shall become binding on the project.
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1.18 The applicant shall submit a separate Sign Use Permit for review and approval by the Planning Division for all exterior Building Identification signs.

1.19 The Applicant (or the project sponsor) shall pay the Affordable Housing Commercial Linkage Fee per Municipal Code Chapter 17.88 as well as all development impact fees in effect at the time of building permit issuance. The amount of impact fees to be paid shall be those in effect at the time of payment of such fees.
(CDD)

2.0PRIOR TO ISSUANCE OF ANY PERMIT

2.1 Prior to issuance of any building permits, one (1) complete set of construction plan drawings in electronic format shall be submitted to the Building Inspection Division. All Use Permit conditions of approval shall be included on plan sheet(s) in the drawing set.
(BD)

2.2 One (1) set in electronic format and one (1) set in printed format of a site specific, design level, fault zone geotechnical report satisfactory to the Chief Building Official, including one electronic or pdf version, shall be submitted for review and approval to the Building Division and contain design recommendations for grading, footings, retaining walls, and provisions for anticipated differential settlement for each construction site within the project area. Specifically:
Each investigation shall include an analysis of expected ground motions at the site identified faults. The analysis shall be in accordance with applicable City ordinances and policies, and consistent with the most recent version of the California Building Code, which requires structural design that can accommodate ground accelerations expected from identified faults. The analysis presented in the geotechnical investigation report shall provide recommendations to minimize seismic damage to structures from total and differential settlements and to protect steel and concrete (and any other material that may be placed in the subsurface) from long-term deterioration caused by contact with corrosive on-site soils. All design measures, recommendations, design criteria, and specifications set forth in the final geotechnical investigation report shall be implemented.
The investigations shall determine final design parameters for the walls, foundations, foundation slabs, surrounding related improvements, and infrastructure (utilities, roadways, parking lots and sidewalks). The investigations shall be reviewed and approved by a registered geotechnical engineer. All recommendations by the project engineer, geotechnical engineer, shall be included in the final design, as approved by the City of Foster City.
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The geotechnical report shall include a map prepared by a land surveyor or civil engineer that shows all field work and location of the “No Build” zone. The map shall include a statement that the locations and limitations of the geologic features are accurate representations of said features as they exist on the ground, were placed on this map by the surveyor, the civil engineer or under their supervision, and are accurate to the best of their knowledge.
The geotechnical report for the project shall include evaluation of fixtures, furnishings, and fasteners with the intent of minimizing collateral injuries to building occupants from falling fixtures or furnishings during the course of a violent seismic event. Recommendations that are applicable to foundation design, earthwork, and site preparation that were prepared prior to or during the projects design phase, shall be incorporated in the project.
Final seismic considerations for the site shall be submitted to and approved by the Building Division prior to commencement of the project. If deemed necessary by the Chief Building Official, a peer review may be required for the geotechnical report. Personnel reviewing the geologic report shall approve the report, reject it, or withhold approval pending the submission by the applicant or subdivider of further geologic and engineering studies to more adequately define active fault traces. A licensed geotechnical engineer or their representatives shall be retained to provide geotechnical observation and testing during all earthwork and foundation construction activities. The geotechnical engineer shall be allowed to evaluate any conditions differing from those encountered during the geotechnical investigation and shall provide supplemental recommendations, as necessary. At the end of construction, the geotechnical engineer shall provide a letter regarding contractor compliance with project plans and specifications and with the recommendations of the final geotechnical investigation report and any supplemental recommendations issued during construction. The letter shall be submitted for review to the Building Division. In locations underlain by Bay Mud and/or non-engineered fill, the designers of proposed building foundations and improvements (including sidewalks, roads, driveways, parking areas, and utilities) shall consider these conditions. The design-level geotechnical investigation shall include measures to ensure potential damage related to compressible materials or soils and non-uniformly compacted fill are minimized. Mitigation options may range from removal of the problematic soils, and replacement, as needed, with properly conditioned and compacted fill to design and construction of improvements to withstand the forces exerted during the expected settlements. All mitigation measures, design criteria, and specifications set forth in the site-specific design-level geotechnical report, and the City of Foster City Building Department standards shall be followed to reduce impacts associated with problematic soils to a less-than-significant level. 274

In locations underlain by expansive soils the designers and engineers of proposed building foundations and improvements (including piles, sidewalks, roads, driveways, parking areas, and utilities) shall consider the site’s potential to be underlain by soils with high shrink-swell potential. A site-specific design-level geotechnical investigation, prepared by a licensed professional, shall include measures to ensure potential damage related to expansive soils and non-uniformly compacted fill and engineered fill are minimized. Mitigation options may range from removal of the problematic soils, and replacement, as needed, with properly conditioned and compacted fill to design and construction of improvements to withstand the forces exerted during the expected shrink-swell cycles and settlements. All design criteria and specifications set forth in the design-level geotechnical investigation shall be implemented to reduce impacts associated with problematic soils.
The final geotechnical investigation report shall provide recommendations to minimize the potential damage to structures from total and differential settlement and to protect steel and concrete (and any other material that may be placed in the subsurface) from long-term deterioration caused by contact with corrosive on-site soils. All design measures, recommendations, design criteria, and specifications set forth in the final geotechnical investigation report shall be implemented. The final geotechnical investigation report shall provide recommendations to minimize the potential damage to utilities and flatwork due to settlement. Analysis and investigation shall include, but not be limited to, historic, and proposed grade changes, sensitivity to new loading, increased densities due to over-excavation and re- compaction, secondary compression, and induced settlement within the building area in the evaluation of the potential range of future settlements, and the need for special measures such as flexible utility connections, hanging underslab utilities, hinges slabs at building/flatwork transitions, etc.
(BD)

2.3 The applicant shall provide a Waste Management Plan for all aspects of construction from start to finish with estimated quantities of debris expected to be generated by the project, how it will be recycled/disposed of, and an accompanying deposit in accordance with Chapter 15.44 of the Foster City Municipal Code and California Green Building Code. A separate Waste Management Plan will be required for projects that require Demolition (see Section 3.0).
(E/PW, BD)

2.4 Prior to issuance of a building permit, the Construction Best Management Practices (BMPs) from the San Mateo Countywide Stormwater Pollution Prevention Program shall be included as notes on the building permit drawings.
(BD, E/PW)
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2.5 Prior to the commencement of any work, the general contractor shall:
a) Along with the project applicant, attend a pre-construction meeting with the Community Development Director, Chief Building Official and other departments the Community Development Director invites to discuss the project conditions of approval, working hours, site maintenance and other construction matters; and
b) Acknowledge in writing that they have read and understand the project conditions of approval, particularly those pertaining to construction practices and site safety, and will make certain that all project sub- contractors have read and understand them prior to commencing work and that a copy of the project conditions of approval will be posted on site at all times during construction.
(CDD, BD)

2.6 The construction contractor shall designate a “noise disturbance coordinator” who shall be responsible for responding to any local complaints about construction noise. The disturbance coordinator shall determine the cause of the noise complaints (e.g., beginning work too early, bad muffler) and institute reasonable measures warranted to correct the problem. A telephone number for the disturbance coordinator shall be conspicuously posted at the construction site. The construction contractor shall protect all downstream sanitary sewer lines from construction debris while performing sanitary sewer construction. Means to prevent construction debris must be used and shall be inspected by the construction inspector. (BD)

2.7 Prior to commencement of any site work or the introduction of any earth moving equipment or building materials onto the site, the applicant shall insure that a temporary 6 (six) foot tall chain-link fence (no portion of which contains barbed wire) with a dark green (or other color approved by the Community Development Director) vinyl or canvas interior liner placed on the exterior of the fence shall be placed around any yard or any portion of a yard which the Chief Building Official shall identify as requiring such. This fence shall be in place as approved until the Chief Building Official shall allow it to be removed or changed. The fence may only be expanded or contracted in size upon approval of the Chief Building Official. Failure to adhere to this condition of approval shall result in the permit being brought to the Planning Commission for its review and introduction of stricter site and building construction regulations. The gate to the fence shall be locked at all times that the fenced area is left unattended by either the owner or resident, the contractor or subcontractors. All construction materials and equipment, including temporary or portable equipment, such as generators, storage containers or facilities, shall be stored within the interior of the fenced area when construction activities are not occurring. If placed 276

anywhere on site, portable toilets shall be placed within the interior of the fenced area at all times.
(CBO, CDD)

2.8 Prior to commencement of any site work or placement of any construction trailers, the applicant shall submit a Site Logistics Plan showing proposed haul routes, placement of the construction trailers (if any) and areas for materials/equipment materials/equipment delivery, materials/equipment storage, waste collection and maintenance/fueling of vehicles/equipment.

The Site Logistics Plan shall be subject to approval by the Community Development Director.
The Site Logistics Plan designated storage areas for material delivery, storage, and waste collection shall be as far away from catch basins, gutters, drainage courses, and water bodies as possible. All hazardous materials and wastes used or generated during project site development activities shall be labeled and stored in accordance with applicable local, state, and federal regulations. In addition, an accurate up-to-date inventory, including Material Safety Data Sheets, shall be maintained on-site to assist emergency response personnel in the event of a hazardous materials incident.
The Site Logistics Plan designated area for all maintenance and fueling of vehicles and equipment shall be bermed or over a drip pan that will not allow run-off of spills. Vehicles and equipment shall be regularly checked and have leaks repaired promptly at an off-site location.

Secondary containment shall be used to catch leaks or spills any time that vehicle or equipment fluids are dispensed, changed, or poured. The Site Logistics Plan shall locate equipment staging in areas that will create the greatest possible distance between construction-related noise sources and noise-sensitive receptors nearest the project site during all project construction.
(CDD, BD, FIRE)

2.9 The contractor shall prepare a Waste Disposal and Hazardous Materials Transportation Plan prior to construction activities where hazardous materials or materials requiring off-site disposal would be generated. The Plan shall include a description of analytical methods for characterizing wastes, handling methods required to minimize the potential for exposure, and shall establish procedures for the safe storage of contaminated materials, stockpiling of soils, and storage of dewatered groundwater. The required disposal method for contaminated materials (including any lead- based paint, asbestos, or other hazardous building materials requiring disposal, see SCOA 9.25, below), the approved disposal site, and specific routes used for transport of wastes to and from the project site shall be indicated. The Plan shall be prepared prior to demolition or development activities and submitted to the City.
(E/PW, BD, FIRE)
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2.10 Within sixty (60) days following the completion of the demolition phase of a covered project, and again within sixty (60) days following the completion of the construction phase of a covered project, the contractor shall submit documentation to the Building Inspection Division that demonstrates compliance with Chapter 15.44 of the Foster City Municipal Code and the California Green Building Code. Documentation includes submission of a completed Final Compliance Report with corresponding recycling, salvage, and disposal receipts/tickets from the facilities, to demonstrate where the debris was recycled, salvaged, or disposed.
(BD)

2.11 Beginning July 1, 2019, applicants shall complete and submit the “PCB Screening Assessment Form” for any project requiring a demolition permit (BD, E/PW)

2.12 Hazardous materials and wastes generated during demolition activities, such as fluorescent light tubes, mercury switches, lead based paint, asbestos containing materials, and PCB wastes, and subsurface hazardous building materials generated during grading and trenching activities, such as asbestos-cement piping, shall be managed and disposed of in accordance with the applicable universal waste and hazardous waste regulations. Federal and state construction worker health and safety regulations shall apply to the removal of hazardous building materials and demolition activities, and any required worker health and safety procedures shall be incorporated into the contractor’s specifications for the project.

Documentation of the surveys and abatement activities shall be provided to the City prior to the demolition of structures located at the project site. (BD, FIRE)

2.13 Prior to issuance of a building permit, any development involving one or more acres of total land area must obtain a General Permit from the State Water Resources Control Board. This permit requires the owner/developer to do the following:
Submit a Notice of Intent (NOI) to the State Water Resources Control Board prior to commencement of construction activity;
Copies of the NOI and the SWPPP must be submitted to the Engineering Division along with proof of compliance.
(E/PW)

2.14 Prior to issuance of a building permit, the plans shall demonstrate compliance with the San Mateo Countywide Water Pollution Prevention Program, (see www.flowstobay.org including, but not limited to, submittal of checklists related to impervious surface and stormwater:
C.3 and C.6 Checklist
Project applicant checklist for NPDES Permit Requirements 278
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Stormwater Control Plan: Any improvements identified in the SWCP shall be constructed prior to first occupancy to the satisfaction of the Engineering Division.
(E/PW)

2.15 The applicant shall prepare and implement a Storm Water Pollution Prevention Plan (SWPPP) designed to reduce potential adverse impacts to surface water quality during the construction period. The SWPPP shall be prepared by a Qualified SWPPP Practitioner (QSP). The SWPPP shall include the minimum BMPs required for the identified Risk level. BMP implementation shall be consistent with the BMP requirements in the most recent version of the California Stormwater Quality Association Stormwater Best Management Handbook-Construction. The SWPPP shall be designed to address the following objectives:
All pollutants and their sources, including sources of sediment associated with construction activity are controlled;
Where not otherwise required to be under a Regional Water Board permit, all non-stormwater discharges are identified and either eliminated, controlled, or treated;
Site Best Management Practices (BMPs) are effective and result in the reduction or elimination of pollutants in stormwater discharges and authorized non-stormwater discharges from construction activity to the Best Available Technology and Best Conventional Technology (BAT/BCT) standard; and
Stabilization BMPs installed to reduce or eliminate pollutants after construction are completed.
Best Management Practices (BMPs) shall be designed to mitigate construction-related pollutants and at a minimum, include the following:
- Practices to minimize the contact of construction materials, equipment, and maintenance supplies (e.g., fuels, lubricants, paints, solvents, adhesives) with stormwater. The SWPPP shall specify properly-designed centralized storage areas that keep these materials out of the rain.
- Reduce erosion of exposed soil which may include, but are not limited to: soil stabilization controls, watering for dust control, perimeter silt fences, placement of hay bales, and sediment basins. The potential for erosion is generally increased if grading is performed during the rainy season because disturbed soil can be exposed to rainfall and storm runoff.
- If grading must be conducted during the rainy season, the primary BMPs selected shall focus on erosion control (i.e. keeping sediment on the site). End-of-pipe sediment control measures (e.g. basins and traps) shall be used only as
secondary measures. Ingress and egress from the
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construction site shall be carefully controlled to minimize off- site tracking of sediment. Vehicle and equipment wash-down facilities shall be designed to be accessible and functional during both dry and wet conditions.
The SWPPP shall specify a monitoring program to be implemented by the construction site supervisor, and shall include both dry and wet weather inspections. In addition, in accordance with State Water Resources Control Board requirements, monitoring shall be required during the construction period for pollutants that may be present in the runoff that are “not visually detectable in runoff.” To educate on-site personnel and maintain awareness of the importance of stormwater quality protection, site supervisors shall conduct regular tailgate meetings to discuss pollution prevention.

The frequency of the meetings and required personnel attendance list shall be specified in the SWPPP.
A QSD shall be responsible for implementing BMPs at the site. The QSD shall also be responsible for performing all required monitoring, and BMP inspection, maintenance and repair activities. The developer shall retain an independent monitor to conduct weekly inspections and provide written monthly reports to the Engineering Division to ensure compliance with the SWPPP. Water Board personnel, who may make unannounced site inspections, are empowered to levy considerable fines if it is determined that the SWPPP has not been properly prepared and implemented.

The SWPPP shall be prepared to the satisfaction of the Engineering Division. (E/PW)

2.16 Prior to building permit issuance. The location of any common space hazardous materials storage shall be noted on the plans and if applicable a hazardous materials inventory list shall be provided. (FIRE)

2.17 Prior to commencement of work, as required by California Government Code 4216, Underground Service Alert (USA) shall be contacted by the contractor to provide information on the location of underground utilities in the public right of way prior to earth work activities at the site. In addition to contacting USA, the applicant and/or contractor shall also be responsible for verifying locations of all utilities on the project site. This shall be included as notes on the building permit drawings.
(E/PW)

2.18 Prior to issuance of a building permit a pre-construction condition visual or video survey of the roadway shall be prepared for review and approval by 280
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the Engineering Division. The roadway survey shall determine the PCI (Pavement Condition Index) of the pavement/roadway adjacent to the project and along the approved construction haul routes shall be performed by an engineering firm approved by the Engineering Division. The survey shall be paid for by the project developer and shall establish a baseline PCI for the streets affected during construction. Prior video survey may be considered.
(E/PW)

2.19 Prior to issuance of a building permit, a pre-construction visual survey of the condition of the existing curb, gutter, and sidewalk adjacent to the property shall be performed. The applicant shall prepare a pre-condition survey report with photos to be submitted to the Engineering Division for review.

Report shall document pre-existing condition of curb and gutter, as well as sidewalk hazards/defects that are in need of repair.
(E/PW)

2.20 Prior to issuance of a building permit, the applicant shall prepare a pre- construction CCTV survey report on the existing wastewater collection system gravity mains form the on-site system to the main in the street, to be submitted to the Engineering Division for review. Previous recent video surveys may be used.
(E/PW)

2.21 Prior to issuance of a building permit, the existing storm drain pipe lines on the project site and downstream thereof to the nearest lagoon outlet shall be televised to determine their existing condition. Applicant shall submit a map illustrating the route to be televised for approval of the Engineering Division prior to the survey. The existing storm drain inlets shall be cleaned and protected as necessary during the project.
(E/PW)

2.22 Prior to issuance of a building permit, the applicant shall arrange a joint field meeting with representatives of the Water Department to perform a visual survey of the condition of the existing water distribution system (including testing of valves and appurtenances) in the vicinity of the project site. The applicant shall prepare a pre-construction survey report to be submitted to the Engineering Division for review. Report shall document the condition of valves and other appurtenances tested and extent of water system mains surveyed.
(E/PW)

2.23 The applicant shall prepare a project-specific Construction Risk Management Plan (CRMP) to protect construction workers, the general public, and the environment from subsurface hazardous materials previously identified and to address the possibility of 281
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encountering unknown contamination or hazards in the subsurface.

The CRMP shall:
Provide procedures for evaluating, handling, storing, testing and disposing of soil and groundwater during project excavation and dewatering activities, respectively;
Require the preparation of a project specific Health and Safety Plan that identifies hazardous materials present, describes required health and safety provisions and training for all workers potentially exposed to hazardous materials in accordance with state and federal worker safety regulations, and designates the personnel responsible for Health and Safety Plan implementation;
Require the preparation of a Contingency Plan that shall be applied should previously unknown hazardous materials be encountered during construction activities. The Contingency Plan shall be developed by the contractor(s), with the approval of the City and/or appropriate regulatory agency

2.24 The applicant shall submit a letter from the Vintage Park Community Association with final approval of the architectural and landscape plans.
(CDD)

3.0PRIOR TO DEMOLITION PERMIT

3.1 Prior to issuance of a demolition permit for structures located on the project site, a lead-based paint, hazardous building materials survey (PCBs, mercury), and asbestos survey (for those structures not previously surveyed) shall be performed by a qualified environmental professional.

Based on the findings of the survey, all loose and peeling lead-based paint, and identified asbestos hazards shall be abated by a certified contractor in accordance with local, state, and federal requirements (including the requirements of the BAAQMD, District Regulation 11, Rule 20) and requirements for worker health and safety.
(BD)

3.2 Within sixty (60) days following the completion of the demolition phase of a covered project, and again within sixty (60) days following the completion of the construction phase of a covered project, the contractor shall submit documentation to the Building Inspection Division that demonstrates compliance with Chapter 15.44 of the Foster City Municipal Code and the California Green Building Code. Documentation includes submission of a completed Final Compliance Report with corresponding recycling, salvage, and disposal receipts/tickets from the facilities, to demonstrate where the debris was recycled, salvaged, or disposed.
(BD)
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3.3 Beginning July 1, 2019, applicants shall complete and submit the “PCB Screening Assessment Form” for any project requiring a demolition permit (BD,E/PW)

3.4 Hazardous materials and wastes generated during demolition activities, such as fluorescent light tubes, mercury switches, lead based paint, asbestos containing materials, and PCB wastes, and subsurface hazardous building materials generated during grading and trenching activities, such as asbestos-cement piping, shall be managed and disposed of in accordance with the applicable universal waste and hazardous waste regulations. Federal and state construction worker health and safety regulations shall apply to the removal of hazardous building materials and demolition activities, and any required worker health and safety procedures shall be incorporated into the contractor’s specifications for the project.

Documentation of the surveys and abatement activities shall be provided to the City prior to the demolition of structures located at the project site. (BD, FIRE)

4.0PRIOR TO GRADING AND DRAINAGE

4.1 Subsequent to issuance of a grading permit by the Building Inspection Division and prior to commencement of any work pertaining to on-site drainage facilities, grading, or paving, or any work in the City's right-of-way, the applicant shall notify the Engineering Division at least forty-eight (48) hours in advance to schedule an inspection.
(BD, E/PW)

5.0PRIOR TO UNDERGROUND UTILITIES

5.1 Submit improvement plans for the construction of all public and private improvements in accordance with the latest City Standard Drawings and Specifications. Should the applicant propose the use of development and/or construction standards for any improvements and/or land uses which are different than those presently set forth in the City's Codes and Ordinances, Standard Specifications and Standard Plans, such standards must be presented to and approved by the City. The applicant shall cause Standard Specifications and Standard Drawings to be prepared in a format to be approved by the Engineering Division.
(E/PW)

5.2 Plans and specifications for grease interceptors or similar runoff control equipment, to be reviewed and approved by the Engineering Division. The equipment shall be installed by property owners/tenants to the satisfaction of the Public Works Department (San Mateo Environmental Compliance Source Control Inspector).
(E/PW)
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5.3 Should the geotechnical report find that there will be potential differential settlement or if deemed necessary by the Chief Building Official, mitigation measures will be provided and may include flexible connections or alternative measures acceptable to the Chief Building Official for gas, electric, sewer, water and other utilities and hinged, reinforced slabs shall be provided at transitions from building to sidewalks, walkways and driveways. The final geotechnical investigation report shall provide recommendations to minimize the potential damage to structures from differential settlement
(BD, E/PW)

5.4 The location and size of all building utility service connections, including water and gas & electric service, fire service and irrigation connections, shall be indicated on the drawings, to be reviewed and approved by the City.

All changes to building utility connections shall be approved by the Community Development Department prior to construction. Building utility connections shall be located, sized and screened in such a manner that they have the least possible impact on the design of the building and site.

The architect or landscape architect of record shall be directly involved in the design and placement of all site and building service connections and shall sign their respective plans submitted to the City which locate, size and/or screen building utility connections.
(CDD)

5.5 Prior to issuance of a building permit, the improvement plans shall show all proposed electric, cable TV, gas and communication lines within the development to the satisfaction of the Engineering and Building Divisions.

All utilities shall be underground.
(E/PW, BD)

5.6 During development of improvement plans, the location(s) of all above- ground utility equipment (Post Indicating Valves (P.I.V.), Backflow/Cross- Connection Devices, Fire Department Connections (FDC), fire hydrants and other such utilities shall be staked and the locations approved by staffs of the Planning/Code Enforcement Division, Building Inspection Division, Fire Department, and Public Works Department. Prior to final approval of the plans, the applicant shall arrange a joint field meeting with representatives from each of the Departments/Divisions listed above to confirm and verify locations for each above-ground utility component.

5.6.a The plans show all existing and proposed Easements. (CDD, BD, FIRE, E/PW)

5.7Wastewater System

5.7.1 The applicant shall have a registered civil engineer prepare a sewer flow projection study and a hydraulic capacity study, to be submitted 284
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to the Engineering Division for review. The study shall meet the approval of the Engineering Division and should:
Verify that the existing sewer system is properly sized to meet the projected increase in wastewater generation on the
project site.
Study the on and off-site sewer system (including lift stations) which services the project (both upstream and downstream). Show the new connecting points to the existing sewers and model the estimated flows and peaking factors, as they relate to the changes in land use for the proposed project.

No on-site or downstream overloading of existing sewer system will be permitted. Any necessary improvements including but not limited to impacts to LS 26 and associated appurtenances, identified by the study shall be constructed by the
developer/applicant at applicant’s sole cost.
(E/PW)

5.7.2 Prior to issuance of a building permit, the improvement plans shall include the design of a wastewater collection system in accordance with the City’s Standard Details/Specifications and to the satisfaction of the Engineering Division. Wastewater collection system items of construction should include at least the following:
The locations and numbers of on-site pump stations with permanent standby power, telemetry system and controls. All shall be as approved by the Engineering Division.
Modification to and addition of permanent standby power to which the proposed system is contributing sewage, if required. Sanitary sewer mains.
Manholes with manhole frames and covers.
Cleanouts. In commercial/industrial buildings the sewer inspection cleanouts shall be at accessible outside locations to allow for wastewater sampling.
Wye branches and laterals.
And together with appurtenances to any or all of the above. (E/PW)

5.7.3 The existing sewer system should be capped at the property line unless it is going to be reused. Lateral should not be abandoned in place.
(E/PW)

5.8Storm Water System

5.8.1 Prior to issuance of a building permit, the improvement plans shall include the design of stormwater improvements in accordance with 285
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the City’s Standard Details/Specifications and to the satisfaction of the Engineering Division. Stormwater improvements items of construction should include at least the following:
surface and subsurface storm drain facilities;
manholes with manhole frames and covers;
catch basins and laterals;
construct all catch basins as silt detention basins;
And together with appurtenances, to any or all of the above. (E/PW)

5.8.2 Prior to issuance of a building permit, a complete storm drainage study of the proposed development shall be prepared by a registered civil engineer and submitted as part of the improvement plans package. Drainage facilities shall be designed in accordance with accepted engineering principles and be approved by the Engineering Division. The hydrology/hydraulic analysis shall include the following:
The amount of runoff, and existing and proposed drainage structure capacities.
Verification that the existing storm drain system is adequately sized to handle the run-off from the project.
Conformance with the City’s Drainage Design
Criteria/Standards available on the City’s website:
https://www.fostercity.org/publicworks/page/city-standard- design-criteria
Calculations and plans showing hydraulic gradelines.
Evidence that the system is capable of handling a 25-year storm with the hydraulic grade line at least one foot below every grate.

No overloading of the existing system will be permitted. All needed improvements shall be installed by the applicants at applicants’ sole cost.
(E/PW)

5.8.3 The applicant shall fully comply with the C.3 provisions of the Municipal Regional Stormwater NPDES Permit (MRP).

Responsibilities include, but are not limited to, designing Best Management Practices (BMPs) into the project features and operation to reduce potential impacts to surface water quality associated with operation of the project. These features shall be included in the design-level drainage plan and final development drawings. Specifically, the final design shall include measures designed to mitigate potential water quality degradation of runoff from all portions of the completed development.
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All Stormwater control measures outlined in the current San Mateo Countywide Water Pollution Prevention Program’s C.3 Stormwater Technical Guidance manual shall be incorporated into the project design. Low Impact Development features, including rainwater harvesting and reuse, and passive, low-maintenance BMPs (e.g., grassy swales, porous pavements) are required under the MRP.

Higher-maintenance BMP’s may only be used if the development of at-grade treatment systems is not possible, or would not adequately treat runoff. Funding for long-term maintenance for all BMPs must be specified (as the City will not assume maintenance
responsibilities for these features). The applicant shall establish a self-perpetuating drainage system maintenance program for the life of the project that includes annual inspections of any stormwater detention devices and drainage inlets. Any accumulation of sediment or other debris would need to be promptly removed. In addition, an annual report documenting the inspection and any remedial action conducted shall be submitted to the Public Works Development for review and approval.

The drainage plan shall be prepared to the satisfaction of the Engineering Division.
(E/PW)

5.8.4 Prior to issuance of a building permit, should the City determine that the City’s storm drain system or storm drain pumping capacity requires expansion or modification as a result of the applicants’ development, the applicants shall pay for all necessary improvement costs. The timing and amount of payment shall be as determined by the City.
(CC, E/PW)

5.8.5 All storm drain lines and related storm drainage appurtenances located both within the property boundaries of the development site and associated offsite private easements shall be privately owned and maintained. Prior to issuance of a building permit, the applicants shall submit to the City Engineer evidence of easements granted for private offsite storm drainage facilities located on adjacent private property. Said easements shall provide the applicants the right at any time, or from time to time, to construct, maintain, operate, replace, remove, and renew all offsite storm drainage facilities, and appurtenant structures in, upon, over and across such easements. (E/PW)

5.8.6 Prior to installation of any stormwater treatment improvements (i.e. bio-detention basins), the applicant shall notify the Engineering Division to coordinate the inspections required for the various elements of the stormwater treatment installation. Failure to obtain 287
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inspection and approval by City staff may require the applicant to remove any stormwater treatment components, which were not inspected by the City at the applicants cost. In addition, the Engineering Division shall be notified at least forty-eight (48) hours in advance to schedule the necessary inspections.
(E/PW)

5.8.7 Prior to installation of any stormwater treatment improvements, the applicant shall consult with the City to meet the
requirements of the City’s green infrastructure plan.
(E/PW)

5.9Water Distribution System

5.9.1 To properly evaluate necessary improvements, a complete water system capacity study of the on-and-off site water system which services the proposed project shall be prepared by a registered civil engineer approved by the City/District Engineer, and retained by the project developer prior to approval of a building permit. The study shall include: a map showing the project location, utility drawings for the project area (pdf and CAD files), a project description (type of development, number of units, land use, acreage, etc.), and a system demand analysis (including average daily demand, maximum daily demand, peak hour demand, and fire flow requirements), specific to the proposed development. The study shall include a detailed water pipe hydraulic flow analysis to determine whether the existing water distribution system is properly sized to meet the projected new water demands on the project site. All needed construction improvements to upsize the existing water distribution system to meet the demands of the new project shall be constructed to meet California Fire Code and San Mateo Consolidated Fire Department requirements, by the applicant at the applicant’s sole cost.
(BD, FIRE, E/PW)

5.9.2 Prior to the issuance of a building permit, the improvement plans shall include the design of a domestic water system to the satisfaction of the Engineering Division. Water distribution system items of construction shall include at least the following:
backflow prevention devices;
water mains - minimum main size is 8 in. in any area. Fire flow determined for buildings/areas per "The Guide for
Determining Required Fire Flow; Insurance Services Office; Municipal Survey Service;"
valves;
tees;
fittings;
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hydrants;
meters;
services;
and together with appurtenances to any or all of the above; all water mains serving fire hydrants, shall be a minimum of 8" in diameter
(E/PW, FIRE)

5.9.3 Water lines shall be designed for fire flows to meet California Fire Code and Fire Department requirements.
(E/PW, FIRE)

5.9.4 Prior to the issuance of a building permit, the applicant shall submit a design for all required backflow prevention devices in accordance with the Department of Health Services requirements. A backflow device shall be installed at each connection point to the City/District water system for both domestic and fire lines. The size and type of the backflow prevention devices are subject to approval by the Engineering Division. In addition, the required double check valve assembly shall be located on the drawings and provisions included for screening adjacent to property line. All backflow prevention assembly devices shall meet the California Health and Safety Code (CA H&SC) and installed in accordance with the USC specifications. (BD, E/PW, FIRE)

5.9.5 Prior to the issuance of a building permit, the applicant shall indicate on-site hydrants, blue reflective pavement markers and mains at locations approved by the Fire Department. Hydrants shall meet the following requirements:
Fire hydrants shall be installed not more than 250 ft. apart -in some instances distances may be less and must meet San Mateo Consolidated Fire Department requirements.
All new fire hydrants or replacement of existing hydrants shall conform with current City standards.
Placement shall conform to current City standards.
(FIRE, E/PW)

5.9.6 Prior to the issuance of a building permit, the applicant shall submit a request for all required water meters, including payment for the meters. The applicant shall provide calculations supporting the size and type of the meters. The size and type of the meters are subject to approval by the Engineering Division. Water meters shall be located at the property line.
(BD, E/PW)
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5.9.7 Sub-meters shall be provided for each individual dwelling unit if individual meters are not provided. The required water sub-meters shall be installed prior to occupancy.
(BD, E/PW)

5.9.8 All water lines and related water appurtenances located within the property boundaries of the development site shall be privately owned and maintained. Private water lines do not need to have Master Meter(s). Where appropriate, prior to issuance of a building permit, the applicants shall submit to the City Engineer evidence of easements that are shared with other privately owned and maintained for water facilities. Said easements shall provide the applicants the right at any time, or from time to time, to construct, maintain, operate, replace, remove, and renew all water facilities, and appurtenant structures in, upon, over and across such easements.
(E/PW)

5.9.9 Water Supply Assessment (WSA) – Applicant shall have a firm approved by the City, update the City’s WSA to determine whether there is adequate water available to meet the future demands of the project.
(E/PW)

5.9.10 Applicant shall test interference/impacts of building on City’s SCADA and water meter radio network. If building impacts SCADA and Meter reading communications equipment,
applicant shall be responsible for the costs of the installation of repeater antennas to maintain communications.
(E/PW)

6.0PRIOR TO ARCHITECTURAL AND STRUCTURAL SHELL

6.1 Elevations shall be included in the building permit plans indicating colors and materials, listing manufacturers’ names and product identification, and shall be approved by the Community Development Director. (CDD)

6.2 No rooftop equipment of any kind or exterior conduit shall be visible from the ground level on the site or from adjacent public rights-of-way or ground level on adjacent properties. At initial project construction and in the future, cross-sections and details of the proposed rooftop equipment, sight line studies demonstrating the visual impact of equipment, and related screening shall be submitted to the Community Development Director for approval.
(CDD)
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6.3 All vents shall be shown on the exterior elevations. Where feasible, venting shall be directed to the roof and consolidated to minimize its visibility, subject to approval by the Community Development Director. (CDD)

6.4 Prior to the issuance of a building permit, the applicant shall provide a letter to the City from the Manager, Customer Services, of the United States Postal Service/San Mateo Post Office, stating that the Postal Service has reviewed proposed plans and methods for providing a postal service to the tenants or residents of the proposed building(s) or development and has approved them.
(CDD)

6.5 The applicant shall provide a letter describing the sustainable practices that are included in the project and referencing the sheets in the building permit drawings that demonstrate the inclusion of the sustainable practices for review and approval by the Community Development Director. (CDD)

6.6 Prior to the issuance of a building permit, should mailboxes be required by the Postal Service and allowed by the City, the applicant shall submit for staff review and approval a mailbox design and its specific placement prior to any installation, meeting the guidelines for mailbox placement and the City's Mailbox Ordinance.
(BD, CDD)

6.7 Details of any trash/recycling enclosures shall be included, showing that the trash/recycling enclosures shall be covered, the drainage connected to the sanitary sewer and that it meets any other relevant stormwater control requirements (see https://www.flowstobay.org/newdevelopment). (CDD, E/PW)

6.8 Plans for trash enclosures and recycling facilities, including truck access to these facilities, shall be reviewed by the service provider and a letter provided from the service provider indicating their comments, if any, have been satisfactorily resolved.
(CDD, E/PW)

6.9 Prior to issuance of the architectural/structural shell permit, all emergency vehicle access and location of building numbers shall be identified to the satisfaction of the City.
(FIRE, POL, CDD)

6.10 Prior to issuance of the architectural/structure shell permit, an addressing plan shall be provided, including proposed addresses and size, location and illumination of address signage, subject to approval by City. (FIRE, POL, CDD, BD)
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6.11 The plans shall demonstrate compliance with the Indoor Water Conservation requirements contained in EMID Code Chapter 8.7, including, but not limited to, submittal of the Indoor Water Use Efficiency Checklist.

The Checklist shall be updated, if necessary, prior to issuance of the Tenant Improvement.
(BD)

6.12 Rooftop solar installations shall meet the California Fire Code and Electrical Codes for labels and clearance. Rooftop access will be required as per the California Building Code, California Fire Code and California Electric Code. (BD, FIRE)

6.13 Prior to issuance of the building permit, plans for the fire sprinkler system and fire alarm system in accordance with the California Fire Code, Title 15 of the Foster City Municipal Code, and NFPA 13 and 72 shall be submitted and approved by the Chief Building Official and Fire Marshal. Installation shall be completed and approved prior to building occupancy. General:
oAll PIV, OS & Y valves and Zone valves, etc. must be tamper switched.
oAll Fire Department connections (FDCs) must be within 50 ft. or less of a water supply (fire hydrant). FDCs must have a minimum of two inlets. Each building shall have an independent fire sprinkler system and FDC.
oThe required double check valve assembly shall be located on the drawings and provisions included for screening.
Fire Sprinklers:
oA combination fire sprinkler and fire standpipe shall be provided for each building.
oAll new buildings/new construction except for Single Family houses (R3) shall install a National Fire Protection Association (NFPA) 13 Fire Sprinkler system. Single family homes shall have fire sprinkler systems complying with NFPA 13D.
oA horn strobe shall be installed in the area of the FDC at a location approved by the Fire Marshal.
Fire Pumps:
oA fire pump if required to meet minimum fire flow requirements, shall be provided to meet the fire sprinkler and standpipe demand(s).
oElectric fire pumps are only acceptable with generator backup. Fire Alarm System:
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oFire alarm system(s) shall be zoned by address, floor, area and type of device.
oThe fire alarm system(s) for the building shall have a horn/strobe system in each residential unit and a speaker/strobe system in the common areas.
(BD, FIRE)

6.14 Roof access shall be provided from at least one stairway in each building. (BD, FIRE)

6.15 Prior to issuance of a building permit, the plans shall demonstrate the ability at tenant improvement to incorporate elevators utilized to transport hazardous materials under the provisions of California Fire Code Chapter 50, and incorporate exhaust ventilation compiling with ANSI Z9.5-2012 or NFPA 45-2019 if required.
(BD, FIRE)

7.0PRIOR TO TENANT IMPROVEMENTS

7.1 Three (3) sets of an acoustical analysis, including one electronic or pdf version, shall be submitted, prepared by a licensed professional, specifying the manner in which interior noise levels will be reduced to the required Community Noise Equivalency Level (CNEL) per Title 24 of the California Administrative Code and Chapter 17.68 of the Foster City Municipal Code.

The details of noise attenuation recommended in the report will be subject to the review and approval of the Chief Building Official. (BD)

7.2 Rooftop solar installations shall meet the California Fire Code and Electrical Codes for labels and clearance. Rooftop access will be required as per the California Building Code, California Fire Code and California Electric Code. (BD, FIRE)

7.3 Prior to issuance of the building permit, plans for the fire sprinkler system and fire alarm system in accordance with the California Fire Code, Title 15 of the Foster City Municipal Code, and NFPA 13 and 72 shall be submitted and approved by the Chief Building Official and Fire Marshal. Installation shall be completed and approved prior to building occupancy. General:
oAll PIV, OS & Y valves and Zone valves, etc. must be tamper switched.
oAll Fire Department connections (FDCs) must be within 50 ft. or less of a water supply (fire hydrant). FDCs must have a minimum of two inlets. Each building shall have an independent fire sprinkler system and FDC.
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oThe required double check valve assembly shall be located on the drawings and provisions included for screening.
Fire Sprinklers:
oIf elevators are provided, fire sprinkler heads shall be included in all elevator pits if required by CBC.
oA combination fire sprinkler and fire standpipe shall be provided for each building.
oAll new buildings/new construction except for Single Family houses (R3) shall install a National Fire Protection Association (NFPA) 13 Fire Sprinkler system. Single family homes shall have fire sprinkler systems complying with NFPA 13D.
oA horn strobe shall be installed in the area of the FDC at a location approved by the Fire Marshal.
Fire Pumps:
oA fire pump if required to meet minimum fire flow requirements, shall be provided to meet the fire sprinkler and standpipe demand(s).
oElectric fire pumps are only acceptable with generator backup. Fire Alarm System:
oFire alarm system(s) shall be zoned by address, floor, area and type of device.
oThe fire alarm system(s) for the building shall have a horn/strobe system in each residential unit and a speaker/strobe system in the common areas.
(BD, FIRE)

7.4Following the issuance of the Architectural and Structural Shell Building Permits, but prior to tenant improvement permit, State of California safety regulations regarding the transport, handling and storage of hazardous materials (HMIS) shall be incorporated onto the plans. Storage of hazardous materials shall be directed to areas in the complex where maximum protection of office and other active work areas can be provided.
(BD, FIRE)

7.5 A list of hazardous materials that will be used in a given space shall be provided to San Mateo Consolidated Fire Department for review and approval
(FIRE)
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8.0PRIOR TO LANDSCAPE AND FLATWORK

8.1 Submit documentation and plans showing compliance with Chapter 8.8 of the EMID Code, including, but not limited to submittal of the Outdoor Water Use Efficiency Checklist.
(E/PW, CDD, BD)

8.2 An exterior lighting plan including fixture and standard design, coverage and intensity shall be submitted, to be reviewed and approved by the Community Development Department and the Police Department. In its review of the lighting plan, the City shall ensure that any outdoor night lighting proposed for the project is downward-facing, not overly bright at the property line and shielded so as to minimize nighttime glare and lessen impacts to neighboring properties. The City shall also ensure that all development plans for the proposed project conform to the performance standards provided under Section 17.68.080 of the Foster City Municipal Code.
(CDD, POL)

8.3 Prior to issuance of a Building Permit, the applicant shall design a comprehensive pedestrian walkway system throughout the development to the satisfaction of the City and in compliance with the General Plan. The pedestrian walkway system shall be constructed according to plan. (BD, CDD)

8.4 Landscape plans shall include details of any fencing, walls and gates, to be reviewed and approved by the Community Development Director and the Chief Building Official.
(CDD, BD)

8.5 A planting plan neatly and accurately drawn to scale, indicating types, quantities, locations and sizes of all plant material including existing major vegetation designated to remain and street trees, method of protecting planting areas from vehicular traffic, and planting areas to be irrigated on separate valves shall be submitted for Planning staff review and approval. (CDD)

8.6 The planting plans shall show that the applicant will install and maintain landscaping in the unpaved areas within the public right-of-way abutting the development to the satisfaction of the Planning/Code Enforcement Division. (CDD)

8.7 The plans shall show that all trees planted closer than four (4) ft. from any public or private walkway, driveway or major structure shall be shielded with root barriers that are designed to the satisfaction of the City. (CDD)
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8.8 The location of backflow prevention devices for the irrigation system shall be adequately screened with planting material. Method of screening shall be approved by Planning staff prior to issuance of a building permit. (CDD, BD)

8.9 Domestic backflow prevention devices shall be consistent with the most recent list of approved devices maintained by the County Department of Health.
(E/PW, BD)

8.10 Landscape plans shall show all planting areas shall be protected from common vehicular traffic by the provision of a 6-inch high concrete curb.

Rolled curbs are not acceptable.
(CDD)

8.11 Evidence that a licensed landscape architect registered with the State of California has prepared or reviewed and found acceptable the planting and irrigation plans, cost estimate, and documents describing the existing soil conditions, grading and soil preparation.
(CDD)

8.12 Planting plans shall include documentation describing the existing soil conditions, proposed grading, and soil preparation as they relate to providing a compatible growing medium for the selected plant material. (CDD)

8.13 At initial planting, all trees shall be a minimum of 15 gallons or larger. At least fifteen percent (15%) of the total number of trees approved as a part of the Landscape Plan shall be 24 inch or larger specimen trees to be planted along public rights-of-way or other locations as determined in the field by the Community Development Director. As and when trees are replaced they will be replaced by trees of the same species which shall be a minimum of 15 gallons or larger. Only specimen size trees shall replace specimen size trees.
(CDD, Prior to planting)

8.14 The Developer shall submit a letter signed and stamped by the licensed landscape architect verifying that the plants that have been selected for the bioretention area/swale are drought tolerant, inundation tolerant, and require minimal maintenance consistent with the C.3/C.6 Checklist, as provided in Appendix A of the San Mateo County Wide Water Pollution Prevention Program’s C.3 Stormwater Technical Guidance Handbook at www.flowstobay.org.
(E/PW, CDD)
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9.0GENERAL CONSTRUCTION PRACTICES

9.1 Construction activities shall be limited to the hours of 8 a.m. to 5 p.m. on weekdays unless deviations from this schedule are approved in advance by the City. Non construction activities may take place between the hours of 7 a.m. and 8 a.m. on weekdays and 9 a.m. and 4 p.m. on Saturdays but must be limited to quiet activities and shall not include the use of engine- driven machinery. No actual construction activities may take place between 7 a.m. and 8 a.m., except when post-tension slab foundations are being poured, the concrete pumper may be set up but no concrete may be poured.

Forklifts shall be allowed to operate onsite between the hours of 5 p.m. and 6:30 p.m. on weekdays. Construction noise levels shall not exceed the interior noise level of 50 dBAL eq (hourly average) or the maximum noise level of 70 dBAL max within occupied noise sensitive land uses.

The Planning Commission reserves the right to rescind this condition and further restrict construction activities in the event that the public health, safety and welfare are not protected due to noise levels emanating from the construction project.
(PC, BD, CDD)

9.1.1 Any requested deviations from the allowed hours for construction activities shall be submitted to the Community Development Director a minimum of two (2) working days in advance for review and approval. Any approved deviations from the allowed hours shall be communicated to the Building Inspection Division and the Police Department.
(CDD)

9.2 In order to minimize construction noise impacts, all engine-driven construction vehicles, equipment and pneumatic tools shall be required to use effective intake and exhaust mufflers; equipment shall be properly adjusted and maintained; all construction equipment shall be equipped with mufflers in accordance with OSHA standards.
(BD)

9.3 The construction contractor shall place all stationary construction equipment so that emitted noise is directed away from sensitive receptors nearest the project site.
(BD)

9.4 All construction shall be completed in a professional manner and appearance.
(CDD)

9.5 The following controls shall be implemented at all construction sites within the project to control dust and/or mud production and fugitive dust. 297
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●Water all active construction areas at least twice daily and more often during windy periods; active areas adjacent to existing sensitive land uses shall be kept damp at all times, or shall be treated with nontoxic stabilizers to control dust;
●Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least 2 feet of freeboard;
●Pave, apply water three times daily, or apply (nontoxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites;
●Sweep daily (with water sweepers) all paved access roads, parking areas, and staging areas at construction sites; and
●Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets.
●Blowing dust shall be reduced by timing construction activities so that paving and building construction begin as soon as possible after completion of grading, and by landscaping disturbed soils as soon as possible.
●Water trucks shall be present and in use at the construction site. ●All portions of the site subject to blowing dust shall be watered as often as deemed necessary by the City in order to insure proper control of blowing dust for the duration of the project.
●Watering on public streets shall not occur.
●All vehicle speeds on unpaved roads shall be limited to 15 mph. ●All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
●Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations (CCR). Clear signage shall be provided for construction workers at all access points. ●All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified visible emissions evaluator.
●Streets will be cleaned by street sweepers or by hand as often as deemed necessary by the City Engineer.
●Watering associated with on-site construction activity shall take place between the hours of 8 a.m. and 7 p.m. and shall include at least one late-afternoon watering to minimize the effects of blowing dust. ●All public streets and medians soiled or littered due to this construction activity shall be cleaned and swept on a daily basis during the workweek to the satisfaction of the City.
●Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District‘s phone number shall also be visible to ensure compliance with applicable regulations. (BD)
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9.6 The General Contractor shall provide qualified supervision on the job site at all times during construction.
(BD)

9.7 All work shall conform to the applicable City/District codes. Good housekeeping practices shall be observed at all times during the course of construction. Superintendence of construction shall be diligently performed by a person or persons authorized to do so at all times during working hours.

The storing of goods and/or materials on the sidewalk and/or the street will not be allowed unless a special permit is issued by the Engineering Division. (CDD, BD, E/PW)

9.8 The developer’s registered Engineer shall notify the Engineering Division, in writing, at least 72 hours in advance of all differences between the proposed work and the design indicated on the civil plans. Any proposed changes shall be subject to the approval of the City before altered work is started. Any approved changes shall be incorporated into the final as-built drawings.
(E/PW)

9.9 The applicant shall require all contractors to obtain and submit to City any transportation permits required by Caltrans. Contractors are further required to obtain a transportation permit from City for hauling on local streets. All vehicles hauling materials to the project site that exceed 12,000 pounds gross weight shall follow established truck route streets to the closest point of the job site unless directed otherwise by the Engineering Division.

9.10 If paleontological resources are discovered during project activities, all work within 25 feet of the discovery shall be redirected and the Community Development Director immediately notified. A qualified paleontologist shall be contacted to assess the situation, consult with agencies as appropriate, and make recommendations for the treatment of the discovery.

Paleontological resources include fossil plants and animals, and evidence of past life such as trace fossils and tracks. Ancient marine sediments may contain invertebrate fossils such as snails, clam and oyster shells, sponges, and protozoa; and vertebrate fossils such as fish, whale, and sea lion bones. Fossil vertebrate land animals may include bones of reptiles, birds, and mammals. Paleontological resources also include plant imprints, petrified wood, and animal tracks.

Upon completion of the assessment, the paleontologist shall prepare a report documenting the methods and results, and provide recommendations for the treatment of the paleontological resources discovered. This report shall be submitted to the project applicant, the 299
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Foster City Community Development Department, and the paleontological curation facility.

Adverse effects to paleontological resources shall be avoided by project activities. If avoidance is not feasible (as determined by the City, in conjunction with the qualified paleontologist), the paleontological resources shall be evaluated for their significance. If the resources are not significant, avoidance is not necessary. If the resources are significant, adverse effects on the resources shall be avoided, or such effects shall be mitigated.

Mitigation can include, but is not necessarily limited to: excavation of paleontological resources using standard paleontological field methods and procedures; laboratory and technical analyses of recovered materials; production of a report detailing the methods, findings, and significance of recovered fossils; curation of paleontological materials at an appropriate facility (e.g., the University of California Museum of Paleontology) for future research and/or display; an interpretive display of recovered fossils at a local school, museum, or library; and public lectures at local schools on the findings and significance of the site and recovered fossils. The City shall ensure that any mitigation involving excavation of the resource is implemented prior to project construction or actions that could adversely affect the resource.
(CDD, BD)

9.11 If deposits of prehistoric or historic archaeological materials are encountered during project activities, all work within 25 feet of the discovery shall be redirected and the Community Development Director immediately notified. A qualified archaeologist shall be contacted to assess the find, consult with agencies as appropriate, and make recommendations for the treatment of the discovery. Prehistoric materials can include flaked-stone tools (e.g., projectile points, knives, choppers) or obsidian, chert, basalt, or quartzite toolmaking debris; bone tools; culturally darkened soil (i.e., midden soil often containing heat-affected rock, ash and charcoal, shellfish remains, faunal bones, and cultural materials); and stone-milling equipment (e.g., mortars, pestels, handstones). Prehistoric archaeological sites often contain human remains. Historical materials can include wood, stone, concrete, or adobe footings, walls, and other structural remains; debris-filled wells or privies; and deposits of wood, glass, ceramics, metal and other refuse.

Upon completion of the assessment, the archaeologist shall prepare a report documenting the methods and results of the analysis, and provide recommendations for the treatment of the archaeological deposits discovered. The report shall be submitted to the project applicant, the Foster City Community Development Department and the Northwest Information Center. Project personnel shall not collect or move any archaeological materials or human remains. Adverse effects to such deposits shall be avoided by project activities. If avoidance is not feasible 300
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(as determined by the City, in conjunction with the qualified archaeologist), the archaeological deposits shall be evaluated for their eligibility for listing in the California Register. If the deposits are not eligible, avoidance is not necessary. If the deposits are eligible, avoidance of project impacts on the deposit shall be the preferred mitigation. If adverse effects on the deposits cannot be avoided, such effects must be mitigated. Mitigation can include, but is not necessarily limited to: excavation of the deposit in accordance with a data recovery plan (see CEQA Guidelines Section 15126.4(b)(3)(C)) and standard archaeological field methods and procedures; laboratory and technical analyses of recovered archaeological materials; production of a report detailing the methods, findings, and significance of the archaeological site and associated materials; curation of archaeological materials at an appropriate facility for future research and/or display; preparation of a brochure for public distribution that discusses the significance of the archaeological deposit; an interpretive display of recovered archaeological material sat a local school, museum, or library; and public lectures at local schools and/or historical societies on the findings and significance of the site and recovered archaeological materials. The City shall ensure that any mitigation involving excavation of the deposit is implemented prior to the resumption of actions that could adversely affect the deposit.
(CDD, BD)

9.12 If human remains are encountered, work within 25 feet of the discovery shall be directed and the County Coroner and the Community Development Director immediately notified. At the same time, an archaeologist shall be contacted to assess the situation and consult with agencies as appropriate.

The project applicant shall also be notified. Project personnel shall not collect or move any human remains and associated materials. If the human remains are of Native American origin, the Coroner shall notify the Native American Heritage Commission within 24 hours of this identification. The Native American Heritage Commission will identify a Most Likely Descendant (MLD) to inspect the site and provide recommendations for the proper treatment of the remains and associated grave goods. Upon completion of the assessment, the archaeologist shall prepare a report documenting the methods and results and provide recommendations for the treatment of the human remains and any associated cultural materials, as appropriate and in coordination with the recommendations of the MLD. The project sponsor shall comply with these recommendations. The report shall be submitted to the project applicant, the Foster City Community Development Department, the MLD, and the Northwest Information Center. (CDD, BD)

9.13 If the presence of hazardous materials is found on site, site remediation may be required by the applicable state or local regulatory agencies.

Specific remedies would depend on the extent and magnitude of contamination and requirements of the regulatory agency(ies). Under the 301
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direction of the regulatory agency(ies) and the City, a Site Remediation Plan shall be prepared, as required, by the applicant. The Plan shall: 1) specify measures to be taken to protect workers and the public from exposure to the potential hazards and, 2) certify that the proposed remediation would protect the public health in accordance with local, state, and federal requirements, considering the land use proposed. Excavation and earthworking activities associated with the proposed project shall not proceed until the Site Remediation Plan has been reviewed and approved by the regulatory oversight agency and is on file with the City. (E/PW, BD)

9.14 Engineering fill brought on-site shall be demonstrated, by analytical testing, not to pose an unacceptable risk to human health or the environment.

Threshold criteria for acceptance of engineered fill shall be selected based on screening levels and protocols developed by regulatory agencies for protection of human health and leaching to groundwater (e.g., Water Board ESLs). The engineered fill shall be characterized by representative sampling in accordance with U.S. EPA’s SW-846 Test Methods, by a qualified environmental professional and demonstrated to meet the threshold criteria above. The results of the sampling and waste characterization shall be submitted by the contractor(s) to the City and SMCEHD prior to construction.
(E/PW, BD)

9.15 All excess fill shall be disposed of in accordance with City requirements. (E/PW)

9.16 The construction contractor shall protect all downstream sanitary sewer lines from construction debris while performing sanitary sewer construction.

Means to prevent construction debris must be used and shall be inspected by the construction inspector.
(E/PW)

9.17 Within sixty (60) days following the completion of the demolition phase of a covered project, and again within sixty (60) days following the completion of the construction phase of a covered project, the contractor shall submit documentation to the Building Inspection Division that demonstrates compliance with Chapter 15.44 of the Foster City Municipal Code.

Documentation includes submission of a completed Final Compliance Report with corresponding recycling, salvage, and disposal receipts/tickets from the facilities, to demonstrate where the debris was recycled, salvaged, or disposed.
(BD)
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10.0 PRIOR TO OCCUPANCY

10.1 Prior to occupancy, the applicant shall arrange a joint field meeting with the Public Works Department to inspect all public facilities (i.e. curb, gutter, sidewalk, roadway, etc.) and any facilities determined to be damaged during construction, shall be marked by the Department and the development/owner shall restore at owners cost. All sidewalk and pavers that have settled or uplifted, shall be marked and repaired at owner’s cost. (E/PW)

10.2 Prior to occupancy, following utility work in the street, all pavement shall be restored.
(E/PW)

10.3 Prior to occupancy, a post construction survey of the pavement/roadway along the approved construction haul routes shall be performed by the same firm that performed the pre-construction condition survey. Based on the results of the survey, the City will determine a reimbursement amount from the applicant to cover the costs to restore the roadways affected, to the pre- construction condition. (E/PW)

10.4 Prior to occupancy, any development involving one or more acres of total land area must file a Notice of Termination to the State Water Resources Control Board at the completion of construction and submit a copy to the Public Works Department.
(E/PW)

10.5 Prior to occupancy, the City shall be provided with Final AutoCAD (latest version) compatible files (DXF or DWG) and PDF for all computer generated mapping, construction plans and graphic information related to site/civil drawings for this project.
(E/PW)

10.6 Prior to occupancy the applicant shall prepare a post-construction CCTV survey report on the new on-site wastewater collection system and existing wastewater collection system and force mains, to be submitted to the Foster City Public Works Department for review. Sewer lines filled with sediment or construction debris, or damaged, shall be cleaned out/repaired at applicant’s cost.
(E/PW)

10.7 Prior to occupancy the existing storm drain pipe lines on the project site and downstream to the nearest lagoon inlet shall be cleaned and sediment removed at the completion of the project. Applicant shall submit a map illustrating the route to be televised for approval of the Engineering Division prior to sediment removal. The storm drain pipe lines shall be televised after cleaning to verify that the sediment has been removed and to identify 303
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any damages to the storm drain pipe lines during construction. A post construction survey report shall be prepared identifying facilities to be repaired and confirming removal of sediment from storm lines. The applicant shall be responsible for constructing and financing any such repairs. Sediment left in mains shall be subject to re-cleaning at the applicant’s sole cost.
(E/PW)

10.8 Prior to occupancy the applicant shall arrange a joint field meeting with representatives of the Water Department to perform a visual survey of the condition of the existing water distribution system (including testing of valves and appurtenances) in the vicinity of the project site. The applicant shall prepare a post-construction survey report to be submitted to the Foster City Public Works Department for review. Report shall document any necessary repairs required to the existing water supply infrastructure. The applicant shall be responsible for constructing and financing any such repairs.
(E/PW)

10.9 Prior to final building inspection, the property owner shall submit a Maintenance Agreement for Stormwater Treatment Measures and Hydromodification Management Controls, including a Maintenance Plan pertinent to the type(s) of measures included in the project, pursuant to the San Mateo Countywide Water Pollution Prevention Program (www.flowstobay.org). Following review and approval by City staff, the property owner shall have the Maintenance Agreement recorded prior to building occupancy approval. The Maintenance Agreement shall be made a part of any CC&Rs recorded for the property and shall include the following statements:
●The property owner shall be responsible for conducting all servicing and maintenance as described and required by the approved Maintenance Plan(s). Maintenance of all site design and treatment control measures shall be the owner’s responsibility.
●Site access shall be granted to representatives of the City, the San Mateo County Mosquito and Vector Control District, and the Water Board, at any time, for the sole purpose of performing operation and maintenance inspections of the installed stormwater treatment systems. (E/PW)

10.10 Prior to final occupancy, the C.3 and C.6 Project Closeout Form shall be completed by City staff and placed in the project file. (E/PW)

10.11 Prior to occupancy, the applicant must provide recorded easements for access by Police, Fire and Public Work vehicles responding to emergencies or maintaining, exercising, flushing or testing emergency equipment including fire hydrants, fire department connections, and any public utilities 304
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on the site. Plat and legal descriptions must be signed and stamped by a registered civil engineer and submitted to the Engineering Division for review. The applicant must also establish the 30-foot no build and maintenance easement with the VPCA on the VPCA park adjacent to the project site at the corner of Vintage Park Drive and Chess Drive.

Easements must be to the satisfaction of the Engineering Division and the Fire Marshal. Upon staff approval, the item is considered by the City Council/Board of Directors. Recordation by the County follows approval by the Council/Board.
(E/PW, FIRE, POL)

10.12 Prior to any occupancy, the temporary construction fencing and all construction related equipment and materials shall be removed from the subject building prior to the final inspection and issuance of the Certificate of Occupancy.
(CDD)

10.13 Prior to occupancy, all pertinent conditions of approval and all improvements shall be completed to the satisfaction of the City and so reported on the sign-off sheet in the Use Permit file. The project shall be built in substantial compliance with the approved plans on record in the City. (CDD)

10.14 Prior to occupancy, all street addresses for the subject building shall be clearly visible from the adjacent street. Numerals shall be of a size satisfactory to the Fire and Police Departments, typically six (6) inches minimum. Buildings not fronting on a roadway shall be required to have their locations identified along the vehicle roadway nearest the building or at other locations as determined by the Fire and Police Departments with numbers a minimum of six (6) inches. Rear building entrance doors, including garage doors facing a street or drive aisle shall also be clearly marked with building number identification so that they can be found quickly in emergencies.
(CDD, FIRE, POL)

10.15 Prior to occupancy, for commercial buildings, the street number numerals shall be no less than 6 inches in height and shall be of a contrasting color to the background surface to which they are attached. Rear building entrance doors shall also be clearly marked with building number identification so that they can be found quickly in emergencies. All building identification numbers shall be provided with a light source or internally illuminated during the hours of darkness. If internally illuminated signage is proposed, prior approval from the Community Development Department shall be obtained.
(CDD, FIRE, POL)

10.16 Prior to final occupancy, additional plant materials may be required by the Community Development Director and shall be planted prior to final 305
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occupancy in order to screen utility connections, valves, backflow devices, and all above ground appurtenances, etc. to the satisfaction of the Community Development Director. This determination shall be made in the field after all screen utility connections, valves, backflow devices, and all above ground appurtenances, etc. have been installed and inspected (CDD)

10.17 The proposed project will be subject to any Development Impact fees that the City intends to adopt prior to certificate of occupancy. (CDD)

11.0 OPERATIONAL REQUIREMENTS

11.01 All improvements shall be maintained in a professional manner and appearance.
(CDD)

11.02 Upon occupancy of the project building(s) constructed as part of this Use Permit, the current and future owners shall be responsible for maintaining all common areas landscaping and landscaping in the adjoining public right- of-way in a healthy and vigorous condition. All landscape plant material and all hardscape and project amenities shall be maintained as originally approved by the City. Modification of plant material other than routine pruning or maintenance shall require approval of the City. The integrity of the original landscape plan shall at all times be kept intact. (CDD)

11.03 At all times the requirements of the City's sign regulations including but not limited to those contained in Chapter 15.12 (Sign Control), and Chapter 8.05 (Regulation of Smoking) of the Foster City Municipal Code shall be followed.

Signs announcing temporary sales or events and all other public convenience signs shall receive all required permits.
(CDD)

11.04 Truck arrival and unloading operations shall be conducted in accordance with all applicable City Ordinance requirements. If noise associated with truck arrival or unloading operations becomes a problem, all future site lessees, operators and/or owners shall work with the City to develop a plan to minimize noise, including requiring an adjustment of truck arrival and/or unloading times.
(CDD)

11.05 The applicant or any future owner shall provide and conduct regular maintenance of the site in order to eliminate and control the accumulation of trash, excess/waste materials and debris, including keeping all containers free of overflowing trash and materials. If the Community Development Director finds that the lack of a designated smoking area is 306
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resulting in an excess accumulation of trash, the Community Development Director may require the owner to establish a signed designated smoking area in compliance with Chapter 8.05 (Regulation of Smoking) of the Foster City Municipal Code.
(CDD)

11.06 The current and future owners shall be responsible for implementing the Transportation Demand Management (TDM) Program prepared by Kimley Horn dated September 23, 2021 required by the City/County Association of Governments, on file with the Community Development Department and summarized in Exhibit C. The owner or its successor in interest shall file an annual report by January 31 of each year with the Foster City Community Development Department documenting efforts undertaken and results achieved in the previous year pursuant to the TDM program. (CDD)

11.07 The property owners/tenants are prohibited from discharging any commercial fertilizers, pesticides or herbicides into the lagoon or water features.
(E/PW)

11.08 The applicant/property owners/tenants shall control accumulations of petroleum wastes and other pollutants in the streets and parking areas by frequent sweeping.
(E/PW, CDD)

11.09 Tree canopies shall be maintained to provide a minimum clear area under the canopy of six (6) feet. Groundcover areas shall be maintained to provide a maximum height of two (2) feet. The property owner shall provide and conduct regular maintenance of the landscaping to preserve the required plant heights.
(POL, CDD)

11.10 The project shall comply with the provisions of the City’s Smoking Ordinance at all times (Chapter 8.05 Regulation of Smoking) including but not limited to prohibition of smoking in all apartment units, condominiums and townhomes with shared common walls, floors or ceilings, their balconies or patios; in all indoor and outdoor common areas of apartment units, condominiums and townhomes including but not limited to lobbies, hallways, stairwells, elevators, escalators, lawns, gardens, balconies, patios, yards and driveways; identifying specifically designated areas (as long as the designated area is not located within thirty feet of an entrance/doorway) with appropriate sign postings to permit smoking unless the owner, proprietor or manager declares the entire property as nonsmoking; and posting ‘no smoking’ signs per the City’s regulations. (POL, CDD)
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11.11 The trash enclosure has been designed to facilitate service the trash service that includes the truck operator moving the bins in and out of the enclosure.

No staging of bins outside of the trash enclosure shall be allowed, unless some alternative method is approved by the Community Development Director.
(CDD)

11.12 Upon occupancy of the project building(s) constructed as part of this Use Permit, the current and future owners shall be responsible for maintaining the accessibility of all accessible paths, parking areas or any other accessible features.
(BD)

11.13 Prior to tenant occupancy, a documented program of inspection, testing, for continuous maintenance (ITM) activities of all fire protection and life safety systems, and risk management requirements for building water systems, shall be submitted and approved by the Chief Building Official and Fire Marshal. The documented program shall be in accordance with the California Fire Code, Title 15 of the Foster City Municipal Code, NFPA 13, 70B, 72, and ANSI/ASHRAE Standard 188.
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EXHIBIT A-1
388 VINTAGE PARK DRIVE
309
Resolution No. P- -22
EA2021-0001
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Resolution No. P- -22
EA2021-0001

EXHIBIT B
388 VINTAGE PARK DRIVE

MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure Implementation
Responsibility/Action
Timing Monitoring
Responsibility/Action
Date
Completed/
Signature
Mitigation Measure TRA-1:

Prior to the issuance of a
building permit, the project
sponsor shall revise the
project plans to show either:
(1) signage, markings,
hardscape, or other suitable
treatments to prohibit both
inbound and outbound left
turns at the existing Chess
Drive driveway; or (2)
roadway improvements with
side‐by‐side center left turn
lanes on Chess Drive that
are separated by a
hardscape median. A
suggested conceptual
configuration is shown in
Figure 4.3‐5 of the Draft EIR.

The project contractor shall
implement the following
measures, where feasible,
Project Sponsor:
Include NOI-1
requirements in
the contract and
Prior to execution of
project contractor
contract.

Foster City Community
Development
Department:
311
Resolution No. P- -22
EA2021-0001
during construction of the
project:
Electrical power, rather
than diesel equipment,
shall be used to run
compressors and similar
power tools and to power
temporary structures,
such as construction
trailers or caretaker
facilities.
All noise from workers’
radios shall be controlled
to a point that they are
not audible at sensitive
receptors near
construction activity.
Mobile construction
equipment shall have
smart back-up alarms
that automatically adjust
the sound level of the
alarm in response to
ambient noise levels.
performance
standards for the
project contractor.

Project Contractor:
Ensure all
measures detailed
in NOI-1 are
implemented.

Ongoing throughout
construction period.
Make regular
visits to the project
site to ensure that
measures detailed
in NOI-1 are
implemented
Mitigation Measure BIO-1: If
possible, the project sponsor
shall avoid construction
activities during the bird
nesting season (February 1
through August 31). If
construction activities are
Project Sponsor:
Avoid construction
activities during
the bird nesting
season or retain a
qualified biologist
to conduct a pre-
Prior to project
construction/throughout
construction period.

City of Foster City
Community
Development
Department
Ensure pre-
construction
survey is
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Resolution No. P- -22
EA2021-0001
scheduled during the nesting
season, a qualified biologist
shall conduct a
pre‐construction survey of all
suitable nesting habitat (i.e.,
trees, shrubs, structures)
within 250 feet of the project
site (where accessible). The
pre‐construction survey shall
be conducted no more than
14 days prior to the start of
work. If the survey indicates
the presence of nesting
birds, protective buffer zones
shall be established around
the nests as follows: for
raptor nests, the size of the
buffer zone shall be a
250‐foot radius centered on
the nest; for other birds, the
size of the buffer zone shall
be a 50‐ to 100‐foot radius
centered on the nest. In
some cases, these buffers
may be increased or
decreased depending on the
bird species and the level of
disturbance that will occur
near the nest.
construction
survey and
establish
protective buffer
zones as needed
if construction
must occur during
nesting season.
completed, if
necessary,
consistent with
requirements of
BIO-1.

Mitigation Measure BIO-2: A
qualified biologist shall
conduct a pre‐construction
Project Sponsor: Prior to project
construction.

City of Foster City
Community
313
Resolution No. P- -22
EA2021-0001
survey for roosting bats at all
suitable bat roosting habitat
(i.e., trees, the unoccupied
building) within the project
area within 14 days prior to
the beginning of
project‐related activities. If
active bat roosts are
discovered or if evidence of
recent prior occupation is
established, a buffer shall be
established around the roost
site until the roost site is no
longer active. Before any
construction activities begin
in the vicinity of the identified
bat roosts on the project site,
a qualified biologist shall
conduct a training session for
all construction personnel. At
a minimum, the training shall
include a description of the
bats and their habitat, the
specific measures that are
being implemented to
conserve the bat roosts for
the current project, and the
boundaries within which the
project may be
accomplished. Brochures,
books, and briefings may be
used in the training session.
Retain a qualified
biologist to conduct
a pre-construction
survey for roosting
bats, establish
protective buffer
zones as needed,
and to conduct a
training session for
all construction
personnel.

Development
Department
Ensure pre-
construction
survey is
completed, any
necessary
protective buffer
zones are
established, and a
training session is
conducted for all
construction
personnel,
consistent with
requirements of
BIO-2.
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Resolution No. P- -22
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If an active bat roost is
identified and would be
impacted by the project,
CDFW shall be contacted to
determine the best
methodology for removing
the roost and to determine
appropriate mitigation (if
needed), which may include
the construction of a new bat
roost within the project area.
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Resolution No. P- -22
EA2021-0001

EXHIBIT C
388 VINTAGE PARK DRIVE

TRANSPORTATION DEMAND MANAGEMENT PLAN
Prepared by Kimley Horn, September 23, 2021
TDM Summary
TDM # TDM Measure Description
1 Free/Preferential Parking for
Carpools
The project has allocated a total of 14
preferred parking spaces, which
includes clean air, vanpool, and
electric vehicle spaces.
2 TDM Coordinator/Contact Person Designated TDM Coordinator would facilitate the TDM program.
3 Actively Participate in
Commute.org, or Transportation
Management Association (TMA)
Equivalent
Helios Real Estate Partners to
coordinate with the building tenant and
obtain certification of registration from
Commute.org or similar TMA
incorporation documents.
3a Certified participation in
Commute.org, or equivalent
program such as TMA
3b Commute assistance and ride-
matching
3c Shuttle Program/Shuttle
Consortium/Fund Transit Service
3d Guaranteed Ride Home
3e Orientation, Education,
Promotional Programs and/ or
Materials
Once registered to Commute.org,
employees will have access to these
resources to assist with determining
optimal mode of transportation.
4 Carpool or Vanpool Program The project to provide a carpool or vanpool program for employees and
register program with Commute.org for
active users to become eligible for
fiscal rewards.
5 Transit or Ridesharing
Passes/Subsidies
Distribute transit passes, subsidized
transit passes, or carpool/vanpool
subsidies that is equivalent to 30
percent of their monthly fare value or
$50 monthly.
6 Pre-Tax Transportation Benefits Provide employees the option to participate in a pre-tax transit program
and use pre-tax income to pay for
commute cost.
7 Secure Bicycle Storage The project will provide enough bicycle 316
Resolution No. P- -22
EA2021-0001
parking spaces to meet the minimum
CalGreen requirements.
8 Showers, Lockers, and Changing
Rooms for Cyclists
Provide showers and changing rooms
for those walking/bicycling to work. The
project is expected to provide 4
showers, lockers, and changing rooms.
9 Design Streets to Encourage
Bike/Ped Access
Provide bicycle and pedestrian access
on-site.
10 Reduced Parking Project proposes to provide 210
parking spaces and is more than 10%
less than the 320 required parking
spaces based on the City's Municipal
Code.
317
ORDINANCE NO. _____

AN ORDINANCE OF THE CITY OF FOSTER CITY OF AN AMENDMENT TO THE

FOSTER CITY ZONING MAP TO MODIFY THE PREVIOUSLY APPROVED GENERAL DEVELOPMENT PLAN FOR THE 57-ACRE PORTION OF THE + 132-

ACRES LAND KNOWN AS VINTAGE PARK TO REPLACE THE APPROXIMATELY 11,000 SQUARE-FOOT RESTAURANT USE WITH AN APPROXIMATELY 124,395

SQUARE FEET OF RESEARCH AND DEVELOPMENT (R&D) OFFICE USE, ASSOCIATE PARKING AND SITE IMPROVEMENTS LOCATED AT 388 VINTAGE PARK DRIVE – W-SW 388 OWNER IX L.P. C/O STEELWAVE CDS, LLC – APN 094- 901-270 – NEIGHBORHOOD VINTAGE PARK (VP) – RZ2021-0003

CITY OF FOSTER CITY

THE CITY COUNCIL OF THE CITY OF FOSTER CITY DOES FIND AND ORDAIN as follows:

Section 1. The City Council has reviewed the evidence and recommendations of the Planning Commission and based on facts and analysis in the Staff Reports, written and oral testimony, and exhibits presented, finds:

A.The proposed Rezoning/General Development Plan Amendment would not be detrimental to the general health, welfare and safety of the City of Foster City and will be in furtherance of and in accordance with the General Plan of the City of Foster City because the proposal will:
a.be consistent with the Research/Office Park General Plan Land Use designation of the subject site;
b.redevelop an underutilized site and provide for economic development consistent with Land Use Goals LUC-I and LUC-K, and Policy LUC-D; c.promote sustainability through redevelopment of a vacant, urban site, construction of an energy efficiency building consistent with Policies LUC- H-1 and LUC-H-5;
d.incorporate high-quality architectural design and materials, providing a fresh statement for the neighborhood in a contemporary style and is in keeping with recently approved Gilead lab office buildings in the Vintage Park neighborhood consistent with Land Use Goal LUC-B; and e.provide for adequate on-site parking for safe and effective circulation, consistent with Land Use Goal LUC-G and Policy LUC-G-1.

B.The total square footage of Research and Development in the Vintage Park General Development Plan area will increase by approximately 95,931 gross square feet which will not be detrimental to present and planned surrounding uses because, although it would intensify the land use on the existing site, the redeveloped use would be compatible with surrounding land uses; and 318
C.Existing and proposed utility services and facilities and other public improvements such as fire and police protection; school services; open space and recreation; water supply; wastewater treatment; solid waste and electricity, gas and telecommunications are adequate for the proposed R&D building as analyzed in the Initial Study and Draft EIR.
a.Fire Service. SMC Fire that currently serve the project area have sufficient staffing and capacity to continue serving the site without reducing average response times to the site or vicinity. The proposed project would also be required to meet all applicable fire code regulations.
b.Police Service. The existing number of sworn officers can serve the proposed project.
c.The anticipated increased demand school, open space or recreation facilities are minimal and would not require the expansion of existing facilities. d.Anticipated water requirements or wastewater discharges are expected to be less than the previous restaurant use and will not require the expansion of the existing systems.
e.The amount of solid waste generated will not substantially shorten the life of the landfill; and
f.Other utilities serving the project are expected to be adequate.

D.While project will provide 210 parking spaces where 309 are required under the Foster City Municipal code, a Parking Need Study concludes that overall parking demand without any TDM would range from 168 spaces to 207 spaces, and with 15% non-auto use/TDM would range from 143 to 176 spaces. The project TDM Plan concluded that implementation of plan would result in a 44% reduction of vehicle trip, exceeding the 35% threshold set by C/CAG TDM Policy Update. The proposed parking would be adequate to serve the proposed project. Off-street parking requirements in a PD district, allows for deviation from the total number of required to allow for greater flexibility in required parking capacity tailored to individual projects and trends in mobility options; and E.The Specific Development Plan/Use Permit(s) for the proposed use will be consistent with the Vintage Park Design Guidelines, the Vintage Park Signage Guidelines and the intent and purpose of Chapter 17.58 of the Foster City Municipal Code in order to ensure that the site and building developed will be well designed and attractive, will function in a safe manner, and will relate well to surrounding sites and buildings in the Vintage Park development; and F.The proposed project will not have a detrimental and immitigable financial impact on the City; and
G.The proposed Rezoning will not have any significant adverse environmental impacts and is the subject of an Environmental Impact Report (SCH #2021070398). The Planning Commission reviewed and considered the Final EIR (consisting of the Draft EIR and the Final Responses to Comments Document) and 319
other written correspondence, verbal testimony, staff reports, and background reports on July 7, 2022 and recommended City Council certification of the Final EIR and adoption of the Standard Conditions of Approval and Mitigation Monitoring and Reporting Program (SCAMMRP) by the City Council by adoption of Resolution P-11-22. The Final EIR was certified, and the CEQA findings and SCAMMRP were approved, by the City Council on September 19, 2022 (EA2021- 0001).

Section 2. The City of Foster City Zoning Map is hereby amended to modify the previously approved General Development Plan on the 57-acre portion of the + 132- acres land known as Vintage Park to replace the approximately 11,000 square-foot restaurant use to a C-M/PD Commercial Mix/Planned Development Combining District with an amended General Development plan to allow an approximately 124,395- square-foot, four-story (81-foot-tall) Research and Development (R&D) building including 210 parking spaces located at 388 Vintage Park Drive (APN 094-901-270) as shown on Exhibits A and B of this Resolution, attached hereto and incorporated herein.

Section 3. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it should have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional.

Section 4. Taking Effect. This Ordinance shall take effect and be in force thirty (30) days from and after its adoption.

Section 5. Posting. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall have it posted in three (3) public places designated by the City Council.
320
This Ordinance was introduced and read on the ____day of ________, 2022, and passed and adopted on the day of_______ , 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________

RICHA AWASTHI, MAYOR
ATTEST:
_____________________________

PRISCILLA SCHAUS, CITY CLERK
321

EXHIBIT A

AMENDED GENERAL DEVELOPMENT PLAN FOR VINTAGE PARK
The CM/PD (Commercial Mix/Planned Development Combining) District zoning of the + 132-acre site in Vintage Park (APNs: 094-122-050; -060; -070; -080; -110; -120; -130; -140; -150; 094-901- 290; -300; -310; -340; -370; -380; -390; -400; -410; 094-904-040; 130; 094-901-250; -260; -270; - 280; -350; -360; 094-902-060; -070; -090; -120; -130; -140; 094-903-040; 094-904-290; -300; -310; - 320; -330; -340;094-905-040; -050; -060; -070; -080; -090; 123-400-010; -020; -030; -040; -050; - 060; -070; -080; -090; -100; -110; -120; -130; -140; -150; -160; -170; -180; -190; and 200) is herewith limited and specified as follows:
a. Within the ± 72.59-acre portion of Vintage Park (APNs: 094-122-050; -060; -070; -080; -110; -120; -130; -150; 094-901-290; -300; -310; -340; -370; -380; -390; -400; -410; 094- 904-290; -300; -310; -320; -330; and 340;) to allow development of up to 2,500,600 square feet of corporate biopharmaceutical campus consisting of up to 1,274,000 square feet of maximum office space; 1,203,000 square feet of biopharmaceutical laboratory space; 23,600 square feet of materials storage/warehouse spaces; and ancillary facilities (parking spaces (at-grade and in parking structures), cafeteria, pilot plant, meeting spaces, manufacturing and fitness facilities) with the option to separate vehicular and pedestrian circulation by closing off Lakeside Drive to through-traffic in accordance with the plans on file in the Community Development Department.
b. Within the ± 4-acre portion of Vintage Park (APN: 094-122-140 — 303 Velocity Way), uses shall be limited to development of up to 295,000 square feet of office, research and development, light assembly uses and ancillary facilities (including childcare, cafeteria, and exercise facilities), subject to the prior approval of the City. Parking for the building shall be provided on adjacent properties (APN5: 094-901-290, -300; -310; -340; -370; -380; -390; - 400; -410; 094-904-290; -300; - 310; -320; -330; -340; 094-120-050; -060; -070; -080; -110; -120; -130; and 150) within 300 feet of the building entrance at a ratio of 4/1,000 with a 15% reduction (total of 853 spaces).
c. Within the remaining 57-acre portion of Vintage Park (APNs: 094-904-040; 130; 094- 901- 250; -260; -270; -280; -350; -360; 094-902-060; -070; -090; -120; -130; -140; 094- 903-040; 094-905-040; -050; -060; -070; -080; -090; 123-400-010; -020; -030; -040; - 050; -060; 070; -080; -090; -100; -110; -120; -130; -140; -150; -160; -170; -180; -190; and 200) as depicted in Exhibit B, uses shall be limited to allow development of up to ± 202,158 sq. ft. of office space; up to ± 236,763 sq. ft. of research and development space; up to two (2) hotels with a total of 475 rooms of up to ± 353,246 sq. ft.; up to ± 10,803 sq. ft. of restaurant/retail space; and a one-acre lake/open space area, with internal site circulation to be provided in accordance with the plans on file in the Community Development Department. 322

EXHIBIT B

GRAPHIC FOR VINTAGE PARK GENERAL DEVELOPMENT PLAN AREA
323
RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY GRANTING

AN APPEAL AND OVERTURNING A DECISION OF THE PLANNING COMMISSION

DENYING AN APPROVAL OF THE SPECIFIC DEVELOPMENT PLAN/USE PERMIT REQUEST FOR THE PROPOSED APPROXIMATELY 124,395 SQUARE-FOOT FOUR- STORY 81’-0” TALL RESEARCH AND DEVELOPMENT (R&D) OFFICE BUILDING WITH 210 PARKING SPACES – LOCATED AT 388 VINTAGE PARK DRIVE – NEIGHBORHOOD VP – W-SW 388 OWNER IX L.P. C/O STEELWAVE CDS, LLC (OWNER AND APPELLANT) – APN 094-901-270 – UP2021-0023

CITY OF FOSTER CITY
WHEREAS, DES Architects+Engineers, as project applicant, on behalf of the property owner, SteelWave CDS, LLC., requested Planning Commission approval of a Specific Development Plan/Use Permit for construction of an approximately 124,395- square-foot, four-story, approximately 81’-0” tall Research and Development (R&D) office building including 210 parking spaces located at 388 Vintage Park Drive at the northwest corner of Vintage Park Drive and Chess Drive (APN 094-901-270) in the Vintage Park neighborhood; and
WHEREAS, the City of Foster City, in accordance with the requirements of the California Environmental Quality Act (California Public Resources Code Sections 21000 et seq.) and implementing guidelines (“CEQA”) adopted by the Secretary of Resources, and the City of Foster City Environmental Review Guidelines, has prepared an Environmental Impact Report (EIR) (SCH #2021070398), Standard Conditions of Approval and Mitigation Monitoring and Reporting Program (SCAMMRP), and CEQA Findings, which, combined, adequately analyze the environmental impacts of the proposed Project and mitigate potential environmental impacts such that they are reduced to levels below established thresholds of significance (EA2021-0001); and WHEREAS, full public involvement in the preparation of this Specific Development Plan/Use Permit and the associated EIR has been ensured through duly noticed Planning Commission Study Sessions, public hearings and other means; and including the following:

1.City Council Development Project Preliminary Review meeting took place on January 19, 2021 to introduce the proposed project to the City Council and the public and receive feedback prior to initiating the entitlement process.

2.Planning Commission meeting on August 12, 2021 for a scoping meeting to identify topics appropriate for review under the provisions of the California Environmental Quality Act (CEQA) and analysis in the Environmental Impact Report.

3.Planning Commission Study Session on August 12, 2021 to review site and architectural plans and other documentation submitted by the applicant in support of the proposed redevelopment of the subject site. 324

4.Planning Commission Study Session follow-up on November 18, 2021 to review additional materials related to the financial feasibility of alternative development scenarios, increased parking supply and a proposed TDM plan.

5.Planning Commission Public Hearing on January 25, 2022 to solicit feedback, from both the Commission and members of the public, on the adequacy of the Draft EIR for the proposed project.

WHEREAS, a Notice of Public Hearing was duly posted, published and mailed for consideration of the Specific Development Plan/Use Permit request at the Planning Commission meeting of April 7, 2022, and on said date the Public Hearing was opened, held and closed; and
WHEREAS, due to two of the Commissioners being absent on April 7, 2022, at the request of the Applicant, the Planning Commission voted to continue the item to the May 5, 2022 Regular meeting; and
WHEREAS, at the May 5, 2022 Public Hearing, the Planning Commission continued the item to a date uncertain to allow for staff to research and provide clarifications related to prevailing wage and local hire requirements, jobs-housing imbalance, TDM effectiveness, and transportation effects; and WHEREAS, at the July 7, 2022 Public Hearing, the Planning Commission, by adoption of Resolution P-11-22, on a vote of 4-0-1 recommended that the City Council certify the Final EIR and adopt the SCAMMRP and Statement of Findings under CEQA for the proposed project; and
WHEREAS, at the July 7, 2022 Public Hearing, the Planning Commission on a vote of 3-1-1 denied a Resolution recommending to the City Council an approval of an amendment to the Vintage Park GDP and denied the approval of the Specific Development Plan/Use Permit for the proposed approximately 124,395 square-foot research and development office use at 388 Vintage Park Drive; and WHEREAS, following the Planning Commission meeting on July 7, 2022, the property owner and appellant filed an Appeal on July 18, 2022 for reversal of the Planning Commission’s recommendation to the City Council to deny the Rezoning/GDP amendment and the Planning Commission’s decision to deny the Use Permit; and WHEREAS, a Notice of Public Hearing was duly posted, published and mailed for consideration of the Planning Commission’s actions on the three (3) project applications and a request for appeal of Planning Commission denial related to the proposed project in accordance with the City’s adopted procedures at the City Council meeting of August 15, 2022, and on said date the Public Hearing was opened, held and closed; and
325

WHEREAS, at the August 15, 2022 City Council Regular Meeting, the City Council found that the project is consistent with the City’s major General Plan Goals and Policies, Municipal Code and provides feasible mitigation measures to reduce environmental impacts identified in the subject EIR and adopted Minute Order No. 1868 directing staff to bring back a resolution to approve the appeal and directing the appellant to work together with unions to resolve prevailing wage issue (passed 4-1-0 with Councilmember Froomin voted “no”); and
WHEREAS, the City Council of the City of Foster City has reviewed and considered the proposed project, all written correspondence, verbal testimony, staff reports, and supporting documents and reports prepared.

NOW, THEREFORE, BE IT RESOLVED that the City Council, based on facts and analysis in the Staff Report, written and oral testimony, and exhibits presented, finds:

A.The proposal to construct an approximately 124,395 square-foot, four-story, approximately 81’-0” tall with mechanical penthouse, Research and Development (R&D) office building including 210 parking spaces would be consistent with the Foster City General Plan, Chapters 17.28 (C-M Commercial Mix District) and

17.36 (PD Planned Development) of Title 17, (Zoning), and Chapter 2.28, (Planning), of Title 2, (Administration and Personnel), of the Foster City Municipal Code, because the proposal, as conditioned in Exhibit A will:
a.be consistent with Research/Office Park General Plan Land Use designation of the subject site;
b.result in greater variety of land uses as well as density and intensity of land uses in the area consistent with Land Use Goal LUC-C and Land Use Policy LUC-C-12;
c.provide basic goods and services to residents and employees within walking distance consistent with Land Use Goal H and Land Use Policies D-1, D-2, E-8; and H-3
d.architecturally complement the surrounding built environment, with the overall scale and massing of the project punctuating the verticality of adjacent buildings and structures while remaining in character with the overall development pattern of the neighborhood consistent with Land Use Goal LUC-B;
e.provide for economic development consistent with the principles of Land Use Goal LUC-I;
f.provide for adequate on-site parking for safe and effective circulation, consistent with Land Use Goal LUC-G and Land Use Policy LUC-G-1; and g.redevelop an underutilized site with a use for which there is a strong market demand.

B.That the design of the proposal would be compatible with the site’s environment with respect to use, forms, materials, colors, setbacks, location, height, design or similar qualities as specified in Chapter 2.28 (Planning) of Title 2, Administration and Personnel, and Section 17.58,010 of Chapter 17.58 (Architectural Control and Supervision) of Title 17, Zoning, of the Foster City 326

Municipal Code because the proposed 124,395 square foot outdoor R&D office building will:
a.be positioned in a similar location as the current vacant El Torito restaurant building, with a main frontage along Vintage Park Drive, and with sufficient setbacks that provide for significant landscaping along Vintage Park Drive.

The wraparound outdoor terrace is carved at the southeast corner of the proposed building to break the building mass and the result is a reduction in the perceived height of the building from both Vintage Park Drive and Chess Drive;
b.have a distinct base, body, and top as recommended in the Vintage Park Design Guidelines. The building design incorporates high- quality materials, providing a fresh statement for the neighborhood in a contemporary style and is in keeping with recently approved Gilead lab office buildings in the Vintage Park neighborhood; and
c.include a distinct entry plaza and lobby on Vintage Park Drive that reinforces the character or the area and connects the building to pedestrian circulation and outdoor areas;
d.maintain existing sidewalks and use existing ingress/egress to the site; e.include 22,000 square feet of open space across the site that will include trees and plan materials of varying sizes and forms, placed for interest, to reinforce smaller, more intimate spaces, screen other areas, and for connectivity; and f.implements the elements goals and design elements of the Vintage Park Design Guidelines.

C.That the proposal would not, under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use, and will not be injurious or detrimental to property and improvements in the neighborhood, property values in the area, or the general welfare of the City because:
a.the environmental impacts likely to result from the proposed building were adequately analyzed in the Environmental Impact Report prepared for the project, Implementation of Standard Conditions of Approval and Mitigation Measures identified in the EIR, the proposed project would not result in any significant impacts under CEQA; and
b.the building will not cause any significant solar, visual or other adverse long term impacts on adjacent or neighboring properties or adversely affect property values; the building will be compatible with surrounding buildings and will comply with the commercial intent and purpose of the zone in which the building will be located, consistent with the intent and purpose of the City’s Architectural Control and Supervision Ordinance as stated in Section

17.58.010B of the Foster City Municipal Code.

WHEREAS, the applicant has requested reduction in parking requirement under the provisions of Section 17.36.060, Off-Street Parking Requirements in a PD District, of Chapter 17.36, PD Planned Development Combining District, of Title 17, Zoning, of the Foster city Municipal Code and provided Parking Need Study by Dyett and Bhatia 327

dated October 15, 2020, and a TDM Plan by Kimley Horn dated September 23, 2021.

This section of the Foster City Municipal Code affords the Planning Commission with flexibility to consider reductions in parking requirements, compared to standard requirements on a case-by-case basis; and
WHEREAS, the applicant is requesting to provide 210 parking stalls where 309 stalls are required, a 32% reduction in parking. As indicated in the Parking Need Study and, with implementation of the TDM Plan submitted, the total on-site parking capacity of 210 would be adequate to satisfy the parking demand generated by the proposed use.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Foster City does hereby grant the appeal and approve UP2021-0023, subject to the conditions in Exhibits A, A-1, B and C attached hereto and incorporated herein.

PASSED AND ADOPTED as s Resolution of the City Council of the City of Foster City at a Regular Meeting thereof held on the 19 th day of September 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
____________________________

RICHA AWASTHI, MAYOR
ATTEST:
______________________________

PRISCILLA SCHAUS, CITY CLERK
328

EXHIBIT A
388 VINTAGE PARK DRIVE USE PERMIT CONDITIONS OF APPROVAL Conditions attached to approval of UP2021-0023

TABLE OF CONTENTS

1.0 GENERAL – APPLICABLE TO ALL

2.0 PRIOR TO ISSUANCE OF ANY PERMIT

3.0 PRIOR TO DEMOLITION PERMIT

4.0 PRIOR TO GRADING AND DRAINAGE

5.0 PRIOR TO UNDERGROUND UTILITIES

6.0 PRIOR TO STRUCTURAL AND ARCHITECTURAL SHELL

7.0 PRIOR TO TENANT IMPROVEMENTS

8.0 PRIOR TO LANDSCAPE AND FLATWORK

9.0 GENERAL CONSTRUCTION PRACTICES

10.0 PRIOR TO OCCUPANCY

11.0 OPERATIONAL REQUIREMENTS
BOLD: INDICATES SITE SPECIFIC CONDITION
329

1.0 GENERAL

1.4 This Use Permit may be modified by the implementation of new or revised conditions when, in the judgment of the Planning Commission, imposition of such new or revised conditions is essential in order to address a violation of the Foster City Municipal Code or EMID Code to protect the public health, safety, morals, or general welfare.
330

(PC)

1.6 Bonds: Prior to issuance of a building permit, all required bonds shall be submitted and all required fees shall be paid to the City/District as follows:

1.6.3 Landscaping Installation and Maintenance Costs
Applicant shall provide suitable securities acceptable to the City, in the amount of 100% (performance), 100% (labor and material), and a 50% (maintenance) of all landscaping installation and maintenance costs guaranteeing the installation of landscaping and related site improvements and maintenance costs for the 12-month period following installation and acceptance.
The performance bond and the labor and material bonds shall be released upon satisfactory completion of improvements.
331

The warranty bond will be released when requested by the owner and upon completion of warranty inspection and necessary repairs. Applicant shall provide a document verifying the cost of both landscape installation and landscape maintenance for 12 months (one copy to the Engineering Division and one copy to the Community Development Department).
(CDD)

The minimum deposit amount required is 6 percent of the estimated cost for the public and/or site improvements, or $20,000, as determined by the Engineering Division.

Modifications on Chess Drive shall not restrict the existing allowed turning movements and shall meet all safety and traffic warrants and requirements. The cost of any necessary improvements shall be borne by the applicant and all improvements are subject to the approval of the City Engineer.
332

1.10 The applicant shall perform outreach to adjacent property owners and businesses impacted by any median improvements.

1.13 All sanitary sewer improvements are to be constructed to the satisfaction of the Engineering Division.
(E/PW)

1.14 All stormwater improvements shall be constructed to the satisfaction of the Engineering Division.
(E/PW)

1.15 All fire safety improvements shall be constructed to the satisfaction of the San Mateo Consolidated Fire Department.
(FIRE)

1.18 The applicant shall submit a separate Sign Use Permit for review and approval by the Planning Division for all exterior Building Identification signs.

1.19 The Applicant (or the project sponsor) shall pay the Affordable Housing Commercial Linkage Fee per Municipal Code Chapter 17.88 333

as well as all development impact fees in effect at the time of building permit issuance. The amount of impact fees to be paid shall be those in effect at the time of payment of such fees.
(CDD)

2.0PRIOR TO ISSUANCE OF ANY PERMIT

The geotechnical report for the project shall include evaluation of fixtures, furnishings, and fasteners with the intent of minimizing collateral injuries to building occupants from falling fixtures or furnishings during the course of a violent seismic event. Recommendations that are applicable to foundation design, earthwork, and site preparation that were prepared prior to or during the projects design phase, shall be incorporated in the project.
Final seismic considerations for the site shall be submitted to and approved by the Building Division prior to commencement of the project. If deemed necessary by the Chief Building Official, a peer review may be required for the geotechnical report. Personnel reviewing the geologic report shall approve the report, reject it, or withhold approval pending the submission by the applicant or subdivider of further geologic and engineering studies to more adequately define active fault traces. A licensed geotechnical engineer or their representatives shall be retained to provide geotechnical observation and testing during all earthwork and foundation construction activities. The geotechnical engineer shall be allowed to evaluate any conditions differing from those encountered during the geotechnical investigation and shall provide supplemental recommendations, as necessary. At the end of construction, the geotechnical engineer shall provide a letter regarding contractor compliance with project plans and specifications and with the recommendations of the final geotechnical investigation report and any supplemental recommendations issued during construction. The letter shall be submitted for review to the Building Division. In locations underlain by Bay Mud and/or non-engineered fill, the designers of proposed building foundations and improvements (including sidewalks, roads, driveways, parking areas, and utilities) shall consider these conditions. The design-level geotechnical investigation shall include measures to ensure potential damage related to compressible materials or soils and non-uniformly compacted fill are minimized. Mitigation options may range from removal of the problematic soils, and replacement, as needed, with properly conditioned and compacted fill to design and construction of improvements to withstand the forces exerted during the expected settlements. All mitigation measures, design criteria, and specifications set forth in the site-specific design-level geotechnical report, and the City of Foster City Building Department standards shall be followed to reduce impacts associated with problematic soils to a less-than-significant level. In locations underlain by expansive soils the designers and engineers of proposed building foundations and improvements (including piles, sidewalks, roads, driveways, parking areas, and utilities) shall consider the site’s potential to be underlain by soils with high shrink-swell potential. A site-specific design-level geotechnical investigation, prepared by a licensed professional, shall include measures to ensure potential damage related to expansive soils and non-uniformly compacted fill and engineered fill are minimized. Mitigation options may range from removal of the problematic soils, and replacement, as 335

needed, with properly conditioned and compacted fill to design and construction of improvements to withstand the forces exerted during the expected shrink-swell cycles and settlements. All design criteria and specifications set forth in the design-level geotechnical investigation shall be implemented to reduce impacts associated with problematic soils.
The final geotechnical investigation report shall provide recommendations to minimize the potential damage to structures from total and differential settlement and to protect steel and concrete (and any other material that may be placed in the subsurface) from long-term deterioration caused by contact with corrosive on-site soils. All design measures, recommendations, design criteria, and specifications set forth in the final geotechnical investigation report shall be implemented. The final geotechnical investigation report shall provide recommendations to minimize the potential damage to utilities and flatwork due to settlement. Analysis and investigation shall include, but not be limited to, historic, and proposed grade changes, sensitivity to new loading, increased densities due to over-excavation and re- compaction, secondary compression, and induced settlement within the building area in the evaluation of the potential range of future settlements, and the need for special measures such as flexible utility connections, hanging underslab utilities, hinges slabs at building/flatwork transitions, etc.
(BD)

b) Acknowledge in writing that they have read and understand the project conditions of approval, particularly those pertaining to construction practices and site safety, and will make certain that all project sub- contractors have read and understand them prior to commencing work and that a copy of the project conditions of approval will be posted on site at all times during construction.
(CDD, BD)

The Site Logistics Plan shall be subject to approval by the Community Development Director.
337

The Site Logistics Plan designated storage areas for material delivery, storage, and waste collection shall be as far away from catch basins, gutters, drainage courses, and water bodies as possible. All hazardous materials and wastes used or generated during project site development activities shall be labeled and stored in accordance with applicable local, state, and federal regulations. In addition, an accurate up-to-date inventory, including Material Safety Data Sheets, shall be maintained on-site to assist emergency response personnel in the event of a hazardous materials incident.
The Site Logistics Plan designated area for all maintenance and fueling of vehicles and equipment shall be bermed or over a drip pan that will not allow run-off of spills. Vehicles and equipment shall be regularly checked and have leaks repaired promptly at an off-site location.

2.11 Beginning July 1, 2019, applicants shall complete and submit the “PCB Screening Assessment Form” for any project requiring a demolition permit (BD, E/PW)

Documentation of the surveys and abatement activities shall be provided to the City prior to the demolition of structures located at the project site. (BD, FIRE)

2.14 Prior to issuance of a building permit, the plans shall demonstrate compliance with the San Mateo Countywide Water Pollution Prevention Program, (see www.flowstobay.org including, but not limited to, submittal of checklists related to impervious surface and stormwater:
C.3 and C.6 Checklist
Project applicant checklist for NPDES Permit Requirements Stormwater Control Plan: Any improvements identified in the SWCP shall be constructed prior to first occupancy to the satisfaction of the Engineering Division.
(E/PW)

Best Management Handbook-Construction. The SWPPP shall be designed to address the following objectives:
All pollutants and their sources, including sources of sediment associated with construction activity are controlled;
Where not otherwise required to be under a Regional Water Board permit, all non-stormwater discharges are identified and either eliminated, controlled, or treated;
Site Best Management Practices (BMPs) are effective and result in the reduction or elimination of pollutants in stormwater discharges and authorized non-stormwater discharges from construction activity to the Best Available Technology and Best Conventional Technology (BAT/BCT) standard; and
Stabilization BMPs installed to reduce or eliminate pollutants after construction are completed.
Best Management Practices (BMPs) shall be designed to mitigate construction-related pollutants and at a minimum, include the following:
- Practices to minimize the contact of construction materials, equipment, and maintenance supplies (e.g., fuels, lubricants, paints, solvents, adhesives) with stormwater. The SWPPP shall specify properly-designed centralized storage areas that keep these materials out of the rain.
- Reduce erosion of exposed soil which may include, but are not limited to: soil stabilization controls, watering for dust control, perimeter silt fences, placement of hay bales, and sediment basins. The potential for erosion is generally increased if grading is performed during the rainy season because disturbed soil can be exposed to rainfall and storm runoff.
- If grading must be conducted during the rainy season, the primary BMPs selected shall focus on erosion control (i.e. keeping sediment on the site). End-of-pipe sediment control measures (e.g. basins and traps) shall be used only as
secondary measures. Ingress and egress from the
construction site shall be carefully controlled to minimize off- site tracking of sediment. Vehicle and equipment wash-down facilities shall be designed to be accessible and functional during both dry and wet conditions.
The SWPPP shall specify a monitoring program to be implemented by the construction site supervisor, and shall include both dry and wet weather inspections. In addition, in accordance with State Water Resources Control Board requirements, monitoring shall be required during the construction period for pollutants that may be present in the runoff that are “not visually detectable in runoff.” To educate on-site personnel and maintain awareness of the 340

importance of stormwater quality protection, site supervisors shall conduct regular tailgate meetings to discuss pollution prevention.

The SWPPP shall be prepared to the satisfaction of the Engineering Division. (E/PW)

2.18 Prior to issuance of a building permit a pre-construction condition visual or video survey of the roadway shall be prepared for review and approval by the Engineering Division. The roadway survey shall determine the PCI (Pavement Condition Index) of the pavement/roadway adjacent to the project and along the approved construction haul routes shall be performed by an engineering firm approved by the Engineering Division. The survey shall be paid for by the project developer and shall establish a baseline PCI for the streets affected during construction. Prior video survey may be considered.
(E/PW)

Report shall document pre-existing condition of curb and gutter, as well as sidewalk hazards/defects that are in need of repair.
(E/PW)

2.23 The applicant shall prepare a project-specific Construction Risk Management Plan (CRMP) to protect construction workers, the general public, and the environment from subsurface hazardous materials previously identified and to address the possibility of encountering unknown contamination or hazards in the subsurface.

developed by the contractor(s), with the approval of the City and/or appropriate regulatory agency

2.24 The applicant shall submit a letter from the Vintage Park Community Association with final approval of the architectural and landscape plans.
(CDD)

3.0PRIOR TO DEMOLITION PERMIT

3.3 Beginning July 1, 2019, applicants shall complete and submit the “PCB Screening Assessment Form” for any project requiring a demolition permit (BD,E/PW)

Documentation of the surveys and abatement activities shall be provided to the City prior to the demolition of structures located at the project site. 343

(BD, FIRE)

4.0PRIOR TO GRADING AND DRAINAGE

5.0PRIOR TO UNDERGROUND UTILITIES

they have the least possible impact on the design of the building and site.

All utilities shall be underground.
(E/PW, BD)

5.6.a The plans show all existing and proposed Easements. (CDD, BD, FIRE, E/PW)

5.7Wastewater System

5.7.1 The applicant shall have a registered civil engineer prepare a sewer flow projection study and a hydraulic capacity study, to be submitted to the Engineering Division for review. The study shall meet the approval of the Engineering Division and should:
Verify that the existing sewer system is properly sized to meet the projected increase in wastewater generation on the
project site.
Study the on and off-site sewer system (including lift stations) which services the project (both upstream and downstream). Show the new connecting points to the existing sewers and model the estimated flows and peaking factors, as they relate to the changes in land use for the proposed project.

5.7.3 The existing sewer system should be capped at the property line unless it is going to be reused. Lateral should not be abandoned in place.
(E/PW)

5.8Storm Water System

5.8.1 Prior to issuance of a building permit, the improvement plans shall include the design of stormwater improvements in accordance with the City’s Standard Details/Specifications and to the satisfaction of the Engineering Division. Stormwater improvements items of construction should include at least the following:
surface and subsurface storm drain facilities;
manholes with manhole frames and covers;
catch basins and laterals;
construct all catch basins as silt detention basins;
And together with appurtenances, to any or all of the above. (E/PW)

The amount of runoff, and existing and proposed drainage structure capacities.
Verification that the existing storm drain system is adequately sized to handle the run-off from the project.
Conformance with the City’s Drainage Design
Criteria/Standards available on the City’s website:
https://www.fostercity.org/publicworks/page/city-standard- design-criteria
Calculations and plans showing hydraulic gradelines.
Evidence that the system is capable of handling a 25-year storm with the hydraulic grade line at least one foot below every grate.

No overloading of the existing system will be permitted. All needed improvements shall be installed by the applicants at applicants’ sole cost.
(E/PW)

5.8.3 The applicant shall fully comply with the C.3 provisions of the Municipal Regional Stormwater NPDES Permit (MRP).

All Stormwater control measures outlined in the current San Mateo Countywide Water Pollution Prevention Program’s C.3 Stormwater Technical Guidance manual shall be incorporated into the project design. Low Impact Development features, including rainwater harvesting and reuse, and passive, low-maintenance BMPs (e.g., grassy swales, porous pavements) are required under the MRP.

The drainage plan shall be prepared to the satisfaction of the Engineering Division.
(E/PW)

5.8.6 Prior to installation of any stormwater treatment improvements (i.e. bio-detention basins), the applicant shall notify the Engineering Division to coordinate the inspections required for the various elements of the stormwater treatment installation. Failure to obtain inspection and approval by City staff may require the applicant to remove any stormwater treatment components, which were not inspected by the City at the applicants cost. In addition, the Engineering Division shall be notified at least forty-eight (48) hours in advance to schedule the necessary inspections.
(E/PW)

5.8.7 Prior to installation of any stormwater treatment improvements, the applicant shall consult with the City to meet the
requirements of the City’s green infrastructure plan.
(E/PW)

5.9Water Distribution System

shall include: a map showing the project location, utility drawings for the project area (pdf and CAD files), a project description (type of development, number of units, land use, acreage, etc.), and a system demand analysis (including average daily demand, maximum daily demand, peak hour demand, and fire flow requirements), specific to the proposed development. The study shall include a detailed water pipe hydraulic flow analysis to determine whether the existing water distribution system is properly sized to meet the projected new water demands on the project site. All needed construction improvements to upsize the existing water distribution system to meet the demands of the new project shall be constructed to meet California Fire Code and San Mateo Consolidated Fire Department requirements, by the applicant at the applicant’s sole cost.
(BD, FIRE, E/PW)

5.9.2 Prior to the issuance of a building permit, the improvement plans shall include the design of a domestic water system to the satisfaction of the Engineering Division. Water distribution system items of construction shall include at least the following:
backflow prevention devices;
water mains - minimum main size is 8 in. in any area. Fire flow determined for buildings/areas per "The Guide for
Determining Required Fire Flow; Insurance Services Office; Municipal Survey Service;"
valves;
tees;
fittings;
hydrants;
meters;
services;
and together with appurtenances to any or all of the above; all water mains serving fire hydrants, shall be a minimum of 8" in diameter
(E/PW, FIRE)

5.9.3 Water lines shall be designed for fire flows to meet California Fire Code and Fire Department requirements.
(E/PW, FIRE)

for screening adjacent to property line. All backflow prevention assembly devices shall meet the California Health and Safety Code (CA H&SC) and installed in accordance with the USC specifications. (BD, E/PW, FIRE)

5.9.7 Sub-meters shall be provided for each individual dwelling unit if individual meters are not provided. The required water sub-meters shall be installed prior to occupancy.
(BD, E/PW)

6.0PRIOR TO ARCHITECTURAL AND STRUCTURAL SHELL

(BD, CDD)

6.9 Prior to issuance of the architectural/structural shell permit, all emergency vehicle access and location of building numbers shall be identified to the satisfaction of the City.
(FIRE, POL, CDD)

The Checklist shall be updated, if necessary, prior to issuance of the Tenant Improvement.
(BD)

of two inlets. Each building shall have an independent fire sprinkler system and FDC.
oThe required double check valve assembly shall be located on the drawings and provisions included for screening.
Fire Sprinklers:
oA combination fire sprinkler and fire standpipe shall be provided for each building.
oAll new buildings/new construction except for Single Family houses (R3) shall install a National Fire Protection Association (NFPA) 13 Fire Sprinkler system. Single family homes shall have fire sprinkler systems complying with NFPA 13D.
oA horn strobe shall be installed in the area of the FDC at a location approved by the Fire Marshal.
Fire Pumps:
oA fire pump if required to meet minimum fire flow requirements, shall be provided to meet the fire sprinkler and standpipe demand(s).
oElectric fire pumps are only acceptable with generator backup. Fire Alarm System:
oFire alarm system(s) shall be zoned by address, floor, area and type of device.
oThe fire alarm system(s) for the building shall have a horn/strobe system in each residential unit and a speaker/strobe system in the common areas.
(BD, FIRE)

6.14 Roof access shall be provided from at least one stairway in each building. (BD, FIRE)

7.0PRIOR TO TENANT IMPROVEMENTS

The details of noise attenuation recommended in the report will be subject to the review and approval of the Chief Building Official. 353

(BD)

7.3 Prior to issuance of the building permit, plans for the fire sprinkler system and fire alarm system in accordance with the California Fire Code, Title 15 of the Foster City Municipal Code, and NFPA 13 and 72 shall be submitted and approved by the Chief Building Official and Fire Marshal. Installation shall be completed and approved prior to building occupancy. General:
oAll PIV, OS & Y valves and Zone valves, etc. must be tamper switched.
oAll Fire Department connections (FDCs) must be within 50 ft. or less of a water supply (fire hydrant). FDCs must have a minimum of two inlets. Each building shall have an independent fire sprinkler system and FDC.
oThe required double check valve assembly shall be located on the drawings and provisions included for screening.
Fire Sprinklers:
oIf elevators are provided, fire sprinkler heads shall be included in all elevator pits if required by CBC.
oA combination fire sprinkler and fire standpipe shall be provided for each building.
oAll new buildings/new construction except for Single Family houses (R3) shall install a National Fire Protection Association (NFPA) 13 Fire Sprinkler system. Single family homes shall have fire sprinkler systems complying with NFPA 13D.
oA horn strobe shall be installed in the area of the FDC at a location approved by the Fire Marshal.
Fire Pumps:
oA fire pump if required to meet minimum fire flow requirements, shall be provided to meet the fire sprinkler and standpipe demand(s).
oElectric fire pumps are only acceptable with generator backup. Fire Alarm System:
oFire alarm system(s) shall be zoned by address, floor, area and type of device.
oThe fire alarm system(s) for the building shall have a horn/strobe system in each residential unit and a speaker/strobe system in the common areas.
(BD, FIRE)
354

7.5 A list of hazardous materials that will be used in a given space shall be provided to San Mateo Consolidated Fire Department for review and approval
(FIRE)

8.0PRIOR TO LANDSCAPE AND FLATWORK

8.1 Submit documentation and plans showing compliance with Chapter 8.8 of the EMID Code, including, but not limited to submittal of the Outdoor Water Use Efficiency Checklist.
(E/PW, CDD, BD)

8.4 Landscape plans shall include details of any fencing, walls and gates, to be reviewed and approved by the Community Development Director and the Chief Building Official.
(CDD, BD)

8.5 A planting plan neatly and accurately drawn to scale, indicating types, quantities, locations and sizes of all plant material including existing major 355

vegetation designated to remain and street trees, method of protecting planting areas from vehicular traffic, and planting areas to be irrigated on separate valves shall be submitted for Planning staff review and approval. (CDD)

8.9 Domestic backflow prevention devices shall be consistent with the most recent list of approved devices maintained by the County Department of Health.
(E/PW, BD)

8.10 Landscape plans shall show all planting areas shall be protected from common vehicular traffic by the provision of a 6-inch high concrete curb.

Rolled curbs are not acceptable.
(CDD)

a minimum of 15 gallons or larger. Only specimen size trees shall replace specimen size trees.
(CDD, Prior to planting)

9.0GENERAL CONSTRUCTION PRACTICES

9.3 The construction contractor shall place all stationary construction equipment so that emitted noise is directed away from sensitive receptors nearest the project site.
(BD)

9.4 All construction shall be completed in a professional manner and appearance.
(CDD)

9.5 The following controls shall be implemented at all construction sites within the project to control dust and/or mud production and fugitive dust. ●Water all active construction areas at least twice daily and more often during windy periods; active areas adjacent to existing sensitive land uses shall be kept damp at all times, or shall be treated with nontoxic stabilizers to control dust;
●Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least 2 feet of freeboard;
●Pave, apply water three times daily, or apply (nontoxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites;
●Sweep daily (with water sweepers) all paved access roads, parking areas, and staging areas at construction sites; and
●Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets.
●Blowing dust shall be reduced by timing construction activities so that paving and building construction begin as soon as possible after completion of grading, and by landscaping disturbed soils as soon as possible.
●Water trucks shall be present and in use at the construction site. ●All portions of the site subject to blowing dust shall be watered as often as deemed necessary by the City in order to insure proper control of blowing dust for the duration of the project.
●Watering on public streets shall not occur.
●All vehicle speeds on unpaved roads shall be limited to 15 mph. ●All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
●Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations (CCR). Clear signage shall be provided for construction workers at all access points. ●All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified visible emissions evaluator.
●Streets will be cleaned by street sweepers or by hand as often as deemed necessary by the City Engineer.
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●Watering associated with on-site construction activity shall take place between the hours of 8 a.m. and 7 p.m. and shall include at least one late-afternoon watering to minimize the effects of blowing dust. ●All public streets and medians soiled or littered due to this construction activity shall be cleaned and swept on a daily basis during the workweek to the satisfaction of the City.
●Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District‘s phone number shall also be visible to ensure compliance with applicable regulations. (BD)

9.6 The General Contractor shall provide qualified supervision on the job site at all times during construction.
(BD)

The storing of goods and/or materials on the sidewalk and/or the street will not be allowed unless a special permit is issued by the Engineering Division. (CDD, BD, E/PW)

and protozoa; and vertebrate fossils such as fish, whale, and sea lion bones. Fossil vertebrate land animals may include bones of reptiles, birds, and mammals. Paleontological resources also include plant imprints, petrified wood, and animal tracks.

Upon completion of the assessment, the paleontologist shall prepare a report documenting the methods and results, and provide recommendations for the treatment of the paleontological resources discovered. This report shall be submitted to the project applicant, the Foster City Community Development Department, and the paleontological curation facility.

Upon completion of the assessment, the archaeologist shall prepare a report documenting the methods and results of the analysis, and provide recommendations for the treatment of the archaeological deposits discovered. The report shall be submitted to the project applicant, the Foster City Community Development Department and the Northwest Information Center. Project personnel shall not collect or move any archaeological materials or human remains. Adverse effects to such deposits shall be avoided by project activities. If avoidance is not feasible (as determined by the City, in conjunction with the qualified archaeologist), the archaeological deposits shall be evaluated for their eligibility for listing in the California Register. If the deposits are not eligible, avoidance is not necessary. If the deposits are eligible, avoidance of project impacts on the deposit shall be the preferred mitigation. If adverse effects on the deposits cannot be avoided, such effects must be mitigated. Mitigation can include, but is not necessarily limited to: excavation of the deposit in accordance with a data recovery plan (see CEQA Guidelines Section 15126.4(b)(3)(C)) and standard archaeological field methods and procedures; laboratory and technical analyses of recovered archaeological materials; production of a report detailing the methods, findings, and significance of the archaeological site and associated materials; curation of archaeological materials at an appropriate facility for future research and/or display; preparation of a brochure for public distribution that discusses the significance of the archaeological deposit; an interpretive display of recovered archaeological material sat a local school, museum, or library; and public lectures at local schools and/or historical societies on the findings and significance of the site and recovered archaeological materials. The City shall ensure that any mitigation involving excavation of the deposit is implemented prior to the resumption of actions that could adversely affect the deposit.
(CDD, BD)

be submitted to the project applicant, the Foster City Community Development Department, the MLD, and the Northwest Information Center. (CDD, BD)

9.13 If the presence of hazardous materials is found on site, site remediation may be required by the applicable state or local regulatory agencies.

Specific remedies would depend on the extent and magnitude of contamination and requirements of the regulatory agency(ies). Under the direction of the regulatory agency(ies) and the City, a Site Remediation Plan shall be prepared, as required, by the applicant. The Plan shall: 1) specify measures to be taken to protect workers and the public from exposure to the potential hazards and, 2) certify that the proposed remediation would protect the public health in accordance with local, state, and federal requirements, considering the land use proposed. Excavation and earthworking activities associated with the proposed project shall not proceed until the Site Remediation Plan has been reviewed and approved by the regulatory oversight agency and is on file with the City. (E/PW, BD)

9.14 Engineering fill brought on-site shall be demonstrated, by analytical testing, not to pose an unacceptable risk to human health or the environment.

9.15 All excess fill shall be disposed of in accordance with City requirements. (E/PW)

9.16 The construction contractor shall protect all downstream sanitary sewer lines from construction debris while performing sanitary sewer construction.

Means to prevent construction debris must be used and shall be inspected by the construction inspector.
(E/PW)

Documentation includes submission of a completed Final Compliance Report with corresponding recycling, salvage, and disposal receipts/tickets 362

from the facilities, to demonstrate where the debris was recycled, salvaged, or disposed.
(BD)

10.0 PRIOR TO OCCUPANCY

10.2 Prior to occupancy, following utility work in the street, all pavement shall be restored.
(E/PW)

illustrating the route to be televised for approval of the Engineering Division prior to sediment removal. The storm drain pipe lines shall be televised after cleaning to verify that the sediment has been removed and to identify any damages to the storm drain pipe lines during construction. A post construction survey report shall be prepared identifying facilities to be repaired and confirming removal of sediment from storm lines. The applicant shall be responsible for constructing and financing any such repairs. Sediment left in mains shall be subject to re-cleaning at the applicant’s sole cost.
(E/PW)

10.10 Prior to final occupancy, the C.3 and C.6 Project Closeout Form shall be completed by City staff and placed in the project file. (E/PW)

10.11 Prior to occupancy, the applicant must provide recorded easements for access by Police, Fire and Public Work vehicles responding to emergencies 364

or maintaining, exercising, flushing or testing emergency equipment including fire hydrants, fire department connections, and any public utilities on the site. Plat and legal descriptions must be signed and stamped by a registered civil engineer and submitted to the Engineering Division for review. The applicant must also establish the 30-foot no build and maintenance easement with the VPCA on the VPCA park adjacent to the project site at the corner of Vintage Park Drive and Chess Drive.

10.16 Prior to final occupancy, additional plant materials may be required by the Community Development Director and shall be planted prior to final occupancy in order to screen utility connections, valves, backflow devices, and all above ground appurtenances, etc. to the satisfaction of the Community Development Director. This determination shall be made in the field after all screen utility connections, valves, backflow devices, and all above ground appurtenances, etc. have been installed and inspected (CDD)

10.17 The proposed project will be subject to any Development Impact fees that the City intends to adopt prior to certificate of occupancy. (CDD)

11.0 OPERATIONAL REQUIREMENTS

11.01 All improvements shall be maintained in a professional manner and appearance.
(CDD)

Signs announcing temporary sales or events and all other public convenience signs shall receive all required permits.
(CDD)

Development Director finds that the lack of a designated smoking area is resulting in an excess accumulation of trash, the Community Development Director may require the owner to establish a signed designated smoking area in compliance with Chapter 8.05 (Regulation of Smoking) of the Foster City Municipal Code.
(CDD)

11.07 The property owners/tenants are prohibited from discharging any commercial fertilizers, pesticides or herbicides into the lagoon or water features.
(E/PW)

11.08 The applicant/property owners/tenants shall control accumulations of petroleum wastes and other pollutants in the streets and parking areas by frequent sweeping.
(E/PW, CDD)

11.11 The trash enclosure has been designed to facilitate service the trash service that includes the truck operator moving the bins in and out of the enclosure.

No staging of bins outside of the trash enclosure shall be allowed, unless some alternative method is approved by the Community Development Director.
(CDD)

EXHIBIT A-1
388 VINTAGE PARK DRIVE
369

370

EXHIBIT B
388 VINTAGE PARK DRIVE

MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure Implementation
Responsibility/Action
Timing Monitoring
Responsibility/Action
Date
Completed/
Signature
Mitigation Measure TRA-1: Prior to
the issuance of a building permit,
the project sponsor shall revise the
project plans to show either: (1)
signage, markings, hardscape, or
other suitable treatments to
prohibit both inbound and
outbound left turns at the existing
Chess Drive driveway; or (2)
roadway improvements with
side‐by‐side center left turn lanes
on Chess Drive that are separated
by a hardscape median. A
suggested conceptual
configuration is shown in Figure

4.3‐5 of the Draft EIR.

Project Sponsor:
Revise project
plans so that the
project will not
result in both
inbound and
outbound left turns
at the project’s
Chess Drive
driveway
Prior to the issuance of
any building permit
Foster City Public
Works Department/
Building Inspection
Division:
Review revised
project plans for
consistency with
TRA-1
Mitigation Measure NOI-1: The
project contractor shall implement
the following measures, where
feasible, during construction of the
project:
Electrical power, rather than
diesel equipment, shall be
Project Sponsor:
Include NOI-1
requirements in
the contract and
performance
standards for the
project contractor.

Prior to execution of
project contractor
contract.

Ongoing throughout
Foster City Community
Development
Department:
Make regular
visits to the project
site to ensure that
measures detailed
371

used to run compressors and
similar power tools and to
power temporary structures,
such as construction trailers or
caretaker facilities.
All noise from workers’ radios
shall be controlled to a point
that they are not audible at
sensitive receptors near
construction activity.
Mobile construction equipment
shall have smart back-up
alarms that automatically
adjust the sound level of the
alarm in response to ambient
noise levels.

Project Contractor:
Ensure all
measures detailed
in NOI-1 are
implemented.
construction period. in NOI-1 are
implemented
Mitigation Measure BIO-1: If
possible, the project sponsor shall
avoid construction activities during
the bird nesting season (February
1 through August 31). If
construction activities are
scheduled during the nesting
season, a qualified biologist shall
conduct a pre‐construction survey
of all suitable nesting habitat (i.e.,
trees, shrubs, structures) within
250 feet of the project site (where
accessible). The pre‐construction
survey shall be conducted no
more than 14 days prior to the
start of work. If the survey
Project Sponsor:
Avoid construction
activities during
the bird nesting
season or retain a
qualified biologist
to conduct a pre-
construction
survey and
establish
protective buffer
zones as needed
if construction
must occur during
nesting season.

Prior to project
construction/throughout
construction period.

City of Foster City
Community
Development
Department
Ensure pre-
construction
survey is
completed, if
necessary,
consistent with
requirements of
BIO-1.
372

indicates the presence of nesting
birds, protective buffer zones shall
be established around the nests
as follows: for raptor nests, the
size of the buffer zone shall be a
250‐foot radius centered on the
nest; for other birds, the size of the
buffer zone shall be a 50‐ to
100‐foot radius centered on the
nest. In some cases, these buffers
may be increased or decreased
depending on the bird species and
the level of disturbance that will
occur near the nest.

Mitigation Measure BIO-2: A
qualified biologist shall conduct a
pre‐construction survey for
roosting bats at all suitable bat
roosting habitat (i.e., trees, the
unoccupied building) within the
project area within 14 days prior to
the beginning of project‐related
activities. If active bat roosts are
discovered or if evidence of recent
prior occupation is established, a
buffer shall be established around
the roost site until the roost site is
no longer active. Before any
construction activities begin in the
vicinity of the identified bat roosts
on the project site, a qualified
biologist shall conduct a training
Project Sponsor:
Retain a qualified
biologist to conduct
a pre-construction
survey for roosting
bats, establish
protective buffer
zones as needed,
and to conduct a
training session for
all construction
personnel.

Prior to project
construction.

City of Foster City
Community
Development
Department
Ensure pre-
construction
survey is
completed, any
necessary
protective buffer
zones are
established, and a
training session is
conducted for all
construction
personnel,
consistent with
requirements of
373

session for all construction
personnel. At a minimum, the
training shall include a description
of the bats and their habitat, the
specific measures that are being
implemented to conserve the bat
roosts for the current project, and
the boundaries within which the
project may be accomplished.

Brochures, books, and briefings
may be used in the training
session. If an active bat roost is
identified and would be impacted
by the project, CDFW shall be
contacted to determine the best
methodology for removing the
roost and to determine appropriate
mitigation (if needed), which may
include the construction of a new
bat roost within the project area.

BIO-2.
374

EXHIBIT C
388 VINTAGE PARK DRIVE

7 Secure Bicycle Storage The project will provide enough bicycle parking spaces to meet the minimum
CalGreen requirements.
8 Showers, Lockers, and Changing
Rooms for Cyclists
Provide showers and changing rooms
for those walking/bicycling to work. The
project is expected to provide 4
showers, lockers, and changing rooms.
9 Design Streets to Encourage
Bike/Ped Access
Provide bicycle and pedestrian access
on-site.
10 Reduced Parking Project proposes to provide 210
parking spaces and is more than 10%
less than the 320 required parking
spaces based on the City's Municipal
Code.
376
PH 650 .235 .2555 | WEB SteelWaveLLC.com
VIA EMAIL:
[email protected]
August 31, 2022
M
arlene Subhashini
Community Development Director
610 Foster City Boulevard
Foster City, CA 94404
R
E: 388 Vintage Park - Commitment to Fair Construction Practices & Community Benefit Fund Contribution To the City Council of Foster City:

SteelWave has been a contributing community member of Foster City and the greater Bay Area for over 45 years. Throughout the Company’s history, we have successfully balanced our Company’s key pillars:
• Environmental Sustainability
• Social Sustainability
• Economic Sustainability
The proposed project at 388 Vintage Park is fully aligned with our key pillars and our understanding of the goals of the City . Based on feedback from the recent City Council meeting regarding our project, SteelWave and Helios Real Estate Partners would like to propose the following additional elements for the City Council’s consideration.

Commitment to Fair Construction Practices
SteelWave and Helios Real Estate Partners is committed to 100% prevailing wage for all labor on the project with a preference towards local hiring. In addition, SteelWave and Helios Real Estate Partners will contract with union labor for all major design build trades as well as union carpentry. As requested by the City Council, SteelWave has engaged in open communication with union leadership.

We are aware that the City of Foster City allows for an applicant to seek a rebate against the Commercial Linkage Fee to help offset the additional cost of 100% prevailing wage and union labor. However, we understand the importance of affordable housing in Foster City and will commit to not seek this rebate and pay the entire $2.8 million fee. We believe that this additional cost, while not legally required, is in keeping with the pillars of our company and supporting the goals of the City.

Additional Community Benefits Contribution
In addition to the proposed labor on the project and significant impact fees, SteelWave and Helios Real Estate Partners is willing to provide an additional $300,000 to the Foster City Community Benefit Fund. We believe that the City can use this contribution to replenish funds spent during COVID and support important City Attachment 4
377

PH 650. 235 .2555 | WEB SteelWaveLLC.com

needs including schools, parks, public health, and public safety. As long-standing members of the Foster City community, we share these same goals, and they align with the pillars of our Company.

We are excited to provide these additional benefits and look forward to continuing the long-standing partnership we have with Foster City.

Sincerely,

Benjamin Yu
SteelWave - Managing Director

Peter Banzhaf
Helios Real Estate - Principal

378
DATE: August 15, 2022
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
FROM: Marlene Subhashini, Community Development Director SUBJECT: CONSIDERATION OF APPEAL OF PLANNING COMMISSION’S

DENIAL OF RECOMMENDATION TO CITY COUNCIL TO

AMEND THE FOSTER CITY ZONING MAP TO MODIFY THE

PREVIOUSLY APPROVED GENERAL DEVELOPMENT PLAN
(GDP) AND DENIAL OF SPECIFIC DEVELOPMENT PLAN/USE
PERMIT; AND CONSIDERATION OF PLANNING COMMISSION

RECOMMENDATION TO CITY COUNCIL TO CERTIFY THE

FINAL ENVIRONMENTAL IMPACT REPORT (EIR) INCLUDING

ADOPTION OF FINDINGS UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) AND STANDARD

CONDITIONS OF APPROVAL AND MITIGATION MONITORING

AND REPORTING PROGRAM (SCAMMRP) RELATED TO THE
PROPOSED APPROXIMATELY 124,395 SQUARE-FOOT,

FOUR-STORY RESEARCH AND DEVELOPMENT LIFE
SCIENCES OFFICE USE LOCATED AT 388 VINTAGE PARK
DRIVE – APN 094-901-270 – W-SW 388 OWNER IX, L.P.

STEELWAVE CDS, LLC (OWNER AND APPELLANTS) –
EA2021-0001, RZ2021-0003 AND UP2021-0023

RECOMMENDATION
It is recommended that the City Council consider the Planning Commission’s actions on three (3) project applications and a request for appeal of Planning Attachment 5
379
Commission denial related to the proposed approximately 124,395 square- foot, four-story 81-foot tall Research and Development (R&D) Life Sciences Office use located at 388 Vintage Park, hold a public hearing and take testimony on the project applications and the appeal in accordance with the City’s adopted procedures, close the public hearing, deliberate, and provide direction to staff on one of the following options:

Option #1 – Consider approval of the proposed project and take the following actions:

1. Accept a recommendation of the Planning Commission to the City Council to certify the Final Environmental Impact Report (EIR) including adoption of findings under the California Environmental Quality Act (CEQA) and Standard Conditions of Approval and Mitigation Monitoring and Reporting Program (SCAMMRP) and direct staff to return with an appropriate Resolution with findings for consideration for adoption at the next meeting – EA2021-0001

2. Grant the Appeal and overturn/disapprove or modify a recommendation of the Planning Commission to the City Council to deny approval of an amendment to the Foster City Zoning Map to modify the previously approved General Development Plan (GDP) for the + 132-acre lands known as Vintage Park to allow the proposed development of 388 Vintage Park Drive and direct staff to return with an appropriate Resolution with findings for consideration for adoption at the next meeting – RZ2021-0003

3. Grant the Appeal and overturn/disapprove a decision of the Planning Commission to deny the Specific Development Plan/Use Permit for the 124,395 square-foot R&D Life Science Office use at 388 Vintage Park Drive filed by SteelWave and Helios and direct staff to return with an appropriate Resolution with findings for consideration for adoption at the next meeting – UP2021-0023

Option #2 – Consider denial of the proposed project and take the following actions:

1. Take no action to certify the Final Environmental Impact Report (EIR) including adoption of findings under the California Environmental Quality Act (CEQA) and Standard Conditions of Approval and Mitigation Monitoring and Reporting Program (SCAMMRP) and direct staff to 380
return with an appropriate Resolution with findings for consideration for adoption at the next meeting – EA2021-0001

2. Deny the Appeal and uphold/approve or modify the recommendation of the Planning Commission to the City Council to deny approval of an amendment to the Foster City Zoning Map to modify the previously approved General Development Plan (GDP) for the + 132-acre lands known as Vintage Park to allow the proposed development of 388 Vintage Park Drive and direct staff to return with an appropriate Resolution with findings for consideration of adoption at the next meeting – RZ2021-0003

3. Deny the Appeal and uphold/approve the decision of the Planning Commission to deny the Specific Development Plan/Use Permit for the 124,395 square-foot research and development office use at 388 Vintage Park Drive and deny the appeal filed by SteelWave and Helios and direct staff to return with an appropriate Resolution with findings for consideration of adoption at the next meeting – UP2021-0023

Option #3 – Consider remanding the proposed project

1. The City Council may remand the item back to the Planning Commission with specific direction regarding any aspect of the project needing further review, study, and deliberation.

EXECUTIVE SUMMARY

The 388 Vintage Park project is proposed on a 2.2-acre parcel located at 388 Vintage Park Drive (on the former El Torito Restaurant site), at the intersection of Vintage Park Drive and Chess Drive (“project”). The subject site is located in the Vintage Park GDP area. Planning applications associated with the project include a Rezoning/GDP amendment to the Vintage Park GDP to allow an R&D Life Sciences Office use to replace the previously approved restaurant use (filed as RZ2021-0003), an Environmental Assessment (filed as EA2021-0001) including preparation of an EIR that analyzes the environmental impacts associated with the project and a Specific Development Plan/Use Permit (filed as UP2021-0023) to construct an approximately 124,395 square-foot, four-story 81-foot tall R&D Life Sciences Office building with associated parking, circulation, loading 381
zones, and site improvements at the previously developed vacant restaurant site.

Project applications were reviewed at seven (7) public meetings following the first City Council Development Project Preliminary Review meeting on January 19, 2021 and leading up to final Planning Commission Public Hearing on July 7, 2022. At the July 7, 2022 Public Hearing, the Planning Commission deliberated on the three (3) project applications and took the following actions:

1. Adopted a Resolution to recommend to the City Council an approval of the final EIR and associated SCAMMRP – passed 4-0-1 (Yes:

Bronitsky, Adams, Jagtiani, and Haddad, Absent: Venkat);

2. Denied a Resolution to the City Council recommending approval of an amendment to the Vintage Park GDP to allow the proposed project – passed 3-1-1 (Yes: Bronitsky, Adams, and Jagtiani, No: Haddad,

Absent: Venkat); and

3. Denied the approval of the Specific Development/Use Permit – passed 3-1-1 (Yes: Bronitsky, Adams and Jagtiani, No: Haddad, Absent:

Venkat).

Key comments and concerns expressed by the three (3) Commissioners who were not supportive of the project as proposed are summarized below:
 supportive of a multi-use or mixed-use building such as a life sciences office use along with a restaurant or another use instead of the proposed single use of the building as a life sciences office use only;
 explore feasibility of a restaurant along with the proposed life sciences use;
 taking away a community benefit due to the loss of a restaurant amenity;
 prevailing wages and local hiring preference should be imposed;  the proposed project is likely to exacerbate traffic by bringing in more employees and specifically, biotech workers not having the flexibility to work from home in addition to traffic improvements such as second lane onto 92 not materializing in the past;
 the lack of a housing component to support the addition of new jobs; and
382
 questioned the validity of certain assumptions and analysis in the technical reports/studies and the effectiveness of the TDM program.

The Commissioner who voted in favor of the project supported a greater parking reduction in order to accommodate larger parking stall sizes in the garage.

Following the Planning Commission’s action on July 7, 2022, the City received an appeal from W-SW 388 Owner IX, L.P. c/o SteelWave CDS, LLC (Owner, Applicant and Appellant) on July 18, 2022 for reversal of the Planning Commission’s recommendation to the City Council to deny the GDP amendment and the Planning Commission’s decision to deny the Use Permit (“Appeal”). In a memo dated July 18, 2022, the Appellant provided justifications and findings in support of the project. To summarize, the Appellant reiterated the findings in the technical studies prepared by BAE Urban Economics (‘BAE’) and peer reviewed by an independent consultant Harris and Associates that the site cannot support a standalone or mixed-use restaurant due to the lack of visibility, proper circulation, and other site constraints. Additionally, a mixed-use (life sciences and restaurant building) and residential development were determined to not be financially viable. The Appellant noted the challenges with the size of the site and soil conditions to accommodate additional parking generated from a multi-use building. The memo included a list of project benefits such as: removal of blight, a mix of new jobs to support existing businesses while marginally increasing the demand of housing by up to 17 units, payment of the Affordable Housing Commercial Linkage Fee, new general fund revenues in the form of annual tax revenue, reduced trips due to the less intense R&D/life science and office use when compared to a restaurant use that generates more peak time traffic, reduced trip counts from a single R&D/life science facility when compared to a mixed-use such as R&D/life science and restaurant use; reduce water usage compared to the previous restaurant use, and voluntary compliance of prevailing wages including a preference towards local hire if desired by the City Council.

BACKGROUND

The subject 2.2-acre site is located at the intersection of Vintage Park Drive and Chess Drive at the municipal boundary between Foster City and San Mateo, which runs along the western edge of the subject site. The site was previously occupied by a standalone El Torito restaurant building. The subject 383
site also lies within the Vintage Park Community Association (VPCA). A small park owned by VPCA lies adjacent to the subject site to the South.

The proposed project includes:

1. Demolition of an approximately 10,120-square-foot vacant commercial building, most recently occupied by El Torito restaurant.

2. 95,931 gross sq. ft. of a new R&D life sciences office use (FAR 1.0), approximately 50 percent of which would be laboratory space and 50 percent would be office space

3. 4-story building with three (3) stories of R&D life sciences office use over one (1) level of parking.

4. Construction of ground-level parking podium and surface parking totaling 210 vehicle parking spaces, as well as 16 motorcycle and 20 bicycle parking spaces.

5. An outdoor roof terrace at the 4th level for employee amenity use.

6. Ingress-egress via two (2) existing curb cuts, one (1) on Vintage Park Drive and one (1) on Chess Drive.

7. Existing VPCA landscape/park to remain.

8. Spec building – no specific tenant identified at this time

9. LEED Silver equivalent

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Proposed Project Timeline

On September 28, 2020, a Preliminary Review Application was submitted by the Applicant to redevelop the vacant El Torito restaurant into a 95,931 square foot Life Sciences office building. Formal application for an Environmental Assessment (EA2021-0001) was submitted on February 12, 2021 and applications for the GDP Amendment/Rezoning (RZ2021-0002) and Specific Development Plan/Use Permit (UP2021-0023) were submitted on April 21, 2021. There was a total of seven (7) public meetings from the preliminary proposal stage to the formal public hearing and recommendations on the final application stage. Below is a summary of those meetings, its outcomes, and a link to associated meeting materials. Meeting materials and other supplemental information can also be accessed online by clicking on the project webpage: link.

 January 19, 2021 City Council Development Project Preliminary Review Meeting: The purpose of this meeting was to introduce the proposed project and the request for rezoning from restaurant to R&D life sciences office use to the City Council and the public and receive feedback prior to initiating the entitlement process. At the meeting, staff presented/discussed key issues for consideration for the review of the proposed project including, maintaining a variety of land uses, loss of a restaurant site, jobs/housing imbalance, traffic and circulation, parking ratio, and provision of city services to support the proposed project. o Outcome: The City Council acknowledged that the subject site has been vacant for over two (2) years, which is a testament that a restaurant use may not be a viable use. The City Council expressed concerns regarding the jobs housing imbalance and how the increase in jobs might affect the Regional Housing Needs Allocation (RHNA) Cycle 6 numbers for Foster City.

Overall, the Council was supportive of the proposed use at the subject site and requested staff to further evaluate the impacts/concerns outlined by staff in the staff report. No formal action was taken at this meeting.

Meeting materials can be accessed here: January 19, 2021 City Council Regular Meeting.
385
 August 12, 2021 EIR Scoping Meeting:The purpose of this was to identify topics appropriate for review under the provisions of CEQA and analysis in the EIR.
o Outcome: Pertaining to the scope of the EIR, the Planning Commission requested studies pertaining to hazardous materials storage and transportation, RHNA impacts, presence of
chemicals/oils from grease traps from previous restaurant use, potable water study, pre-pandemic traffic analysis including Vehicle Miles Travelled (VMT) study and ingress and egress.

 August 12, 2021 Planning Commission Study Session #1:The purpose of this meeting was to introduce the proposed project and provide the Planning Commission and members of the public with the opportunity to provide feedback on the proposed rezoning request and review architectural and design elements of the proposed project, including, but not limited to, site plan, building forms and height, landscaping, and parking.
o Outcome: While a majority of the Commissioners agreed that life sciences office use is an appropriate use for the site, one of the Commissioners was not convinced that a smaller restaurant may not be feasible at this location. One Commissioner suggested residential use on the site given the City Council’s concern regarding jobs-housing imbalance and that this project would exacerbate it rather than mitigate it. To address these concerns, the Applicant was directed to provide feasibility analysis of alternative land uses. Options discussed included residential, mixed-use, restaurant, etc. The Commissioners expressed general support for the architectural style and building siting. The Commissioners were not supportive of the request for a 42% reduction in parking capacity citing various reasons including questioning the assumptions in the technical studies and requested an increase in on-site parking supply and a robust Transportation Demand Management (TDM) Plan.

Detailed minutes of the meeting can be accessed here: August 12, 2021 Minutes
Meeting materials can be accessed here: August 12, 2021 Planning Commission Special Meeting/Study Session.
386
 November 18, 2021 Planning Commission Study Session #2: The purpose of this meeting was to continue review of the proposed project including reviewing the feasibility studies of alternative development scenarios, revised parking – an increase from 180 spaces to 210 spaces, and a more detailed TDM Plan. Comments and responses from the Study Session are summarized below.
o Outcome: The Planning Commission agreed that life sciences office use is financially feasible for the applicant but was generally split on the topic of what the highest and best or the most financially feasible use at the site for the community or the area. Overall, the majority of the Commission agreed that R&D life sciences office use is feasible on the site. The Planning Commission also discussed the revised increase in parking spaces and most of the Commissioners found the revisions acceptable. One Commissioner expressed concerns about traffic and the intersections in the area. The Planning Commission discussed the revised TDM plan and its implementation if changes are to be made. In response to one of the
Commissioner’s concerns regarding the use of parking stackers, the applicant shared the site constraints, including geometry and high water table, as well as the success of stackers in other projects. A majority of the Commissioners stated that the project is ready to move forward.

Detailed minutes of the meeting can be accessed here: November 18, 2021 Minutes
Meeting materials can be accessed here: November 18, 2021 Planning Commission Study Session.
 January 25, 2022 Planning Commission Adequacy Hearing of the Draft EIR:The purpose of this meeting was to solicit feedback, from both the Commission and members of the public, on the adequacy of the Draft EIR for the proposed development. A summary of the key findings of the Draft EIR was presented. The Draft EIR concluded that the project does not have significant unavoidable impacts. With the implementation of the required mitigation measures to the biological, transportation and noise resource areas, the project would result in less than significant impact under CEQA.
o Outcome: Public comments were received pertaining to labor and construction, but no questions to the adequacy of the Draft 387
EIR. Overall, the Commission felt that the EIR was adequate in addressing the potential environmental impacts associated with the proposed project.

Meeting materials can be accessed here: January 25, 2022 Planning Commission Adequacy Hearing.

 April 7, 2022 Planning Commission Public Hearing #1: The purpose of this Public Hearing was to review the three (3) planning applications for the proposed project.
o Outcome: Due to two of the Commissioners being absent, at the request of the Applicant, the item was continued to the May 5, 2022 Regular Meeting.

 May 5, 2022 Planning Commission Public Hearing #2:Continued from the April 7, 2022 meeting, the purpose of this Public Hearing was to review and take action on the three (3) planning applications for the proposed project. The Planning Commission made comments regarding potential impacts to the jobs/housing balance and RHNA numbers, transit changes and the effectiveness of the TDM Plan, and prevailing wage policies.
o Outcome: The Planning Commission continued the Public Hearing to a date uncertain to allow for staff to research and provide clarifications on the subjects raised such as the prevailing wages, jobs-housing imbalance, TDM effectiveness, and
transportation effects.

Meeting materials can be accessed here: May 5, 2022 Planning Commission Regular Meeting
 July 7, 2022 Planning Commission Public Hearing #3: The purpose of this Public Hearing was to take action on the three (3) planning applications for the proposed project and review the additional information that was requested at the previous meeting. In a supplemental memo to the Planning Commission dated July 7, 2022 (Attachment 1), staff responded to the comments/concerns that were raised at the May 5, 2022 Public Hearing. A majority of the Planning Commission reiterated concerns pertaining to TDM effectiveness, traffic, prevailing wage requirements and local hiring preferences, assumptions in the technical reports/studies, lack of alternative 388
explorations for mixed-use, and inconsistency with the General Plan goals and policies.
o Outcome: The Planning Commission found that the EIR is adequate and approved the Resolution to recommend to City Council an approval of the EIR and the SCAMMRP (EA2021- 0001). The Majority of the Planning Commission found that the project takes away a community amenity without providing an alternate community benefit, does not meet General Plan goals and policies, would exacerbate traffic and congestion by adding more jobs, and that the site has potential for mixed-use and should not be a single-use building. For those reasons, the Planning Commission did not recommend approval of the GDP amendment to the City Council (RZ2021-0003) and further denied the Resolution to approve the Specific Development Plan/Use Permit for the 124,395 square-foot research and development office use (UP2021-0023). Detailed minutes
summarizing the deliberations and actions of the Planning Commission at the July 7, 2022 meeting is attached to the report (Attachment 2).

Meeting materials can be accessed here: July 7, 2022 Planning Commission Regular Meeting

In addition to the above noticed public meetings, there were several meetings between the project applicant, the consultant team and planning staff including Interdepartmental Evaluation Committee (IDEC) Meetings where the project was reviewed by staff from other City Departments.

ANALYSIS

In order for the City Council to deliberate and consider the three (3) applications related to the proposed project, staff has provided the following information.

Final Environmental Impact Report (EIR) – EA2021-0001

As noted above, the Planning Commission found that the EIR is adequate and approved the Resolution No. P-11-22 to recommend to City Council an approval of the EIR and the SCAMMRP (Attachment 3). The basic purpose of CEQA is to inform decision makers and the public about potential 389
environmental effects of a project, identify ways environmental damage could be avoided or reduced, prevent damage by requiring changes or mitigation measures, and to disclose why a governmental agency approved a project in the manner it did if significant environmental effects are involved. The purpose of CEQA is not to dictate the outcome of the proposed project. The purpose of an EIR is to “identify the significant effects on the environment of a project, to identify alternatives to the project, and to indicate the manner in which those significant effects can be mitigated or avoided” (CEQA, Section 21002.1).

A full draft EIR analysis pursuant to CEQA was completed for the project. On July 21, 2021, the City circulated a Notice of Preparation (NOP) to help identify the types of potential impacts that could result from the proposed project. A Planning Commission Scoping Meeting was held on August 12, 2021 to identify topics appropriate for review under the provisions of CEQA and analysis in the EIR. The Draft EIR for the proposed project was published on December 17, 2021 with the public review period ending January 31, 2022, a period in excess of the required 45 days. All comments received were responded to and posted as part of the April 7, 2022, May 5, 2022, and July 7, 2022 Planning Commission packages. The Responses to Comments (RTC) to the Draft EIR and the Draft EIR constitutes the Final EIR for the proposed project. Both documents are available on the City’s project webpage.

During the July 7, 2022 Public Hearing, Chair Adams asked staff to update the transportation and transit facility map in the EIR to be more accurate.

Specifically, a comment was made regarding Leo Ryan Park being shown as a Class I bike path as well as the transit map showing the M-Line. Staff and the consultant indicated that this would be noted in the staff report to the City Council. Chair Adams asked the traffic consultant, Matt Goyne from Fehr & Peers about the 1297 Chess Drive project traffic analysis which they had worked on in 2015. That analysis included a recommendation that if 388 390
Vintage Park be redeveloped, a U-turn should be considered at that intersection. Chair Adams questioned as to why there was no analysis at this intersection for this project to match direction in 2015. Mr. Goyne responded and stated that that recommendation was made in coordination with the City’s Public Works Department at that time and what was required correlated with the effects and conditions of that time, including the forecasting of potential travel patterns. This area was evaluated again in 2020/2021 under the current condition for this project in conjunction with the Public Works Department and determined that the consequences of adding a U-turn at this location would result in a longer pedestrian crossing and widening the road with more infrastructure. Ultimately, the reanalysis and discussion concluded that this U- turn is not needed at this time with the understanding of the current operation of the site and area. Public Works Department staff Justin Lai reiterated and confirmed Mr. Goyne’s response. Chair Adams asked what has changed in the conditions from 2015 until now. Mr. Lai stated that this U-turn was considered, but after reassessment of the proposed use and current conditions, it was determined to not warrant a need for the U-turn. Mr. Goyne added that the recommendation for the U-Turn in 2015 was also a cautious recommendation to ensure that it remained on staff’s radar and those traffic conditions observed. In response to a separate question raised previously pertaining to the inconsistency of the ingress/egress paths shown on the plans versus in the reports, staff confirmed that the EIR has a mitigation measure to address this prior to issuance of a building permit.

With respect to the action to recommend to the City Council an approval of the Final EIR, the Planning Commission found that the EIR adequately analyzed the environmental impacts of the project and voted to recommend to the City Council certification of the EIR and adoption of findings and the SCAMMRP.

Rezoning/General Development Plan Amendment – RZ2021-0002 and Specific General Development Plan/Use Permit – UP2021-0023 The General Plan land use designation for the subject site is Research/Office Park, and the Zoning is C-M/PD (Commercial Mix District/Planned Development Combining District). The subject site is part of the 57-acre portion of the overall 132-acre Vintage Park GDP. The Vintage Park GDP, which is part of the City’s zoning map, designates the subject site for restaurant use. The proposed change of use from restaurant to life sciences office use would require an amendment to the Vintage Park GDP. As stated in the Planning Commission Staff Reports, the request to rezone and amend the Vintage Park GDP to allow a life sciences office use was found by staff to 391
be consistent with the “Research/Office Park” land use designation for the subject site within the adopted General Plan and the Floor Area Ratio of 1.0.

In considering whether to grant or deny a Use Permit, FCMC Section

17.06.070 states that, “upon receipt of the application for a use permit, the planning commission shall determine whether or not the establishment, maintenance or cooperation of the use applied for will, under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use, or whether it will be injurious or detrimental to property and improvements in the neighborhood or the general welfare of the city…”

Table 1. General Plan Land Use Goals and Policies
392

393
Bases for Appeal

The Appeal (Attachment 4), provides background information as it relates to the site history and provides various arguments in support of the project and objects to the decision of the Planning Commission for a number of reasons. Staff provides a summary of the arguments raised by the Appeal below followed by staff comments.

1. Conclusion of Studies Supports Project. The Appeal notes that “BAE Urban Economics (“BAE”) found that the Property, because of a lack of visibility, proper circulation, and other site constraints, would not support either a standalone or mixed-use restaurant. BAE also performed a financial feasibility study that analyzed the viability of a mixed used life science and restaurant building, and a residential development. BAE concluded that neither alternative would be viable.

These findings were peer reviewed and confirmed by Harris and Associates, an independently hired City consultant. Site characteristics for this particular location cause the Property to be at a significant disadvantage relative to other nearby restaurants and retail sites such as Bridgepointe Shopping Center that have direct visibility and access from the public realm. As a mixed-use site, the Project would not be able to accommodate the parking needs of a restaurant and life science facility at the 1.0 FAR allowed by the General Plan. The site is not large enough for a standalone parking facility and has poor soils which, in addition to the challenges presented by the small site, make below- grade parking infeasible. Further, the additional trip counts generated by two uses onsite would likely create a detrimental impact on nearby traffic patterns.

Staff Comments: BAE is a reputed firm that specializes in market and financial feasibility studies. The BAE Market Demand Analysis dated December 21, 2020 (link) indicated that the subject site does not meet the key retail site location criteria citing inconvenient access and inadequate visibility. The report indicates that the property lies outside what is considered the ‘gravity side’ of Foster City, i.e., the heavily trafficked area bounded by State Route 92 to the north and Hillsdale Boulevard to the south and the portions of Foster City, Shell, and Edgewater Boulevards that run between them. The property’s location on the north side of State Route 92 and its stand-alone character means it is not positioned to serve as a community retail site. The 394
report concluded that the property is not competitive as a restaurant location, and industry trends suggest that it will continue to struggle to secure a restaurant tenant. The report stated that the real estate indicators indicate a strong market demand for office/life sciences use, and there are approximately 3.0 million square feet of tenant requirements in the market and that the subject site is well positioned to capture a share of life sciences space demand. The letter from BAE dated December 21, 2020 that summarizes the key findings of the Fiscal Impact Analysis and Market Study for both Retail and Life Science use is linked here.

While the Commission did not necessarily disagree with the findings of the studies or the feasibility of life sciences office use at this location, they requested that alternate land use scenarios be evaluated including a restaurant as part of a mixed-use building. In response to this request, the applicant engaged with BAE and evaluated two (2) alternate development scenarios. BAE conducted financial feasibility analysis (link) of two (2) alternate scenarios at the subject site, including a mixed-use research and development building with 90,431 gross square feet of office and laboratory space over 5,500 gross square feet of ground floor restaurant space and ground floor podium parking and a 93-unit residential project without amenity space comprised of 95,931 gross square feet with three levels of housing over two (2) levels of podium parking. The report concluded that the two (2) alternative scenarios are not feasible based on Pro Forma analysis.

The financial feasibility analysis submitted by the applicant team was peer reviewed by Harris & Associates (link) on behalf of the City. Harris validated the methodology and assumptions used in the analysis and confirmed the findings of the financial feasibility analysis completed by BAE.

2. Project Benefits. The Appellant noted that the project would remove blight and provide a new Class A facility of high architectural quality, will bring a mix of new jobs that would support existing businesses, while marginally increasing the demand of housing by up to 17 units, is expected to pay approximately $2.4 million in Affordable Housing Commercial Linkage Fee, would generate approximately $286,000 per year in annual tax revenue, reduce peak hour trip when compared to a restaurant or a multi-use, would have lower water use than a restaurant and would not have any significant impacts on the environment as found in the EIR.
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Staff Comments: The project would redevelop an existing restaurant site that has been vacant since 2019 into a Class A life sciences office building that would achieve a LEED silver or equivalent standard and strengthen the City’s identity as a life sciences biotech hub along with Gilead Sciences, Illumina and other R&D uses in Vintage Park. As noted in the BAE Fiscal Impact Analysis (FIA) dated December 21, 2020 (link) and outlined in the Fiscal Impact section of the staff report, the proposed project will result in a positive net fiscal impact for the City when compared to current conditions or if the property were to be re- tenanted as a restaurant. The project is anticipated to add 213 jobs/employees when compared to 45 workers from a restaurant use.

Based on recent data showing the percentage of employed people that also live within the City (7.9%), the project would result in approximately 17 employees based on a total of 213 employees (an overestimate per the EIR) living in Foster City.

According to the EIR findings, the project would result in a lower employee density than a typical office due to the lab space allocated for life science uses compared to traditional office buildings. However, as the project is going from vacant site to a new use, there will be added trips. The proposed project would generate 78 new trips in the AM peak hour and 85 new trips in the PM peak hour when compared to a 10,120 square foot sit-down restaurant which would generate 100 AM peak hour trips and 100 PM peak hour trips. Although the number of daily trips from a restaurant would be substantially greater than the proposed project, there would be more variation throughout the day, resulting in only a slightly greater AM and PM peak hour trip generation as compared to the proposed project (approximately 20 more AM and 10 more PM peak hour trips). As a conservative approach, the EIR also analyzed the water supply and demand analysis without accounting for the deduction of historic water uses from the restaurant on this site.

Without the deduction, the project site would result in a 1.8 million gallon per year (mgy) of additional water demand per year. With the deduction, the project would result in a net decrease of approximately

2.1 mgy compared to the previous restaurant use. The EIR notes that proposed project would represent an increase in potable water demand within the anticipated supply range for the City. However, this increase would be incremental and would not lead to insufficient water supplies in existing entitlements and resources. The EIR concludes that the operation of the new project would result in less than significant impact 396
with mitigation measures.

3. Union Support/Voluntary Prevailing Wages. The Appellant noted that over ten union representatives attended and/or spoke in favor of the project at the May 5th Planning Commission Hearing. And because the Planning Commission focused on the importance of prevailing wages and local hiring preference, the project applicant would volunteer and be willing to build the entire project with prevailing wage and include a preference towards local hire labor, even though it is not legally required, if desired by City Council.

Staff Comments: At the July 7, 2022 Planning Commission meeting, staff reiterated that there is no formally adopted Council policy that requires private developers to pay prevailing wages or hire locally with the exception when a developer voluntarily agrees to pay area standard wages in order to receive a rebate from the Commercial Linkage Fee and and/or when such requirements are imposed on projects that have Development Agreements. Given that there is no Council established policy regarding prevailing wage requirements and/or local hiring preferences, the City cannot impose such a requirement as a project condition of approval. However, because the applicant has stated in their appeal that they are willing to voluntarily commit to providing prevailing wages and including a preference towards local hire, it is up to the Council to provide direction on this matter.

4. Extensive Community Outreach. The Appellant noted that in addition to the due diligence they did prior to purchasing the property, they did community outreach to solicit feedback and ensure that the business community felt that the project would be a benefit to the Foster City Community. In addition, they noted that project has undergone numerous studies and public meetings to ensure City Council, Planning Commission, and the public were informed of project proposal and details, outcome of analysis, and efforts made to improve the projects.

Staff Comments: As stated above, the project has gone through several public meetings which were noticed in the local newspaper, mailed to interested parties, posted on city website, and advertised through other sources. Given the positive feedback that the Applicant received at the City Council Gatekeeper meeting and taking into account all the concerns that were raised at that meeting and subsequent Planning Commission meetings, the Applicant provided 397
technical reports and studies requested by staff and the City including a full EIR analyzing traffic, water demand, infrastructure demand etc., market demand and fiscal impact studies, alternative land use scenarios study, parking analysis and a robust TDM plan to justify the requested parking reduction. In addition, they reached out to the Vintage Park Community Association (VPCA) and received preliminary approval of their project.

5. Lack of denial of justification. There was a lack of legal findings provided for the denial except for several verbal statements made on the July 7, 2022 meeting. The Appellant agrees with staff’s initial findings that the EIR, GDP, and Use Permit are in conformance with the General Plan’s goals and policies and that the project meets the intent of the General Plan and that the Planning Commission erred when it denied the Use Permit with no legal findings to deny the Project.

Staff Comments: The Planning Commission made verbal comments during their deliberation prior to recommendation of denial of the Use Permit and the Rezoning/GDP amendment. The Planning Commission found that the project did not thoroughly consider other uses that the site could accommodate, would remove a community benefit due to the loss of a restaurant space, will exacerbate traffic, does not provide prevailing wages and local hiring preference and was not consistent with General Plan’s goals and policies.

Pursuant to Foster City Municipal Code section 17.06.070, the Planning Commission may deny a use permit if the “…establishment, maintenance or cooperation of the use applied for will, under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use, or whether it will be injurious or detrimental to property and improvements in the neighborhood or the general welfare of the city.” In this case, while the Planning Commission did not make formal written findings relating to the denial of the use permit, the majority of Planning Commissioners who voted to deny the Use Permit did verbally express their objections to the project and commented on why the use applied for would, in their opinion, be detrimental to the health, safety and general welfare of persons in the City. Those verbal statements were recorded in the form of minutes (Attachment 2) which may serve as the report of their actions pursuant to Foster City Municipal Code section 17.06.150 for the recommendation denying rezoning and as the evidence for the 398
basis of denial of the use permit.

While written findings of denial are not specifically required by the Municipal Code, staff would recommend that any determination by the Council – either in support of the project or denying the project be in the form of written findings supported by substantial evidence in the record before the Council. In this way, the Council’s decision can be in accordance with California Code of Civil Procedure section 1094.5, which would allow a reviewing court to determine both whether substantial evidence supports the administrative agency's findings and whether the findings support the agency's decision.

NOTICING/PUBLIC OUTREACH
The public was advised of this Public Hearing in the following ways:
 Electronic mailing to the interested parties who expressed interest in receiving project updates – August 3, 2022
 Published 1/4-page ad in the Foster City Islander – August 3, 2022  Foster City website: www.fostercity.org – August 3, 2022  Public Posting Places – August 3, 2022

PUBLIC COMMENT
To date, staff has received one public comment dated August 1, 2022 from Sierra Club Loma Prieta Chapter (Attachment 5). The letter recommends that the City Council rule against the land use approval for a life sciences building due to concerns of jobs-housing imbalance, traffic and TDM findings and loss of community amenities such as a restaurant, etc. The letter also recommends established bio-safety levels for labs that may be housed in spec building if it should proceed.

On August 5, 2022, the Appellant provided a response to the Sierra Club Letter (Attachment 7). Staff generally agrees with the response prepared by the Appellant. In addition, the issues raised in the Sierra Club letter have been sufficiently addressed in the technical studies/reports, the EIR and in the Planning Commission Staff Reports that are referenced and linked throughout this report.

CONCLUSION

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The Vintage Park area has been established as a business and working community tightly integrating the various land uses within and surrounding the site. While there are many factors that need to be taken into consideration when evaluating requests for change in uses including but not limited to consistency with the General Plan and Zoning Code, providing community amenities, maintaining diversity of land uses, market conditions, community needs, environmental impacts, economic development, etc., this part of Vintage Park has experienced a transition over the years resulting in amendments to the Vintage Park GDP. Restaurant uses in this part of the Vintage Park neighborhood were originally established on three (3) parcels – Harry’s Hofbrau at 1297 Chess Drive, Black Angus at 1299 Chess Drive and El Torito at 388 Vintage Park Drive. With the redevelopment of 1297 and 1299 Chess Drive sites, the City lost two stand-alone sit-down restaurant sites. However, the City gained an additional hotel (TownePlace Suites) and although the overall restaurant square footage decreased, the overall number of restaurants increased from two (2) sit down restaurants to three (3) fast casual dining spaces with additional retail/restaurant square footage. While these changes were driven by market conditions and failing sit down restaurants, the City was still able to maintain diversity in land uses within the research office park setting by adding new and/or different uses. The proposed use will not only replace an existing non-viable restaurant use with life sciences office use but will also support the hotels and fast casual dining and retail in the project vicinity.

With an allowable FAR of 1.0, site constraints, easements on the site that reduce the developable land area, life science campuses like Gilead and Lincoln Center that provide on-site cafeteria and other amenities for their employees and as supported by the findings in the financial feasibility studies, developing the site as a mixed-use especially with a restaurant presents certain challenges. Adding another use is also likely to exacerbate traffic and other impacts. Although the proposed project adds new jobs and concerns related to jobs-housing balance were raised, the City will receive affordable housing commercial linkage fee that will help fund affordable housing projects and/or programs. In addition, this project would be the first project to pay the recently adopted development impact fees to offset some costs associated with impacts from new development. Finally, it is important to note that there are millions of square feet of office and R&D space (entitled, planned or under construction) adding thousands of jobs in neighboring cities within San Mateo County and the region. At the same time, cities have committed to build additional housing as part of the next Housing Element cycle to maintain a healthy jobs-housing balance. Whether or not a city decides to approve or 400
deny a project that adds more jobs, there will be impacts (both positive and negative) from the overall job growth in the region that will affect all cities.

Staff recommends that the City Council consider the Planning Commission’s actions on three (3) project applications and the Appeal relating to the project, hold a public hearing and take testimony on the project applications and the Appeal and provide direction to staff on one of the options identified above.

FISCAL IMPACT

Should the Council consider approval of the proposed project, the project will generate both one-time revenues as well as ongoing annual revenues. The approximate estimate is listed below:

One-Time Affordable Housing Impact Fee/Commercial Linkage Fee – $2.8 million
One-Time Development Impact Fees (based on 50% lab and 50% office) – $770k
Ongoing Tax revenues for the City – $286k annually
One-Time Property Transfer Tax - $7,200
One-Time Permit Fees – $1.1 million
One-Time School Fees – $82k
Potential Additional Revenues from Business License Tax – Up to $27k per business license plus CPI annually
Potential Business-to-Business Sales Tax – $24k to $48k annually (could be higher depending on future tenant)
Potential Transit Occupancy Tax revenue – $12k annually

Denial of the proposed project would result in a negative fiscal impact with no revenue generation until such time the site becomes occupied.

CITY COUNCIL 2022 STRATEGIC PRIORITIES

This action is in alignment with the City Council’s 2022 Strategic Priorities, which is to create a City Council that “operates at the highest level of civil discourse, encouraging resident engagement and full transparency.”

ATTACHMENTS

Attachment 1 – July 7, 2022 Planning Commission Memo
Attachment 2 – July 7, 2022 Planning Commission Meeting Minutes Attachment 3 – Resolution P-11-22
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Attachment 4 – Appeal
Attachment 5 – Letter from Sierra Club Loma Prieta Chapter Attachment 6 – Appellant’s Response to Sierra Club Letter 402
RESOLUTION NO. P- 11 -22

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF FOSTER CITY

RECOMMENDING TO THE CITY COUNCIL CERTIFICATION OF THE FINAL

ENVIRONMENTAL IMPACT REPORT (EIR) AND ADOPTION OF THE FINDINGS AND

STANDARD CONDITIONS OF APPROVAL AND MITIGATION MONITORING AND

REPORTING PROGRAM (SCAMMRP) UNDER THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT (CEQA) FOR CONSTRUCTION OF A FOUR-STORY, APPROXIMATELY 124,395 SQUARE-FOOT RESEARCH AND DEVELOPMENT (R&D) OFFICE BUILDING LOCATED AT 388 VINTAGE PARK DRIVE – NEIGHBORHOOD VP – W-SW 388 OWNER IX L.P. C/O STEELWAVE CDS, LLC – APN 094-901-270 – EA2021-0001

CITY OF FOSTER CITY PLANNING COMMISSION
WHEREAS, DES Architects + Engineers, as project applicant, on behalf of the property owner, Steelwave CDS, LLC., seeks to develop a new approximately 124,395-square-foot, four- story Research and Development (R&D) office building including 210 parking spaces located at 388 Vintage Park Drive at the northwest corner of Vintage Park Drive and Chess Drive (APN 094- 901-270) in the Vintage Park neighborhood; and
WHEREAS, the project will require the following entitlements: a General Development Plan/Rezoning (filed as RZ2021-0003) amending the Vintage Park General Development Plan listing the development parameters for the site, including allowable land use, approximate building height and square footage, and number of parking spaces, among other standards; and a Use Permit/Specific Development Plan (filed as UP2021-0023); and WHEREAS, on January 19, 2021, a City Council Development Project Preliminary Review meeting was held to introduce the proposed project to the City Council and public and to receive feedback prior to initiating the entitlement process; and WHEREAS, the City of Foster City, in accordance with the requirements of the California Environmental Quality Act (“CEQA”), the State CEQA Guidelines adopted by the Secretary of Resources, and the City of Foster City Environmental Review Guidelines, has prepared an Environmental Impact Report (“EIR”) (SCH #2021070398) Standards Conditions of Approval and Mitigation Monitoring and Reporting Program (SCAMMRP), and CEQA Findings, which, combined, adequately analyze the environmental impacts of the proposed Project and mitigate the potential environmental impacts such that they are reduced to levels below established thresholds of significance (EA2021-0001); and
WHEREAS, a Notice of Preparation (NOP) of an EIR for the project was prepared and circulated for the required 30-day public review period commencing on July 21, 2021 and ending on August 19, 2021; and
WHEREAS, proposed plans for the Project were presented to the Planning Commission at two (2) public study sessions (August 12, 2021 and November 18, WHEREAS, on August 12, 2021, a Public Scoping Session to solicit feedback on the scope and content of the environmental topics to be included in the EIR was held in conjunction with the Planning Commission meeting; and
WHEREAS, a Draft EIR (December 2021) was prepared by LSA Associates, Inc. and circulated by the City for the required 45-day public review period commencing on December 17, Attachment 6
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Resolution No. P- 11 -22 EA2021-0001 2021 and ending on January 31, 2022. Comments were received by one property owner during the 45-day public review period; and WHEREAS, on December 17, 2021, the City transmitted for filing a Notice of Completion (NOC) of the Draft EIR and, in accordance with the requirements of CEQA and provisions of the State CEQA Guidelines, forwarded the Draft EIR to the State Clearinghouse for distribution to those State agencies having discretionary approval of, or jurisdiction by law over, natural resources affected by the Project; and WHEREAS, the City provided notice to all interested persons and agencies inviting comments on the Draft EIR in accordance with the provisions of CEQA, the State CEQA Guidelines and the City of Foster City Environmental Review Guidelines; and WHEREAS, on January 25, 2022, a noticed Public Hearing was held to receive comments on the adequacy of the Draft EIR. Comments were received by one property owner prior to the Public Hearing; and WHEREAS, a Final Response to Comments Memorandum was prepared by LSA WHEREAS, a Notice of Public Hearing was duly posted for consideration of the Final EIR (consisting of the Draft EIR and Response to Comments document) dated March 1, 2022 including consideration of the Standard Conditions of Approval and Mitigation and Monitoring Program (SCAMMRP) dated February 2022 and Statement of Findings under the California Environmental Quality Act (CEQA Findings) at the Planning Commission meeting on April 7, 2022. On April 7, 2022, the Planning Commission continued the item to May 5, 2022. On May 5, 2022, the Planning Commission continued the item for staff to research and provide clarifications on prevailing wages efforts, Transportation Demand Management (TDM) effectiveness, and transportation effects. On July 7, 2022, the Public Hearing was opened, held and closed; and WHEREAS, the City of Foster City Planning Commission has reviewed and considered the proposed project, all written correspondence, verbal testimony, staff reports, and supporting documents and reports prepared, and the information contained in the Final EIR; and WHEREAS, copies of the Final EIR and other documents and materials which constitute the records of the proceedings upon which this decision is based are available for public review on the City of Foster City website and from the custodian of these records, namely, the Community Development Department, located at City Hall, 610 Foster City Boulevard, Foster City; and WHEREAS, a lead agency must adopt a Standard Conditions of Approval and Mitigation Monitoring and Reporting Program (SCAMMRP) for changes to a project that it adopts or makes a condition of project approval in order to ensure compliance with the measures during project implementation; and WHEREAS, the SCAMMRP set for in the attached Exhibit A, which is incorporated herein by reference, accurately reflects the mitigation measures contained in the Final EIR. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission, based on the facts and analysis in the Final EIR, all written and oral testimony, and evidence submitted in connection with the Final EIR and exhibits, finds and recommends that the City Council find that:
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Resolution No. P- 11 -22 EA2021-0001 1. The Final EIR, including documents incorporated by reference, including the information contained therein prior to adoption of this Resolution, has been reviewed and considered by the Planning Commission; and 2. The Final EIR has been completed in accordance with CEQA, the State CEQA Guidelines, and the City of Foster City Environmental Review Guidelines; and3. The Final EIR adequately describes the environmental impacts of the proposed project; and4.The Final EIR reflects the City’s independent judgement and analysis.NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the City of Foster City does hereby recommend that the City Council certify the Final EIR prepared by LSA Associates, Inc. as complete and adequate and approve: 1) the Statement of Findings under the CEQA Findings; and 2) the Standard Conditions and Mitigation Monitoring and Reporting Program (SCAMMRP). PASSED AND ADOPTED as a Resolution of the Planning Commission at a Regular Meeting held on July 7, 2022, by the following vote: AYES, COMMISSIONERS: Bronitsky, Haddad, Jagtiani and Chairman Adams NOES, COMMISSIONERS: ABSTAIN, COMMISSIONERS: ABSENT, COMMISSIONERS: Venkat _____________________________ EVAN A. ADAMS, CHAIRMAN ATTEST: ________________________________ MARLENE SUBHASHINI, SECRETARY 405
Resolution No. P- 11 -22 EA2021-0001 EXHIBIT A 388 VINTAGE PARK DRIVE USE PERMIT CONDITIONS OF APPROVAL Conditions attached to approval of EA2021-0001 by the Planning Commission on July 7, 2022 TABLE OF CONTENTS 1.0 GENERAL – APPLICABLE TO ALL 2.0 PRIOR TO ISSUANCE OF ANY PERMIT 3.0 PRIOR TO DEMOLITION PERMIT 4.0 PRIOR TO GRADING AND DRAINAGE 5.0 PRIOR TO UNDERGROUND UTILITIES 6.0 PRIOR TO STRUCTURAL AND ARCHITECTURAL SHELL 7.0 PRIOR TO TENANT IMPROVEMENTS 8.0 PRIOR TO LANDSCAPE AND FLATWORK 9.0 GENERAL CONSTRUCTION PRACTICES 10.0 PRIOR TO OCCUPANCY 11.0 OPERATIONAL REQUIREMENTS BOLD: INDICATES SITE SPECIFIC CONDITION 406
Resolution No. P- 11 -22 EA2021-0001 1.0 GENERAL1.1 The following conditions shall be met prior to the issuance of a building permit except as otherwise specified. Any questions pertaining to these conditions should be directed to the City department indicated. (BD = Building Inspection Division, CBO = Chief Building Official, CC = City Council, CDD = Community Development Director, CE = City Engineer, E/PW = Engineering/Public Works, FIRE = Fire, P/R = Parks and Recreation, PC = Planning Commission and POL = Police). 1.2 The project shall be built according to plans approved by the Planning Commission on July 7, 2022, labeled 388 Vintage Park, sheets A1-1through LT2, prepared by DES Architects and Engineers and dated February 10, 2022.Any modification to the project shall require Planning Commission or Community Development Director review and approval. The Community Development Director shall have the authority to approve minor changes. Once constructed or installed, all improvements shall be maintained in accordance with the approved plans. Any changes which affect the exterior character of the work, including minor changes to materials and colors, shall be resubmitted for approval. The construction or placement of unapproved features or unapproved changes to buildings or structures which were a part of approved plans can and will result in the issuance of a “Stop Work Order” by the City, the need to revise plans and obtain City approval for all changes prior to recommending work, and the possibility of penalty fees being assessed for unauthorized work. (CDD) 1.3 The project approval shall expire two years from the date of approval on July 7, 2024. No extensions of the Use Permit shall be considered or granted except that Use Permits issued in conjunction with a Tentative Subdivision Map for a planned unit development shall expire no sooner than the approved Tentative Map, or any extension thereof, whichever occurs later (Municipal Code Section 17.06.180). (CDD) 1.4 This Use Permit may be modified by the implementation of new or revised conditions when, in the judgment of the Planning Commission, imposition of such new or revised conditions is essential in order to address a violation of the Foster City Municipal Code or EMID Code to protect the public health, safety, morals, or general welfare. (PC) 1.5 Before commencing any work in the City's right-of-way (including trenching of complete streets), the applicant shall obtain an encroachment permit, posting the required bonds and insurance. The Engineering Division may require that trenchless methods be used for crossings and connections under streets. (E/PW) 1.6 Bonds: Prior to issuance of a building permit, all required bonds shall be submitted and all required fees shall be paid to the City/District as follows:
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Resolution No. P- 11 -22 EA2021-0001 1.6.1 Public Improvements (utilities & streets) that are part of the Development Applicant shall provide suitable securities acceptable to the City in the amount of 100% (performance), 100% (labor and material) and a 50% (one-year warranty) bond. The performance bond and the labor and material bonds shall be released upon satisfactory completion of improvements. The warranty bond will be released when requested by the owner after one year and upon completion of warranty inspection and necessary repairs. Applicant shall provide a document verifying the cost of the public improvements to the satisfaction of the Engineering Division. (E/PW) 1.6.2 Private Site Improvements Applicant shall provide suitable securities acceptable to the City in the amount of 100% (performance), 100% (labor and material) and 50% (one-year warranty) bond. The performance bond and the labor and material bonds shall be released upon satisfactory completion of improvements. The warranty bond will be released when requested by the owner and upon completion of warranty inspection and necessary repairs. Applicant shall provide a document verifying the cost of the private improvements to the satisfaction of the Community Development Department. (CDD) 1.6.3 Landscaping Installation and Maintenance Costs Applicant shall provide suitable securities acceptable to the City, in the amount of 100% (performance), 100% (labor and material), and a 50% (maintenance) of all landscaping installation and maintenance costs guaranteeing the installation of landscaping and related site improvements and maintenance costs for the 12-month period following installation and acceptance. The performance bond and the labor and material bonds shall be released upon satisfactory completion of improvements. The warranty bond will be released when requested by the owner and upon completion of warranty inspection and necessary repairs. Applicant shall provide a document verifying the cost of both landscape installation and landscape maintenance for 12 months (one copy to the Engineering Division and one copy to the Community Development Department). (CDD) 1.7 Fees: Prior to or at the time of submittal of design drawings for review, an itemized estimate of the cost of construction of all public and/or site improvements must be submitted for review and approval. The approved estimate will be used for determining the amount required to cover incurred costs for engineering review, plan checking, contract administration, inspection, and testing by the Public Works Department. The minimum deposit 408
Resolution No. P- 11 -22 EA2021-0001 amount required is 6percent of the estimated cost for the public and/or site improvements, or $20,000, as determined by the Engineering Division. The deposit must be renewed upon demand, to maintain a minimum balance of $4,000. All costs of plan checking, inspection, and contract administration by the Public Works Department will be charged against this deposit. At any time that the deposit is depleted below a balance of $2,000, plan checking/inspections will stop until the balance has been renewed to above $4,000. The unused balance of the deposit will be returned to the applicant upon completion of the work. (E/PW) 1.8 Prior to the issuance of a building permit, the applicant shall enter into an agreement with the City which shall outline terms, conditions, and amount of revenue that is required to be paid to the City in order to offset the fiscal impacts and costs of the project due to increased traffic within the City caused by or because of the project. Such agreement shall specify the type, location, and cost of traffic-related road improvements named to be the responsibility of the applicant and shall be satisfactory in form and content to the City Attorney and as approved by the City Council. (CDD, E/PW) 1.9 Applicant shall perform a traffic analysis, queuing analysis, of the traffic impacts of the project. Resultant modifications may include but not be limited to modifications of existing medians, easement acquisition, and permit acquisition from other jurisdictions. Modifications on Chess Drive shall not restrict the existing allowed turning movements and shall meet all safety and traffic warrants and requirements. The cost of any necessary improvements shall be borne by the applicant and all improvements are subject to the approval of the City Engineer. (E/PW) 1.10 The applicant shall perform outreach to adjacent property owners and businesses impacted by any median improvements. (E/PW) 1.11 The project applicant and/or owner shall defend (with counsel reasonably acceptable to the City), indemnify, and hold harmless City/Estero Municipal Improvement District Parties, from and against, any and all Claims arising directly or indirectly from the project. 1.12 Pursuant to Section 66020 of the California Government Code, the applicant shall have 90 days from date of project approval, or 90 days from the date of the imposition of the fees, dedications, reservations or other exactions to be imposed on a development project, to protest any fees, dedications, reservations or other exactions. 1.13 All sanitary sewer improvements are to be constructed to the satisfaction of the Engineering Division. (E/PW) 1.14 All stormwater improvements shall be constructed to the satisfaction of the 409
Resolution No. P- 11 -22 EA2021-0001 Engineering Division. (E/PW) 1.15 All fire safety improvements shall be constructed to the satisfaction of the San Mateo Consolidated Fire Department. (FIRE) 1.16 Notwithstanding any depictions or statements in the project application or drawings, the project shall be subject to the California Building Standards (Title 24 of the California Code of Regulations) as adopted and amended by the City of Foster City and the San Mateo Consolidated Fire Department, in effect as of the date of application for building permit. (BD) 1.17. All applicable Mitigation Measures required in the “388 Vintage Park Drive Project” Environmental Impact Report and the Mitigation Monitoring and Reporting Program (MMRP) recommended by the Planning Commission for approval by the City approved by the City Council by Resolution shall at all times be in use and adhered to pursuant to Exhibit B attached hereto and incorporated herein. Once certified by the City Council, the “388 Vintage Park Drive Project” EIR and MMRP shall become binding on the project. 1.18 The applicant shall submit a separate Sign Use Permit for review and approval by the Planning Division for all exterior Building Identification signs. (CDD) 1.19 The Applicant (or the project sponsor) shall pay the Affordable Housing Commercial Linkage Fee per Municipal Code Chapter 17.88 as well as all development impact fees in effect at the time of building permit issuance. The amount of impact fees to be paid shall be those in effect at the time of payment of such fees. (CDD) 1.20 The proposed building shall include energy efficient components and design features to achieve Leadership in Energy and Environmental Design (LEED) silver equivalence or a standard that is deemed to be equivalent to the LEED Silver standards (“Alternate Green Building Standards”). Specifically, measures to achieve this standard shall include but not be limited to the use of exterior Low E glazing to respond to solar exposure, low flow indoor water fixtures, advanced water and energy metering, infrastructure for electric vehicle (EV) charging, and enhanced indoor air quality strategies including advanced ventilation. Prior to issuance of any building permit, a letter shall be submitted to the City, verifying third-party certification, by a qualified professional, of the building’s Leadership in Energy and Environmental Design (LEED) Silver rating or an equivalent green building rating by the Green Building Certification Institute. (CDD, BD) 410
Resolution No. P- 11 -22 EA2021-0001 2.0 PRIOR TO ISSUANCE OF ANY PERMIT 2.1 Prior to issuance of any building permits, one (1) complete set of construction plan drawings in electronic format shall be submitted to the Building Division. All Use Permit conditions of approval shall be included on plan sheet(s) in the drawing set. (BD) 2.2 One (1) set in electronic format and one (1) set in printed format of a site specific, design level, fault zone geotechnical report satisfactory to the Chief Building Official, including one electronic or pdf version, shall be submitted for review and approval to the Building Division and contain design recommendations for grading, footings, retaining walls, and provisions for anticipated differential settlement for each construction site within the project area. Specifically: Each investigation shall include an analysis of expected ground motions at the site identified faults. The analysis shall be in accordance with applicable City ordinances and policies, and consistent with the most recent version of the California Building Code, which requires structural design that can accommodate ground accelerations expected from identified faults. The analysis presented in the geotechnical investigation report shall provide recommendations to minimize seismic damage to structures from total and differential settlements and to protect steel and concrete (and any other material that may be placed in the subsurface) from long-term deterioration caused by contact with corrosive on-site soils. All design measures, recommendations, design criteria, and specifications set forth in the final geotechnical investigation report shall be implemented. The investigations shall determine final design parameters for the walls, foundations, foundation slabs, surrounding related improvements, and infrastructure (utilities, roadways, parking lots and sidewalks). The investigations shall be reviewed and approved by a registered geotechnical engineer. All recommendations by the project engineer, geotechnical engineer, shall be included in the final design, as approved by the City of Foster City. The geotechnical report shall include a map prepared by a land surveyor or civil engineer that shows all field work and location of the “No Build” zone. The map shall include a statement that the locations and limitations of the geologic features are accurate representations of said features as they exist on the ground, were placed on this map by the surveyor, the civil engineer or under their supervision, and are accurate to the best of their knowledge. The geotechnical report for the project shall include evaluation of fixtures, furnishings, and fasteners with the intent of minimizing collateral injuries to building occupants from falling fixtures or furnishings during the course of a violent seismic event. Recommendations that are applicable to foundation design, earthwork, and site preparation that were prepared prior to or during the projects design phase, shall be incorporated in the project. Final seismic considerations for the site shall be submitted to and approved by the Building Division prior to commencement of the project. If deemed necessary by the Chief Building Official, a peer review may be required for the geotechnical report. Personnel reviewing the geologic report shall approve the report, reject it, or withhold approval pending the submission by the applicant or subdivider of further geologic and engineering studies to more adequately define active fault traces. 411
Resolution No. P- 11 -22 EA2021-0001 A licensed geotechnical engineer or their representatives shall be retained to provide geotechnical observation and testing during all earthwork and foundation construction activities. The geotechnical engineer shall be allowed to evaluate any conditions differing from those encountered during the geotechnical investigation and shall provide supplemental recommendations, as necessary. At the end of construction, the geotechnical engineer shall provide a letter regarding contractor compliance with project plans and specifications and with the recommendations of the final geotechnical investigation report and any supplemental recommendations issued during construction. The letter shall be submitted for review to the Building Division. In locations underlain by Bay Mud and/or non-engineered fill, the designers of proposed building foundations and improvements (including sidewalks, roads, driveways, parking areas, and utilities) shall consider these conditions. The design-level geotechnical investigation shall include measures to ensure potential damage related to compressible materials or soils and non-uniformly compacted fill are minimized. Mitigation options may range from removal of the problematic soils, and replacement, as needed, with properly conditioned and compacted fill to design and construction of improvements to withstand the forces exerted during the expected settlements. All mitigation measures, design criteria, and specifications set forth in the site-specific design-level geotechnical report, and the City of Foster City Building Department standards shall be followed to reduce impacts associated with problematic soils to a less-than-significant level. In locations underlain by expansive soils the designers and engineers of proposed building foundations and improvements (including piles, sidewalks, roads, driveways, parking areas, and utilities) shall consider the site’s potential to be underlain by soils with high shrink-swell potential. A site-specific design-level geotechnical investigation, prepared by a licensed professional, shall include measures to ensure potential damage related to expansive soils and non-uniformly compacted fill and engineered fill are minimized. Mitigation options may range from removal of the problematic soils, and replacement, as needed, with properly conditioned and compacted fill to design and construc-tion of improvements to withstand the forces exerted during the expected shrink-swell cycles and settlements. All design criteria and specifications set forth in the design-level geotechnical investigation shall be implemented to reduce impacts associated with problematic soils. The final geotechnical investigation report shall provide recommendations to minimize the potential damage to structures from total and differential settlement and to protect steel and concrete (and any other material that may be placed in the subsurface) from long-term deterioration caused by contact with corrosive on-site soils. All design measures, recommendations, design criteria, and specifications set forth in the final geotechnical investigation report shall be implemented. The final geotechnical investigation report shall provide recommendations to minimize the potential damage to utilities and flatwork due to settlement. Analysis and investigation shall include, but not be limited to, historic, and proposed grade changes, sensitivity to new loading, increased densities due to over-excavation and re-compaction, secondary compression, and induced settlement within the building area in the evaluation of the potential range of future settlements, and the need for special measures such as flexible utility 412
Resolution No. P- 11 -22 EA2021-0001 connections, hanging underslab utilities, hinges slabs at building/flatwork transitions, etc. (BD) 2.3 The applicant shall provide a Waste Management Plan for all aspects of construction from start to finish with estimated quantities of debris expected to be generated by the project, how it will be recycled/disposed of, and an accompanying deposit in accordance with Chapter 15.44 of the Foster City Municipal Code and California Green Building Code. A separate Waste Management Plan will be required for projects that require Demolition (see Section 3.0). (E/PW, BD) 2.4 Prior to issuance of a building permit, the Construction Best Management Practices (BMPs) from the San Mateo Countywide Stormwater Pollution Prevention Program shall be included as notes on the building permit drawings. (BD, E/PW) 2.5 Prior to the commencement of any work, the general contractor shall: a) Along with the project applicant, attend a pre-construction meeting with the Community Development Director, Chief Building Official and other departments the Community Development Director invites to discuss the project conditions of approval, working hours, site maintenance and other construction matters; and b) Acknowledge in writing that they have read and understand the project conditions of approval, particularly those pertaining to construction practices and site safety, and will make certain that all project sub-contractors have read and understand them prior to commencing work and that a copy of the project conditions of approval will be posted on site at all times during construction. (CDD, BD) 2.6 The construction contractor shall designate a “noise disturbance coordinator” who shall be responsible for responding to any local complaints about construction noise. The disturbance coordinator shall determine the cause of the noise complaints (e.g., beginning work too early, bad muffler) and institute reasonable measures warranted to correct the problem. A telephone number for the disturbance coordinator shall be conspicuously posted at the construction site. The construction contractor shall protect all downstream sanitary sewer lines from construction debris while performing sanitary sewer construction. Means to prevent construction debris must be used and shall be inspected by the construction inspector. (BD) 2.7 Prior to commencement of any site work or the introduction of any earth moving equipment or building materials onto the site, the applicant shall insure that a temporary 6 (six) foot tall chain-link fence (no portion of which contains barbed wire) with a dark green (or other color approved by the Community Development Director) vinyl or canvas interior liner placed on the exterior of the fence shall be placed around any yard or any portion of a yard which the Chief Building Official shall identify as requiring such. This fence shall be in place as approved until the 413
Resolution No. P- 11 -22 EA2021-0001 Chief Building Official shall allow it to be removed or changed. The fence may only be expanded or contracted in size upon approval of the Chief Building Official. Failure to adhere to this condition of approval shall result in the permit being brought to the Planning Commission for its review and introduction of stricter site and building construction regulations. The gate to the fence shall be locked at all times that the fenced area is left unattended by either the owner or resident, the contractor or subcontractors. All construction materials and equipment, including temporary or portable equipment, such as generators, storage containers or facilities, shall be stored within the interior of the fenced area when construction activities are not occurring. If placed anywhere on site, portable toilets shall be placed within the interior of the fenced area at all times. (CBO, CDD) 2.8 Prior to commencement of any site work or placement of any construction trailers, the applicant shall submit a Site Logistics Plan showing proposed haul routes, placement of the construction trailers (if any) and areas for materials/equipment materials/equipment delivery, materials/equipment storage, waste collection and maintenance/fueling of vehicles/equipment. The Site Logistics Plan shall be subject to approval by the Community Development Director. The Site Logistics Plan designated storage areas for material delivery, storage, and waste collection shall be as far away from catch basins, gutters, drainage courses, and water bodies as possible. All hazardous materials and wastes used or generated during project site development activities shall be labeled and stored in accordance with applicable local, state, and federal regulations. In addition, an accurate up-to-date inventory, including Material Safety Data Sheets, shall be maintained on-site to assist emergency response personnel in the event of a hazardous materials incident. The Site Logistics Plan designated area for all maintenance and fueling of vehicles and equipment shall be bermed or over a drip pan that will not allow run-off of spills. Vehicles and equipment shall be regularly checked and have leaks repaired promptly at an off-site location. Secondary containment shall be used to catch leaks or spills any time that vehicle or equipment fluids are dispensed, changed, or poured. The Site Logistics Plan shall locate equipment staging in areas that will create the greatest possible distance between construction-related noise sources and noise-sensitive receptors nearest the project site during all project construction. (CDD, BD, FIRE) 2.9 The contractor shall prepare a Waste Disposal and Hazardous Materials Transportation Plan prior to construction activities where hazardous materials or materials requiring off-site disposal would be generated. The Plan shall include a description of analytical methods for characterizing wastes, handling methods required to minimize the potential for exposure, and shall establish procedures for the safe storage of contaminated materials, stockpiling of soils, and storage of dewatered groundwater. The required disposal method for contaminated materials (including any lead-based paint, asbestos, or other hazardous building materials requiring disposal, see SCOA 9.25, below), the approved disposal site, and specific routes used for transport of wastes to and from the project site shall be 414
Resolution No. P- 11 -22 EA2021-0001 indicated. The Plan shall be prepared prior to demolition or development activities and submitted to the City. (E/PW, BD, FIRE) 2.10 Within sixty (60) days following the completion of the demolition phase of a covered project, and again within sixty (60) days following the completion of the construction phase of a covered project, the contractor shall submit documentation to the Building Inspection Division that demonstrates compliance with Chapter 15.44 of the Foster City Municipal Code and the California Green Building Code. Documentation includes submission of a completed Final Compliance Report with corresponding recycling, salvage, and disposal receipts/tickets from the facilities, to demonstrate where the debris was recycled, salvaged, or disposed. (BD) 2.11 Beginning July 1, 2019, applicants shall complete and submit the “PCB Screening Assessment Form” for any project requiring a demolition permit (BD, E/PW) 2.12 Hazardous materials and wastes generated during demolition activities, such as fluorescent light tubes, mercury switches, lead based paint, asbestos containing materials, and PCB wastes, and subsurface hazardous building materials generated during grading and trenching activities, such as asbestos-cement piping, shall be managed and disposed of in accordance with the applicable universal waste and hazardous waste regulations. Federal and state construction worker health and safety regulations shall apply to the removal of hazardous building materials and demolition activities, and any required worker health and safety procedures shall be incorporated into the contractor’s specifications for the project. Documentation of the surveys and abatement activities shall be provided to the City prior to the demolition of structures located at the project site. (BD, FIRE) 2.13 Prior to issuance of a building permit, any development involving one or more acres of total land area must obtain a General Permit from the State Water Resources Control Board. This permit requires the owner/developer to do the following: Submit a Notice of Intent (NOI) to the State Water Resources Control Board prior to commencement of construction activity; Copies of the NOI and the SWPPP must be submitted to the Engineering Division along with proof of compliance. (E/PW) 2.14 Prior to issuance of a building permit, the plans shall demonstrate compliance with the San Mateo Countywide Water Pollution Prevention Program, (see www.flowstobay.org including, but not limited to, submittal of checklists related to impervious surface and stormwater: C.3 and C.6 Checklist Project applicant checklist for NPDES Permit Requirements Stormwater Control Plan: Any improvements identified in the SWCP shall be constructed prior to first occupancy to the satisfaction of the Engineering Division. 415
Resolution No. P- 11 -22 EA2021-0001 (E/PW) 2.15 The applicant shall prepare and implement a Storm Water Pollution Prevention Plan (SWPPP) designed to reduce potential adverse impacts to surface water quality during the construction period. The SWPPP shall be prepared by a Qualified SWPPP Practitioner (QSP). The SWPPP shall include the minimum BMPs required for the identified Risk level. BMP implementation shall be consistent with the BMP requirements in the most recent version of the California Stormwater Quality Association Stormwater Best Management Handbook-Construction. The SWPPP shall be designed to address the following objectives: All pollutants and their sources, including sources of sediment associated with construction activity are controlled; Where not otherwise required to be under a Regional Water Board permit, all non-stormwater discharges are identified and either eliminated, controlled, or treated; Site Best Management Practices (BMPs) are effective and result in the reduction or elimination of pollutants in stormwater discharges and authorized non-stormwater discharges from construction activity to the Best Available Technology and Best Conventional Technology (BAT/BCT) standard; and Stabilization BMPs installed to reduce or eliminate pollutants after construction are completed. Best Management Practices (BMPs) shall be designed to mitigate construction-related pollutants and at a minimum, include the following: - Practices to minimize the contact of construction materials, equipment, and maintenance supplies (e.g., fuels, lubricants, paints, solvents, adhesives) with stormwater. The SWPPP shall specify properly-designed centralized storage areas that keep these materials out of the rain. - Reduce erosion of exposed soil which may include, but are not limited to: soil stabilization controls, watering for dust control, perimeter silt fences, placement of hay bales, and sediment basins. The potential for erosion is generally increased if grading is performed during the rainy season because disturbed soil can be exposed to rainfall and storm runoff. - If grading must be conducted during the rainy season, the primary BMPs selected shall focus on erosion control (i.e. keeping sediment on the site). End-of-pipe sediment control measures (e.g. basins and traps) shall be used only as secondary measures. Ingress and egress from the construction site shall be carefully controlled to minimize off-site tracking of sediment. Vehicle and equipment wash-down facilities shall be designed to be accessible and functional during both dry and wet conditions. The SWPPP shall specify a monitoring program to be implemented by the construction site supervisor, and shall include both dry and wet weather inspections. In addition, in accordance with State Water Resources Control Board requirements, monitoring shall be required during the construction period for pollutants that may be present in the runoff that are “not visually detectable in runoff.” 416
Resolution No. P- 11 -22 EA2021-0001 To educate on-site personnel and maintain awareness of the importance of stormwater quality protection, site supervisors shall conduct regular tailgate meetings to discuss pollution prevention. The frequency of the meetings and required personnel attendance list shall be specified in the SWPPP. A QSD shall be responsible for implementing BMPs at the site. The QSD shall also be responsible for performing all required monitoring, and BMP inspection, maintenance and repair activities. The developer shall retain an independent monitor to conduct weekly inspections and provide written monthly reports to the Engineering Division to ensure compliance with the SWPPP. Water Board personnel, who may make unannounced site inspections, are empowered to levy considerable fines if it is determined that the SWPPP has not been properly prepared and implemented. The SWPPP shall be prepared to the satisfaction of the Engineering Division. (E/PW) 2.16 Prior to building permit issuance. The location of any common space hazardous materials storage shall be noted on the plans and if applicable a hazardous materials inventory list shall be provided. (FIRE) 2.17 Prior to commencement of work, as required by California Government Code 4216, Underground Service Alert (USA) shall be contacted by the contractor to provide information on the location of underground utilities in the public right of way prior to earth work activities at the site. In addition to contacting USA, the applicant and/or contractor shall also be responsible for verifying locations of all utilities on the project site. This shall be included as notes on the building permit drawings. (E/PW) 2.18 Prior to issuance of a building permit a pre-construction condition visual or video survey of the roadway shall be prepared for review and approval by the Engineering Division. The roadway survey shall determine the PCI (Pavement Condition Index) of the pavement/roadway adjacent to the project and along the approved construction haul routes shall be performed by an engineering firm approved by the Engineering Division. The survey shall be paid for by the project developer and shall establish a baseline PCI for the streets affected during construction. Prior video survey may be considered. (E/PW) 2.19 Prior to issuance of a building permit, a pre-construction visual survey of the condition of the existing curb, gutter, and sidewalk adjacent to the property shall be performed. The applicant shall prepare a pre-condition survey report with photos to be submitted to the Engineering Division for review. Report shall document pre-existing condition of curb and gutter, as well as sidewalk hazards/defects that are in need of repair. (E/PW) 2.20 Prior to issuance of a building permit, the applicant shall prepare a pre-construction CCTV survey report on the existing wastewater collection system gravity mains 417
Resolution No. P- 11 -22 EA2021-0001 form the on-site system to the main in the street, to be submitted to the Engineering Division for review. Previous recent video surveys may be used. (E/PW) 2.21 Prior to issuance of a building permit, the existing storm drain pipe lines on the project site and downstream thereof to the nearest lagoon outlet shall be televised to determine their existing condition. Applicant shall submit a map illustrating the route to be televised for approval of the Engineering Division prior to the survey. The existing storm drain inlets shall be cleaned and protected as necessary during the project. (E/PW) 2.22 Prior to issuance of a building permit, the applicant shall arrange a joint field meeting with representatives of the Water Department to perform a visual survey of the condition of the existing water distribution system (including testing of valves and appurtenances) in the vicinity of the project site. The applicant shall prepare a pre-construction survey report to be submitted to the Engineering Division for review. Report shall document the condition of valves and other appurtenances tested and extent of water system mains surveyed. (E/PW) 2.23 The applicant shall prepare a project-specific Construction Risk Management Plan (CRMP) to protect construction workers, the general public, and the environment from subsurface hazardous materials previously identified and to address the possibility of encountering unknown contamination or hazards in the subsurface. The CRMP shall: Provide procedures for evaluating, handling, storing, testing and disposing of soil and groundwater during project excavation and dewatering activities, respectively; Require the preparation of a project specific Health and Safety Plan that identifies hazardous materials present, describes required health and safety provisions and training for all workers potentially exposed to hazardous materials in accordance with state and federal worker safety regulations, and designates the personnel responsible for Health and Safety Plan implementation; Require the preparation of a Contingency Plan that shall be applied should previously unknown hazardous materials be encountered during construction activities. The Contingency Plan shall be developed by the contractor(s), with the approval of the City and/or appropriate regulatory agency (BD, FIRE) 2.24 The applicant shall submit a letter from the Vintage Park Community Association with final approval of the architectural and landscape plans. (CDD) 3.0 PRIOR TO DEMOLITION PERMIT 3.1 Prior to issuance of a demolition permit for structures located on the project site, a lead-based paint, hazardous building materials survey (PCBs, mercury), and asbestos survey (for those structures not previously surveyed) shall be performed 418
Resolution No. P- 11 -22 EA2021-0001 by a qualified environmental professional. Based on the findings of the survey, all loose and peeling lead-based paint, and identified asbestos hazards shall be abated by a certified contractor in accordance with local, state, and federal requirements (including the requirements of the BAAQMD, District Regulation 11, Rule 20) and requirements for worker health and safety. (BD) 3.2 Within sixty (60) days following the completion of the demolition phase of a covered project, and again within sixty (60) days following the completion of the construction phase of a covered project, the contractor shall submit documentation to the Building Inspection Division that demonstrates compliance with Chapter 15.44 of the Foster City Municipal Code and the California Green Building Code. Documentation includes submission of a completed Final Compliance Report with corresponding recycling, salvage, and disposal receipts/tickets from the facilities, to demonstrate where the debris was recycled, salvaged, or disposed. (BD) 3.3 Beginning July 1, 2019, applicants shall complete and submit the “PCB Screening Assessment Form” for any project requiring a demolition permit (BD, E/PW) 3.4 Hazardous materials and wastes generated during demolition activities, such as fluorescent light tubes, mercury switches, lead based paint, asbestos containing materials, and PCB wastes, and subsurface hazardous building materials generated during grading and trenching activities, such as asbestos-cement piping, shall be managed and disposed of in accordance with the applicable universal waste and hazardous waste regulations. Federal and state construction worker health and safety regulations shall apply to the removal of hazardous building materials and demolition activities, and any required worker health and safety procedures shall be incorporated into the contractor’s specifications for the project. Documentation of the surveys and abatement activities shall be provided to the City prior to the demolition of structures located at the project site. (BD, FIRE) 4.0 PRIOR TO GRADING AND DRAINAGE 4.1 Subsequent to issuance of a grading permit by the Building Inspection Division and prior to commencement of any work pertaining to on-site drainage facilities, grading, or paving, or any work in the City's right-of-way, the applicant shall notify the Engineering Division at least forty-eight (48) hours in advance to schedule an inspection. (BD, E/PW) 5.0 PRIOR TO UNDERGROUND UTILITIES 5.1 Submit improvement plans for the construction of all public and private improvements in accordance with the latest City Standard Drawings and Specifications. Should the applicant propose the use of development and/or construction standards for any improvements and/or land uses which are different than those presently set forth in the City's Codes and Ordinances, Standard Specifications and Standard Plans, such standards must be presented to and 419
Resolution No. P- 11 -22 EA2021-0001 approved by the City. The applicant shall cause Standard Specifications and Standard Drawings to be prepared in a format to be approved by the Engineering Division. (E/PW) 5.2 Plans and specifications for grease interceptors or similar runoff control equipment, to be reviewed and approved by the Engineering Division. The equipment shall be installed by property owners/tenants to the satisfaction of the Public Works Department (San Mateo Environmental Compliance Source Control Inspector). (E/PW) 5.3 Should the geotechnical report find that there will be potential differential settlement or if deemed necessary by the Chief Building Official, mitigation measures will be provided and may include flexible connections or alternative measures acceptable to the Chief Building Official for gas, electric, sewer, water and other utilities and hinged, reinforced slabs shall be provided at transitions from building to sidewalks, walkways and driveways. The final geotechnical investigation report shall provide recommendations to minimize the potential damage to structures from differential settlement (BD, E/PW) 5.4 The location and size of all building utility service connections, including water and gas & electric service, fire service and irrigation connections, shall be indicated on the drawings, to be reviewed and approved by the City. All changes to building utility connections shall be approved by the Community Development Department prior to construction. Building utility connections shall be located, sized and screened in such a manner that they have the least possible impact on the design of the building and site. The architect or landscape architect of record shall be directly involved in the design and placement of all site and building service connections and shall sign their respective plans submitted to the City which locate, size and/or screen building utility connections. (CDD) 5.5 Prior to issuance of a building permit, the improvement plans shall show all proposed electric, cable TV, gas and communication lines within the development to the satisfaction of the Engineering and Building Divisions. All utilities shall be underground. (E/PW, BD) 5.6 During development of improvement plans, the location(s) of all above-ground utility equipment (Post Indicating Valves (P.I.V.), Backflow/Cross-Connection Devices, Fire Department Connections (FDC), fire hydrants and other such utilities shall be staked and the locations approved by staffs of the Planning/Code Enforcement Division, Building Inspection Division, Fire Department, and Public Works Department. Prior to final approval of the plans, the applicant shall arrange a joint field meeting with representatives from each of the Departments/Divisions listed above to confirm and verify locations for each above-ground utility component. (CDD, BD, FIRE, E/PW) 5.6.a The plans shall show all existing and proposed Easements. 420
Resolution No. P- 11 -22 EA2021-0001 (CDD, BD, FIRE, E/PW) 5.7 Wastewater System 5.7.1 The applicant shall have a registered civil engineer prepare a sewer flow projection study and a hydraulic capacity study, to be submitted to the Engineering Division for review. The study shall meet the approval of the Engineering Division and should: Verify that the existing sewer system is properly sized to meet the projected increase in wastewater generation on the project site. Study the on and off-site sewer system (including lift stations) which services the project (both upstream and downstream). Show the new connecting points to the existing sewers and model the estimated flows and peaking factors, as they relate to the changes in land use for the proposed project. No on-site or downstream overloading of existing sewer system will be permitted. Any necessary improvements including but not limited to impacts to LS 26 and associated appurtenances, identified by the study shall be constructed by the developer/applicant at applicant’s sole cost. (E/PW) 5.7.2 Prior to issuance of a building permit, the improvement plans shall include the design of a wastewater collection system in accordance with the City’s Standard Details/Specifications and to the satisfaction of the Engineering Division. Wastewater collection system items of construction should include at least the following: The locations and numbers of on-site pump stations with permanent standby power, telemetry system and controls. All shall be as approved by the Engineering Division. Modification to and addition of permanent standby power to which the proposed system is contributing sewage, if required. Sanitary sewer mains. Manholes with manhole frames and covers. Cleanouts. In commercial/industrial buildings the sewer inspection cleanouts shall be at accessible outside locations to allow for wastewater sampling. Wye branches and laterals. And together with appurtenances to any or all of the above. (E/PW) 5.7.3 The existing sewer system should be capped at the property line unless it is going to be reused. Lateral should not be abandoned in place. (E/PW) 5.8 Storm Water System 5.8.1 Prior to issuance of a building permit, the improvement plans shall include the design of stormwater improvements in accordance with the City’s Standard Details/Specifications and to the satisfaction of the Engineering 421
Resolution No. P- 11 -22 EA2021-0001 Division. Stormwater improvements items of construction should include at least the following: surface and subsurface storm drain facilities; manholes with manhole frames and covers; catch basins and laterals; construct all catch basins as silt detention basins; And together with appurtenances, to any or all of the above. (E/PW) 5.8.2 Prior to issuance of a building permit, a complete storm drainage study of the proposed development shall be prepared by a registered civil engineer and submitted as part of the improvement plans package. Drainage facilities shall be designed in accordance with accepted engineering principles and be approved by the Engineering Division. The hydrology/hydraulic analysis shall include the following: The amount of runoff, and existing and proposed drainage structure capacities. Verification that the existing storm drain system is adequately sized to handle the run-off from the project. Conformance with the City’s Drainage Design Criteria/Standards available on the City’s website: https://www.fostercity.org/publicworks/page/city-standard-design-criteria Calculations and plans showing hydraulic gradelines. Evidence that the system is capable of handling a 25-year storm with the hydraulic grade line at least one foot below every grate. No overloading of the existing system will be permitted. All needed improvements shall be installed by the applicants at applicants’ sole cost. (E/PW) 5.8.3 The applicant shall fully comply with the C.3 provisions of the Municipal Regional Stormwater NPDES Permit (MRP). Responsibilities include, but are not limited to, designing Best Management Practices (BMPs) into the project features and operation to reduce potential impacts to surface water quality associated with operation of the project. These features shall be included in the design-level drainage plan and final development drawings. Specifically, the final design shall include measures designed to mitigate potential water quality degradation of runoff from all portions of the completed development. All Stormwater control measures outlined in the current San Mateo Countywide Water Pollution Prevention Program’s C.3 Stormwater Technical Guidance manual shall be incorporated into the project design. Low Impact Development features, including rainwater harvesting and reuse, and passive, low-maintenance BMPs (e.g., grassy swales, porous pavements) are required under the MRP. Higher-maintenance BMP’s may only be used if the development of at-grade treatment systems is not possible, or would not adequately treat runoff. Funding for long-term maintenance for all BMPs must be specified (as the City will not assume maintenance responsibilities for these features). The applicant shall 422
Resolution No. P- 11 -22 EA2021-0001 establish a self-perpetuating drainage system maintenance program for the life of the project that includes annual inspections of any stormwater detention devices and drainage inlets. Any accumulation of sediment or other debris would need to be promptly removed. In addition, an annual report documenting the inspection and any remedial action conducted shall be submitted to the Public Works Development for review and approval. The drainage plan shall be prepared to the satisfaction of the Engineering Division. (E/PW) 5.8.4 Prior to issuance of a building permit, should the City determine that the City’s storm drain system or storm drain pumping capacity requires expansion or modification as a result of the applicants’ development, the applicants shall pay for all necessary improvement costs. The timing and amount of payment shall be as determined by the City. (CC, E/PW) 5.8.5 All storm drain lines and related storm drainage appurtenances located both within the property boundaries of the development site and associated offsite private easements shall be privately owned and maintained. Prior to issuance of a building permit, the applicants shall submit to the City Engineer evidence of easements granted for private offsite storm drainage facilities located on adjacent private property. Said easements shall provide the applicants the right at any time, or from time to time, to construct, maintain, operate, replace, remove, and renew all offsite storm drainage facilities, and appurtenant structures in, upon, over and across such easements. (E/PW) 5.8.6 Prior to installation of any stormwater treatment improvements (i.e. bio-detention basins), the applicant shall notify the Engineering Division to coordinate the inspections required for the various elements of the stormwater treatment installation. Failure to obtain inspection and approval by City staff may require the applicant to remove any stormwater treatment components, which were not inspected by the City at the applicants cost. In addition, the Engineering Division shall be notified at least forty-eight (48) hours in advance to schedule the necessary inspections. (E/PW) 5.8.7 Prior to installation of any stormwater treatment improvements, the applicant shall consult with the City to meet the requirements of the City’s green infrastructure plan. (E/PW) 5.9 Water Distribution System 5.9.1 To properly evaluate necessary improvements, a complete water system capacity study of the on-and-off site water system which services the proposed project shall be prepared by a registered civil engineer approved 423
Resolution No. P- 11 -22 EA2021-0001 by the City/District Engineer, and retained by the project developer prior to approval of a building permit. The study shall include: a map showing the project location, utility drawings for the project area (pdf and CAD files), a project description (type of development, number of units, land use, acreage, etc.), and a system demand analysis (including average daily demand, maximum daily demand, peak hour demand, and fire flow requirements), specific to the proposed development. The study shall include a detailed water pipe hydraulic flow analysis to determine whether the existing water distribution system is properly sized to meet the projected new water demands on the project site. All needed construction improvements to upsize the existing water distribution system to meet the demands of the new project shall be constructed to meet California Fire Code and San Mateo Consolidated Fire Department requirements, by the applicant at the applicant’s sole cost. (BD, FIRE, E/PW) 5.9.2 Prior to the issuance of a building permit, the improvement plans shall include the design of a domestic water system to the satisfaction of the Engineering Division. Water distribution system items of construction shall include at least the following: backflow prevention devices; water mains - minimum main size is 8 in. in any area. Fire flow determined for buildings/areas per "The Guide for Determining Required Fire Flow; Insurance Services Office; Municipal Survey Service;" valves; tees; fittings; hydrants; meters; services; and together with appurtenances to any or all of the above; all water mains serving fire hydrants, shall be a minimum of 8" in diameter (E/PW, FIRE) 5.9.3 Water lines shall be designed for fire flows to meet California Fire Code and Fire Department requirements. (E/PW, FIRE) 5.9.4 Prior to the issuance of a building permit, the applicant shall submit a design for all required backflow prevention devices in accordance with the Department of Health Services requirements. A backflow device shall be installed at each connection point to the City/District water system for both domestic and fire lines. The size and type of the backflow prevention devices are subject to approval by the Engineering Division. In addition, the required double check valve assembly shall be located on the drawings and provisions included for screening adjacent to property line. All backflow prevention assembly devices shall meet the California Health and Safety Code (CA H&SC) and installed in accordance with the USC specifications. 424
Resolution No. P- 11 -22 EA2021-0001 (BD, E/PW, FIRE)5.9.5 Prior to the issuance of a building permit, the applicant shall indicate on-site hydrants, blue reflective pavement markers and mains at locations approved by the Fire Department. Hydrants shall meet the following requirements: Fire hydrants shall be installed not more than 250 ft. apart -in some instances distances may be less and must meet San Mateo Consolidated Fire Department requirements. All new fire hydrants or replacement of existing hydrants shall conform with current City standards. Placement shall conform to current City standards. (FIRE, E/PW) 5.9.6 Prior to the issuance of a building permit, the applicant shall submit a request for all required water meters, including payment for the meters. The applicant shall provide calculations supporting the size and type of the meters. The size and type of the meters are subject to approval by the Engineering Division. Water meters shall be located at the property line. (BD, E/PW) 5.9.7 Sub-meters shall be provided for each individual dwelling unit if individual meters are not provided. The required water sub-meters shall be installed prior to occupancy. (BD, E/PW) 5.9.8 All water lines and related water appurtenances located within the property boundaries of the development site shall be privately owned and maintained. Private water lines do not need to have Master Meter(s). Where appropriate, prior to issuance of a building permit, the applicants shall submit to the City Engineer evidence of easements that are shared with other privately owned and maintained for water facilities. Said easements shall provide the applicants the right at any time, or from time to time, to construct, maintain, operate, replace, remove, and renew all water facilities, and appurtenant structures in, upon, over and across such easements. (E/PW) 5.9.9 Water Supply Assessment (WSA) – Applicant shall have a firm approved by the City, update the City’s WSA to determine whether there is adequate water available to meet the future demands of the project. (E/PW) 5.9.10 Applicant shall test interference/impacts of building on City’s SCADA and water meter radio network. If building impacts SCADA and Meter reading communications equipment, applicant shall be responsible for the costs of the installation of repeater antennas to maintain communications. (E/PW) 425
Resolution No. P- 11 -22 EA2021-0001 6.0 PRIOR TO ARCHITECTURAL AND STRUCTURAL SHELL 6.1 Elevations shall be included in the building permit plans indicating colors and materials, listing manufacturers’ names and product identification, and shall be approved by the Community Development Director. (CDD) 6.2 No rooftop equipment of any kind or exterior conduit shall be visible from the ground level on the site or from adjacent public rights-of-way or ground level on adjacent properties. At initial project construction and in the future, cross-sections and details of the proposed rooftop equipment, sight line studies demonstrating the visual impact of equipment, and related screening shall be submitted to the Community Development Director for approval. (CDD) 6.3 All vents shall be shown on the exterior elevations. Where feasible, venting shall be directed to the roof and consolidated to minimize its visibility, subject to approval by the Community Development Director. (CDD) 6.4 Prior to the issuance of a building permit, the applicant shall provide a letter to the City from the Manager, Customer Services, of the United States Postal Service/San Mateo Post Office, stating that the Postal Service has reviewed proposed plans and methods for providing a postal service to the tenants or residents of the proposed building(s) or development and has approved them. (CDD) 6.5 The applicant shall provide a letter describing the sustainable practices that are included in the project and referencing the sheets in the building permit drawings that demonstrate the inclusion of the sustainable practices for review and approval by the Community Development Director. (CDD) 6.6 Prior to the issuance of a building permit, should mailboxes be required by the Postal Service and allowed by the City, the applicant shall submit for staff review and approval a mailbox design and its specific placement prior to any installation, meeting the guidelines for mailbox placement and the City's Mailbox Ordinance. (BD, CDD) 6.7 Details of any trash/recycling enclosures shall be included, showing that the trash/recycling enclosures shall be covered, the drainage connected to the sanitary sewer and that it meets any other relevant stormwater control requirements (see https://www.flowstobay.org/newdevelopment). (CDD, E/PW) 6.8 Plans for trash enclosures and recycling facilities, including truck access to these facilities, shall be reviewed by the service provider and a letter provided from the service provider indicating their comments, if any, have been satisfactorily resolved. (CDD, E/PW) 426
Resolution No. P- 11 -22 EA2021-0001 6.9 Prior to issuance of the architectural/structural shell permit, all emergency vehicle access and location of building numbers shall be identified to the satisfaction of the City. (FIRE, POL, CDD) 6.10 Prior to issuance of the architectural/structure shell permit, an addressing plan shall be provided, including proposed addresses and size, location and illumination of address signage, subject to approval by City. (FIRE, POL, CDD, BD) 6.11 The plans shall demonstrate compliance with the Indoor Water Conservation requirements contained in EMID Code Chapter 8.7, including, but not limited to, submittal of the Indoor Water Use Efficiency Checklist. The Checklist shall be updated, if necessary, prior to issuance of the Tenant Improvement. (BD) 6.12 Rooftop solar installations shall meet the California Fire Code and Electrical Codes for labels and clearance. Rooftop access will be required as per the California Building Code, California Fire Code and California Electric Code. (BD, FIRE) 6.13 Prior to issuance of the building permit, plans for the fire sprinkler system and fire alarm system in accordance with the California Fire Code, Title 15 of the Foster City Municipal Code, and NFPA 13 and 72 shall be submitted and approved by the Chief Building Official and Fire Marshal. Installation shall be completed and approved prior to building occupancy. General: o All PIV, OS & Y valves and Zone valves, etc. must be tamper switched. o All Fire Department connections (FDCs) must be within 50 ft. or less of a water supply (fire hydrant). FDCs must have a minimum of two inlets. Each building shall have an independent fire sprinkler system and FDC. o The required double check valve assembly shall be located on the drawings and provisions included for screening. Fire Sprinklers: o A combination fire sprinkler and fire standpipe shall be provided for each building. o All new buildings/new construction except for Single Family houses (R3) shall install a National Fire Protection Association (NFPA) 13 Fire Sprinkler system. Single family homes shall have fire sprinkler systems complying with NFPA 13D. o A horn strobe shall be installed in the area of the FDC at a location approved by the Fire Marshal. Fire Pumps: o A fire pump if required to meet minimum fire flow requirements, shall be provided to meet the fire sprinkler and standpipe demand(s). o Electric fire pumps are only acceptable with generator backup. Fire Alarm System:
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Resolution No. P- 11 -22 EA2021-0001 oFire alarm system(s) shall be zoned by address, floor, area and type of device. o The fire alarm system(s) for the building shall have a horn/strobe system in each residential unit and a speaker/strobe system in the common areas. (BD, FIRE) 6.14 Roof access shall be provided from at least one stairway in each building. (BD, FIRE) 6.15 Prior to issuance of a building permit, the plans shall demonstrate the ability at tenant improvement to incorporate elevators utilized to transport hazardous materials under the provisions of California Fire Code Chapter 50 and incorporate exhaust ventilation compiling with ANSI Z9.5-2012 or NFPA 45-2019 if required. (BD, FIRE) 7.0 PRIOR TO TENANT IMPROVEMENTS 7.1 Three (3) sets of an acoustical analysis, including one electronic or pdf version, shall be submitted, prepared by a licensed professional, specifying the manner in which interior noise levels will be reduced to the required Community Noise Equivalency Level (CNEL) per Title 24 of the California Administrative Code and Chapter 17.68 of the Foster City Municipal Code. The details of noise attenuation recommended in the report will be subject to the review and approval of the Chief Building Official. (BD) 7.2 Rooftop solar installations shall meet the California Fire Code and Electrical Codes for labels and clearance. Rooftop access will be required as per the California Building Code, California Fire Code and California Electric Code. (BD, FIRE) 7.3 Prior to issuance of the building permit, plans for the fire sprinkler system and fire alarm system in accordance with the California Fire Code, Title 15 of the Foster City Municipal Code, and NFPA 13 and 72 shall be submitted and approved by the Chief Building Official and Fire Marshal. Installation shall be completed and approved prior to building occupancy. General: o All PIV, OS & Y valves and Zone valves, etc. must be tamper switched. o All Fire Department connections (FDCs) must be within 50 ft. or less of a water supply (fire hydrant). FDCs must have a minimum of two inlets. Each building shall have an independent fire sprinkler system and FDC. o The required double check valve assembly shall be located on the drawings and provisions included for screening. Fire Sprinklers: o If elevators are provided, fire sprinkler heads shall be included in all elevator pits if required by CBC. 428
Resolution No. P- 11 -22 EA2021-0001 oA combination fire sprinkler and fire standpipe shall be provided for each building. o All new buildings/new construction except for Single Family houses (R3) shall install a National Fire Protection Association (NFPA) 13 Fire Sprinkler system. Single family homes shall have fire sprinkler systems complying with NFPA 13D. o A horn strobe shall be installed in the area of the FDC at a location approved by the Fire Marshal. Fire Pumps: o A fire pump if required to meet minimum fire flow requirements, shall be provided to meet the fire sprinkler and standpipe demand(s). o Electric fire pumps are only acceptable with generator backup. Fire Alarm System: o Fire alarm system(s) shall be zoned by address, floor, area and type of device. o The fire alarm system(s) for the building shall have a horn/strobe system in each residential unit and a speaker/strobe system in the common areas. (BD, FIRE) 7.4 Following the issuance of the Architectural and Structural Shell Building Permits, but prior to tenant improvement permit, State of California safety regulations regarding the transport, handling and storage of hazardous materials (HMIS) shall be incorporated onto the plans. Storage of hazardous materials shall be directed to areas in the complex where maximum protection of office and other active work areas can be provided. (BD, FIRE) 7.5 A list of hazardous materials that will be used in a given space shall be provided to San Mateo Consolidated Fire Department for review and approval (FIRE) 8.0 PRIOR TO LANDSCAPE AND FLATWORK 8.1 Submit documentation and plans showing compliance with Chapter 8.8 of the EMID Code, including, but not limited to submittal of the Outdoor Water Use Efficiency Checklist. (E/PW, CDD, BD) 8.2 An exterior lighting plan including fixture and standard design, coverage and intensity shall be submitted, to be reviewed and approved by the Community Development Department and the Police Department. In its review of the lighting plan, the City shall ensure that any outdoor night lighting proposed for the project is downward-facing, not overly bright at the property line and shielded so as to minimize nighttime glare and lessen impacts to neighboring properties. The City shall also ensure that all development plans for the proposed project conform to the performance standards provided under Section 17.68.080 of the Foster City Municipal Code. 429
Resolution No. P- 11 -22 EA2021-0001 (CDD, POL) 8.3 Prior to issuance of a Building Permit, the applicant shall design a comprehensive pedestrian walkway system throughout the development to the satisfaction of the City and in compliance with the General Plan. The pedestrian walkway system shall be constructed according to plan. (BD, CDD) 8.4 Landscape plans shall include details of any fencing, walls and gates, to be reviewed and approved by the Community Development Director and the Chief Building Official. (CDD, BD) 8.5 A planting plan neatly and accurately drawn to scale, indicating types, quantities, locations and sizes of all plant material including existing major vegetation designated to remain and street trees, method of protecting planting areas from vehicular traffic, and planting areas to be irrigated on separate valves shall be submitted for Planning staff review and approval. (CDD) 8.6 The planting plans shall show that the applicant will install and maintain landscaping in the unpaved areas within the public right-of-way abutting the development to the satisfaction of the Planning/Code Enforcement Division. (CDD) 8.7 The plans shall show that all trees planted closer than four (4) ft. from any public or private walkway, driveway or major structure shall be shielded with root barriers that are designed to the satisfaction of the City. (CDD) 8.8 The location of backflow prevention devices for the irrigation system shall be adequately screened with planting material. Method of screening shall be approved by Planning staff prior to issuance of a building permit. (CDD, BD) 8.9 Domestic backflow prevention devices shall be consistent with the most recent list of approved devices maintained by the County Department of Health. (E/PW, BD) 8.10 Landscape plans shall show all planting areas shall be protected from common vehicular traffic by the provision of a 6-inch high concrete curb. Rolled curbs are not acceptable. (CDD) 8.11 Evidence that a licensed landscape architect registered with the State of California has prepared or reviewed and found acceptable the planting and irrigation plans, cost estimate, and documents describing the existing soil conditions, grading and soil preparation. (CDD) 430
Resolution No. P- 11 -22 EA2021-0001 8.12 Planting plans shall include documentation describing the existing soil conditions, proposed grading, and soil preparation as they relate to providing a compatible growing medium for the selected plant material. (CDD) 8.13 At initial planting, all trees shall be a minimum of 15 gallons or larger. At least fifteen percent (15%) of the total number of trees approved as a part of the Landscape Plan shall be 24 inch or larger specimen trees to be planted along public rights-of-way or other locations as determined in the field by the Community Development Director. As and when trees are replaced they will be replaced by trees of the same species which shall be a minimum of 15 gallons or larger. Only specimen size trees shall replace specimen size trees. (CDD, Prior to planting) 8.14 The Developer shall submit a letter signed and stamped by the licensed landscape architect verifying that the plants that have been selected for the bioretention area/swale are drought tolerant, inundation tolerant, and require minimal maintenance consistent with the C.3/C.6 Checklist, as provided in Appendix A of the San Mateo County Wide Water Pollution Prevention Program’s C.3 Stormwater Technical Guidance Handbook at www.flowstobay.org. (E/PW, CDD) 9.0 GENERAL CONSTRUCTION PRACTICES 9.1 Construction activities shall be limited to the hours of 8 a.m. to 5 p.m. on weekdays unless deviations from this schedule are approved in advance by the City. Non construction activities may take place between the hours of 7 a.m. and 8 a.m. on weekdays and 9 a.m. and 4 p.m. on Saturdays but must be limited to quiet activities and shall not include the use of engine-driven machinery. No actual construction activities may take place between 7 a.m. and 8 a.m., except when post-tension slab foundations are being poured, the concrete pumper may be set up but no concrete may be poured. Forklifts shall be allowed to operate onsite between the hours of 5 p.m. and 6:30 p.m. on weekdays. Construction noise levels shall not exceed the interior noise level of 50 dBALeq(hourly average) or the maximum noise level of 70 dBALmaxwithin occupied noise sensitive land uses. The Planning Commission reserves the right to rescind this condition and further restrict construction activities in the event that the public health, safety and welfare are not protected due to noise levels emanating from the construction project. (PC, BD, CDD) 9.1.1 Any requested deviations from the allowed hours for construction activities shall be submitted to the Community Development Director a minimum of two (2) working days in advance for review and approval. Any approved deviations from the allowed hours shall be communicated to the Building Inspection Division and the Police Department. (CDD) 9.2 In order to minimize construction noise impacts, all engine-driven construction vehicles, equipment and pneumatic tools shall be required to use effective intake and exhaust mufflers; equipment shall be properly adjusted and maintained; all 431
Resolution No. P- 11 -22 EA2021-0001 construction equipment shall be equipped with mufflers in accordance with OSHA standards. (BD) 9.3 The construction contractor shall place all stationary construction equipment so that emitted noise is directed away from sensitive receptors nearest the project site. (BD) 9.4 All construction shall be completed in a professional manner and appearance. (CDD) 9.5 The following controls shall be implemented at all construction sites within the project to control dust and/or mud production and fugitive dust. Water all active construction areas at least twice daily and more often during windy periods; active areas adjacent to existing sensitive land uses shall be kept damp at all times, or shall be treated with nontoxic stabilizers to control dust; Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least 2 feet of freeboard; Pave, apply water three times daily, or apply (nontoxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites; Sweep daily (with water sweepers) all paved access roads, parking areas, and staging areas at construction sites; and Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets. Blowing dust shall be reduced by timing construction activities so that paving and building construction begin as soon as possible after completion of grading, and by landscaping disturbed soils as soon as possible. Water trucks shall be present and in use at the construction site. All portions of the site subject to blowing dust shall be watered as often as deemed necessary by the City in order to insure proper control of blowing dust for the duration of the project. Watering on public streets shall not occur. All vehicle speeds on unpaved roads shall be limited to 15 mph. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations (CCR). Clear signage shall be provided for construction workers at all access points. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified visible emissions evaluator. Streets will be cleaned by street sweepers or by hand as often as deemed necessary by the City Engineer. Watering associated with on-site construction activity shall take place between the hours of 8 a.m. and 7 p.m. and shall include at least one late-afternoon watering to minimize the effects of blowing dust. 432
Resolution No. P- 11 -22 EA2021-0001 All public streets and medians soiled or littered due to this construction activity shall be cleaned and swept on a daily basis during the workweek to the satisfaction of the City. Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District‘s phone number shall also be visible to ensure compliance with applicable regulations. (BD) 9.6 The General Contractor shall provide qualified supervision on the job site at all times during construction. (BD) 9.7 All work shall conform to the applicable City/District codes. Good housekeeping practices shall be observed at all times during the course of construction. Superintendence of construction shall be diligently performed by a person or persons authorized to do so at all times during working hours. The storing of goods and/or materials on the sidewalk and/or the street will not be allowed unless a special permit is issued by the Engineering Division. (CDD, BD, E/PW) 9.8 The developer’s registered Engineer shall notify the Engineering Division, in writing, at least 72 hours in advance of all differences between the proposed work and the design indicated on the civil plans. Any proposed changes shall be subject to the approval of the City before altered work is started. Any approved changes shall be incorporated into the final as-built drawings. (E/PW) 9.9 The applicant shall require all contractors to obtain and submit to City any transportation permits required by Caltrans. Contractors are further required to obtain a transportation permit from City for hauling on local streets. All vehicles hauling materials to the project site that exceed 12,000 pounds gross weight shall follow established truck route streets to the closest point of the job site unless directed otherwise by the Engineering Division. (E/PW) 9.10 If paleontological resources are discovered during project activities, all work within 25 feet of the discovery shall be redirected and the Community Development Director immediately notified. A qualified paleontologist shall be contacted to assess the situation, consult with agencies as appropriate, and make recommendations for the treatment of the discovery. Paleontological resources include fossil plants and animals, and evidence of past life such as trace fossils and tracks. Ancient marine sediments may contain invertebrate fossils such as snails, clam and oyster shells, sponges, and protozoa; and vertebrate fossils such as fish, whale, and sea lion bones. Fossil vertebrate land animals may include bones of reptiles, birds, and mammals. Paleontological resources also include plant imprints, petrified wood, and animal tracks. Upon completion of the assessment, the paleontologist shall prepare a report documenting the methods and results and provide recommendations for the treatment of the paleontological resources discovered. This report shall be 433
Resolution No. P- 11 -22 EA2021-0001 submitted to the project applicant, the Foster City Community Development Department, and the paleontological curation facility. Adverse effects to paleontological resources shall be avoided by project activities. If avoidance is not feasible (as determined by the City, in conjunction with the qualified paleontologist), the paleontological resources shall be evaluated for their significance. If the resources are not significant, avoidance is not necessary. If the resources are significant, adverse effects on the resources shall be avoided, or such effects shall be mitigated. Mitigation can include, but is not necessarily limited to: excavation of paleontological resources using standard paleontological field methods and procedures; laboratory and technical analyses of recovered materials; production of a report detailing the methods, findings, and significance of recovered fossils; curation of paleontological materials at an appropriate facility (e.g., the University of California Museum of Paleontology) for future research and/or display; an interpretive display of recovered fossils at a local school, museum, or library; and public lectures at local schools on the findings and significance of the site and recovered fossils. The City shall ensure that any mitigation involving excavation of the resource is implemented prior to project construction or actions that could adversely affect the resource. (CDD, BD) 9.11 If deposits of prehistoric or historic archaeological materials are encountered during project activities, all work within 25 feet of the discovery shall be redirected and the Community Development Director immediately notified. A qualified archaeologist shall be contacted to assess the find, consult with agencies as appropriate, and make recommendations for the treatment of the discovery. Prehistoric materials can include flaked-stone tools (e.g., projectile points, knives, choppers) or obsidian, chert, basalt, or quartzite toolmaking debris; bone tools; culturally darkened soil (i.e., midden soil often containing heat-affected rock, ash and charcoal, shellfish remains, faunal bones, and cultural materials); and stone-milling equipment (e.g., mortars, pestels, handstones). Prehistoric archaeological sites often contain human remains. Historical materials can include wood, stone, concrete, or adobe footings, walls, and other structural remains; debris-filled wells or privies; and deposits of wood, glass, ceramics, metal and other refuse. Upon completion of the assessment, the archaeologist shall prepare a report documenting the methods and results of the analysis, and provide recommendations for the treatment of the archaeological deposits discovered. The report shall be submitted to the project applicant, the Foster City Community Development Department and the Northwest Information Center. Project personnel shall not collect or move any archaeological materials or human remains. Adverse effects to such deposits shall be avoided by project activities. If avoidance is not feasible (as determined by the City, in conjunction with the qualified archaeologist), the archaeological deposits shall be evaluated for their eligibility for listing in the California Register. If the deposits are not eligible, avoidance is not necessary. If the deposits are eligible, avoidance of project impacts on the deposit shall be the preferred mitigation. If adverse effects on the deposits cannot be avoided, such effects must be mitigated. Mitigation can include, but is not necessarily limited to: excavation of the deposit in accordance with a data recovery plan (see CEQA Guidelines Section 15126.4(b)(3)(C)) and standard archaeological field methods and procedures; laboratory and technical 434
Resolution No. P- 11 -22 EA2021-0001 analyses of recovered archaeological materials; production of a report detailing the methods, findings, and significance of the archaeological site and associated materials; curation of archaeological materials at an appropriate facility for future research and/or display; preparation of a brochure for public distribution that discusses the significance of the archaeological deposit; an interpretive display of recovered archaeological material sat a local school, museum, or library; and public lectures at local schools and/or historical societies on the findings and significance of the site and recovered archaeological materials. The City shall ensure that any mitigation involving excavation of the deposit is implemented prior to the resumption of actions that could adversely affect the deposit. (CDD, BD) 9.12 If human remains are encountered, work within 25 feet of the discovery shall be directed and the County Coroner and the Community Development Director immediately notified. At the same time, an archaeologist shall be contacted to assess the situation and consult with agencies as appropriate. The project applicant shall also be notified. Project personnel shall not collect or move any human remains and associated materials. If the human remains are of Native American origin, the Coroner shall notify the Native American Heritage Commission within 24 hours of this identification. The Native American Heritage Commission will identify a Most Likely Descendant (MLD) to inspect the site and provide recommendations for the proper treatment of the remains and associated grave goods. Upon completion of the assessment, the archaeologist shall prepare a report documenting the methods and results and provide recommendations for the treatment of the human remains and any associated cultural materials, as appropriate and in coordination with the recommendations of the MLD. The project sponsor shall comply with these recommendations. The report shall be submitted to the project applicant, the Foster City Community Development Department, the MLD, and the Northwest Information Center. (CDD, BD) 9.13 If the presence of hazardous materials is found on site, site remediation may be required by the applicable state or local regulatory agencies. Specific remedies would depend on the extent and magnitude of contamination and requirements of the regulatory agency(ies). Under the direction of the regulatory agency(ies) and the City, a Site Remediation Plan shall be prepared, as required, by the applicant. The Plan shall: 1) specify measures to be taken to protect workers and the public from exposure to the potential hazards and, 2) certify that the proposed remediation would protect the public health in accordance with local, state, and federal requirements, considering the land use proposed. Excavation and earthworking activities associated with the proposed project shall not proceed until the Site Remediation Plan has been reviewed and approved by the regulatory oversight agency and is on file with the City. (E/PW, BD) 9.14 Engineering fill brought on-site shall be demonstrated, by analytical testing, not to pose an unacceptable risk to human health or the environment. Threshold criteria for acceptance of engineered fill shall be selected based on screening levels and protocols developed by regulatory agencies for protection of human health and leaching to groundwater (e.g., Water Board ESLs). The engineered fill shall be characterized by representative sampling in accordance with U.S. EPA’s SW-846 435
Resolution No. P- 11 -22 EA2021-0001 Test Methods, by a qualified environmental professional and demonstrated to meet the threshold criteria above. The results of the sampling and waste characterization shall be submitted by the contractor(s) to the City and SMCEHD prior to construction. (E/PW, BD) 9.15 All excess fill shall be disposed of in accordance with City requirements. (E/PW) 9.16 The construction contractor shall protect all downstream sanitary sewer lines from construction debris while performing sanitary sewer construction. Means to prevent construction debris must be used and shall be inspected by the construction inspector. (E/PW) 9.17 Within sixty (60) days following the completion of the demolition phase of a covered project, and again within sixty (60) days following the completion of the construction phase of a covered project, the contractor shall submit documentation to the Building Inspection Division that demonstrates compliance with Chapter 15.44 of the Foster City Municipal Code. Documentation includes submission of a completed Final Compliance Report with corresponding recycling, salvage, and disposal receipts/tickets from the facilities, to demonstrate where the debris was recycled, salvaged, or disposed. (BD) 10.0 PRIOR TO OCCUPANCY 10.1 Prior to occupancy, the applicant shall arrange a joint field meeting with the Public Works Department to inspect all public facilities (i.e. curb, gutter, sidewalk, roadway, etc.) and any facilities determined to be damaged during construction, shall be marked by the Department and the development/owner shall restore at owners cost. All sidewalk and pavers that have settled or uplifted, shall be marked and repaired at owner’s cost. (E/PW) 10.2 Prior to occupancy, following utility work in the street, all pavement shall be restored. (E/PW) 10.3 Prior to occupancy, a post construction survey of the pavement/roadway along the approved construction haul routes shall be performed by the same firm that performed the pre-construction condition survey. Based on the results of the survey, the City will determine a reimbursement amount from the applicant to cover the costs to restore the roadways affected, to the pre-construction condition. (E/PW) 10.4 Prior to occupancy, any development involving one or more acres of total land area must file a Notice of Termination to the State Water Resources Control Board at the completion of construction and submit a copy to the Public Works Department. (E/PW) 436
Resolution No. P- 11 -22 EA2021-0001 10.5 Prior to occupancy, the City shall be provided with Final AutoCAD (latest version) compatible files (DXF or DWG) and PDF for all computer generated mapping, construction plans and graphic information related to site/civil drawings for this project. (E/PW) 10.6 Prior to occupancy the applicant shall prepare a post-construction CCTV survey report on the new on-site wastewater collection system and existing wastewater collection system and force mains, to be submitted to the Foster City Public Works Department for review. Sewer lines filled with sediment or construction debris, or damaged, shall be cleaned out/repaired at applicant’s cost. (E/PW) 10.7 Prior to occupancy the existing storm drain pipe lines on the project site and downstream to the nearest lagoon inlet shall be cleaned and sediment removed at the completion of the project. Applicant shall submit a map illustrating the route to be televised for approval of the Engineering Division prior to sediment removal. The storm drain pipe lines shall be televised after cleaning to verify that the sediment has been removed and to identify any damages to the storm drain pipe lines during construction. A post construction survey report shall be prepared identifying facilities to be repaired and confirming removal of sediment from storm lines. The applicant shall be responsible for constructing and financing any such repairs. Sediment left in mains shall be subject to re-cleaning at the applicant’s sole cost. (E/PW) 10.8 Prior to occupancy the applicant shall arrange a joint field meeting with representatives of the Water Department to perform a visual survey of the condition of the existing water distribution system (including testing of valves and appurtenances) in the vicinity of the project site. The applicant shall prepare a post-construction survey report to be submitted to the Foster City Public Works Department for review. Report shall document any necessary repairs required to the existing water supply infrastructure. The applicant shall be responsible for constructing and financing any such repairs. (E/PW) 10.9 Prior to final building inspection, the property owner shall submit a Maintenance Agreement for Stormwater Treatment Measures and Hydromodification Management Controls, including a Maintenance Plan pertinent to the type(s) of measures included in the project, pursuant to the San Mateo Countywide Water Pollution Prevention Program (www.flowstobay.org). Following review and approval by City staff, the property owner shall have the Maintenance Agreement recorded prior to building occupancy approval. The Maintenance Agreement shall be made a part of any CC&Rs recorded for the property and shall include the following statements: The property owner shall be responsible for conducting all servicing and maintenance as described and required by the approved Maintenance Plan(s). Maintenance of all site design and treatment control measures shall be the owner’s responsibility. Site access shall be granted to representatives of the City, the San Mateo County Mosquito and Vector Control District, and the Water Board, at any time, 437
Resolution No. P- 11 -22 EA2021-0001 for the sole purpose of performing operation and maintenance inspections of the installed stormwater treatment systems. (E/PW) 10.10 Prior to final occupancy, the C.3 and C.6 Project Closeout Form shall be completed by City staff and placed in the project file. (E/PW) 10.11 Prior to occupancy, the applicant must provide recorded easements for access by Police, Fire and Public Work vehicles responding to emergencies or maintaining, exercising, flushing or testing emergency equipment including fire hydrants, fire department connections, and any public utilities on the site. Plat and legal descriptions must be signed and stamped by a registered civil engineer and submitted to the Engineering Division for review. The applicant must also establish the 30-foot no build and maintenance easement with the VPCA on the VPCA park adjacent to the project site at the corner of Vintage Park Drive and Chess Drive. Easements must be to the satisfaction of the Engineering Division and the Fire Marshal. Upon staff approval, the item is considered by the City Council/Board of Directors. Recordation by the County follows approval by the Council/Board. (E/PW, FIRE, POL) 10.12 Prior to any occupancy, the temporary construction fencing and all construction related equipment and materials shall be removed from the subject building prior to the final inspection and issuance of the Certificate of Occupancy. (CDD) 10.13 Prior to occupancy, all pertinent conditions of approval and all improvements shall be completed to the satisfaction of the City and so reported on the sign-off sheet in the Use Permit file. The project shall be built in substantial compliance with the approved plans on record in the City. (CDD) 10.14 Prior to occupancy, all street addresses for the subject building shall be clearly visible from the adjacent street. Numerals shall be of a size satisfactory to the Fire and Police Departments, typically six (6) inches minimum. Buildings not fronting on a roadway shall be required to have their locations identified along the vehicle roadway nearest the building or at other locations as determined by the Fire and Police Departments with numbers a minimum of six (6) inches. Rear building entrance doors, including garage doors facing a street or drive aisle shall also be clearly marked with building number identification so that they can be found quickly in emergencies. (CDD, FIRE, POL) 10.15 Prior to occupancy, for commercial buildings, the street number numerals shall be no less than 6 inches in height and shall be of a contrasting color to the background surface to which they are attached. Rear building entrance doors shall also be clearly marked with building number identification so that they can be found quickly in emergencies. All building identification numbers shall be provided with a light source or internally illuminated during the hours of darkness. If internally 438
Resolution No. P- 11 -22 EA2021-0001 illuminated signage is proposed, prior approval from the Community Development Department shall be obtained. (CDD, FIRE, POL) 10.16 Prior to final occupancy, additional plant materials may be required by the Community Development Director and shall be planted prior to final occupancy in order to screen utility connections, valves, backflow devices, and all above ground appurtenances, etc. to the satisfaction of the Community Development Director. This determination shall be made in the field after all screen utility connections, valves, backflow devices, and all above ground appurtenances, etc. have been installed and inspected (CDD) 11.0 OPERATIONAL REQUIREMENTS 11.01 All improvements shall be maintained in a professional manner and appearance. (CDD) 11.02 Upon occupancy of the project building(s) constructed as part of this Use Permit, the current and future owners shall be responsible for maintaining all common areas landscaping and landscaping in the adjoining public right-of-way in a healthy and vigorous condition. All landscape plant material and all hardscape and project amenities shall be maintained as originally approved by the City. Modification of plant material other than routine pruning or maintenance shall require approval of the City. The integrity of the original landscape plan shall at all times be kept intact. (CDD) 11.03 At all times the requirements of the City's sign regulations including but not limited to those contained in Chapter 15.12 (Sign Control), and Chapter 8.05 (Regulation of Smoking) of the Foster City Municipal Code shall be followed. Signs announcing temporary sales or events and all other public convenience signs shall receive all required permits. (CDD) 11.04 Truck arrival and unloading operations shall be conducted in accordance with all applicable City Ordinance requirements. If noise associated with truck arrival or unloading operations becomes a problem, all future site lessees, operators and/or owners shall work with the City to develop a plan to minimize noise, including requiring an adjustment of truck arrival and/or unloading times. (CDD) 11.05 The applicant or any future owner shall provide and conduct regular maintenance of the site in order to eliminate and control the accumulation of trash, excess/waste materials and debris, including keeping all containers free of overflowing trash and materials. If the Community Development Director finds that the lack of a designated smoking area is resulting in an excess accumulation of trash, the Community Development Director may require the owner to establish a signed designated smoking area in compliance with Chapter 8.05 (Regulation of Smoking) of the Foster City Municipal Code. (CDD) 439
Resolution No. P- 11 -22 EA2021-0001 11.06 The current and future owners shall be responsible for implementing the Transportation Demand Management (TDM) Program prepared by Kimley Horn dated September 23, 2021 required by the City/County Association of Governments, on file with the Community Development Department and summarized in Exhibit C. The owner or its successor in interest shall file an annual report by January 31 of each year with the Foster City Community Development Department documenting efforts undertaken and results achieved in the previous year pursuant to the TDM program. (CDD) 11.07 The property owners/tenants are prohibited from discharging any commercial fertilizers, pesticides or herbicides into the lagoon or water features. (E/PW) 11.08 The applicant/property owners/tenants shall control accumulations of petroleum wastes and other pollutants in the streets and parking areas by frequent sweeping. (E/PW, CDD) 11.09 Tree canopies shall be maintained to provide a minimum clear area under the canopy of six (6) feet. Groundcover areas shall be maintained to provide a maximum height of two (2) feet. The property owner shall provide and conduct regular maintenance of the landscaping to preserve the required plant heights. (POL, CDD) 11.10 The project shall comply with the provisions of the City’s Smoking Ordinance at all times (Chapter 8.05 Regulation of Smoking) including but not limited to prohibition of smoking in all apartment units, condominiums and townhomes with shared common walls, floors or ceilings, their balconies or patios; in all indoor and outdoor common areas of apartment units, condominiums and townhomes including but not limited to lobbies, hallways, stairwells, elevators, escalators, lawns, gardens, balconies, patios, yards and driveways; identifying specifically designated areas (as long as the designated area is not located within thirty feet of an entrance/doorway) with appropriate sign postings to permit smoking unless the owner, proprietor or manager declares the entire property as nonsmoking; and posting ‘no smoking’ signs per the City’s regulations. (POL, CDD) 11.11 The trash enclosure has been designed to facilitate service the trash service that includes the truck operator moving the bins in and out of the enclosure. No staging of bins outside of the trash enclosure shall be allowed, unless some alternative method is approved by the Community Development Director. (CDD) 11.12 Upon occupancy of the project building(s) constructed as part of this Use Permit, the current and future owners shall be responsible for maintaining the accessibility of all accessible paths, parking areas or any other accessible features. (BD) 11.13 Prior to tenant occupancy, a documented program of inspection, testing, for continuous maintenance (ITM) activities of all fire protection and life safety systems, and risk management requirements for building water systems, shall be 440
Resolution No. P- 11 -22 EA2021-0001 submitted and approved by the Chief Building Official and Fire Marshal. The documented program shall be in accordance with the California Fire Code, Title 15 of the Foster City Municipal Code, NFPA 13, 70B, 72, and ANSI/ASHRAE Standard 188. (BD, FIRE) 441
Resolution No. P- 11 -22 EA2021-0001

EXHIBIT B 388 VINTAGE PARK DRIVE MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Implementation Responsibility/Action Timing Monitoring Responsibility/Action Date Completed/ Signature Mitigation Measure TRA-1: Prior to the issuance of a building permit, the project sponsor shall revise the project plans to show either: (1) signage, markings, hardscape, or other suitable treatments to prohibit both inbound and outbound left turns at the existing Chess Drive driveway; or (2) roadway improvements with side-by-side center left turn lanes on Chess Drive that are separated by a hardscape median. A suggested conceptual configuration is shown in Figure 4.3-5 of the Draft EIR. Project Sponsor: Revise project plans so that the project will not result in both inbound and outbound left turns at the project’s Chess Drive driveway Prior to the issuance of any building permit Foster City Public Works Department/ Building Inspection Division: Review revised project plans for consistency with TRA-1 Mitigation Measure NOI-1: The project contractor shall implement the following measures, where feasible, during construction of the project: Electrical power, rather than diesel equipment, shall be used to run compressors and similar power tools and to power temporary structures, such as construction trailers or caretaker facilities. All noise from workers’ radios shall be controlled to a point that they are not Project Sponsor: Include NOI-1 requirements in the contract and performance standards for the project contractor. Project Contractor: Ensure all measures detailed in NOI-1 are implemented. Prior to execution of project contractor contract. Ongoing throughout construction period. Foster City Community Development Department: Make regular visits to the project site to ensure that measures detailed in NOI-1 are implemented 442
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audible at sensitive receptors near construction activity. Mobile construction equipment shall have smart back-up alarms that automatically adjust the sound level of the alarm in response to ambient noise levels. Mitigation Measure BIO-1: If possible, the project sponsor shall avoid construction activities during the bird nesting season (February 1 through August 31). If construction activities are scheduled during the nesting season, a qualified biologist shall conduct a pre-construction survey of all suitable nesting habitat (i.e., trees, shrubs, structures) within 250 feet of the project site (where accessible). The pre-construction survey shall be conducted no more than 14 days prior to the start of work. If the survey indicates the presence of nesting birds, protective buffer zones shall be established around the nests as follows: for raptor nests, the size of the buffer zone shall be a 250-foot radius centered on the nest; for other birds, the size of the buffer zone shall be a 50- to 100-foot radius centered on the nest. In some cases, these buffers may be increased or decreased depending on the bird species and the level of disturbance that will occur near the nest. Project Sponsor: Avoid construction activities during the bird nesting season or retain a qualified biologist to conduct a pre-construction survey and establish protective buffer zones as needed if construction must occur during nesting season. Prior to project construction/throughout construction period. City of Foster City Community Development Department Ensure pre-construction survey is completed, if necessary, consistent with requirements of BIO-1. Mitigation Measure BIO-2: A qualified biologist shall conduct a pre-construction survey for roosting bats at all suitable bat roosting habitat (i.e., trees, the unoccupied Project Sponsor: Retain a qualified biologist to conduct a pre-construction Prior to project construction. City of Foster City Community Development Department 443
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building) within the project area within 14 days prior to the beginning of project-related activities. If active bat roosts are discovered or if evidence of recent prior occupation is established, a buffer shall be established around the roost site until the roost site is no longer active. Before any construction activities begin in the vicinity of the identified bat roosts on the project site, a qualified biologist shall conduct a training session for all construction personnel. At a minimum, the training shall include a description of the bats and their habitat, the specific measures that are being implemented to conserve the bat roosts for the current project, and the boundaries within which the project may be accomplished. Brochures, books, and briefings may be used in the training session. If an active bat roost is identified and would be impacted by the project, CDFW shall be contacted to determine the best methodology for removing the roost and to determine appropriate mitigation (if needed), which may include the construction of a new bat roost within the project area. survey for roosting bats, establish protective buffer zones as needed, and to conduct a training session for all construction personnel. Ensure pre-construction survey is completed, any necessary protective buffer zones are established, and a training session is conducted for all construction personnel, consistent with requirements of BIO-2. 444
Resolution No. P- 11 -22 EA2021-0001 EXHIBIT C 388 VINTAGE PARK DRIVE TRANSPORTATION DEMAND MANAGEMENT PLAN Prepared by Kimley Horn, September 23, 2021 TDM # TDM Measure Description1 Free/Preferential Parking for CarpoolsThe project has allocated a total of 14 preferred parking spaces, which includes clean air, vanpool, and electric vehicle spaces.2 TDM Coordinator/Contact Person Designated TDM Coordinator would facilitate the TDM program.3 Actively Participate in Commute.org, or Transportation Management Association (TMA) EquivalentHelios Real Estate Partners to coordinate with the building tenant and obtain certification of registration from Commute.org or similar TMA incorporation documents.3a Certified participation in Commute.org, or equivalent program such as TMA Once registered to Commute.org, employees will have access to these resources to assist with determining optimal mode of transportation. 3b Commute assistance and ride-matching3c Shuttle Program/Shuttle Consortium/Fund Transit Service 3d Guaranteed Ride Home 3e Orientation, Education, Promotional Programs and/or Materials 4 Carpool or Vanpool Program The project to provide a carpool or vanpool program for employees and register program with Commute.org for active users to become eligible for fiscal rewards.5 Transit or Ridesharing Passes/Subsidies Distribute transit passes, subsidized transit passes, or carpool/vanpool subsidies that is equivalent to 30 percent of their monthly fare value or $50 monthly.6 Pre-Tax Transportation Benefits Provide employees the option to participate in a pre-tax transit program and use pre-tax income to pay for commute cost.7 Secure Bicycle Storage The project will provide enough bicycle parking spaces to meet the minimum CalGreen requirements.8 Showers, Lockers, and Changing Rooms for Cyclists Provide showers and changing rooms for those walking/bicycling to work. The project is expected to provide 4 showers, lockers, and changing rooms.9 Design Streets to Encourage Bike/Ped AccessProvide bicycle and pedestrian access on-site. 10 Reduced Parking Project proposes to provide 210 parking spaces and is more than 10% less than the 320 required parking spaces based on the City's Municipal Code. 445

PLANNING C
OMMISSION MINUTES JULY 7, 2022

REGULAR MEETING OF THE FOSTER CITY PLANNING COMMISSION

M I N U T E
S
July 7, 2022

1. CALL TO ORDER
At 7:00 p.m. by Vice Chair Adams
Pursuant to Governor Newsom’s Executive Order N-29-20, as amended through Order N-08- 21, the meeting was held as a hybrid meeting with the option to attend by teleconference and/or video conference or in person.

2. ROLL CALL

Present: Commissioners Adams, Bronitsky, Haddad and Jagtiani

Absent: Commissioner Venkat
Staff Present: Marlene Subhashini, Community Development Director; Thai- Chau Le, Planning Manager; Shannon Allen, Consultant
Planner; Denise Bazzano, Assistant City Attorney

8. NEW BUSINESS

1. P

LANNING COMMISSION REORGANIZATION
ACTION: Vice Chair Adams stated that the items will be taken out of order and the first item to be heard is the Planning Commission Reorganization. Vice Chair Adams asked for a motion for item 8.1 to be moved to the top of the agenda, Commissioner Bronitsky motioned the move, Commissioner Jagtiani seconded, and action was approved by roll call vote of 4-0-1(Absent: Venkat) to hear this item first.

Vice Chair Adams called for nominations for Chair. Commissioner Jagtiani nominated Vice Chair Adams for Chair, Commissioner Haddad seconded, and Vice Chair Adams closed the nomination. Action was approved by roll call vote of 4-0-1(Yes: Bronitsky, Adams and Jagtiani, and Haddad, Absent: Venkat).

Chair Adams called for nominations for Vice Chair in which Commissioner Bronitsky nominated Commissioner Jagtiani for the position. Chair Adams seconded and closed the nomination. Action was approved by roll call vote of 4-0-1 (Yes : Bronitsky, Adams and Jagtiani, and Haddad, Absent: Venkat), approved.

3. COMMUNICATIONS FROM THE PUBLIC

Foster City City CouncilSeptember 19, 2022

Foster City City Council
September 19, 2022