Agenda packet — Foster City City Council, May 22, 2023 (part 1 of 2)

CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING https://fostercityorg.zoom.us/j/84579716045 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

To Attend the Meeting in Person:

Location: 620 Foster City Blvd, Foster City, California, 94404 To Provide Public Comment in Person:

Members of the public wishing to speak will be asked to fill out a Request to Speak Form. Forms will be accepted until the staff presentation on an agenda item ends, or until the public comment period on non agenda items is closed. For special meetings, public comment is limited to item(s) on the agenda only.

To Observe the Meeting via Teleconference/Video Conference:

To access the meeting by computer / smartphone, go to: https://fostercityorg.zoom.us/j/84579716045 To dialin via phone:
16694449171 or
16699006833
And enter Webinar ID: 845 7971 6045
To Participate in the Meeting by Providing Public Comment via Teleconference/Video Conference:

During the Meeting: Live verbal public comments may be made by members of the public joining the meeting via Zoom. Zoom access information is provided above. Use the “raise hand” feature (for those joining by phone, press *9 to “raise hand”) during the public comment period for the agenda item you wish to address. The Zoom Host will call on people to speak by name provided or last 4 digits of phone number for dialin attendees. Please clearly state your full name for the record at the start of your public comment.

Before the Meeting: Written public comments for the record may be submitted in advance by 4:00 p.m. the day of the meeting by email to: [email protected] and will be made part of the written record but will not be read verbally at the meeting. Written public comments submitted by email should adhere to the following:

Clearly indicate the Agenda Item No. or specify “Public” in the Subject Line for items not on the agenda Include the submitter’s full name (Recommended but not required) Written public comments received by 4:00 p.m. the day of the meeting will be provided in their entirety to the City Council prior to the meeting and will be made part of the written record but will not be read verbally at the meeting.

Written public comments will be posted to the City’s website for review prior to the meeting.

AGENDA
Monday, May 22, 2023 6:30 PM
SPECIAL MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. ROLL CALL
Councilmembers/ex officio EMID Directors Sam Hindi, Stacy Jimenez, Art Kiesel, Patrick Sullivan, and Mayor/President Jon Froomin

3. PUBLIC
Pursuant to Government Code Section 54954.3(a), members of the public wishing to address the Council may do so, and the comments shall be limited to the Special Meeting notice topic(s). Speakers may join the Zoom meeting via the meeting link and using the “raise hand” feature and the Zoom host will call on people.

4. CITY/EMID CONSENT CALENDAR
All matters listed under Consent Calendar are considered to be routine by the City Council/EMID Board of Directors and will be enacted by one motion unless removed by a member of the Council/Board, staff, or public. There will be no separate discussion on these items unless a citizen or a Council/Board member so requests.

This section includes minutes, ordinances for adoption, resolutions for adoption, and other business as needed. If discussion is required, that item will be removed from the Consent Calendar and will be considered separately after approval of the remaining items on the Consent Calendar. Vote may be by roll call.

4.1. A Resolution of the City Council of the City of Foster City Authorizing the Award of a Construction Contract to FieldTurf USA, Inc. in the Amount of $915,526.90 for the Construction of the Synthetic Turf Resurfacing Project Sea Cloud Park S4 (CIP 301709); And an Appropriation in the Amount of $370,000 to CIP 301709 and Finding Project Exempt Under California Environmental Quality Act Guidelines Sections 15301 and 15061(B)(3) a) Staff Report
b) Adopt Resolution

5. PUBLIC HEARINGS

5.1. A Public Hearing to Hear and Consider Comments Regarding the Housing Element for 20232031, the Final Environmental Impact Report for the Housing and Safety Elements Update, and accompanying General Plan Amendments and Zoning Amendments
a) Staff Report
b) Open Public Hearing
c) Receive Public Testimony
d) Close Public Hearing
e) Action – A Resolution of the City Council of the City of Foster City Certifying the Final Environmental Impact Report (EIR) for the Foster City Housing and Safety Elements Update (SCH# 2022010509), Adopting Environmental Findings Pursuant to the California Environmental Quality Act, Adopting a Statement of Overriding Considerations, and Adopting a Standard Conditions of Approval and Mitigation Monitoring and Reporting Program, including acceptance and approval of the Water Supply Assessment as adopted by the Estero Municipal Improvement District (EA20210004)
f) Action – A Resolution of the City Council of the City of Foster City Adopting a General Plan Amendment to Repeal the 20152023 Housing Element and Adopt the Housing Element of the General Plan for Period of 20232031 Including Policies and Programs to Affirmatively Further Fair Housing, and Related Amendments to the Land Use and Circulation Element in Compliance with State Housing Element Law and Finding the Amendments Within the Scope of the EIR Prepared for the Foster City Housing and Safety Elements Update (GP20200002 and GP20220001)
g) Action – An Ordinance of the City of Foster City Adopting Amendments to the Foster City Zoning Map to Implement the RHNA 6 Housing Element for the 20232031 Planning Period and Finding the Amendments Within the Scope of the EIR Prepared for the Foster City Housing and Safety Elements Update. Including:

Foster’s Landing (700 Bounty Drive, APN: 094980070) to change the zoning designation from R3/PD Medium Density, Multiple Family Residence District/Planned Development to CM/PD, Commercial Mix/Planned Development District (RZ20230001);
Eaves Apartments (700 Marlin Avenue, APN: 094141010) to change the zoning designation from R3 Medium Density, MultipleFamily Residence District to R4/PD High Density, MultipleFamily/Planned Development District (RZ20230001); and
1601 Beach Park Boulevard (APN: 094211550) to change the zoning designation from PF Public Facilities to R2/PD TwoFamily Residence District/Planner Development (RZ20230001).
i) Introduce Ordinance by title only, by motion waive further reading ii) By motion pass ordinance to second reading
h) Action – An Ordinance of the City of Foster City Amending the Foster City Zoning Map to Modify the Previously Approved General Development Plan for the + 100Acre Lands Known as Metro Center in the C2/PD (General Business/Planned Development) District to a C2/PD (General Business/Planned Development) District with an Amended General Development Plan to Allow Commercial – or Mixed
Commercial/Residential Use up to 222 dwelling units at 1010 Metro Center Boulevard in the Town Center Neighborhood (TC) and Finding the Amendments within the Scope of the EIR Prepared for the Foster City Housing and Safety Elements Update. (RZ20230002).
i) Introduce Ordinance by title only, by motion waive further reading ii) By motion pass ordinance to second reading
i) Action – An Ordinance of the City of Foster City Adopting Various Text Amendments to Title 17, Zoning, of the Foster City Municipal Code Including Amendments to Chapter 17.14, R2 TwoFamily Residence District and Chapter 17.82 Emergency Shelters, LowBarrier Navigation Centers, and Supportive Housing for consistency with State law and Finding the Amendments within the Scope of the EIR Prepared for the Foster City Housing and Safety Elements Update (RZ20230003).
i) Introduce Ordinance by title only, by motion waive further reading ii) By motion pass ordinance to second reading

6. CLOSED SESSION

6.1. Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: (one potential case)

6.2. Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to Section 54956.9(d)(2)(e)(3) (three potential cases) (See Attached)

6.3. Report Out from Closed Session

7. ADJOURNMENT
The public is invited to attend.

Any attendee wishing special accommodations at the meeting should contact the City Clerk’s Department at (650) 2863250 or [email protected] at least 48 hours in advance of the meeting. The City has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility.

That procedure for receiving and resolving requests for accommodation is available at the City Clerk’s Office. All meetings are conducted in a manner consistent with applicable civil rights and nondiscrimination laws.

Any writings or documents provided to a majority of the City Council or EMID Board regarding any item on this agenda after the agenda packet was distributed will be made available for public inspection in the City Clerk Department at City Hall located at 610 Foster City Boulevard during normal business hours and at the meeting.

City Council meetings on FCTV on Comcast Channel 27 and AT&T Channel 99:

LIVE every 1st and 3rd Monday of the month
REPLAY next day at 1:00 pm (that week only)
REPLAY Saturday at 5:00 pm (only on Saturday the week the actual meeting occurs) City Council meetings on https://www.fostercity.org/community/page/fctvlivestream:

STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings ondemand:
https://www.fostercity.org/agendasandminutes

1 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING https://fostercityorg.zoom.us/j/84579716045 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

To Attend the Meeting in Person:

Location: 620 Foster City Blvd, Foster City, California, 94404 To Provide Public Comment in Person:

To Observe the Meeting via Teleconference/Video Conference:

Written public comments will be posted to the City’s website for review prior to the meeting.

AGENDA
Monday, May 22, 2023 6:30 PM
SPECIAL MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. ROLL CALL
Councilmembers/ex officio EMID Directors Sam Hindi, Stacy Jimenez, Art Kiesel, Patrick Sullivan, and Mayor/President Jon Froomin

5. PUBLIC HEARINGS

6. CLOSED SESSION

6.1. Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: (one potential case)

6.2. Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to Section 54956.9(d)(2)(e)(3) (three potential cases) (See Attached)

6.3. Report Out from Closed Session

7. ADJOURNMENT
The public is invited to attend.

City Council meetings on FCTV on Comcast Channel 27 and AT&T Channel 99:

STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings ondemand:
https://www.fostercity.org/agendasandminutes

2 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING https://fostercityorg.zoom.us/j/84579716045 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

To Attend the Meeting in Person:

Location: 620 Foster City Blvd, Foster City, California, 94404 To Provide Public Comment in Person:

To Observe the Meeting via Teleconference/Video Conference:

Written public comments will be posted to the City’s website for review prior to the meeting.

AGENDA
Monday, May 22, 2023 6:30 PM
SPECIAL MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. ROLL CALL
Councilmembers/ex officio EMID Directors Sam Hindi, Stacy Jimenez, Art Kiesel, Patrick Sullivan, and Mayor/President Jon Froomin

5. PUBLIC HEARINGS

6. CLOSED SESSION

6.1. Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: (one potential case)

6.2. Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to Section 54956.9(d)(2)(e)(3) (three potential cases) (See Attached)

6.3. Report Out from Closed Session

7. ADJOURNMENT
The public is invited to attend.

City Council meetings on FCTV on Comcast Channel 27 and AT&T Channel 99:

STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings ondemand:
https://www.fostercity.org/agendasandminutes

3 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING https://fostercityorg.zoom.us/j/84579716045 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

To Attend the Meeting in Person:

Location: 620 Foster City Blvd, Foster City, California, 94404 To Provide Public Comment in Person:

To Observe the Meeting via Teleconference/Video Conference:

Written public comments will be posted to the City’s website for review prior to the meeting.

AGENDA
Monday, May 22, 2023 6:30 PM
SPECIAL MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. ROLL CALL
Councilmembers/ex officio EMID Directors Sam Hindi, Stacy Jimenez, Art Kiesel, Patrick Sullivan, and Mayor/President Jon Froomin

5. PUBLIC HEARINGS

6. CLOSED SESSION

6.1. Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: (one potential case)

6.2. Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to Section 54956.9(d)(2)(e)(3) (three potential cases) (See Attached)

6.3. Report Out from Closed Session

7. ADJOURNMENT
The public is invited to attend.

City Council meetings on FCTV on Comcast Channel 27 and AT&T Channel 99:

STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings ondemand:
https://www.fostercity.org/agendasandminutes

4 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING https://fostercityorg.zoom.us/j/84579716045 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

To Attend the Meeting in Person:

Location: 620 Foster City Blvd, Foster City, California, 94404 To Provide Public Comment in Person:

To Observe the Meeting via Teleconference/Video Conference:

Written public comments will be posted to the City’s website for review prior to the meeting.

AGENDA
Monday, May 22, 2023 6:30 PM
SPECIAL MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. ROLL CALL
Councilmembers/ex officio EMID Directors Sam Hindi, Stacy Jimenez, Art Kiesel, Patrick Sullivan, and Mayor/President Jon Froomin

5. PUBLIC HEARINGS

6. CLOSED SESSION

6.1. Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: (one potential case)

6.2. Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to Section 54956.9(d)(2)(e)(3) (three potential cases) (See Attached)

6.3. Report Out from Closed Session

7. ADJOURNMENT
The public is invited to attend.

City Council meetings on FCTV on Comcast Channel 27 and AT&T Channel 99:

STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings ondemand:
https://www.fostercity.org/agendasandminutes

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DATE: May 22, 2023

TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
Marlene Subhashini, Assistant City Manager

FROM: Derek Schweigart, Parks and Recreation Director
Justin Lai, Senior Civil Engineer
DEPARTMENT: Parks and Recreation
SUBJECT: AWARD OF CONSTRUCTION CONTRACT TO FIELDTURF USA, INC. FOR THE CONSTRUCTION OF THE SYNTHETIC TURF
RESURFACING PROJECT SEA CLOUD PARK S4 (CIP 301-709);
AND AN APPROPRIATION IN THE AMOUNT OF $370,000 TO
CIP 301-709

RECOMMENDATION
It is recommended that the City Council adopt the attached resolution authorizing:

1. The Mayor to execute an agreement with FieldTurf USA, Inc. in the amount of $915,526.90 for the construction of the Synthetic Turf Resurfacing Project Sea Cloud Park S4 (CIP 301-709); and

2. The establishment of a contingency in the amount of $185,000 with authorization given to the City Manager or his designee, to execute contract change orders up to the contingency amount; and

3. An appropriation in the amount of $370,000 from Fund 301 to the existing project budget 301-0910-709-4251 to fund construction; and

4. Finding the project exempt under California Environmental Quality Act Guidelines Sections 15301 and 15061(b)(3).

EXECUTIVE SUMMARY

4.1 4.1 Staff Report

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CIP 301-709 consists of removing and replacing approximately 100,000 square feet of existing synthetic turf. The new turf will have updated striping to optimize the field usage.

Three (3) bids for the construction of the Synthetic Turf Resurfacing Project Sea Cloud Park S4 (CIP 301-709) were received and opened on Wednesday May 3, 2023. FieldTurf USA, Inc. submitted the apparent low responsive and responsible base bid plus Additional Alternative 1 (Add Alt 1) and Additional Alternative 2 (Add Alt 2), in the amount of $915,526.90. Add Alt 1 includes resurfacing the adjacent bullpen to the S4 field for $11,758.50 and Add Alt 2 includes a non-rubber in-fill alternative for an additional $99,230.00.

Total funding in the amount of $800,000 is available in the approved project budget (approximately $600,000 in from General Fund and $200,000 in grant funding).

Additional funding is required to complete the project and requires an appropriation of $370,000. Staff is recommending the construction of the project with additional alternatives due to the price and the City’s desire to replace the existing infill product with a non-rubber organic replacement.

Construction is anticipated to start in July 2023 and is estimated to take seven weeks to complete. City staff and Verde Designs, Inc. will provide construction support and inspection services as part of their agreement approved by the City Council on November 21, 2022.

BACKGROUND
The S4 synthetic turf soccer field was installed in FY2012-2013 and requires replacement every ten years to maintain the integrity of the highly used field. The project consists of removing and replacing approximately 100,000 square feet of existing synthetic turf. For this project, the subsurface is still in good condition and will likely only require minor repairs. The existing striping will be modified to optimize field usage and the City’s needs.

In August 2021, the City entered into an agreement with the State of California Department of Parks and Recreation to receive $198,545 in reimbursable Proposition 68 Per Capita Grant funds if the project is completed before June 30, 2024.

In November 2022, the City entered into an agreement with Verde Design Inc. to prepare construction documents for the field replacement.

On April 3, 2023, the City Council adopted Resolution No. 2023-31 approving the plans and specifications for CIP 301-709 and authorizing the call for bids. It was noted before the call for bids that the engineer’s estimate was over the existing budget, and it was likely going to require additional funding. Out of three (3) bids received and opened, the apparent low base bid plus Add Alt 1 and Add Alt 2 was $915,526.90 submitted by FieldTurf USA, Inc., and was found to be responsive and responsible.

4.1 4.1 Staff Report

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The scope of work for the base bid consists of replacing the turf field with new turf and refurbishing and reusing and/or replacing the existing rubber infill. Minor repairs will be done to the base and modifications to the striping layout will be performed to optimize the field’s usage. Included in the bid were two add alternatives: (1) The first being the replacement of turf on the adjacent bullpen area (1,675 SF) and (2) the second being the full replacement of the existing rubber infill with an organic (non-rubber) infill.

After awarding the construction contract and before the start of construction, the contractor shall provide all their necessary paperwork and meet with the City for a preconstruction meeting. The contractor will have 45 calendar days to complete the project from July 10, 2023.

ANALYSIS
The bid results are as follows:

Company Name Total Base Bid
plus Add Alt 1 & 2
Base Bid plus Add Alt 1 & 2
Difference from Engineer’s
Estimate
$ $ %
FieldTurf USA, Inc. $ 915,526.90 ($100,693.10) (9.9%)
Engineer’s Estimate $1,016,220.00 - -
Shaw Sports Turf California
Inc.
$ 1,214,989.40 $198,769.40 19.6%
American Sports Construction
Inc.
$1,297,796.60 $281,576.60 27.7%
The lowest bidder FieldTurf USA, Inc. has met all the bid requirements and their contractor license is current and active according to the Contractors State License Board (CSLB).

The scope of work in Add Alt 1 includes resurfacing approximately 1,700 sf of the adjacent bullpen area next to the S4 field. Based on the bid price of $11,758,50 for resurfacing such a small area of field, it is recommended this work be combined as part of the project.

The scope of work in Add Alt 2 includes replacing all the existing rubber infill with new organic non-rubber infill. Due to the growing public concerns about the use of rubber infills, staff is recommending trying a new organic non-rubber infill material. Add Alt 2 adds $99,230.00 to the project total bid. The City currently has two artificial turf sports fields (S1 and S2) at Sea Cloud Park with an organic non-rubber infill material.

4.1 4.1 Staff Report

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Construction is anticipated to start on July 10, 2023, and be completed before Labor Day. These dates were selected to be the least disruptive to athletic programs that regularly use the field, while meeting the grant deadline. Project management, inspections, construction support, and field coordination will be done by City staff and the design consultant Verde Design, Inc.

California Environmental Quality Act
Categorically Exempt pursuant to CEQA Guidelines Section 15061(b)(3) and 15301(c) – Existing Facilities

FISCAL IMPACT
Funding of $800,000 is currently available for design and construction in the approved CIP 301-709 budget. The City has an agreement with the State of California Department of Parks and Recreation to receive $198,545 in Proposition 68 Per Capita Grant funds for this project. Because this is a reimbursement grant, the full cost of the project is budgeted with CIP-City funds. After the work is completed, grant funds will be reimbursed to the City if the project is completed before June 30, 2024.

The construction bids came in as anticipated and near the engineer’s estimate.

A contingency of $185,000 or approximately 20% of the total bid is requested to pay for any unforeseen conditions during construction. A larger contingency is being requested due to the unknown nature of the disposal costs for the existing rubber material being removed. The material will likely be tested following the removal and may require additional costs for disposal depending on the test results.

Funding to accommodate the design cost, miscellaneous administrative costs, construction, and contingency will require an appropriation of $370,000.00 from Fund 301 to the project budget 301-0910-709-4251. This was noted in the previous resolution 2023-31. The appropriation will bring the total funding for CIP 301-709 to $1,170,000.

Current Approved and Available Budget $ 800,000.00
Anticipated Expenditures
Verde Design Inc. for Design Services (previously
approved by City Council)
$ 56,800.00
Verde Design Inc. Contingency $ 8,000.00
Bid submitted by FieldTurf USA, Inc. w/Add Alts $ 915,526.90 Contingency (20%) $ 185,000.00
Miscellaneous (Advertising, Cal West, Printing, etc.) $ 4,000.00 Total Anticipated Expenditures $ 1,169,326.90

4.1 4.1 Staff Report

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Anticipated Budget Required $ 369,326.90

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Facilities and Infrastructure
ATTACHMENTS:

Attachment 1 – Resolution
Attachment 2 – Agreement
Attachment 3 – FieldTurf USA, Inc Bid Submittal

4.1 4.1 Staff Report

10 4866-2792-2532 v1
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2 RESOLUTION NO. ___________

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

AUTHORIZING THE AWARD OF A CONSTRUCTION CONTRACT TO FIELDTURF USA, INC. IN THE AMOUNT OF $915,526.90 FOR THE CONSTRUCTION OF THE SYNTHETIC TURF RESURFACING PROJECT SEA CLOUD PARK S4 (CIP 301-709); AND AN APPROPRIATION IN THE AMOUNT OF $370,000 TO CIP301-709 AND

FINDING PROJECT EXEMPT UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES SECTIONS 15301 AND 15061(b)(3)

CITY OF FOSTER CITY
WHEREAS, at the meeting on April 3, 2023, the City Council adopted Resolution No. 2023-31 approving the plans and specifications, and authorizing the Call for Bids for the Synthetic Turf Resurfacing Project Sea Cloud Park S4 (CIP301-709); and WHEREAS, out of Three (3) bids received and opened on May 3, 2023, FieldTurf USA, Inc. submitted the lowest responsible and responsive base bid plus Add Alternatives 1 and 2 in the amount of $915,526.90; and
WHEREAS, a project contingency in the amount of $185,000 will enable expedient resolution of changes to the plans resulting from any unforeseen conditions; and WHEREAS, the City has an agreement with the State of California Department of Parks and Recreation to receive $198,545 in Proposition 68 Per Capita Grant funds for this project; and
WHEREAS, total combined funding in the amount of $800,000 was approved for the project budget for CIP 301-709; and
WHEREAS, total project expenditures are anticipated to be approximately $1,170,000; and
WHEREAS, any unused funds remaining in the project budget shall be returned to the originating fund upon project closeout.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby find the Project exempt pursuant to CEQA Guidelines Section 15061(b)(3) and 15301(Class 1- Existing Facilities).

BE IT FURTHER RESOLVED that the Council hereby authorizes:

1. The Mayor to execute an agreement with FieldTurf USA, Inc. in the amount of $915,526.90 for the construction of the Synthetic Turf Resurfacing Project Sea Cloud Park S4 (CIP 301-709); and

4.1 Attachment 1 - Resolution

11 4866-2792-2532 v1
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2 2. The establishment of a contingency in the amount of $185,000 with authorization given to the City Manager or his designee, to execute contract change orders up to the contingency amount; and

3. An appropriation in the amount of $370,000 from the fund 301 to the existing project budget 301-0910-709-4251 to fund construction.

BE IT FURTHER RESOLVED minor, non-substantive revisions may be approved by the City Manager and the City Attorney, and any other documents may be executed as necessary to effectuate the terms of the Agreement as authorized above.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the special meeting held on the 22nd day of May 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

JON FROOMIN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

4.1 Attachment 1 - Resolution

12 Appendix A to Construction Services Agreement 05205 - 1 SYNTHETIC TURF RESURFACING PROJECT SEA CLOUD PARK S4
Updated 1/18/2022
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3 DOCUMENT 00 5205

CITY OF FOSTER CITY
610 Foster City Boulevard, Foster City, CA 94404

CONSTRUCTION SERVICES AGREEMENT
SYNTHETIC TURF RESURFACING PROJECT SEA CLOUD PARK S4
Agreement No. [____]
DATE: May 22,2023

1. IDENTIFICATION OF CONTRACTOR:

CONTRACTOR: FieldTurf USA, Inc.

LICENSE NO: 849044

2. SCOPE OF THE WORK
See Scope of Work attached as Appendix A. [To include drawings, etc.]

3. COMPENSATION FOR WORK. Contractor’s total compensation for the Work performed under this Agreement (Contract Sum) is $915,526.90, to be paid as (check one): (1)  lump sum; (2)  lump sum with progress payments; (3)  per attached schedule of rates and charges, up to a guaranteed not-to-exceed amount of $______. All payments (check one):  shall  shall not be subject to a five percent (5%) retention.

Contractor’s hourly rates are listed in Exhibit A, Scope of Work and Cost Proposal. In the event payments to Contractor equal the “not to exceed” amount, and absent a written modification to this Agreement signed by the Owner, Contractor shall complete all services required under this Agreement without further compensation or cost reimbursement.

4. SCHEDULE OF PERFORMANCE FOR THE WORK. Contractor shall commence and complete the Work by the following dates:

Commencement Date shall be on the date established in the Notice to Proceed. Owner reserves the right to modify or alter the Commencement Date of the Work.

Substantial Completion Date: Within forty-five (45) calendar days of Commencement Date.

Final Completion Date: Within four (4) calendar days of Substantial Completion.

4.01 Liquidated Damage Amounts.

A. As liquidated damages for delay Contractor shall pay Owner Five Hundred dollars ($500.00) for each Day that expires after the time specified herein for Contractor to achieve Substantial Completion of the entire Work, until achieved.

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7 8
3 B. As liquidated damages for delay Contractor shall pay Owner Five Hundred dollars ($500.00) for each Day that expires after the time specified herein for Contractor to achieve Final Completion of the entire Work, until achieved.

4.02Scope of Liquidated Damages
A. Contractor and Owner agree that because of the nature of the Project, it would be impractical or extremely difficult to fix the amount of such actual damages incurred by Owner because of a delay in completion of all or any part of the Work. Contractor and Owner agree that specified measures of liquidated damages shall be presumed to be the amount of such damages actually sustained by Owner, and that because of the nature of the Project, it would be impracticable or extremely difficult to fix the actual damages.

B. Liquidated damages for delay shall cover administrative, overhead, interest on bonds, and general loss of public use damages suffered by Owner as a result of delay. Liquidated damages shall not cover the cost of completion of the Work, damages resulting from Defective Work, lost revenues or costs of substitute facilities, or damages suffered by others who then seek to recover their damages from Owner (for example, delay claims of other contractors, subcontractors, tenants, or other third- parties), and defense costs thereof. Owner may deduct from any money due or to become due to Contractor subsequent to time for completion of entire Work and extensions of time allowed pursuant to provisions hereof, a sum representing then-accrued liquidated damages.

5. TERMS AND CONDITIONS.

5.01Contractor shall perform the Work in accordance with the terms and conditions of this Agreement and the following attachments (together, Contract Documents):

A. Appendix A – Scope of Work
B. Appendix B – General Conditions
C. Appendix C – Insurance
D. Appendix D – Construction Performance Bond
E. Appendix E – Construction Labor and Materials Payment Bond F. Appendix F – Supplemental Conditions
G. Appendix G – Technical Requirements

5.02The Contract Documents are the sole and exclusive provisions that govern the Work described herein. Any provision contained in any purchase order issued in connection with this Agreement or the Work described herein shall be null and void and shall have no force or effect.

5.03Agreement number must appear on all invoices and correspondence. Send invoices in duplicate immediately upon performance of Work ordered hereon to:

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14 Appendix A to Construction Services Agreement 05205 - 3 SYNTHETIC TURF RESURFACING PROJECT SEA CLOUD PARK S4
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3 City of Foster City
610 Foster City Blvd, Foster City, CA 94404
CONTRACTOR: FieldTurf USA, Inc. OWNER: City of Foster City ________________________________________ _______________________________________ Signature Signature
________________________________________ _______________________________________ Print Name & Title Jon Froomin, Mayor
________________________________________ _______________________________________ Date Date
ATTEST:
_______________________________________
Priscilla Schaus, City Clerk

APPROVED AS TO FORM
_______________________________________
Benjamin Stock, City Attorney

END OF DOCUMENT

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15 Appendix A to Construction Services Agreement 05205 - 0 SYNTHETIC TURF RESURFACING PROJECT SEA CLOUD PARK S4
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Appendix A to Construction Services Agreement

SCOPE OF WORK
Removal of the existing synthetic turf playing surface and installation of a new synthetic turf playing surface as called out in the contract documents. Work shall also include minor base fine tuning as called out in the documents.

4.1 Attachment 2 - Agreement

16 Appendix B to Construction Services Agreement 05205 - 0 SYNTHETIC TURF RESURFACING PROJECT SEA CLOUD PARK S4
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Appendix B to Construction Services Agreement

GENERAL CONDITIONS
ARTICLE 1 TERMS OF PERFORMANCE

1.01 Construction Services Agreement (Agreement) Force and Effect. The provisions of the Agreement and other Contract Documents constitute the entire agreement between the Contractor and Owner regarding the Work described herein. No representation, term or covenant not expressly specified in the Contract Documents shall, whether oral or written, be a part of this agreement. The Agreement and other Contract Documents shall govern the Work described herein (whenever performed), and shall supersede all other purchase orders and agreements between Contractor and Owner, and any proposal, with respect to the Work described herein.

1.02 No Modification or Waiver. The Contract Documents may not be modified, nor may compliance with any of its terms be waived, except by written instrument executed and approved by fully authorized representatives of Owner and Contractor. Contract Documents headings are for convenience only and do not affect the construction of the Contract Documents.

1.03 Performance of Work/No Assignment. Time is of the essence in the performance of the Work.

Contractor will perform the Work in a skillful and workmanlike manner; comply fully with criteria established by Owner, and with applicable laws, codes, and all applicable industry standards.

Contractor shall maintain its work area in a clean and sanitary condition, clear debris and trash at the end of each work day, and shall not damage or disrupt any property unless specifically part of the scope of the Agreement. Contractor shall not contract any portion of the Work or otherwise assign the Agreement without prior written approval of Owner and any assignment without Owner’s prior written approval shall be null and void. (Contractor shall remain responsible for compliance with all terms of the Contract Documents, regardless of the terms of any such assignment.) The Contractor shall permit Owner (or its designees) access to the work area, Contractor’s shop, or any other facility, to permit inspection of the Work at all times during construction and/or manufacture and fabrication. The granting of any progress payment, and any inspections, reviews, approvals or oral statements by any Owner representative, or certification by any governmental entity, shall in no way limit Contractor’s obligations under the Contract Documents. Either party’s waiver of any breach, or the omission or failure of either party, at any time, to enforce any right reserved to it, or to require strict performance of any provision of the Contract Documents, shall not be a waiver of any other right to which any party is entitled, and shall not in any way affect, limit, modify or waive that party’s right thereafter to enforce or compel strict compliance with every provision hereof.

Owner shall have, at all times, set-off rights with respect to any payment and Contractor’s failure to perform the terms of the Contract Documents.

ARTICLE 2 LEGAL AND MISCELLANEOUS

2.01 Records and Payment Requests. Contractor shall submit all billings with all necessary invoices or other appropriate evidence of proper performance, after which Owner shall make payment within thirty (30) days. Upon Owner’s written request, Contractor shall make available to Owner, its authorized agents, officers, or employees, any and all ledgers, books of accounts, invoices, vouchers, cancelled checks, and other records or documents evidencing or relating to the Work or the expenditures and disbursement charged to Owner, and all correspondence, internal memoranda, calculations, books and accounts, records documenting its Work under the Agreement, and invoices, payrolls, timecards, records and all other data related to matters covered by the Agreement. Contractor shall furnish to Owner, its authorized agents, officers, or employees, such other evidence or information as Owner may require with regard to the Work or any such expenditure or disbursement charged by Contractor. Contractor shall maintain all such documents and records prepared by or furnished to Contractor during the course of performing the Work for at least five years following completion of the Work, except that all such items pertaining to hazardous materials shall be maintained for at least thirty (30) years. Contractor shall permit Owner to audit, examine and make copies, excerpts and transcripts from such records. The State of California or

4.1 Attachment 2 - Agreement

17 Appendix B to Construction Services Agreement 05205 - 1 SYNTHETIC TURF RESURFACING PROJECT SEA CLOUD PARK S4
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any federal agency having an interest in the subject of the Agreement shall have the same rights conferred to Owner by this section. Such rights shall be specifically enforceable.

2.02 Independent Contractor. Contractor is an independent Contractor and does not act as Owner’s agent in any capacity, whatsoever. Contractor is not entitled to any benefits that Owner provides to Owner employees including, without limitation, insurance, worker’s compensation benefits or payments, pension benefits, health benefits or insurance benefits. Terms within the Contract Documents regarding directives apply to and concern the result of the Contractor’s provision of Work not the means, methods, or scheduling of the Contractor’s Work. Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures with respect to its provision of Work under the Contract Documents. Contractor shall pay all payroll taxes imposed by any governmental entity and will pay all other federal, state, or local taxes not specifically identified in the Contract Documents as Owner’s responsibility.

2.03 Indemnity/Liability. Contractor shall defend, indemnify, and save harmless, to the fullest extent permitted by law, the Owner and each of its council members, officers, directors, representatives, agents and employees, and volunteers (Owner Indemnities),against all claims, suits, actions, loss, cost, damage, expense, and liability arising from or related to bodily injury to or death of any person or damage to any property, or resulting from any breach and/or Contractor’s negligence in performing the Work pursuant to the Contract Documents. Notwithstanding any provision of the Contract Documents, Owner shall not be liable to Contractor or anyone claiming under it, in contract or tort, for any special, consequential, indirect or incidental damages arising out of or in connection with the Contract Documents or the Work. Owner’s rights and remedies, whether under the Agreement or other applicable law, shall be cumulative and not subject to limitation. Contractor’s obligations to defend, indemnify, and save harmless the Owner Indemnities are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained within this Agreement. Contractor’s responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law.

2.04 Defective Work; Warranties. Contractor warrants that all construction services shall be performed in accordance with generally accepted professional standards of good and sound construction practices, all Contract Documents requirements, and all laws, codes, standards, licenses, and permits. Contractor warrants that all materials and equipment shall be new, of suitable grade of their respective kinds for their intended uses, and free from defects. Contractor hereby grants to Owner for a period of one year following the date of completion its unconditional warranty of the quality and adequacy of all of the Work including, without limitation, all labor, materials and equipment provided by Contractor and its Subcontractors of all tiers. If either prior to completion of the Work, or within one year after completion, any Work (completed or incomplete) is found to violate any of the foregoing warranties (Defective Work), Contractor shall promptly, without cost to Owner and in accordance with Owner’s written instructions, correct, remove and replace the Defective Work with conforming Work, and correct, remove and replace any damage to other Work or other property resulting therefrom. If Contractor fails to do so, Contractor shall pay all of the Owner’s resulting claims, costs, losses and damages. Where Contractor fails to correct Defective Work, or defects are discovered outside the correction period, Owner shall have all rights and remedies granted by law.

2.05 Compliance with Laws; Conflict of Interests. Contractor agrees to comply with all applicable federal and state laws, regulations and policies, as amended, including those regarding discrimination, unfair labor practices, anti-kick-back, collusion, and the provisions of the Americans with Disability Act. Contractor, its officer, partners, associates, agents, and employees, shall not make, participate in making, or in any way attempt to use the position afforded them by the Contract Documents to influence any governmental decision in which he or she knows or has reason to know that he or she has a financial interest under applicable state, federal and local conflict of interest regulations. Contractor warrants that no person or agency has been employed or retained to solicit or obtain the Agreement upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. Contractor shall not engage in unlawful employment discrimination including, but not limited to, discrimination based upon a person’s race, religion,

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color, national origin, ancestry, physical handicap, medical condition, marital status, gender, citizenship, sexual orientation, or sexual identity as prohibited by state or federal law.

2.06 Termination; Suspension; Disputes. Owner may direct Contractor to terminate, suspend, delay, interrupt or accelerate Work, in whole or in part, for such periods of time as Owner may determine in its sole discretion. Owner will issue such directives in writing, and may do so, in whole or in part, for its convenience or due to Contractor’s fault. Owner will compensate Contractor for extra costs resulting from such directives only to the extent that Owner issues such directives for its convenience and not due to Contractor’s fault (but Owner shall not compensate Contractor for costs, profit or overhead anticipated to be earned or incurred on Work terminated for Owner’s convenience.) Contractor shall continue its Work throughout the course of any dispute, and Contractor’s failure to continue Work during a dispute shall be a material breach of the Contract Documents. All claims by Contractor against Owner shall be submitted in writing to Owner, and shall be governed by Public Contract Code Sections 9204 and 20104 – 20104.6, after which time the one year time period in Government Code Section 911.2 shall be, pursuant to Government Code Section 930.2, reduced to 90 days. Should Contractor be terminated for default, and such termination is subsequently determined to be wrongful, such termination will be converted to a termination for convenience as provided herein.

2.07 Execution; Venue; Limitations. The Agreement shall be deemed to have been executed in San Mateo County, California. Enforcement of the Contract Documents shall be governed by the laws of the State of California, excluding its conflict of laws rules. Except as expressly provided in the Contract Documents, nothing in the Contract Documents shall operate to confer rights or benefits on persons or entities not party to the Agreement. As between the parties to the Agreement, any applicable statute of limitations for any act or failure to act shall commence to run on the date of Owner’s issuance of the final Certificate for Payment, or termination of the Contract Documents, whichever is earlier, except for latent defects, for which the statute of limitation shall begin running upon discovery of the defect and its cause.

2.08 Employee Wages; Records; Apprentices. Contractor shall pay prevailing wages to its employees on any contract in excess of $1,000.00 (one thousand dollars). Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are on file at the City’s Public Works Department and may be obtained from the California Department of Industrial Relations website
[http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm]. Contractor shall comply with the 8- hours per day/40 hours per week/overtime/working hours restrictions for all employees, pursuant to the California Labor Code. Contractor and all subcontractors shall keep and maintain accurate employee payroll records for Work performed under the Agreement. The payroll records shall be certified and submitted as required by law, including Labor Code Sections 1771.4 (if applicable) and 1776, including to the Labor Commissioner no less frequently than monthly. Contractor shall comply fully with Labor Code Section 1777.5 in the hiring of apprentices for work relating to the Agreement. If the Agreement exceeds $2,000 and is funded with federal funds, then Contractor shall pay federal Davis Bacon wages and comply with applicable federal requirements.

2.09 Mandatory Contractor and Subcontractor Registration. Pursuant to Labor Code Section 1771(a), Contractor represents that it and all of its Subcontractors are currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Contractor covenants that any additional or substitute Subcontractors will be similarly registered and qualified.

2.10 Worker’s Compensation. Pursuant to Labor Code Sections 1860 and 1861, in accordance with the provisions of Section 3700 of the Labor Code, every contractor will be required to secure the payment of compensation to his employees. Contractor represents that it is aware of the provisions of Labor Code Section 3700 that require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and Contractor shall comply with such provisions before commencing the performance of the Work.

2.11 Construction Performance Bond; Construction Labor and Materials Payment Bond; Securities in Lieu of Retention Escrow Account.

4.1 Attachment 2 - Agreement

19 Appendix B to Construction Services Agreement 05205 - 3 SYNTHETIC TURF RESURFACING PROJECT SEA CLOUD PARK S4
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A. If Contract Sum under the Agreement exceeds (or is expected to exceed) $25,000, Contractor shall provide a construction performance bond in form attached hereto as Appendix D – Construction Performance Bond, and a construction labor and material payment bond, in accordance with Civil Code Section 9550 and in form attached hereto Appendix E – Construction Labor and Materials Payment Bond. Contractor may not substitute cash in lieu of the required bond(s).

B. If the Agreement specifies performance retention, Contractor may elect to substitute securities or direct payment to an escrow account, pursuant to Public Contract Code Section 22300 (incorporated herein by this reference).

2.12 Earthwork and Underground Facilities. If the Work involves digging trenches or other excavations that extend deeper than four feet below the surface, Contractor shall notify Owner in writing of any material that Contractor believes may be hazardous waste that is required to be removed in accordance law, subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to bidders prior to the deadline for submitting bids, or unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents, pursuant to Section 7104 of the Public Contract Code. For any Work involving trench shoring that costs in excess of $25,000, Contractor shall submit and Owner (or a registered civil or structural engineer employed by Owner) must accept, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches, pursuant to Labor Code Section 6705. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. Consistent with Government Code Section 4215, as between Owner and Contractor, Owner will be responsible for the timely removal, relocation, or protection of existing main or trunk line utility facilities located on the Site only if such utilities are not identified in the Contract Documents or information made available for bidding.

2.13 Protection Of Work, Persons, And Property
A. Contractor shall be responsible for initiating, maintaining and supervising all safety and site security precautions and programs in connection with Work, and shall develop and implement a site security and safety plan throughout construction. Contractor shall comply with all safety requirements specified in any safety program established by Owner, or required by state, federal or local laws and ordinances. Contractor shall be responsible for all theft or damage to Work, property or structures, and all injuries to persons, either on the Site or constituting the Work (e.g., materials in transit), arising from the performance of Work of the Contract Documents from a cause.

B. Contractor shall comply with all applicable laws and regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify Owners of adjacent property and of Underground Facilities and utility Owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property.

C. Contractor shall remedy all damage, injury or loss to any property referred to above in this Article, caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, supplier, or any other person or organization directly or indirectly employed by any of them to perform or furnish any Work or anyone for whose acts any of them may be liable. Contractor’s duties and responsibility for safety and for protection of Work shall continue until such time as all the Work is completed and Final Acceptance of the Work. Owner and its agents do not assume any responsibility for collecting any indemnity from any person or persons causing damage to Contractor’s Work.

D. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs.

4.1 Attachment 2 - Agreement

20 Appendix B to Construction Services Agreement 05205 - 4 SYNTHETIC TURF RESURFACING PROJECT SEA CLOUD PARK S4
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E. Owner may, at its option, retain such moneys due under the Contract Documents as Owner deems necessary until any and all suits or claims against Contractor for injury to persons or property shall be settled and Owner receives satisfactory evidence to that effect.

F. Work within the right-of-way lines of the city and/or Owner and/or State shall be done in accordance with the standards and specifications of the controlling agency. Permit for such work shall be obtained and paid for by the Contractor before executing the work within such right-of-ways.

2.14 Public Records Act. Contractor is aware that this Agreement and any documents provided to the Owner may be subject to the California Public Records Act and may be disclosed to members of the public upon request. It is the responsibility of the Contractor to clearly identify information in those documents it considers to be confidential under the California Public Records Act. To the extent that Owner agrees with that designation, such information will be held in confidence whenever possible. All other information will be considered public.

2.15 Claims.

A. Should any clarification, determination, action or inaction by Owner, Work, or any other event, in the opinion of Contractor, exceed the requirements of or not comply with Contract Documents, or otherwise result in Contractor seeking additional compensation in time or money or damages for any reason (collectively "Disputed Work"), then Contractor and Owner will make good faith attempts to resolve informally any and all such issues, claims and/or disputes. Before commencing the Disputed Work, or within seven Days after Contractor's first knowledge of the Disputed Work, whichever is earlier, Contractor shall file a written notice and cost proposal for the Disputed Work with City stating clearly and in detail its objection and reasons for contending the Work or interpretation is outside the requirements of Project Documents. If a written notice and cost proposal for Disputed Work is not issued within this time period, or if Contractor proceeds with the Disputed Work without first having given the notice required by this paragraph, Contractor shall waive its rights to further claim on the specific issue.

B. Owner will review Contractor's timely notice and cost proposal for Disputed Work and provide a decision. If, after receiving the decision, Contractor disagrees with it or still considers the Work required of it to be outside of the requirements of Project Documents, it shall so notify Owner, in writing, within seven Days after receiving the decision, by submitting a notice of potential claim, stating that a formal claim will be issued. Within 30 Days of receiving the decision, Contractor shall submit its claim in the form specified herein and all arguments, justification, cost or estimates, schedule analysis, and detailed documentation supporting its position. Contractor's failure to furnish notification within seven Days and all justifying documentation within 30 Days will result in Contractor waiving its right to the subject claim.

C. Claim Format

1.A. Contractor shall submit the claim justification in the following format:
(a) Cover letter and certification;
(b) Summary of claim, including underlying facts, entitlement, schedule analysis, quantum calculations, Project provisions supporting relief; (c) List of documents relating to claim including Specifications, Drawings/Plans clarifications/requests for information, schedules, notices of delay, cost calculations and any others;
(d) Chronology of events and correspondence:
(e) Analysis of claim merit;
(f) Analysis of claim cost; and
(g) Attach supporting documents referenced in paragraph 2.16,C.1(c), above.

D. Required Provisions on Contract Claim Resolution

1.Public Contract Code Section 9204 specifies provisions on resolving contract claims of any size, and Public Contract Code Section 201014, et seq., specifies required provisions on resolving contract claims less than $375,000. Those statutes constitute a part of this

4.1 Attachment 2 - Agreement

21 Appendix B to Construction Services Agreement 05205 - 5 SYNTHETIC TURF RESURFACING PROJECT SEA CLOUD PARK S4
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Contract. In the event any other Contract provision violates such statutes, the applicable statute controls.

2.16 Force Majeure. Except for defaults of subconsultants at any tier, Contractor shall not be liable for any excess costs if the failure to perform the Contract Documents arises from causes beyond the control and without the fault or negligence of Contractor, including without limitation failure to reasonably mitigate any adverse impacts (Force Majeure). Force Majeure events include the following:

Acts of God, fires, floods, earthquake, other natural disasters, epidemics and pandemics (other than COVID-19 or variants), abnormal weather conditions beyond the parameters otherwise set forth in this Article, nuclear accidents, strikes, lockouts, freight embargos, interruptions in service by a regulated utility, or governmental statutes or regulations enacted or imposed after the fact (together, “force majeure events”), provided damages or delays resulting therefrom are not the result of Contractor’s fault or negligence, including without limitation failure to protect the Work or mitigate any adverse impacts as required by Contract Documents (Force Majeure).

END OF APPENDIX B

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22 Appendix C to Construction Services Agreement 05205 - 0 SYNTHETIC TURF RESURFACING PROJECT SEA CLOUD PARK S4
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Appendix C to Construction Services Agreement

INSURANCE

1.Commercial General Liability Insurance, written on an “occurrence” basis, which shall provide coverage for bodily injury, death and property damage resulting from operations, liability for slander, false arrest and invasion of privacy, blanket contractual liability, broad form endorsement, and completed operations, personal and advertising liability, with limits of not less than [$4,000,000] general aggregate and [$2,000,000] each occurrence, subject to a deductible of not more than [$1,000] payable by Contractor.

2.Business Automobile Liability Insurance with limits not less than [$2,000,000] each occurrence including coverage for owned, non-owned and hired vehicles, subject to a deductible of not more than [$1,000] payable by Contractor.

3.Workers’ Compensation Employers’ Liability limits not less than [$1,000,000] each accident, [$1,000,000] per disease and [$1,000,000] aggregate. Contractor’s Workers’ Compensation Insurance policy shall contain a Waiver of Subrogation in favor of the City of Foster City, its officers, directors, officials, agents, employees and volunteers. In the event Contractor is self-insured, it shall furnish Certificate of Permission to Self-Insure signed by Department of Industrial Relations Administration of Self-Insurance, State of California.

4.Builder’s Risk Insurance including, without limitation, coverage against loss or damage to the Work by fire, lightening, wind, hail, aircraft, riot, vehicle damage, explosion, smoke, falling objects, vandalism, malicious mischief, collapse, and other such hazards as are normally covered by such coverage. Such insurance shall be in amount equal to the replacement cost (without deduction for depreciation and subject to stipulated value in lieu of average clause) of all construction constituting any part of the Work, excluding the cost of excavations, of grading and filling of the land, and except that such insurance may be subject to deductible clauses not to exceed [$10,000] for any one loss. Such insurance will not cover loss or damage to Contractor’s equipment, scaffolding or other materials not to be consumed in the construction of the Work. The insurer shall waive all rights of subrogation against Owner.

5.Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Owner Indemnities as Additional Insureds.

The requirements for coverage and limits shall be the greater of either the minimum coverage and limits specified in this Agreement or the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured.

6.Insurance policies in Appendix C shall contain an endorsement containing the following terms (excluding Workers Compensation insurance with respect to paragraph 6.01 below):

6.01Owner Indemnities shall be named as Additional Insureds, but only with respect to liability arising out of the activities of the named insured, and there shall be a waiver of subrogation as to each named and Additional Insured. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Owner has received a waiver of subrogation endorsement from the insurer.

6.02The policies shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the company’s liability.

6.03Written notice of cancellation, non-renewal or of any material change in the policies shall be mailed to Owner thirty (30) days in advance of the effective date thereof.

6.04Contractor insurance shall be primary insurance and no other insurance or self-insured retention carried or held by any named or additional insureds other than Contractor shall be called upon to contribute to a loss covered by insurance for the named Additional Insureds.

7.Certificates of Insurance and Endorsements shall have clearly typed thereon the Project Name, shall clearly describe the coverage and shall contain a provision requiring the mailing of written notices of cancellation described in clause 6.03 above. Contractor shall furnish the Owner with original certificates

4.1 Attachment 2 - Agreement

23 Appendix C to Construction Services Agreement 05205 - 1 SYNTHETIC TURF RESURFACING PROJECT SEA CLOUD PARK S4
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and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the Owner before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The Owner reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

8.All policies of insurance shall be placed with insurers acceptable to Owner. The insurance underwriter(s) must be duly licensed to do business in the State of California and (other than for workers’ compensation) must have an A. M. Best Company rating of [A-, VII] or better. Required minimum amounts of insurance may be increased should conditions of Work, in the opinion of Owner, warrant such increase. Contractor shall increase required insurance amounts upon direction by Owner.

9.The insurance coverage limits may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of Owner and Additional Insureds, to the extent required by this Agreement, before the Owner’s insurance or self- insurance may be called upon to protect Owner as a named insured.

10.All self-insured retentions (SIR) must be disclosed to Owner for approval and shall not reduce the limits of liability coverage. Policies containing and SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named Contractor/named insured or Owner.

11.Contractor agrees to include with all subcontractors in their subcontracts the same requirements and provisions of this Agreement that is required of Contractor including, without limitation, the indemnity and insurance requirements to the extent they apply to the scope of the subcontractor’s work.

Subcontractors hired by Contractor shall agree to be bound to Contractor and Owner in the same manner and to the same extent as Contractor is bound to Owner under this Contract and its accompanying documents. Subcontractors shall further agree to include these same provisions with any lower tier subcontractors. A copy of the indemnity and insurance provisions of this Agreement will be furnished to the Subcontractor upon request. Contractor shall require all subcontractors to provide a valid Certificate of Insurance and the required endorsements included in the subcontract agreement, and will provide proof of compliance to the Owner prior to commencement of any work by the subcontractor.

12.Contractor shall maintain insurance as required by this Agreement to the fullest amount allowed by law and shall maintain insurance for a minimum of five (5) years following completion of this project or service. In the event Contractor fails to obtain or maintain completed operations coverage as required by this Agreement, Owner at its sole discretion may purchase the coverage required and the cost will be paid by Contractor.

13.Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

END OF APPENDIX C

4.1 Attachment 2 - Agreement

24 Appendix D to Construction Services Agreement 05205 - 0 SYNTHETIC TURF RESURFACING PROJECT SEA CLOUD PARK S4
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Appendix D to Construction Services Agreement

CONSTRUCTION PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

1.THAT WHEREAS, City of Foster City, a general law City and municipal corporation of the State of California (Owner) has awarded to FieldTurf USA, Inc. as Principal a Construction Services Agreement dated the 22nd day of May, 2023 (Agreement), titled THE SYNTHETIC TURF RESURFACING PROJECT SEA CLOUD PARK S4 in the amount of $915,526.90, which Agreement is by this reference made a part hereof, for the work described as follows:

Removal of the existing synthetic turf playing surface and installation of a new synthetic turf playing surface as called out in the contract documents. Work shall also include minor base fine tuning as called out in the documents.

2.AND WHEREAS, Principal is required to furnish a bond in connection with the Agreement, guaranteeing the faithful performance thereof;

3.NOW, THEREFORE, we, the undersigned Principal and Federal Insurance Company as Surety are held and firmly bound unto Owner in the sum of 100% OF THE CONTRACT SUM to be paid to Owner or its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

4.THE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal, or its heirs, executors, administrators, successors, or assigns approved by Owner, shall promptly and faithfully perform the covenants, conditions, and agreements of the Agreement during the original term and any extensions thereof as may be granted by Owner, with or without notice to Surety, and during the period of any guarantees or warranties required under the Agreement, and shall also promptly and faithfully perform all the covenants, conditions, and agreements of any alteration of the Agreement made as therein provided, notice of which alterations to Surety being hereby waived, on Principal’s part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify, defend, protect, and hold harmless Owner as stipulated in the Agreement, then this obligation shall become and be null and void; otherwise it shall be and remain in full force and effect.

5.No extension of time, change, alteration, modification, or addition to the Agreement, or of the work required thereunder, shall release or exonerate Surety on this bond or in any way affect the obligation of this bond; and Surety does hereby waive notice of any such extension of time, change, alteration, modification, or addition.

6.Whenever Principal shall be and declared by Owner in default under the Agreement, Surety shall promptly remedy the default, or shall promptly:

6.01Undertake through its agents or independent contractors, reasonably acceptable to Owner, to complete the Agreement in accordance with its terms and conditions and to pay and perform all obligations of Principal under the Agreement including, without limitation, all obligations with respect to warranties, guarantees, indemnities, and the payment of liquidated damages; or

6.02Obtain a bid or bids for completing the Agreement in accordance with its terms and conditions, and, upon determination by Owner of the lowest responsible bidder, reasonably acceptable to Owner, arrange for a contract between such bidder and Owner and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Sum, and to pay and perform all obligations of Principal under the Agreement including, without limitation, all obligations with respect to warranties, guarantees, and the payment of liquidated damages; but, in any event, Surety’s total obligations hereunder shall not exceed the amount set forth in the third paragraph hereof.

The term “balance of the Contract Sum,” as used in this paragraph, shall mean the total amount

4.1 Attachment 2 - Agreement

25 Appendix D to Construction Services Agreement 05205 - 1 SYNTHETIC TURF RESURFACING PROJECT SEA CLOUD PARK S4
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payable by Owner to the Principal under the Agreement and any amendments thereto, less the amount Owner paid to Principal.

7.Surety’s obligations hereunder are independent of the obligations of any other surety for the performance of the Agreement, and suit may be brought against Surety and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing Owner’s rights against the others. Surety may not use Contractor to complete the Agreement absent Owner’s written consent.

8.No right of action shall accrue on this bond to or for the use of any person or corporation other than Owner or its successors or assigns.

9.Surety may join in any proceedings brought under the Agreement and shall be bound by any judgment.

10.Correspondence or claims relating to this bond shall be sent to Surety at the address set forth below.

IN WITNESS WHEREOF, we have hereunto set our hands this 22nd day of May, 2023.

CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)
Signature Signature
Name Name
Title Title
Email Address Email Address
Street Address Street Address
City, State, Zip Code City, State, Zip Code

END OF APPENDIX D

4.1 Attachment 2 - Agreement

26 Appendix E to Construction Services Agreement 05205 - 0 SYNTHETIC TURF RESURFACING PROJECT SEA CLOUD PARK S4
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Appendix E to Construction Services Agreement

CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS:

1.THAT WHEREAS, the City of Foster City, a general law City and municipal corporation of the State of California (Owner) has awarded to FieldTurf USA, Inc. as Principal a Construction Services Agreement, dated the 22 nd day of May, 2023 (Agreement), titled THE SYNTHETIC TURF RESURFACING PROJECT SEA CLOUD PARK S4 located at Sea Cloud Park in the amount of $915,526.90, which Agreement is by this reference made a part hereof, for the work described as follows:

2.AND WHEREAS, Principal is required to furnish a bond in connection with the Agreement to secure the payment of claims of laborers, mechanics, material suppliers, and other persons as provided by law;

3.NOW, THEREFORE, we, the undersigned Principal and Federal Insurance Company as Surety, are held and firmly bound unto Owner in the sum of 100% OF THE CONTRACT SUM ($915,526.90), for which payment well and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

4.THE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal, or its heirs, executors, administrators, successors, or assigns approved by Owner, or its subcontractors shall fail to pay any of the persons named in California Civil Code Section 9100, or amounts due under the State of California Unemployment Insurance Code with respect to work or labor performed under the Agreement, or for any amounts required to be deducted, withheld, and paid over to the State of California Employment Development Department from the wages of employees of Principal and subcontractors pursuant to California Unemployment Insurance Code Section 13020 with respect to such work and labor, that Surety will pay for the same in an amount not exceeding the sum specified in this bond, plus reasonable attorneys’ fees, otherwise the above obligation shall become and be null and void.

5.This bond shall inure to the benefit of any of the persons named in California Civil Code Section 9100, as to give a right of action to such persons or their assigns in any suit brought upon this bond. The intent of this bond is to comply with the California Mechanic’s Lien Law.

6.Surety, for value received, hereby expressly agrees that no extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Agreement, or to the work to be performed thereunder, shall in any way affect the obligation of this bond; and it does hereby waive notice of any such extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Agreement, or to the work to be performed thereunder.

7.Surety’s obligations hereunder are independent of the obligations of any other surety for the payment of claims of laborers, mechanics, material suppliers, and other persons in connection with the Agreement; and suit may be brought against Surety and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing Owner’s rights against the other.

8.Correspondence or claims relating to this bond shall be sent to Surety at the address set forth below.

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27 Appendix E to Construction Services Agreement 05205 - 1 SYNTHETIC TURF RESURFACING PROJECT SEA CLOUD PARK S4
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IN WITNESS WHEREOF, we have hereunto set our hands this 22nd day of May, 2023.

END OF DOCUMENT

4.1 Attachment 2 - Agreement

28 Appendix F to Construction Services Agreement 05205 - 0 SYNTHETIC TURF RESURFACING PROJECT SEA CLOUD PARK S4
Updated 1/18/2022
Appendix F to Construction Services Agreement

SUPPLEMENTAL CONDITIONS
PART 1 - GENERAL

1.1 DEFINITIONS
Wherever in the specifications and other contract documents the following terms or pronouns in place of them are used, the intent and meaning shall be interpreted as follows:

A. City/District: The City of Foster City/Estero Municipal Improvement District.

B. Council: The City Council of the City of Foster City.

C. Board of Directors: The Board of Directors of the Estero Municipal Improvement District.

D. Proposer: Any individual, partnership, joint venture, or corporation submitting a proposal for the work contemplated, acting directly or through a duly authorized representative.

E. Contractor: The individual, partnership, joint venture, or corporation with whom the contract is made by the City/District.

F. Engineer: The City/District Engineer acting directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them. See Paragraph 1.08 regarding the authority of the Engineer.

G. Manager: The City Manager or District Manager of the City of Foster City/Estero Municipal Improvement District.

H. Days: Unless otherwise designated, days as used in the specifications will be understood to mean calendar days.

1.2 TRANSFER OF INTEREST
No interest in the contract shall be transferred to any other party without permission of the City.

1.3 WORKING HOURS
A. Work or activity of any kind shall be limited to the hours from 8:00AM to 4:00PM, Monday through Friday, except as otherwise stipulated in the contract documents. Work hours shall be limited to 9:00AM to 3:00PM on all Boulevards.

B. Work in excess of eight hours per day, on Saturdays, on Sundays, or on City holidays requires prior consent of the Engineer and is subject to Cost of Overtime Construction Inspection.

C. City holidays are:

New Year’s Day
Martin Luther King's Birthday
Presidents’ Day (3rd Monday in February)
Memorial Day (last Monday in May)
Independence Day
Labor Day
Veteran's Day

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29 Appendix F to Construction Services Agreement 05205 - 1 SYNTHETIC TURF RESURFACING PROJECT SEA CLOUD PARK S4
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Thanksgiving Day and following Friday
Christmas Eve
Christmas Day
New Year's Eve

1.3.1 START OF CONSTRUCTION
A. Construction shall begin on July 10, 2023, and work shall be completed within 45 calendar days

1.4 SUBCONTRACTORS
A. When requested, the Contractor shall furnish the name and address of each subcontractor contracting directly with the Contractor, together with a statement showing the character and location of the work, time limit, if any, and if requested, the amount of money involved in each subcontract. Each subcontract shall contain a reference to the contract between the City and the principal Contractor, and the terms of the contract and all parts thereof shall be made part of each subcontract insofar as applicable to the work covered thereby.

Each subcontract shall provide for its annulment at the order of the Engineer, if, in the Engineer's opinion, the subcontractor fails to comply with the requirements of the principal contractor insofar as the same may be applicable to the Contractor's work.

B. Nothing contained in this Specification shall be construed as creating any contractual relationship between any subcontractor and the City. The sections of this Specification are not intended to control the Contractor in dividing the work among subcontractors or to limit the work performed by any trade.

C. The Contractor shall be considered the employer of and as fully responsible to the City for the acts and omissions of subcontractors and of persons employed by them as the Contractor is for the acts and omissions of persons directly employed by the Contractor.

D. The Contractor shall be responsible for the coordination of the trades, subcontractors, and material personnel engaged upon the Contractor's work. It shall be the Contractor's duty to see that all of the subcontractors commence their work at the proper time and carry it on with due diligence so that they do not delay or injure either the work or materials; and that all damage caused by them or their workers is made good by them or by the Contractor at the Contractor's expense.

E. The City will not undertake to settle differences between the Contractor and their subcontractors or between subcontractors.

F. The Contractor shall utilize the services of specialty subcontractors, without additional expense to the City, on those parts of the work which are specified to be performed by specialty contractors.

1.5 CHANGES
A. General:

The City reserves the right to make such alterations, deviations, additions to or deletions from the drawings and specifications, including the right to increase or decrease the quantity of any item or portion of work or to omit any item or portion of the work, and to require such changes in the work as are determined by the Engineer to be necessary or advisable for proper completion or construction of the whole work contemplated.

Work will be issued to the Contractor as a Work Order on an as-needed basis during the two year contract period. Each Work Order will identify the location and type of work to be

4.1 Attachment 2 - Agreement

30 Appendix F to Construction Services Agreement 05205 - 2 SYNTHETIC TURF RESURFACING PROJECT SEA CLOUD PARK S4
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performed, the effective date for commencement of work, specific work item quantities and the Work Order amount based on the unit prices listed in the Contractor’s Proposal Schedule. The Contractor shall complete any given work order within thirty (30) calendar days of commencement of work.

B. Increases or Decreases in Unit Price Quantities:

1. Increased or Decreased Quantities:

Increases or decreases in the quantity of a contract item of work will be determined by comparing the quantity of work as listed in the proposal schedule with the actual quantity of work performed by the Contractor, as measured by the Engineer. The City shall have the right to make changes in the plans and/or specifications and the Contractor shall perform the work as changed.

No adjustment to the unit price for any item in the Proposal Schedule shall be made in the event the number of repair locations are increased or decreased from the scheduled maintenance program. All work performed shall be measured and paid based on the contract unit price included in the proposal schedule.

2. Eliminated Items:
a. The City of Foster City reserves the right to eliminate any of the scheduled work. The unit price shall not be subject to change based on the deletion of work.

Should any contract item of the work be eliminated in its entirety, unless otherwise provided for in the contract, payment will be made to the Contractor for actual costs incurred in connection with such eliminated contract item if incurred prior to the date of notification in writing by the Engineer of such elimination.
a. If acceptable material is ordered by the Contractor for the eliminated item prior to the date of notification of such elimination by the Engineer, and if orders for such material cannot be canceled, it will be paid for at the actual cost to the Contractor. In such case, the material paid for shall become the property of the City and the actual cost of any further handling will be paid for. If the material is returnable to the vendor and if the Engineer so directs, the material shall be returned and the Contractor will be paid for the actual cost of charges made by the vendor for returning the material.

The actual cost of handling returned material will be paid for. Written documentation of costs of cancellation or return must be submitted. b. The actual costs or charges to be paid by the City to the Contractor as provided in this section will be computed based on the unit prices listed in the Proposal Schedule.

C. Protest Procedure (Change Orders):

1. Should the Contractor disagree with any terms or conditions set forth in an approved change order which the Contractor has not executed, the Contractor shall submit a written protest to the Engineer within 15 calendar days after the receipt of such approved contract change order. The protest shall state the points of disagreement, contract references, quantities, and costs involved. The Engineer shall consider and investigate such protest within a reasonable time. If a written protest is not submitted, adjustment of the contract time and payment will

4.1 Attachment 2 - Agreement

31 Appendix F to Construction Services Agreement 05205 - 3 SYNTHETIC TURF RESURFACING PROJECT SEA CLOUD PARK S4
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be made as set forth in the approved contract change order and shall constitute full compensation for all work included therein or required thereby. An unprotested change order will be considered as an executed contract change order.

2. When the protest concerning an approved change order relates to compensation, the Contractor shall keep full and complete records of the costs of such work and shall permit the Engineer to have such access thereto as may be necessary to assist in the determination of the compensation payable for such work.

3. When the protest concerning an approved work order relates to the adjustment of contract time for the completion of the work, the time to be allowed will be determined as provided in Paragraph 1.15 of this section.

D. Extra Work:

Extra work will not be paid for unless ordered in writing by the Engineer. When authorized, extra work will be paid for in accordance with the Proposal Schedule or by a negotiated adjustment.

E. REPORTING, INVOICING, AND PAYMENT

1. All work shall be reported monthly upon Total Work Order Sheets furnished by the Engineer to the Contractor and signed by both parties, which monthly reports shall thereafter be considered the true record of work done.

2. Contractor shall submit a record of work completed with each payment request.

Record of work shall include detailed invoices. Those not so detailed will not be processed for payment until details are furnished.

3. Completed work shall be paid for on a monthly basis by Contract Change Order.

1.6 COST OF OVERTIME CONSTRUCTION INSPECTION
Overtime construction work performed at the option of, or for the convenience of, the Contractor will be inspected by the City at the expense of the Contractor. For any such overtime beyond the regular 8-hour day and for any time worked on Saturday, Sunday, or holidays, the charges for City personnel will be as shown in the currently adopted rate schedule, available at the Public Works office. There will be no charges for the inspection of overtime work ordered by the Engineer.

1.7 CHANGES AT THE CONTRACTOR'S REQUEST
If the Contractor, on account of conditions developing during the progress of the work, finds it impracticable to comply strictly with this Specification and applies in writing for a modification of the requirements or of methods of work, such change may be authorized by the Engineer, if not detrimental to the work and if without additional cost to the City. The Contractor's written request for deviation shall be submitted prior to the start of affected work with enough time allowed to give the Engineer a reasonable review period. Only written authorization from the Engineer will permit deviations from the specifications.

1.8 AUTHORITY OF THE ENGINEER
A. On all questions concerning the acceptability of material or machinery, the classification of material, the execution of the work, and conflicting interests of contractors performing related work, the decision of the Engineer shall be final and binding upon both parties, except in the case of gross error.

4.1 Attachment 2 - Agreement

32 Appendix F to Construction Services Agreement 05205 - 4 SYNTHETIC TURF RESURFACING PROJECT SEA CLOUD PARK S4
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B. The Engineer will make periodic observations of materials and completed work to observe tvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvheir compliance with plans, specifications, and design and planning concepts, but the Contractor shall be responsible for the superintendence of construction processes, coordination of subcontractors or materials, site conditions, operations, equipment, personnel, or the maintenance of a safe place to work or any safety in, on, or about the site of the work.

C. Authority and Duties of Engineer's Field Representatives:

1. Field representatives of the Engineer may be stationed on the project site to report to the Engineer as to the progress of the work, the manner in which it is being performed, and to report whenever it appears that material furnished and work performed by the Contractor fail to fulfill the requirements of the contract documents. The representative may direct the attention of the Contractor to such failure or infringement but such construction review shall not relieve the Contractor from any obligation to furnish acceptable materials or to provide completed construction in a safe and satisfactory manner in every particular.

2. In case any dispute arises between the Engineer's field representative and the Contractor as to materials furnished or the satisfactory performance of the work, the representative shall have the authority to reject materials or recommend suspension of the work by the Engineer until the question and issue can be referred to and decided by the Engineer. Such authority, however, shall not give rise to any duty on the part of Engineer's field representative to exercise this right for the benefit of Contractor or any other party. Field representatives are not authorized to revoke, alter, enlarge, relax or release any requirements of the contract documents nor to issue instructions contrary to the contract documents.

Field representatives shall in no case act as foremen, superintendents, or perform other duties for the Contractor or interfere with the management of the work by the Contractor.

1.9 INSPECTION BY CITY, QUALITY ASSURANCE BY CONTRACTOR, TESTING A. All materials furnished and work done under this contract will be subject to inspection. The Contractor shall furnish, without extra charge, the necessary test pieces and samples, including facilities and labor for obtaining them, as requested by the Engineer. Work or material that does not conform to the specifications may be rejected at any stage of the work notwithstanding previous inspections by the Engineer.

B. Quality control of the work to ensure compliance with the contract documents is the responsibility of the Contractor. Testing and inspection of the work, or the lack thereof, by the City does not relieve the Contractor of the responsibility to provide a quality assurance program to ensure compliance with the contract documents.

C. The Engineer may perform or have the Contractor perform tests of material and equipment to demonstrate compliance with the contract documents. If such tests were not required to be performed by the Contractor by the contract documents, the cost of testing will be paid for by the City when tests show that materials or equipment comply with the contract documents, and shall be paid for by the Contractor when tests show that materials or equipment fail to comply with the contract documents.

1.10 DATA TO BE FURNISHED BY THE CONTRACTOR
The Contractor shall furnish the Engineer reasonable facilities for obtaining such information as the Engineer may desire respecting the character of the materials and the progress and manner

4.1 Attachment 2 - Agreement

33 Appendix F to Construction Services Agreement 05205 - 5 SYNTHETIC TURF RESURFACING PROJECT SEA CLOUD PARK S4
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of work, including information necessary to determine its costs, such as the number of personnel employed, their pay, the time during which they worked on the various classes of construction, and other pertinent data.

1.11 SUPERINTENDENCE
A. The Contractor shall designate in writing before starting work one authorized representative who shall have the authority to represent and act for the Contractor.

B. Said authorized representative shall be present at the site of the work at all times while work is actually in progress on the contract. When work is not in progress and during periods when work is suspended, arrangements acceptable to the Engineer shall be made for any emergency work which may be required. The superintendent or foreman in charge shall be deemed to be the authorized representative of the Contractor and accepts such orders on behalf of the Contractor.

1.12 SPECIFICATIONS AND DRAWINGS
The Contractor shall keep on the work a copy of all specifications, drawings, and change orders pertaining to the work and shall at all times give the Engineer access thereto. Anything mentioned in the specifications and not shown on the drawings or shown on the drawings and not mentioned in the specifications shall be of like effect as though shown or mentioned in both.

1.13 LINES, GRADES, AND MEASUREMENTS
All lines and grades shall be established by the Contractor. The cost of surveying to establish lines and grades shall be included in the various items of work and no separate payments will be made.

1.14 RIGHT OF WAY
A. The site for the installation of equipment or the right of way for the works to be constructed under this contract will be provided by the City.

B. The City will provide the appropriate rights of way and property for pipelines and structures.

The Contractor will be held responsible for any damage to structures, streets, and roads, and for any damage that may result from the Contractor's use of City property.

C. In case areas in addition to those available on the City’s right of way or property are required by the Contractor for the Contractor's operations, the Contractor shall make arrangements with the property owners for the use of such additional areas at the Contractor's own expense.

1.15 DELAYS AND EXTENSION OF TIME
A. If any delay having a direct effect on the work is caused by factors within the Contractor's control, it is non-excusable and the Contractor will not be entitled to compensation for damages resulting directly or indirectly therefrom, or for any extension of time.

B. If any delay having a direct effect on the work is caused by unusually severe weather conditions, including periods exceeding the "Normal Rainfall Days", or by strikes, or act of God, such delay may be excusable and may entitle the Contractor to an equivalent extension of time, provided that the Contractor has taken reasonable precautions to foresee and prevent delays due to such causes and provided that the Contractor has notified the Engineer in writing of the causes of the delay within 7 calendar days from the beginning of any such delay. In such event the Contractor shall be entitled to time only.

4.1 Attachment 2 - Agreement

34 Appendix F to Construction Services Agreement 05205 - 6 SYNTHETIC TURF RESURFACING PROJECT SEA CLOUD PARK S4
Updated 1/18/2022
Additional costs incurred because of the delay will be paid for by the Contractor at no additional cost to the City.

1. No extension of time will be granted for normal rainfall. However, during the specified contract time, a day-for-day extension of time will be given for each day the rainfall is in excess of 0.1 inch of rain when the total number of rainy days (0.1 inch or greater) exceed the normal based on monthly precipitation records for the previous 10-year period from the weather recording station at the San Francisco International Airport.

Normal number of rain days for which rainfall has exceeded 0.1 inches for the 10-year period from 2006 to 2015 is as follows:

Jan Feb Mar Apr May Jun July Aug Sept. Oct. Nov. Dec.
5 7 6 4 1 1 0 0 0 2 4 8
C. If any delay having a direct effect on the work is caused by the specific orders of the Engineer to stop work, or by the performance of extra work ordered by the Engineer, or by failure of the City to provide material, or necessary instructions for carrying on the work, or to provide the necessary right of way or site for installation, or failure of a utility to remove or relocate an existing facility, such delay may be compensable and may entitle the Contractor to an equivalent extension of time, and may entitle the Contractor to damages resulting directly from any of the causes of delay hereinabove specified or from delays or hindrances to the work, provided that the Contractor has taken reasonable precautions to prevent delays due to such causes and provided that the Contractor has notified the Engineer in writing of the causes of the delay within 10 calendar days from the beginning of any such delay.

D. When a Contractor experiences two concurrent delays, one compensable and the other non-compensable, no compensation other than time extensions will be allowed.

E. An extension of time must be approved by the Engineer to be effective, but an extension of time whether with or without consent of the sureties, shall not release the sureties from their obligations, which shall remain in full force until the discharge of the contract.

1.16 CLIMATIC CONDITIONS
The Engineer may order the Contractor to suspend any work that may be subject to damage by climatic conditions. In such event the Contractor shall be entitled to time only. Additional costs incurred because of the delay will be paid for by the Contractor at no additional cost to the City.

When delay is caused by an order to suspend work given on account of climatic conditions that could have been reasonably foreseen, the Contractor will not be entitled to any extension of time on account of such order.

1.17 ROADS AND FENCES
Roads subject to interference from the work covered by this contract shall be kept open, and the fences subject to interference shall be kept up by the Contractor until the work is finished.

1.18 INFRINGEMENT OF PATENTS
The Contractor shall hold and save the City, its officers, agents, servants, and employees harmless from and against all and every demand or demands, of any nature or kind, for or on account of the use of any patented invention, process, equipment, article, or appliance employed in the execution of the work or included in the material or supplies agreed to be furnished under the contract, and should the Contractor, the Contractor's agents, servants, or employees, or any of them, be enjoined from furnishing or using any inventions, processes, equipment, articles, materials, supplies, or

4.1 Attachment 2 - Agreement

35 Appendix F to Construction Services Agreement 05205 - 7 SYNTHETIC TURF RESURFACING PROJECT SEA CLOUD PARK S4
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appliances supplied or required to be supplied or used under this contract, the Contractor shall promptly substitute other inventions, processes, equipment, articles, materials, supplies, or appliances in lieu thereof, of equal efficiency, quality, finish, suitability, and market value, and satisfactory in all respects to the Engineer. Or in the event that the Engineer elects, in lieu of such substitution, to have supplied, and to retain and use, any such inventions, processes, equipment, articles, materials, supplies, or appliances, as may by this contract be required to be supplied and used, the Contractor shall at the Contractor's expense pay such royalties and secure such valid licenses as may be requisite and necessary to enable the City, its officers, agents, servants, and employees, or any of them, to use such inventions, processes, equipment, articles, materials, supplies, or appliances without being disturbed or in any way interfered with by any proceeding in law or equity on account thereof. Should the Contractor neglect or refuse promptly to make the substitution hereinbefore required, or to pay such royalties and secure such licenses as may be necessary and requisite for the purpose aforesaid, then in that event the Engineer shall have the right to make such substitution, or the City may pay such royalties and secure such licenses and charge the cost thereof against any money due the Contractor from the City, or recover any amount thereof from the Contractor and the Contractor's surety, notwithstanding final payment under this contract may have been made.

1.19 PROTECTION OF PERSONS AND PROPERTY
A. Contractor's Responsibility:

Notwithstanding any other provision of these specifications, the Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons and property, during performance of the work. This requirement will apply continuously and will not be limited to normal working hours. Safety and sanitary provisions shall conform to applicable Federal, State, County, and local laws, regulations, ordinances, standards, and codes. Where any of these are in conflict, the more stringent requirement shall be followed.

B. Public Safety:

During the performance of the work, the Contractor shall erect and maintain all necessary temporary fences, bridges, railings, lights, signals, barriers, or other safeguards as shall be appropriate under the circumstances in his judgment for the prevention of accidents; and the Contractor shall take other precautions as necessary for public safety including, but not limited to, traffic control.

C. Engineer's Responsibility:

1. The Engineer's review of the Contractor's construction performance is not intended to include review of the adequacy of the Contractor's safety or sanitary measures in, on, or near the construction site. The City assumes no responsibility for the inspection of safety precautions or for the enforcement of safety precautions required by law.

2. The Engineer may suspend operations if the Contractor determines that an imminent safety hazard exists.

1.20 CONTRACTOR'S FINANCIAL OBLIGATION
The Contractor shall promptly make payments to all persons supplying labor and materials in the execution of the contract.

1.21 PROTESTS - CONTRACT REQUIREMENTS

4.1 Attachment 2 - Agreement

36 Appendix F to Construction Services Agreement 05205 - 8 SYNTHETIC TURF RESURFACING PROJECT SEA CLOUD PARK S4
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A. If work demanded of the Contractor is considered by the Contractor to be outside the requirements of the contract, or if the Contractor considers any record or ruling of the Engineer or any inspector to be unfair, the Contractor shall immediately upon such work being demanded or such record or ruling being made, ask for written instructions or decision, whereupon the Contractor shall proceed without delay to perform the work or conform to the record or ruling. If the Contractor still wishes to protest, the Contractor shall, within 15 calendar days after receipt of same, file a written protest with the Engineer, stating clearly and in detail the Contractor's objections and reasons therefor. Except for such grounds or protest or objections as are made of record in the manner specified and within the time stated herein, the Contractor hereby waives all grounds for protest or objections to the records, rulings, instructions, or decisions of the Engineer, and hereby agrees that as to all matters not included in such protests, the records, instructions, and decisions of the Engineer shall be final and conclusive.

B. No later than thirty (30) calendar days following the submission of a protest in accordance with subsection A, the Contractor shall submit to the Engineer his claim concerning the matter so noticed. The claim shall set forth clearly and in detail, for each item of additional compensation or time adjustment claimed, the reasons for the claim, references to applicable provisions of the specifications, the nature and amount of cost or time involved, or both, the computations used in determining such cost or time, or both, and all other pertinent factual data. The Contractor shall furnish such clarification and further available information and data as may be requested in writing by the Engineer within the time specified in such request. In addition, the Contractor shall maintain complete and accurate daily records of the cost of any portion of the work for which additional compensation is claimed, and shall give the Engineer access thereto or certified copies thereof as requested.

C. Any decision, order, instructions, notice, or act or omission of the Engineer for which the Contractor has submitted a protest shall be final and conclusive on the Contractor if the Contractor fails to submit or document a claim with respect thereto in the manner and within the times above stated, and such failure shall constitute a waiver of all claims in connection therewith, whether direct or consequential in nature, provided that the Engineer may, if the Contractor shows good cause, and if the interests of the City will not be prejudiced, consider and decide a properly documented claim on its merits notwithstanding the Contractor's failure to submit it within the time above stated. The foregoing provision shall create no right to the Contractor, and failure or refusal of the Engineer to exercise the Engineer's authority thereunder shall not be subject to claim by the Contractor.

1.22 CONTRACTOR'S RESPONSIBILITIES FOR LOSSES OR LIABILITIES A. Risk of Loss:

Except as otherwise provided in the contract documents and except as to the cost of repair or restoration of damage to the work caused by an act of God as that term is defined in Section 7105 of the Public Contract Code of the State of California, the Contractor shall bear all losses resulting to the Contractor on account of the amount or character of the work, or from any unforeseen obstructions or difficulties which may be encountered, or from any encumbrances on the line of the work, or because the nature of the ground in or on which the work is done is different from what is assumed, or on account of the weather, or floods, or other causes.

B. Materials and Facilities:

1. The Contractor shall be responsible for materials and facilities as hereinafter provided and in the event of the Contractor's failure to carry out said

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responsibilities, the same may be carried out by the City at the expense of the Contractor.
a. The Contractor shall be responsible for any material furnished the Contractor and for the care of all work until its completion and final acceptance, and the Contractor shall at the Contractor's own expense replace damaged or lost material and repair damaged parts of the work. b. The Contractor shall protect the City facilities from damage resulting from the Contractor's work. City facilities damaged by or as a result of the Contractor's work under this contract shall be repaired or replaced, as directed by the Engineer, at the Contractor's expense.
c. The Contractor shall remove from the vicinity of the completed work all buildings, rubbish, unused material, concrete forms, and other materials belonging to the Contractor or used under the Contractor's direction during construction.

1.23 CONTRACTOR USE OF PREMISES
A. Confine operations at site to areas permitted by the contract documents.

B. Do not encumber site with excessive material or equipment.

C. Do not impose any load on any structure that will damage or endanger structure.

D. Take precautions necessary to prevent annoyance to occupants adjacent to or in the vicinity of the work.

1.24 COOPERATION WITH OTHER WORK FORCES
A. Other Contractors, other utilities and public agencies or their Contractors, other City Contractors, and City personnel may be working in the vicinity during the project construction period.

B. There may be some interference between these activities and the work under this Specification. The Contractor shall cooperate and coordinate their work with that of other work forces to assure timely contract completion.

C. Coordinate all activities in and around repair locations.

D. Any costs for providing cooperation with other work forces shall be considered as included in the proposal price for the various contract items of work and no separate payment will be made therefor.

1.25 PRECONSTRUCTION CONFERENCE
A. A preconstruction conference will be held at the time and place designated by the Engineer.

B. The Contractor shall be present or be represented by an agent with authority to act for the Contractor and in responsible charge of the work to be accomplished.

1.26 MATERIAL AND WORKMANSHIP
A. Omissions from the Plans and Specifications:

Where the plans or specifications describe portions of the work in general terms, but not in complete detail, it is understood that the Contractor shall provide and install such materials as necessary for a complete and functional facility at no additional cost to the City. All work

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shall be done and workmanship completed consistent with the quality of work standard for the industry for commercial work, notwithstanding any omission from the specifications or the drawings. It shall be the duty of the Contractor to call attention to apparent errors and omissions and request instructions before proceeding with the work. The Engineer may, by appropriate instructions, correct errors and omissions, which instructions shall be as binding upon the Contractor as though contained in the original specifications or drawings.

B. Compliance with Jurisdictional Agency Requirements:

All work performed under this Specification may be inspected as provided in Paragraph

1.09. All work performed within city or county streets or State of California freeway rights of way shall meet the requirements of the agency having jurisdiction. All materials furnished and all work done must be satisfactory to the Engineer. Work, material, or equipment not in accordance with the contract documents shall be made to conform thereto. Unsatisfactory material and equipment will be rejected, and if so ordered by the Engineer, shall, at the Contractor's expense, be immediately removed from the vicinity of the work.

1.27 SATURDAY, SUNDAY, AND HOLIDAY WORK
Without the written consent of the Engineer, no installation or construction work shall be done on Saturdays, Sundays, or holidays. Holidays are defined as City holidays which are listed in Document 00800, Paragraph 1.04.

1.28 COOPERATION
The City reserves the right to perform other work at or near the site at any time by the use of its own forces or other contractors. The Contractor shall coordinate their work and cooperate with City forces and other contractors to the end that any delay or hindrance to their work will be avoided.

1.29 AGREEMENTS WITH ADJACENT PROPERTY OWNERS
Agreements with property owners for spoiling excavated material, storing materials, or other purpose related to the work shall be made in writing and a copy submitted to the Engineer for their information.

1.30 EMERGENCY WORK
A. During Working Hours:

In case of an emergency which threatens loss or injury of property, and/or safety of life during working hours, the Contractor shall act, without previous instructions from the City, as the situation may warrant. The Contractor shall notify the Engineer of the emergency and the action taken immediately thereafter. Any compensation claimed by the Contractor, together with substantial documents in regard to expense, shall be submitted to the Engineer within 15 calendar days after the emergency. Compensation, if allowed, will be paid for as extra work.

B. Outside Working Hours:

Whenever in the opinion of the City there shall arise outside of the regular working hours on the contract work, an emergency involving utility services to the public or danger to public safety, the City’s forces may choose to handle such emergency work. If such emergency arises out of or is the result of operations by the Contractor, the cost of the corrective measures will be billed to the Contractor and deducted from their payment as

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provided in the contract documents. The performance of emergency work by City forces will not relieve the Contractor of any of his responsibilities, obligations, or liabilities under the contract.

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1.31 CONFLICT AMONG DRAWINGS, SPECIFICATIONS, AND/OR STANDARDS In case of conflict among contract documents, the document of highest precedence shall prevail.

The descending order of precedence shall be:

1. Permits and Agreements with Other Agencies

2. City Codes

3. Technical Specifications

4. Contract Requirements

5. Project Drawings

6. City Standards
a. Specifications
b. Drawings

7. Referenced Specifications and Standards

8. Referenced Drawings

1.32 FIRE PROTECTION
A. The Contractor shall provide access to all fire hydrants located along the line of their work.

Such access shall meet the approval of the City Public Safety Department, and should it be necessary to close a portion of a street for a limited time, such street shall not be closed until the Contractor has the approval of said Department.

B. The City Public Safety Department shall be notified when a street is opened after it has been closed.

C. Approval shall be obtained from that Department for the use of any fire hydrant.

1.33 ORDER OF WORK
A. When required by specifications or plans, the Contractor shall follow the sequence of operations as set forth therein.

B. Full compensation for conforming to such requirements will be considered as included in the prices paid for the various contract items of work and no additional compensation will be allowed therefor.

1.34 DIFFERING SITE CONDITIONS
A. The Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any:

1. Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.

2. Subsurface or latent physical conditions at the site differing from those indicated.

3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract.

B. The City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor's cost of, or the time required for, performance of any part of the work, the City shall issue a change order under the procedures described in the contract.

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C. In the event that a dispute arises between the City and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. The Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties.

1.35 PROCEDURES FOR FILING AND RESOLVING CLAIMS
Any claim arising under this contract which the Contractor wishes to assert against the City shall be governed by California Public Contract Code Section 9204. Claims which do not exceed three hundred seventy-five thousand dollars ($375,000) are also subject to the provisions of Article 1.5 of the California Public Contract Code (commencing with Section 20104).

Pursuant to California Public Contracts Code Section 9204, claims shall be resolved as follows:
(1) (a) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision.
(b) The claimant shall furnish reasonable documentation to support the claim, pursuant to Appendix B (General Conditions), Section 2.16. (c) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion.
(d) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply. (2) (a) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. (b) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree

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to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.
(c) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
(d) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. (e) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute. (3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.

A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.

Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations.

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1.36 PROCEDURES FOR CIVIL ACTIONS FILED TO RESOLVE CLAIMS A. The following procedures are established for all civil actions filed to resolve claims subject to this article in accordance with the State of California, Public Contract Code, Section 20104.4.

1. Within 60 days, but no earlier than 30 days, following the filing of responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.

2. If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1142.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules and pertaining to judicial arbitration.

3. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (a) arbitrators shall, when possible, be experienced in construction law, and (b) any party appealing an arbitration award who does not obtain a more favorable judgment shall in addition to payment of costs and fees under that chapter, also pay the attorney's fees on appeal of the other party.

1.37 PERMITS AND LICENSES
A. The Contractor shall secure and pay for, as necessary for proper execution and completion of work:

1. All permits, including CAL/OSHA excavation permit, not specifically furnished by the City.

4. Government fees.

5. Licenses.

6. Certifications.

7. Business License from the City of Foster City.

8. Building, Plumbing, and Electrical Permits from the City of Foster City.

B. Give required notices as required by the permits prior to work.

C. Comply with codes, ordinances, rules, regulations, orders, and other legal requirements of public authorities which bear on performance of work.

E. Provide copies of all permits to the Engineer prior to work.

1.38 EQUAL EMPLOYMENT OPPORTUNITY POLICY
It is the policy of the City that all qualified persons shall be afforded equal opportunities of employment on any public works contract entered into with the City. To prohibit discrimination because of race, color, religion, sex or national origin, all proposers shall be prepared to demonstrate that they and their subcontractors have undertaken a continuing program to promote the full realization of equal employment opportunities.

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1.39 OWNER'S RIGHT TO CORRECT DEFICIENCIES
If the Contractor should neglect to prosecute the work properly in accordance with the contract documents, the owner, after 10 consecutive calendar days following written notice to the contractor and their surety may, without prejudice to any other remedy the owner may have, and without declaring the contract in default or terminating the contract, correct such deficiencies in work intended to become a permanent part of the project, and may deduct the cost thereof from the payment then or thereafter due the Contractor or the entire cost thereof shall be paid by the Contractor or the Contractor's surety. The owner reserves the right to take over work in the event of an emergency.

1.40 COVID-19 PROCLAMATIONS
A. Definitions.

1. The 2019 novel coronavirus and the disease it causes are collectively referred to herein as “COVID-19”.

2. A “COVID-19 Condition” is something attributable to COVID-19 not caused by the Contractor (which for purposes herein includes all subcontractors and suppliers) and beyond its reasonable control including but not limited to COVID- 19 Proclamations and supply chain disruptions due to COVID-19, and other circumstances concerning COVID-19 not caused by the Contractor and which are beyond its reasonable control.

3. A “COVID-19 Proclamation” includes but is not limited to orders, directives and guidance concerning COVID-19 that have been issued, and which may be issued from time to time, by public agencies or regulatory bodies, the CDC or OSHA or Cal/OSHA, including without limitation the Cal/OSHA COVID-19 Prevention Emergency Temporary Standards. Contractor acknowledges that those orders, directives and guidance may require the Project to shut down or otherwise increase the Contractor’s cost or time of performance by calling for things such as social distancing and the use of personal protective equipment.

In the event of conflicting COVID-19 Proclamations, the Contractor shall follow the most applicable, restrictive and newest COVID-19 Proclamations.

4. An “Unknown COVID-19 Condition” is a COVID-19 Condition the Contractor did not know about, and reasonably should not have known about, as of the date the Contractor submitted its bid. The requirements contained in COVID-19 Proclamations issued before submission of a bid are not Unknown COVID-19 Conditions, and the Contractor will be deemed to have knowledge of those requirements.

5. An “Unknown COVID-19 Cost” is a cost that: (i) is solely attributable to an Unknown COVID-19 Condition; (ii) is reasonable and unavoidable under the circumstances; (iii) is not the result of the Contractor’s failure to comply with the contract documents or a COVID-19 Proclamation; and (iv) is not the result of a subcontractors’ or suppliers’ failure to comply with a COVID-19 Proclamation while on site or in connection with the performance of the Work.

B. COVID-19 Conditions and Bid. Contractor is expected to know and is deemed to have known about COVID-19 Conditions when it submits its bid, and COVID-19 Conditions must be accounted for in the Contractor’s price and schedule. In order to be entitled to any relief from a COVID-19 Condition, the Contractor must demonstrate that the issue, cost or delay is due to an Unknown COVID-19 Condition.

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C. Compliance with COVID-19 Proclamations.

1. Contractor shall comply with COVID-19 Proclamations in the performance of the work, irrespective of when the COVID-19 Proclamations are issued, and as they pertains to performance of the Work. The cost of such compliance is non- compensable, except as otherwise expressly stated herein.

2. Contractor is responsible to ensure that its subcontractors and suppliers comply with COVID-19 Proclamations while they are on the project site and in connection with the performance of their work.

D. Delay. The Contractor is entitled to a reasonable time extension for an Unknown COVID-19 Condition. Such time extension is non-compensable.

E. Owner Directed Suspension. The Owner may suspend work at the Project site due to COVID-19 health concerns, even though the Contractor may be allowed to proceed with the work based on COVID-19 Proclamations. The Owner may suspend the work for its convenience. The Contractor is entitled to a time extension for an Owner Directed Suspension, and the contract amount will be equitably adjusted if and to the extent Contractor incurs increased costs that are Unknown COVID-19 Costs.

F. Compensation for COVID-19 Costs. Owner will reimburse the Contractor for Unknown COVID-19 Costs that are not included in the schedule of values.

G. Safe Work Practices. Contractor shall implement safe work practices recommended by CDC or OSHA or Cal/OSHA, which may include, inter alia, screening all employees, subcontractors, laborers or suppliers (“worker(s)”) on the construction site in advance of their arrival on the job site for signs and symptoms of COVID-19; adopting staggered work schedules, e.g., providing alternating workdays or extra shifts, to reduce the total number of employees on a job site at any given time and to ensure physical distancing; identifying choke points where workers are forced to stand together, such as hallways, hoists and elevators, ingress and egress points, break areas, and buses, and implement policies to maintain social distancing; coordinating site deliveries in line with the employer's minimal contact and cleaning protocols; and instituting a rigorous housekeeping program to reduce dust levels on the job site. Contractor remains fully responsible for following and complying with changes to recommended safe work practices from time to time.

H. Monitoring and Reporting. Owner may require the Contractor to actively monitor the health of its workers through temperature checks and questionnaires of major COVID-19 symptoms, including but not limited to cough, fever above 100.4 degrees Fahrenheit and shortness of breath. Contractor shall immediately report to Owner any outbreaks of COVID-19 among its workers. The Contractor shall not knowingly allow any worker who has tested positive with COVID-19 to enter an Owner County building. In the event of an outbreak or an exposure to COVID-19, the Owner may impose appropriate mitigation strategies which may be in consultation with the public health officer.

I. Conflicts. In the event of an inconsistency between this COVID-19 Amendment and the Agreement, this Addendum shall control.
* END OF DOCUMENT *

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PAYROLL CERTIFICATION FORM
I, ____________________, the undersigned, am ______________________________, (Name – Please Print)
with the authority to act for ________________________________________________ (Position in Business)
for and on behalf of ______________________________________________________ (Name of Business and/or Contractor)
do hereby certify under penalty of perjury that the payroll records or copies thereof hereby submitted, consisting of __________________________ (Description, # of ___________ , are the originals, or true, full, and Pages) correct copies of the originals, which correctly depict the craft or type of work performed, hours and days worked, prevailing wage rates, and disbursements, by cash, check or other form, to the individual or individuals named.

DATE: ___________________ SIGNATURE ________________________________

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Appendix G to Construction Services Agreement

TECHNICAL REQUIREMENTS

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DOCUMENT 01025

MEASUREMENT AND PAYMENT
PART 1--GENERAL

1.01 DESCRIPTION
Payment will be made on a lump sum basis or unit price basis or combination thereof, as set forth in Document 00 4115, Schedule of Bid Prices.

1.02 SCHEDULE OF COSTS FOR LUMP-SUM PAYMENT
(NOT USED)

1.03 MEASUREMENT OF QUANTITIES FOR UNIT PRICE PAYMENT
A. All work to be paid for at a contract price per unit of measurement will be measured by the ENGINEER in accordance with United States Standard Measures. Material paid for by weight shall be weighed on scales furnished by and at the expense of the Contractor. All scales shall be regularly inspected and sealed by the Division of Measurement Standards or its designated representative.

B. When required by the ENGINEER, the operator of each vehicle weighed shall obtain a weight or load slip from the weigher and deliver said slip to the ENGINEER at the point of delivery of the material.

1.04 (NOT USED)

1.05 PARTIAL PAYMENT FOR STORED MATERIALS
A. The Contractor shall receive no additional compensation for materials stored on site.

1.06 MEASUREMENT AND PAYMENT OF BID ITEMS
A. MOBILIZATION, TRAFFIC CONTROL, GENERAL CONDITIONS, AND OTHER INCIDENTALS (BID ITEM NO. 1)

1. Full compensation for all mobilization consisting of preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidentals to the project site, traffic control measures including supplying, maintaining all traffic signs, portable barricades and delineators required, any required flagging costs, as necessary to implement traffic control measures will be considered as included in the lump sum price paid for

MOBILIZATION, TRAFFIC CONTROL, GENERAL CONDITIONS AND OTHER INCIDENTALS and no separate payment will be made therefore. Attention is directed to Sections 7-1.08, “Public Convenience,” 7-1.09, “Public Safety,” 12-

3.04, “Portable Delineators,” and 12-2.02 “Flagging Costs,” of the Standard Specifications and Section 1.07, “Access” of these Special Conditions. The Contractor shall cooperate with local authorities relative to handling traffic through the area, and shall make his own arrangements relative to keeping the work area clear of parked vehicles.

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2. Full compensation for restoring existing landscape and damaged structures, and other incidentals related to the completion of this Project shall be included as a lump sum price paid for MOBILIZATION, TRAFFIC CONTROL, GENERAL CONDITIONS, AND OTHER INCIDENTALS. This work shall include, but is not limited to: restoration of irrigation, concrete walkways, landscaping, and structures damaged or impacted during construction. Restoration & replacement of existing lawn or other improvements removed or damaged due to work shall be to restored or replaced in kind to the satisfaction of the City.

3. Full compensation for furnishing and installation of temporary project security fence with wind and shade screen to contain dust and debris, temporary portable sanitary toilet facilities and other incidentals related to the completion of this Project shall be included as a lump sum price paid for MOBILIZATION, TRAFFIC CONTROL, GENERAL CONDITIONS, AND OTHER INCIDENTALS. This work shall include, but is not limited to installation of 6 feet high chain link fence as temporary project security fence and provision of temporary portable toilet sanitary facilities during contract and maintenance periods at location specified in the drawings or as directed in the field and the removal of the said temporary fence and temporary toilet sanitary facilities at project completion as directed by the Engineer.

4. Full compensation for all general conditions administrative items, including management, all submittals, initial and progress schedules, meetings, and other incidentals related to the completion of this Project shall be included as a lump sum price paid for MOBILIZATION, TRAFFIC CONTROL, GENERAL CONDITIONS, AND OTHER INCIDENTALS. Attention is directed to the General Conditions, Special Conditions, and General Requirements of these Specifications.

B.STORMWATER POLLUTION PREVENTION (BID ITEM NO. 2)

1. Payment for performing stormwater pollution prevention work shall include full compensation related to completion of this Project as a lump sum price for STORMWATER POLLUTION PREVENTION. This work shall include, but not be necessarily limited to best management practices, storm drain inlet protection, dust control measures, and all other incidentals and associated work required.

C.SITE PREPARATION AND DEMOLITION (BID ITEM NO. 3)

1. Payment for site preparation and demolition shall include full compensation for this Project as a per square foot price. This work shall include, but is not be necessarily limited to, demolish and disposal of synthetic turf; and other related work items that may be required.

D.ROCK FINE GRADING & DRAINAGE / SHOCK PAD REINSTALLATION (BID ITEM NO. 4)

1. Payment for rock fine grading & drainage / shock pad reinstallation shall include full compensation for this project as a per square foot price. This work shall include, but is not necessarily limited to, fine grading of field rock to achieve planarity requirements for Project; moisture conditioning; compaction; re- installation of drainage / shock pad product; and other incidentals that may be required.

4.1 Attachment 2 - Agreement

51 Measurements and Payment 01025- 3
SYNTHETIC TURF RESURFACING PROJECT SEA CLOUD PARK S4
Updated 1/18/2022
E.FIELD TURF SURFACING (BID ITEM NO. 5)

1. Payment for field turf surfacing shall include full compensation for this Project as a per square foot price. This work shall include, but is not necessarily limited to, furnishing, and installing synthetic turf and such work to include, but is not limited to synthetic turf with field striping; removal, cleaning and salvaging of existing SBR infill, or removal and disposal of existing SBR infill and replacement with new SBR infill; new Brock Pad panels as needed; new filter fabric; and other incidentals and associated work required.

F.TURF MAINTENANCE SERVICE CONTRACT (BID ITEM NO. 6)

1. Payment for turf maintenance service contract shall include full compensation for this Project as a lump sum price. This work shall include, but is not necessarily limited to, providing two (2) maintenance service visits per year through the duration of the manufacturer’s 8 year warranty (at the City’s request) per Section 32 18 13 – 1.07 of the specifications.

G.PROJECT CLOSEOUT DOCUMENTS (BID ITEM NO. 7)

1. Payment for project closeout documents shall include full compensation for this Project as a lump sum price. This work shall include, but is not necessarily limited to, providing all materials and project closeout documents as called out in the Contract Documents, including all field maintenance guidelines and warranties.

H.ADDITIONAL BULLPEN AREA (ADDITIVE ALTERNATE BID ITEM NO. 1)

1. Payment for the additional bullpen area shall include full compensation for this Project as a per square foot price. This work shall include, all mobilization, general conditions, site prep and demolition, rock fine grading and drainage / shock pad reinstallation, field turf surfacing, turf maintenance service contract, and project closeout documents, and other incidentals and associated work required.

I.REPLACING INFILL WITH NEW ALTERNATIVE NON-SBR INFILL (ADDITIVE ALTERNATE BID ITEM NO. 2)

1. Payment for Replacing Infill with New Alternative non-SBR Infill shall include full compensation for this Project as a per square foot price. This work shall include, but is not necessarily limited to, furnishing, and installing non-SBR infill and such work to include, but is not limited to other incidentals and associated work required to do all the work involved thereof.

4.1 Attachment 2 - Agreement

52 Measurements and Payment 01025- 4
SYNTHETIC TURF RESURFACING PROJECT SEA CLOUD PARK S4
Updated 1/18/2022
PART 2--(NOT USED)
PART 3--EXECUTION

3.01 PROGRESS PAYMENTS
A. Within 5 days after the cutoff date, the Contractor shall make and submit to the ENGINEER an approximate measurement of all materials supplied and work performed up to the established cutoff date for the purpose of making a progress payment. The progress payment cutoff date shall be the monthly anniversary of the date of the Notice to Proceed.

B. The Contractor will classify the work according to items listed on the bidding form and will estimate the value of the same on the basis of the prices shown, or as extra work. The classification of the work performed and the value thereof will be based on the Schedule of Costs for lump sum bid items. Payment for unit price bid items will be based on the actual amount of work performed as measured in the field. The Contractor’s estimate of work performed shall be subject to adjustment by the ENGINEER.

3.02 FINAL PAYMENT AND RETENTION
Upon Final Acceptance of the work, Owner shall execute and cause a Notice of Completion to be sent to Contractor and recorded with the San Mateo County Recorder. Owner shall release Final Payment (including any withheld retentions) 35 days after the recording of the Notice of Completion or as soon as the Application for Final Payment is made, whichever is later. * END OF DOCUMENT *

4.1 Attachment 2 - Agreement

53 Construction Facilities and Temporary Controls 01500- 1 SYNTHETIC TURF RESURFACING PROJECT SEA CLOUD PARK S4
Updated 1/18/2022
DOCUMENT 01500

CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS
PART 1--GENERAL

1.01 DESCRIPTION
Work included: Provide temporary construction facilities, utilities and controls needed for the work.

PART 2--(NOT USED)
PART 3--EXECUTION

3.01 TEMPORARY UTILITIES
A. The Contractor shall provide and pay for all necessary temporary water, telephones, fuel, power, and sanitary accommodations.

B. The temporary facilities to be provided by the Contractor as described above shall conform to all requirements with regard to operation, safety, and fire hazards of state and local authorities and of underwriters.

C. Site and facilities shall be returned to their original “as-found” condition or as otherwise specified, at the completion of the project.

3.02 SOUND CONTROL
A. Comply with all local sound control and noise level rules, regulations and ordinances, which apply to any work performed pursuant to the contract.

B. Each internal combustion engine, used for any purpose on the job or related to the job, shall be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be operated on the project without said muffler.

C. The maximum noise level shall be 85 dBA.

3.03 DUST AND LITTER CONTROL
A. Maintain dust control within the site and provide adequate measures to prevent a dust problem for neighbors.

B. All trucks shall be loaded in a manner which will prevent dropping of materials or debris on streets. The loads shall be trimmed and all material shall be removed from shelf areas of vehicles to prevent spillage. Take precautions when necessary to avoid creating dust and littering by watering the load after trimming.

C. Keep the job site in a neat and sanitary condition during the progress of the work. Dispose of refuse as often as directed or as may be necessary so that at no time shall there be any unsightly accumulation of rubbish.

4.1 Attachment 2 - Agreement

54 Construction Facilities and Temporary Controls 01500- 2 SYNTHETIC TURF RESURFACING PROJECT SEA CLOUD PARK S4
Updated 1/18/2022

3.04 DRAINAGE
The Contractor shall be responsible for caring for the drainage on the entire work area and the disposal of such drainage from commencement of work until contract completion. Special care shall be exercised to prevent erosion in disturbed earth areas and silt or eroded materials shall not be introduced into any storm drain system or water course.

3.05 CONSTRUCTION WATER
A. The Contractor shall provide and maintain all necessary equipment and facilities for conveying water to places where it will be used and for changing the pressure if required.

The Contractor shall plan and perform the work in a manner, which will minimize the use of water.

B. The Contractor shall furnish, at his expense, all water required for the completion of the work. Water is available to the Contractor at the nearest hydrant provided the Contractor has made arrangements to obtain a temporary water meter from the City. The Contractor shall pay for all necessary rental and deposit fees required for temporary meter. The temporary hydrant meter application is attached at the end of this section.

3.06 SECURITY OF SITE
A. Security of the site shall be the Contractor’s responsibility from commencement of work until completion of contract.

B. The Contractor shall provide and maintain such fences, barricades, signs, and warning lights as may be required to provide safety against accidents.

3.07 RIGHTS IN LAND AND IMPROVEMENTS
A. Nothing in these specifications shall be construed as allowing the Contractor to make any arrangements with any person to permit occupancy or use of any land, structure, or building within the limits of the contract for any purpose whatsoever.

B. The Contractor shall not occupy City -owned property outside the right of way as shown on the plans unless he enters into a rental agreement with the City.

3.08 FIELD OFFICE AND LAYDOWN AREAS
The Contractor shall procure additional space for laydown of materials, spoils and equipment at Contractor’s own expense. Location of such additional space shall be subject to approval of the City.

3.09 EXISTING UTILITIES LOCATION - U.S.A.

The City of Foster City subscribes to the Underground Service Alert (U.S.A.) network, which is a clearinghouse for notifying all local utility agencies to mark the locations of underground systems in construction areas. Prior to grading and excavation activities by the Contractor, they shall contact U.S.A. by calling 1-800-227-2600 with ample advance time to allow the utility companies to respond. Contacting U.S.A. does not relieve the Contractor from their responsibility to determine location and depth of buried utilities, to protect such utilities, or to repair buried utilities damaged by their operations.
* END OF SECTION *

4.1 Attachment 2 - Agreement

55 Construction Facilities and Temporary Controls 01500- 3 SYNTHETIC TURF RESURFACING PROJECT SEA CLOUD PARK S4
Updated 1/18/2022
FISCAL YEAR 2022 / 2023

CITY OF FOSTER CITY/ESTERO MUNICIPAL IMPROVEMENT DISTRICT

TEMPORARY HYDRANT METER APPLICATION
APPLICANT: ______________________________________________DATE:_____________________ COMPANY: _________________________________________________PHONE:_________________ ADDRESS:_________________________________________________________________________ ____________________________________________________________________________________ EMAIL ADDRESS____________________________________________________________________ CONTRACTOR’S LICENSE NO.:___________________ CLASS:____________ EXP.: _____________ FOSTER CITY BUSINESS LICENSE NO.: _______________________________ EXP.: ___________ JOBSITE: ___________________________________________________________________________ METER CONNECTION LOCATION:_______________________________________________________

NOTE THAT THE METER MAY NOT BE RELOCATED WITHOUT WRITTEN PERMISSION FROM THE DISTRICT.

PURPOSE OF SERVICE:______________________________________________________________ ____________________________________________________________________________________ Customer must provide a reading at the end of each calendar quarter (March 31, June 30, Sept 30, and Dec 31) by emailing: the reading, company name and meter number to [email protected]. ____ (initial) Meter must be returned to the District Corporation Yard (100 Lincoln Center Drive in Foster City, 650/286-8140) within seven (7) calendar days of the date permit expires. ____ (initial) Failure to do so may result in forfeiture of all deposits. Charges will be assessed per the current adopted Master Fee Schedule. ____ (initial)
Applicant’s Signature: __________________________________________________________________ ************************************************************************************************************************

FOR CITY/DISTRICT USE ONLY
PERMIT EXPIRATION DATE (12 months from today)_______________ PERMIT FEE: Non-refundable $ 64.85 - WC
METER DEPOSIT: Balance refundable. Details on back. $ 1,557.00 - MD WATER DEPOSIT: Balance refundable. Details on back. $ 1,500.00 - WD TOTAL: (to be paid with application) $ 3,121.85
Application Approved: _______________________________________ Date: _____________________ (PWM Staff)
Fee to SC S-23, Acct. 31-3470 Deposits to SC S-23, Acct. 31-2460 Monthly Charges to SC S-73, Acct. 31-3475

4.1 Attachment 2 - Agreement

56 Construction Facilities and Temporary Controls 01500- 4 SYNTHETIC TURF RESURFACING PROJECT SEA CLOUD PARK S4
Updated 1/18/2022
METER DEPOSIT REQUIRED: $1,557.00 Upon return of the hydrant meter in good condition, the contractor shall be entitled to refund of the following percentages of the meter deposit if returned within the following period from the issuance date of the meter:
1 month or less 90%
3 months or less 85%
6 months or less 80%
12 months or less 75%
Meter must be returned or renewed at the end of 12 months. Failure to do so will result in an additional reduction of deposit by 10% of the original amount per month or portion thereof. Should the meter be found to be defective or damaged upon testing, the cost of repairs (labor and material) shall be subtracted from the deposit. ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ WATER DEPOSIT REQUIRED: $1,500.00 Meter charge according to Master Fee Schedule for Fiscal Year 22/23 @ $ 303.92 shall be deducted from the water deposit each month. In addition, the water usage charge is as stated per Master Fee Schedule per unit (100 cubic feet or 748 gallons) for Fiscal Year 22/23 @ $ 6.21 per unit, and shall be deducted from the deposit at the time incurred or when the meter is returned.

Date out Initial

METER SIZE: 3” ________ ________ Meter Number: ____________________________________

Checked out by: ____________________________ Date Returned/Checked by: __________________________

PRINT NAME
Charge as follows (if not returned)
Other Accessories
Meter Wrench ________ ________ $60 _____________ ____________ Reducer, 2-1/2”x3/4” ________ ________ $40 _____________ ____________ Reducer, 2-1/2”x1-1/2” ________ ________ $35 _____________ ____________ Fire Hose, 6’ x 2-1/2” ________ ________ $140 _____________ ____________ Received by ________________________________________
Signature/Date
+++++++++++++++++++++++++++++++ +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ DATE

METER

READING

WATER

QUANTITY

COST OF

WATER USED

SERVICE
CHARGE

PER MONTH

TOTAL

CHARGES

DEPOSIT

BALANCE
$_303.92
_______ __________ ___________ __________ ________ _________ $__________ _______ __________ ___________ __________ ________ _________ __________ _______ __________ ___________ __________ ________ _________ __________ _______ __________ ___________ __________ ________ _________ __________ City of Foster City
Temporary Water Hydrant Rental Receipt

Date: ____________________________

Receipt No.: ____________

Received From: _____________________________________________________________________________________

THREE THOUSAND ONE HUNDRED TWENTY-ONE DOLLARS & EIGHTY FIVE CENTS $3,121.85 Check No. ______________ BY; ______________________________________________ Send ORIGINAL to Finance; cc: Meter Binder, Applicant
**END OF SECTION**

4.1 Attachment 2 - Agreement

57 SYNTHETIC TURF PLAYING FIELD 32 1813 - 1
SYNTHETIC TURF RESURFACING PROJECT SEA CLOUD PARK S4
Updated 1/18/2022
DOCUMENT 01570

TRAFFIC CONTROL

PUBLIC CONVENIENCE AND PEDESTRIAN TRAFFIC CONTROL
Must comply with the traffic regulations requirements as specified in this section. Including but not limited to: Submit a traffic control plan which conforms to the State of California "Manual of Traffic Controls for Construction and Maintenance Work Zones” and the Work Area Traffic Control (WATCH) Handbook.

Include lane closures, detours, and parking prohibitions.

Contractor shall be responsible to provide all traffic control measures necessary to divert sidewalk users safely around work areas. This includes, but is not limited to, placing signage, barricades, cones, temporary walkways, etc.

The Contractor shall be responsible for adequate barricading of the work area and controlling of traffic in the vicinity of the project. Access for local traffic must be maintained. For work in street areas, at least fifteen calendar days prior to commencing work, the Contractor shall submit his schedule and traffic plan to the Engineer for approval.

WEEKEND USAGE
All significant phases of concrete work must be completed within the same (Monday to Friday) week as they are started. Sections of Sidewalk, curb and gutter, and curb ramps must be completed and ready for use during the weekend. An exception may be the installation of the detectable warning surface mats for curb ramps, which can be installed when the concrete has cured sufficiently to accept the mat in accordance with the manufacturer’s specifications. Provisions for alternative walkway would be required.

LANE CLOSURES AND DETOURS
No more than one-half (½) of the roadway shall be closed to traffic at any time, and traffic in both directions shall be maintained at all times. Open excavations and trenches shall be adequately covered when no work is being performed.

WORKING HOURS - MAJOR STREETS
All work within the right-of-way of freeway ramps and major streets including the adjoining intersections shall be limited to the hours of 9:00AM to 3:00PM. Major streets are listed as follows:

1. Foster City Boulevard 6. Beach Park Boulevard

2. East Hillsdale Boulevard 7. Metro Center Boulevard

3. East Third Avenue 8. Triton Drive

4. Edgewater Boulevard 9. Vintage Park Drive

5. Shell Boulevard 10. Chess Drive

NO PARKING SIGNS
No Parking signs shall be posted a minimum of 72 hours in advance of the parking restriction. The date and time of parking restrictions shall be clearly posted on No Parking signs.

JOB CONDITIONS
The following general job conditions apply to the project:

4.1 Attachment 2 - Agreement

58 SYNTHETIC TURF PLAYING FIELD 32 1813 - 2
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Updated 1/18/2022

1. Provide access to all residences whenever possible throughout the duration of the project. Notify property owners 24 hours in advance of work that will interrupt use of driveways or other frontage improvements.

2. Orange traffic cones and barricades as appropriate shall be used to mark traffic lanes whenever vehicles are restricted from using the normal traffic lanes on a street.

3. Street parking may be restricted as necessary to facilitate construction activity. Notify property owners of parking restrictions 48 hours in advance.

4. Lighted arrow boards shall be used for all lane closures on boulevards and other locations when appropriate.

TRAFFIC CONTROL DEVICES

1. Traffic signs, flashing lights, lighted arrow boards, barricades and other traffic safety devices used to control traffic shall conform to the requirements of Section 12, "Construction Area Traffic Control Devices," and Section 7, "Legal Relations and Responsibility," of the CalTrans Standard Specifications. Flashers shall be provided on each barricade. (Section 360, California Vehicle Code, defines highway to include streets.)

2. Warning signs used for nighttime conditions shall be reflectorized or illuminated. "Reflectorized signs" shall have a reflectorized background and shall conform to the current State of California Department of Transportation specification for reflective sheeting on highway signs.

GENERAL

1. Except where public roads have been approved for closure, traffic shall be permitted to pass through designated traffic lanes with as little inconvenience and delay as possible.

2. Convenient access to driveways and buildings in the vicinity of work shall be maintained as much as possible. Temporary approaches to, and crossing of, intersecting traffic lanes shall be provided and kept in good condition.

3. When leaving a work area and entering a roadway carrying public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic. * END OF DOCUMENT *

4.1 Attachment 2 - Agreement

59 SYNTHETIC TURF PLAYING FIELD 32 1813 - 1
SYNTHETIC TURF RESURFACING PROJECT SEA CLOUD PARK S4
Updated 1/18/2022
ADDENDUM #3 ITEM

SECTION 02 41 00

SITE CLEARING AND DEMOLITION

PART 1 GENERAL

1.01 SUMMARY

A. Furnish all labor, materials, equipment, facilities, transportation, and services to complete all site clearing and demolition work plus all related activities as shown on the Drawings and/or specified herein.

B. Scope of work: The general extent of the site clearing and demolition work is shown on the Drawings and can include, but is not necessarily limited to the following:

1. Demolition, removal, and disposal of existing synthetic turf.

2. Salvaging, Stockpiling, and Cleaning of existing sand and SBR rubber infill material (OPTION in BASE BID).

NOTE: Beneath the turf product is an existing be Brock Gen1 PowerBase (PB2000b3) drainage / shock pad, which is to remain and be protected in place (except where damaged and requires replacement panels, or where it needs to be temporarily removed so that work on the existing rock base can be accommodated).

1.02 REFERENCES AND REGULATORY REQUIREMENTS

A. State of California Department of Transportation Standard Specifications, Current Edition

1.03 SUBMITTALS

A. Conform to requirements of Section 01 33 00 Submittals and/or applicable Division One and Division Two specifications, General Conditions, and Special Provisions.

B. Indicate the proposed time line for site clearing and demolition work on the project schedule.

1.04 QUALITY ASSURANCE

A. The Owner shall obtain and pay for all permits required in connection with this work.

B. Fees for the dumping of debris shall be paid for by the Contractor.

1.05 PROJECT CONDITIONS

A. Dust Control:

1. The contractor shall, at all times, prevent the formation of airborne dust on and around the project site with the use of sprinkled water or other means acceptable to the Owner’s representative. Non-compliance with proper dust control measures shall be grounds for issuance of "stop work" orders by the Owner’s representative until such time as satisfactory measures are implemented.

4.1 Attachment 2 - Agreement

60 SYNTHETIC TURF PLAYING FIELD 32 1813 - 2
SYNTHETIC TURF RESURFACING PROJECT SEA CLOUD PARK S4
Updated 1/18/2022

PART 2 PRODUCTS – Not Used

PART 3 EXECUTION

3.01 EXAMINATION

A. Conform to Section 01 45 00 - Quality Control (as applicable).

B. Carefully identify limits of demolition.

C. Mark project areas as directed by the Owner’s representative and as necessary to clearly identify the interface of items to be removed and items to be left in place intact.

3.02 PREPARATION

A. Protection:

1. Make provisions and take necessary precautions to protect all existing items not designated for removal. Any existing item or area damaged during construction operations shall be replaced or repaired to an “as-was” or better condition at no additional cost to the project and subject to the acceptance of the Owner’s representative.

2. Erect barriers, fences, guard rails, enclosures, chutes, and shoring as necessary to protect personnel, structures, and utilities remaining intact.

3. Provide warning signs and lighting as necessary for vehicular and personnel protection. Maintain warning signs during construction as required by applicable safety ordinances and as reasonably prudent.

4. Coordinate arrangements for items to be salvaged and turned over to the Owner.

5. Notify Underground Service Alert (USA), (800) 642-2444, and local utility companies to verify locations of existing utilities a minimum of 48 hours prior to beginning work.

6. Provide tree protection fencing prior to any demolition work if applicable.

B. Traffic Access:

1. Ensure minimum interference with roads, streets, driveways, sidewalk and adjacent facilities.

2. Do not close or obstruct streets, sidewalk, alleys or passageways without acceptance from the Owner’s representative.

3. Provide approved alternate routes around closed or obstructed traffic ways as required by the Owner’s representative.

4. Maintain access to adjacent existing buildings to ensure uninterrupted operations during demolition work.

3.03 DEMOLITION

A. General:

1. Refer to drawings for extent of demolition work.

4.1 Attachment 2 - Agreement

61 SYNTHETIC TURF PLAYING FIELD 32 1813 - 3
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Updated 1/18/2022

3.04 SALVAGE

A. Demolition:

1. Materials or equipment to be demolished shall become the property of the Contractor except for items specified to be salvaged for the Owner.

B. Replacement:

1. In the event items not scheduled to be demolished are damaged, promptly replace or repair such items to an as-was or better condition per the discretion of the Owner’s representative at no additional cost.

C. Existing Synthetic Turf Infill (BASE BID)

1. Contractor has the option to either salvage or dispose of the existing granular infill materials in the turf fibered system. If the Contractor elects to salvage and re-use infill, it shall carefully salvage the existing synthetic turf infill material (consisting of silica sand and SBR rubber).

2. Salvaged granular infill material is to be cleaned so that it is free of impurities, and Contractor is responsible for stockpiling or storing infill in a manner that will eliminate any contamination of the infill material, either by on -site debris, atmospheric conditions, or construction activities. Extreme care is to be taken so that no infill material migrates or enters on or off-site storm drainage infrastructure. Refer to Specification Section 32 18 13 for additional infill cleaning requirements.

3. If Contractor / Turf Company elects to use new infill materials versus salvaging and re-using, then infill materials shall be removed in a legal manner along with rest of the turf materials.

3.05 CLEANING

A. Debris and Rubbish:

1. Remove and transport debris and rubbish as it accumulates and dispose in a legal manner via recognized haul routes in a manner that will prevent spillage on streets or adjacent areas.

2. Remove all tools, equipment and appliances used for demolition from the site upon completion of the work.

3. Clean entire project area, adjacent streets, and pavements to a broom-clean, “stain-free” condition per the discretion of the Owner’s representative.

END OF SECTION

4.1 Attachment 2 - Agreement

62 SYNTHETIC TURF PLAYING FIELD 32 1813 - 1
SYNTHETIC TURF RESURFACING PROJECT SEA CLOUD PARK S4
Updated 1/18/2022
ADDENDUM #3 ITEM

SECTION 32 18 13

SYNTHETIC TURF PLAYING FIELD

PART 1 GENERAL

1.01 SCOPE OF WORK

A. It shall be the responsibility of the successful turf contractor to provide all labor, materials, equipment, and tools necessary for the complete installation of a synthetic grass material. The system shall consist of, but not necessarily be limited to, the following:

1. A complete synthetic grass system consisting of 2-inch tall dual fibers (consisting of a slit film and monofilament polyethylene fiber).

2. A resilient infill system, consisting of one of the following for the BASE BID:
a. salvaged and reused sand and SBR infill as specified in this section. The infill shall be supplemented as needed with new sand and rubber per the specifications so that there is a void of no greater than ¾” to the top of the fiber.
b. New sand and SBR infill as specified in this section. The infill shall be per the specifications so that there is a void of no greater than ¾” to the top of the fiber.

3. A resilient infill system, consisting of the following in the BID ALTERNATE #2: A natural infill system consisting of sand and either BrockFill, Crushed OlivePits, SafeShell, or Amorim 201 (Cork/Olive).

4. Replacement drainage / shock pad panels as called out in this section.

5. A full warranty and maintenance service contract as outlined in the specification section.

NOTE: Assume existing infill on the field has a depth of 1 inch.

B. Related sections can include, but may not be limited to:

1. Section 02 41 00 - Site Clearing & Demolition

2.JOB CONDITIONS

A. Contractor shall be responsible for reviewing the base and ensuring it conforms to the project requirements prior to placement of the synthetic turf.

B. Playing field subgrade preparation shall be completed and accepted by the Owner Representative prior to commencement of Work under this Section.

1.03 REFERENCES

A. ASTM Standard Test Methods:

1. D1335 - Standard Test Method for Tuft Bind of Pile Yarn Floor Coverings

2. D1577 - Standard Test Method for Linear Density of Textile Fiber

4.1 Attachment 2 - Agreement

63 SYNTHETIC TURF PLAYING FIELD 32 1813 - 2
SYNTHETIC TURF RESURFACING PROJECT SEA CLOUD PARK S4
Updated 1/18/2022

3. D2859 - Standard Test Method for Ignition Characteristics of Finished Textile Floor Covering

4. D4491 - Standard Test Methods for Water Permeability of Geotextiles by Permittivity

5. D5034 - Standard Test Method of Breaking Strength and Elongation of Textile Fabrics (Grab Test)

6. D5848 - Standard Test Method for Mass per Unit Area of Pile Yarn Floor Covering

7. F355 - Standard Test Method for Shock-Absorbing Properties of Playing Surfaces.

8. F1015 - Standard Test Method for Relative Abrasiveness of Synthetic Turf Playing Surfaces.

9. F1936 - Standard Test Method for Shock-Absorbing Properties of North American Football Field Playing Systems as Measured in the Field

3. TURF QUALIFICATIONS

A. The contractor shall be required to submit information from the synthetic turf installer and/or manufacturer as required in Section 01 33 00 that complies with the following:

1. The Turf Company / Contractor and/or the turf manufacturer must be experienced in both the manufacturing and installation of the specified type of synthetic infilled turf system for at least five (5) years and have at least two hundred (200) outdoor installations in California of the specified material of 50,000 sq. ft. or greater. One of these fields must be in play for at least eight years in California and has surpassed manufacturer’s warranty period.

2. For the purpose of meeting these qualifications, the type of infill materials are not determining factors in meeting these installation qualifications.

3. The Turf Company must be an actual manufacturer of synthetic turf, not a reseller. Turf Company must own its manufacturing plant in the U.S. and be able to control its production 100%, including fiber extrusion, coating, lead time and quality control.

4. The foreman installing the synthetic turf must have installed at least twenty (20) fields in the last three (3) years of the specified material.

5. The Turf Company must provide competent workmen, skilled in this specific type of in-filled synthetic grass installation. The designated supervisory personnel on the project must be certified in writing by the turf manufacturer as competent in the installation of this material, including sewing seams and proper installation of the infill mixture. The manufacturer shall have a representative on site to certify the installation and warranty compliance.

6. The Turf Company must have certified crews and may not use outside, independent contractors for the installation.

7. The Turf Company must possess an active California D-12 Synthetic Products license in good standing, and have never had a license revoked.

8. The Turf Company must not have had a Surety or Bonding Company finish work on any contract within the last five (5) years.

9. The Turf Company must not have been disqualified or barred from performing work for any public entity or other contracting entity in the U.S.

10. Turf Company shall have a minimum $30,000,000 bonding capacity.

11. Turf Company must have a professional, full time maintenance service company with a minimum of 50 current maintenance contracts in place in the US.

4.1 Attachment 2 - Agreement

64 SYNTHETIC TURF PLAYING FIELD 32 1813 - 3
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Updated 1/18/2022

1.05 SUBMITTALS

A. Submit two complete samples, a minimum of 12” x 12” in size, illustrating details of finished product. In addition, submit two loose samples (one foot squares) of the turf backing and tufted fibers and two sets of one quart samples of the following:

1. Specified Sand Infill

2. Specified SBR Infill (BASE BID)

3. Alternative Non-SBR Infill (BID ALTERNATE)

B. Submit manufacturer's installation instructions.

C. The turf manufacturer shall submit a project specific letter on the company letterhead certifying that the products of this section meet or exceed all specified requirements, and state that the installer has complied with the qualifications above and is certified by the manufacturer to install this type of synthetic turf.

D.Submit Drawings for:

1. Seaming plan.

2. Installation details; edge detail, utility box detail, etc.

3. Field Layout and Striping Plan (including field colors), including field line layouts (including colors), etc.

4. The Turf Manufacturer shall submit color samples for approval for all color and/or line work, including final electronic versions of all field markings.

E. Certified copies of independent (third-party) laboratory reports on ASTM tests as follows:

1. Pile Height, Face Width & Total Fabric Weight, ASTM D5848

2. Primary & Secondary Backing Weights, ASTM D5848

3. Tuft Bind, ASTM D1335

4. Grab Tear Strength, ASTM D5034

5. Water Permeability, ASTM D1551

6. Flame Resistance, ASTM F1551

7. Tuft Yarn Tensile Strength and Elongation, ASTM D2256

F. Submit a copy of the 8-year (minimum), prepaid, non-prorated, third-party insured warranty and insurance policy information.

G. Submit a list providing project name, date the field installation was approved, contact names and telephone numbers for each project that meets the experience requirements identified in 1.04-A.1 above.

1.06 WARRANTY

A. The Turf Company shall submit its Manufacturer's Warranty which guarantees the usability and playability of the synthetic turf system for its intended uses for a minimum eight (8) year period commencing with the date of Substantial Completion. The warranty coverage shall not be prorated nor limited to the amount of the usage.

B. The warranty submitted must have the following characteristics:

1. A non-prorated, non-cancellable up-front pre-paid, third-party insured warranty.

Warranty shall be covered by a third-party insurance policy, non-cancelable and

4.1 Attachment 2 - Agreement

65 SYNTHETIC TURF PLAYING FIELD 32 1813 - 4
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pre-paid, and is in effect covering this installation, and underwritten by a Best “A” Rated (or better) Insurance Carrier listed in the A.M. Best Key Rating Guide.

2. Insurance carrier must confirm that the policy is in force and premiums prepaid for entire warranty duration in full.

3. The policy must include a minimum annual aggregate of $10,000,000 per year and be based on claims arising from fields installed and completed only during the policy year.

4. The policy must provide full coverage for eight (8) years (minimum) from the date of Notice of Completion.

5. The policy shall cover all costs associated with full field replacement with new equal or better turf material, including labor, materials, and any other costs to repair or replace the field.

6. Owner shall not be responsible for any deductible.

7. Warranty shall have no restrictions on amount of use (provided type of use is per approved warranty language).

8. Must warrant materials and workmanship, and that the materials installed meet or exceed the product specifications, including general wear and damage caused from UV degradation.

9. Must have a provision to either make a cash refund or repair or replace such portions of the installed materials that are no longer serviceable to maintain a serviceable and playable surface.

10. Must be a warranty from a single source covering workmanship and all self- manufactured or procured materials.

11. Guarantee the availability of replacement material for the synthetic turf system installed for the full warranty period.

12. Turf must maintain an ASTM F355 G-Max of less than 160 for the life of the warranty.

1.07 MAINTENANCE SERVICE CONTRACT REQUIREMENTS

A. Turf Company shall provide two maintenance service visits per year of the 8 year minimum warranty (for a total of 16 visits). Each maintenance service visit shall include the following:

1. One (1) SMG Sportchamp (or equivalent) grooming session including:
a. A general sweeping to remove foreign objects such as dirt, leaves, bird droppings, gum and other debris that may collect on the field surface.
b. A deep groom, sweep and rejuvenation to de-compact infill and in an effort to maintain appropriate G-Max levels.
c. The above two steps are intended to clean the infill from deleterious matter contaminating the infill material.  All accumulated debris and contaminating material shall be off-hauled and disposed of in a legal manner by the Turf Company.

2. Overall analysis and inspection of the field and its applicable systems, including fiber wear analysis, ultraviolet degradation, infill depth and consistency, infill migration, field edging attachments, sewn and glued seams, line verification and field inserts (inlays).

3. As part of item #2 above, Turf Company shall address deficiencies identified, including adding of specified infill material to bring field to

4.1 Attachment 2 - Agreement

66 SYNTHETIC TURF PLAYING FIELD 32 1813 - 5
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specified levels and minor repairs (sewing/adhesive failures, inlay separation, and general workmanship) as needed for issues found relating to the synthetic surface.

4. Turf Company shall be responsible for the testing of the G-max levels of the installed synthetic turf at the completion of years one, two, four, six, and three months prior to the completion of year eight. If any of these tests do not fall within the G-max range as specified in this specification section, the Manufacturer will be required to modify the field composition to the sole satisfaction of the Owner so that it falls within the target G-max range. All costs associated with such work shall be borne solely by the Manufacturer and/or installer. Any failed test shall be retested to verify that the field meets the specifications. All testing shall be paid by the Manufacturer and/or installer. All testing shall be completed by an independent testing laboratory accredited for such tests, and shall be pre-approved by the Owner. All testing and analysis of findings shall be completed by qualified persons utilizing the required techniques outlined in the ASTM F355 test standard.

PART 2 MATERIALS

2.01 INFILL SYNTHETIC TURF

A. The synthetic turf system shall meet the following minimum testing requirements and parameters. The City and its design professional shall be the final authority if any submitted product meets these product requirements, and it is the Contractor and Turf Company’s sole responsibility to show and prove that the proposed turf product meets the following product requirements:

Standard Property Specification
N/A Pile Yard type UV-Resistant Polyethylene
N/A Yarn Structure Dual Fiber
(Ridged Monofilament
and Fibrillated
Slit-Film)
ASTM D1577 Fiber Denier min.14,000 (mono) / 5,000
(slit)
ASTM D3218 Tape Thickness (in microns) > 225 (mono) / > 100 (slit) ASTM D2256 Yarn Breaking Strength min. 20 lbs
ASTM D5823 Pile Height 2.0”
ASTM D5793 Stitch Gauge 3/8” – ¾”
ASTM D5848 Pile Weight min. 38 oz/square yard
ASTM D5848 Total Backing Weight min. 21 oz/square yard
ASTM D5848 Total Weight (without infill) min. 59 oz/square yard ASTM D1335 Tuft Bind (Without Infill) min. 9 lbs
ASTM D5034 Grab Tear (Width) min. 200 lbs/force
ASTM D5034 Grab Tear (Length) min. 200 lbs/force
ASTM D4491 Carpet Permeability >40 inches/hour
ASTM F355A Impact Attenuation (Gmax) <160
Infill Material Depth 1.25 inches (min.)

4.1 Attachment 2 - Agreement

67 SYNTHETIC TURF PLAYING FIELD 32 1813 - 6
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Note: All pitcher runways and batters boxes / catcher areas in the baseball / softball fields (as well as the add alternate bullpens) shall be high pile weight (minimum 60 ounce/SY) products (and shall have a low pile PE thatch zone), and shall be constructed of an industry standard velcro system. In addition, Turf Company shall provide a total of eight (8) batter’s box replacement panels, four (4) catcher’s box replacement panels, and six (6) pitcher’s runway replacement panels, as part of the project turnover / project closeout.

B. All bidders must meet all of the qualifications, product specifications and warranty requirements. The turf product shall be one of the following (provided they meet the specification requirements) or approved equal:

1. AstroTurf Rhino Blend. Contact is Dominic Berarducci, Ph: 559-612-9065.

2. FieldTurf Vertex Prime. Contact is Andrew Rowley, Ph: 707-586-2066.

3. Shaw Legion 2.0. Contact is Matt Cohen, Ph: 916-216-9883.

C. The turf product shall consist of two fibers, a monofilament fiber and a slit-film fiber. All fibers shall be low friction, UV stabilized fibers (in accordance with established product standards as identified by the Synthetic Turf Council), and shall be specifically designed to virtually eliminate abrasion.

D. The fiber tufts shall be fanned or unfolded prior to installation, rolling or spiraling is not acceptable.

E. The carpet’s primary backing shall be a double-layered polypropylene fabric treated with UV inhibitors. The secondary backing shall consist of an application of heat-activated urethane to permanently lock the fiber tufts in place.

F. The carpet shall be delivered in 15-foot wide rolls. The perimeter white and yellow lines can be tufted into the individual sideline rolls. The rolls shall be of sufficient length to extend from sideline to sideline. Head seams, between the sidelines, will not be acceptable.

G. All field of play lines shall be inlaid or tufted as noted on the drawings.

H. Thread for sewing seams of turf shall be as recommended by the Synthetic Turf Manufacturer.

I. Glue for inlaying lines and markings shall be as recommended by the synthetic turf manufacturer. Seams between turf panels must be sewn. Inlaid markings may not be installed by means of cutting through the fabric and adhering the colored turf to a separate reinforcing tape or cloth. Rather, inlaid markings (that cannot be tufted into the fabric), shall be installed by means of shearing out the existing fiber and laying in a new piece of colored fabric into a bed of suitable “hot melt” adhesive placed directly on the original turf backing material. Systems that cut through the turf fabric for inlaid lines are not acceptable due to the fact that such a procedure shall weaken the structural integrity of the turf fabric backing.

J.BASE BID: Rubber shall be provided per product specifications and shall either be cryogenically processed or ambient SBR rubber. All rubber shall be a

4.1 Attachment 2 - Agreement

68 SYNTHETIC TURF PLAYING FIELD 32 1813 - 7
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homogeneous color, to be determined, and uniform size, and shall be clean of any impurities or material other than approved rubber.

K.BASE BID and BID ALTERNATE: Sand shall be rounded silica sand and dust free. Coarse jagged sand will not be accepted. Sand shall consist of 65-80% of the total infill material as defined by weight. The sand shall have the following gradation:

Sieves (US Mesh Size) % Retained
16 0
25 10-30
30 30-50
35 15-35
40 5-15
50 <5
70 <1

L.BID ALTERNATE: Infill in addition to sand shall be one of the following:

1. Amorim Organic 201. Contact is Bill Famigleietti, Ph: 262-960-241

2. BrockFill. Contact is David Brown, Ph: 530-575-8976.

3. PureSelect (Olive) – FieldTurf infill. Andrew Rowley, Ph: 707-586- 2066.

4. SafeShell by Motz. Available thru several
distributors. www.themotzgroup.com

Infill shall consist of a resilient layered granular system, comprising selected and graded sand and specified non-SBR. Infill materials must be comprised of virgin materials that do not require a specific moisture content or irrigation to be applied to the infill material.

The Turf Company is responsible for determining the final actual quantities required to achieve the uniform infill depth of not less than 1.25-inches depth in total uniform thickness. Turf infill levels shall not vary more than 0.1-inches at any point within the field, and infill shall be at least 4.5 lbs sand and 1.0 lb non-SBR topping infill per square foot.

M.BASE BID: The Turf Company is responsible for determining the final actual quantities required to achieve the uniform infill depth of not less than 1.25- inches depth in total uniform thickness. Turf infill levels shall not vary more than

0.1-inches at any point within the field. Contractor / Turf Company has the option in the BASE BID The salvaged and re-used sand and SBR rubber shall be supplemented with a new base layer of clean specified sand and a new top layer of clean specified SBR rubber. Anticipated sand and SBR rubber weights per square foot are 3.5 and 2.5 pounds, respectively, for the BASE BID infill mix.

2.02 MANUFACTURED DRAINAGE / SHOCK PAD MATERIAL (for REPLACEMENT

STOCK AS NEEDED)

4.1 Attachment 2 - Agreement

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A. Shall be Brock Gen1 PowerBase (PB2000b3). Contact is Dave Brown, Northern Calif. Brock Sales Manager, phone no. (530) 575-8976. Contractor is recommended to procure 7500 s.f. for replacement panels.

3.HEAVY METALS AND MATERIAL CONTENT

A. The Turf Company will conduct and submit product analysis with the project proposal. Analysis will be presented in the form of current, certified laboratory results using specified standards and processes. Turf Company shall also fill in attached Tables C & D with applicable lab results. For threshold limits, reference Tables A & B below.

Analytical Methodologies: Representative samples of the turf fibers, turf backing, and infill material shall be analyzed for total metals content and semi-volatile organic compounds (SVOCs), as well as select analyses for leachable metals concentrations.

1. Total Metals Analysis: All samples (fibers, infill, backing) shall be analyzed for the California Assessment Manual 17/Title 26 list of metals (CAM 17 metals).

The submitted samples shall be prepared by the laboratory for analysis of total recoverable metals by USEPA method 3050B. The samples shall then be analyzed for total metals concentrations by USEPA method 6010B/7400.

2. Leachable Metals Analysis: Infill samples only shall be analyzed for leachability of selected metals using the California Waste Extraction Test (WET). All samples shall be analyzed by the WET for lead, zinc, and total chromium. For other constituents, if the detected concentrations from the total metals analysis above are greater than or equal to ten times the Soluble Threshold Limit Concentration (STLC) value, as shown on attached Table A in Specification Section 02450, the WET shall be conducted for those individual metals as well.

3. Analysis for SVOCs: All samples (fibers, infill, backing.) shall be analyzed for the SW-846 list of SVOCs. The submitted samples shall be prepared by the laboratory for analysis by USEPA method 3540 or 3550. The samples shall then be analyzed for SVOC concentrations by USEPA method 8270B or 8270C.

Results shall at a minimum include data for aniline (CAS #62-53-3), phenol (108- 95-2) and benzothiazole (95-16-9). Concentrations of SVOCs are to be provided for reference purposes only and are not being evaluated against any particular criteria.

Evaluation Criteria: The detected concentrations of lead, chromium, and zinc in the samples of the turf infill material shall not exceed the threshold values listed in Tables A & B, outlined below for total metals and leachable metals analyses. In no case, shall the total metal concentration of any metal equal or exceed the TTLC values. In addition, concentrations of metals detected in any leachate tests shall not exceed the STLC value (for threshold values, see California Code of Regulations, Title 22, Chapter 11, Article 3.)

TABLE A. Maximum levels of metals permitted for synthetic turf products – recycled styrene butadiene rubber (SBR) infill materials Metal Total metals analysis
(mg/kg)
Leachable metals
analysis (ug/L)
Chromium 750 i 50
Lead 50 2.5

4.1 Attachment 2 - Agreement

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Zinc 23,000 ii 250,000 iii

i. No total chromium value promulgated in ESLs; chromium III value indicated instead. ii. California Human Health Screening Levels (CHHSLs) for soil for residential land use. iii. Selected soluble threshold limit concentration (STLC).

TABLE C (to be completed by Turf Company)
Metal Total metals analysis
(mg/kg)
Leachable metals
analysis
(ug/L)
Chromium
Lead
Zinc

TABLE B. Maximum levels of total metals permitted for synthetic turf products – fibers, underlayment, and backing
Metal Total metals analysis
(mg/kg)
Chromium 25
Lead 50

TABLE D (to be completed by Turf Company)
Metal Total metals analysis
(mg/kg)
Chromium
Lead

4.BROMINATED FLAME RETARDANTS

A. The Turf Company shall provide verification that brominated flame retardants have not been intentionally added in the manufacture of the turf fiber, backing, underlayment or infill materials. Verification can take the form of a signed letter from the manufacturer, or appropriate laboratory analyses of the product proving that levels of elemental bromine are lower than 1% by weight.

PART 3 EXECUTION

1.TURF INFILL SALVAGING AND CLEANING OPERATIONS (BASE BID)

4.1 Attachment 2 - Agreement

71 SYNTHETIC TURF PLAYING FIELD 32 1813 - 10
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A. If Contractor / Turf Company elects to salvage and re-use existing infill, Contractor / Turf Company must remove all infill from the carpet and send the sand and rubber infill to an infill regeneration or similar facility to be cleaned.

B. Infill cleaning facility must separate all particle sizes (sand and rubber particles must be 99% separated) and use a minimum of a two-filter cleaning process.

C. Filtering process must include the following: Fluidized bed dryer, Gravity table, destoner unit, heated and filtered through a system with a minimum of 8000 CFM.

D. All infill that is being reused must be able to be weighed individually to insure proper quantities and weight for re-installation.

E. As an alternative to this process, Contractor / Turf Company can fully remove existing infill and provide new sand and SBR infill materials in the BASE BID.

2.FIELD BASE PREPARATION AND ADJUSTMENTS

F. Contractor shall ensure that the existing perimeter field subdrain trenches beneath the existing drainage / shock pad product are free draining (minimum 50 inches per hour as tested by an acceptable hydraulic ASTM infiltration / permeability test).

G. Contractor is to fine grade and provide planarity of the existing rock base. Contractor is to exercise extreme care not to contaminate the existing subdrain trench drain rock trenches. Intent is just to smooth out any identified inconsistencies in the grade due to operations related to the removal of the old synthetic turf and prior to the re-installation of the drainage /shock pad and turf products. Once fine graded, the rock base shall be checked by the Contractor (under the observation of the Owner representative) by use of a string line method. A mason’s line held taught between two workmen separated by a distance of approximately 100-125 feet, shall be placed directly on the finished surface, parallel to the direction of greatest slope. A third workman shall check for separations between the mason’s line and the finished surface of the crushed rock. Areas of separation shall be outlined with marking paint and the depth of separation indicated. Entire finished surface shall be “walked” with mason’s line in increments of approximately 3-6 feet. No deviation over the string line greater than ½” will be allowed, or 1/8” deviation over a ten foot long straightedge.

H. Once the planarity of the permeable rock base has been reviewed and accepted by the Owner, the Contractor shall re-install the drainage / shock pad product in strict compliance with the manufacturer installation instructions. Contractor to exercise extreme care in order to avoid disturbing the field rock base. Any new panels that are needed to replace compromised or damaged panels or pieces of the drainage / shock pad are to be provided at the Contractor’s sole expense.

I. Contractor to take measures to ensure that the pad product is not exposed to the outdoor elements longer than the manufacturer’s recommendations. Any product that exceeds this time duration shall be removed from the project site immediately and not used on the project.

J. All sections of the pad material shall be interlocked and/or connected to adjacent pieces of the pad material in strict conformance with the manufacturer’s written recommendations.

3.INSTALLING THE SYNTHETIC TURF

A. The installation shall be performed in full compliance with the reviewed and accepted product submittal.

4.1 Attachment 2 - Agreement

72 SYNTHETIC TURF PLAYING FIELD 32 1813 - 11
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B. Only trained technicians, skilled in the installation of athletic caliber synthetic turf systems working under the direct supervision of the approved installer/manufacturer supervisors, shall undertake any cutting, sewing, gluing, shearing, topdressing or brushing operations.

C. The turf contractor shall strictly adhere to the installation procedures outlined in this section. Any variance from these requirements must be submitted to and accepted in writing, by the manufacturer’s onsite representative, and submitted to the Owner, verifying that the changes do not, in any way, affect the warranty.

D. The Turf Company’s installation foreman shall inspect and accept the field’s base, including the permeable crushed rock and drain / shock pad installation. Turf Company shall provide documentation to that effect, prior to the installation of the synthetic grass system. The surface shall be clean as installation commences and shall be maintained in that condition throughout the process.

E. The carpet rolls are to be installed directly over the existing (and replacement panels) shock pad material. No equipment with loads greater than 35 pounds per square inch (35 psi) shall be allowed on the field. As required, Contractor is responsible for altering operations in order to adhere to this requirement. Contractor and synthetic turf installer shall strictly adhere to the written instructions provided by the shock pad manufacturer for installing turf on top of their product. Contractor shall always make sure that those vehicles that go on top of the shock pad are equipped with pneumatic (air-filled) tires, preferably turf tires. These tires are designed to spread loads and minimize damage to surface. Foam Filled or solid tires as well as tires with aggressive lug patterns should not be used on the Brock base, without synthetic turf installed. If possible, use of an A-frame for unrolling of the synthetic turf is strongly recommended.

F. Any cutouts in the synthetic turf shall be per plans. Coordinate all cutouts in turf with Owner’s Representative before cutting turf for utility boxes or other structures.

G. The carpet rolls are to be installed directly over the properly prepared base. Extreme care should be taken to avoid disturbing the base, both in regard to compaction and planarity. It is suggested that a 2 - 5-ton static roller is on site and available to repair and properly compact any disturbed areas of the prepared base.

H. The full width rolls shall be laid out across the width of the field. Utilizing standard state of the art sewing procedures each roll shall be attached to the next. When all of the rolls of the playing surface have been installed, the sideline areas shall be installed at right angles to the playing field turf. GLUING OF ROLLS SHALL NOT BE ACCEPTABLE.

I. The synthetic turf field shall utilize sewn seams. Minimum gluing will only be permitted to repair problem areas, corner completions, and to cut in any inlaid lines as required by the specifications. Seams between turf panels must be sewn. Inlaid markings may not be installed by means of cutting through the fabric and adhering the colored turf to a separate reinforcing tape or cloth. Rather, inlaid markings (that cannot be tufted into the fabric), shall be installed by means of shearing out the existing green fiber and laying in a new piece of colored fabric into a bed of suitable “hot melt” adhesive placed directly on the original turf backing material. Systems that cut through the turf

4.1 Attachment 2 - Agreement

73 SYNTHETIC TURF PLAYING FIELD 32 1813 - 12
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fabric for inlaid lines are not acceptable due to the fact that such a procedure shall weaken the structural integrity of the turf fabric backing. All seams shall be sewn using double bagger stitches and polyester thread or adhered using seaming tape and high grade adhesive (per the manufacturer’s standard procedures). Seams shall be flat, tight, and permanent with no separation or fraying.

J. Contractor to install industrial strength industry-specific velcro systems for the high face- weight insert panels at the baseball and softball high wear areas as called out in item

2.01. These systems shall be durable and stable enough to not move under foot traffic, but be able to be pulled apart and have the bottom receiving Velcro connection remain intact and in place, so that one of the replacement turf panels can replace the worn turf panel.

K. Connections of the existing perimeter synthetic turf edges shall be completed by one of the following two methods:
a. For existing perimeter concrete edges (with recessed edge), use the manufacturer-approved adhesive.
b. For existing header boards, use industrial staples (min. depth embedment is one inch (1”) at maximum 4 inch (4”) on center staple spacing.

L. The new (BASE BID and BID ALTERNATE) and re-used infill materials (BASE BID) shall be applied in thin lifts. The turf shall be brushed as the mixture is applied. The infill material shall be installed to a depth as specified in this section. The mix shall be uniform and even in thickness to assure proper playing characteristics.

M. The infill materials shall be installed to fill the voids between the fibers and allow the fibers to remain vertical and non-directional. The infill shall be placed so that there is not more than a ¾” void to the top of the fibers.

N. At near Substantial Completion of the synthetic turf fields, the turf contractor shall test for shock absorbency. The turf contractor and/or manufacturer shall pay for an independent testing laboratory accredited for such tests (who shall be pre-approved by the Owner). All testing and analysis of findings shall be completed by qualified persons utilizing correct techniques. The laboratory shall provide the necessary testing data to the Owner that verifies the finished field meets or exceeds the required shock attenuation. The G-max range shall be between 80 and 160 for the life of the warranty, as determined by the ASTM F355A and F1936 test procedures. Any test results that do not meet the requirements of this specification or if any one test value is greater than ten percent (10%) greater in variance as specified in 3.03-G, then the Contractor’s field installer shall address the failed test area, be required to retest the entire field as stated above, and conform to these requirements prior to the issuance of the Certificate of Substantial Completion.

3.04 MAINTENANCE & WARRANTY

A. The turf installer and/or the turf manufacturer must provide the following prior to Final Acceptance and the Owner filing the Project Notice of Completion:

1. The turf manufacturer shall provide the written warranty for the project per the minimum requirements identified in this specification section. Submit Manufacturer Warranty and ensure that forms have been completed in Owner's

4.1 Attachment 2 - Agreement

74 SYNTHETIC TURF PLAYING FIELD 32 1813 - 13
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name and registered with Manufacturer and Insurance Carrier. Submit information confirming that the third-party insurance policy, non-cancelable and pre-paid, is in effect covering this installation, and underwritten by a Best “A” Rated Insurance Carrier. Insurance carrier must confirm that the policy is in force and premiums paid.

2. The date of all warranties commence on the date the Owner’s governing body has formally accepted the project.

3. Three (3) copies of Maintenance Manuals, which will include all necessary instructions for the proper care and preventive maintenance of the turf system, including painting and markings.

4. Project Record Documents: Record actual locations of seams and other pertinent information.

5. Upon completion of the field installation, the turf installation contractor shall have some supervisory personnel provide a minimum three (3) hour field training seminar with the Owner on how to care for the field. At a minimum, seminar shall include a demonstration of how to care for the field, review the entire provided maintenance manual (including the proper procedure for removal of gum and other debris) and answer any questions.

6. Turf Company shall provide all high face weight velcro’d replacement panels as called out in item 2.01,

B. Turf Manufacturer shall be responsible for the testing of the G-max levels of the installed synthetic turf at the completion of years two, four, six, and three months prior to the completion of year eight.

1. If any of these tests do not fall within the G-max range as specified in this specification section, the Manufacturer will be required to modify the field composition to the sole satisfaction of the Owner so that it falls within the target G-max range.

2. All costs associated with such work shall be borne solely by the Manufacturer and/or installer.

3. Any failed test shall be retested to verify that the field meets the specifications.

4. All testing shall be paid by the Manufacturer and/or installer.

5. All testing shall be completed by an independent testing laboratory accredited for such tests, and shall be pre-approved by the Owner.

6. All testing and analysis of findings shall be completed by qualified persons utilizing the required techniques outlined in the ASTM F355 test standard.

C. Included in its bid, the Turf Company shall provide a comprehensive maintenance service contract for the duration of the manufacturer’s warranty, but not less than 8- years. The Turf company shall provide two maintenance visits per year for the entirety of the 8 year warranty as part of this proposal (for an entirely of 16 visits). Each maintenance service visit shall be scheduled at least 30 days in advance at the City’s request to allow for City program coordination and shall include the following:

5. One (1) SMG Sportchamp grooming session including:
d. A general sweeping to remove foreign objects such as dirt, leaves, bird droppings, gum and other debris that may collect on the field surface. e. A deep groom, sweep and rejuvenation to de-compact infill and in an effort to maintain appropriate G-Max levels, as well as clean the infill from deleterious matter contaminating the infill material.  All accumulated

4.1 Attachment 2 - Agreement

75 SYNTHETIC TURF PLAYING FIELD 32 1813 - 14
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Updated 1/18/2022
debris and contaminating material shall be off-hauled and disposed of in a legal manner by the Turf Company.
f. Minor repairs (sewing/adhesive failures, inlay separation, and general workmanship) as needed shall be completed by the Turf Company for items found relating to the synthetic surface.

6. Overall analysis and inspection of the field and its applicable systems, including fiber wear analysis, ultraviolet degradation, infill depth and consistency, infill migration, field edging attachments, sewn and glued seams, line verification and field inserts (inlays).

7. Minor repairs (sewing/adhesive failures, inlay separation, and general workmanship) as needed, of items found relating to the synthetic surface.

END OF SECTION

4.1 Attachment 2 - Agreement

76 4.1
Attachment 3 - FieldTurf USA, Inc Bid Submittal

77 Note: FieldTurf's bid schedule contains rounding errors. The corrected numbers are shown in red.
$74,422.50
$114,114.50
$533,857.40
$11,758.50

4.1 Attachment 3 - FieldTurf USA, Inc Bid Submittal

78 $915,526.90

4.1 Attachment 3 - FieldTurf USA, Inc Bid Submittal

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91 4.1
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92 4.1
Attachment 3 - FieldTurf USA, Inc Bid Submittal

93 DATE: May 22, 2023
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
Marlene Subhashini, Assistant City Manager
FROM: Sofia Mangalam, Community Development Director
Leslie Carmichael, Consulting Planner
DEPARTMENT: Community Development
SUBJECT: HOUSING ELEMENT UPDATE FOR 2023-2031

RECOMMENDATION
It is recommended that the City Council take the following actions related to the Housing Element Update for 2023-2031:
•Adopt a Resolution certifying the Final Environmental Impact Report (EIR) for the Foster City Housing and Safety Elements Update (SCH# 2022010509), adopting environmental findings, adopting a Statement of Overriding Considerations, and adopting a Standard Conditions of Approval and Mitigation Monitoring and Reporting Program SCAMMRP (EA2021-0004);

•Adopt a Resolution:
•Adopting a General Plan Amendment to rescind the 2015-2023 Housing Element and adopt the Housing Element of the General Plan for the period 2023-2031 (GP2020-0002);
•Adopting amendments to the Land Use and Circulation Element of the General Plan, including (GP2022-0001):
oAmending or adding the Land Use Plan Designation descriptions for Two- Family Residential, Service Commercial with Housing, Apartment / Neighborhood Commercial, and Civic Center Mixed Use; and oAmending the Land Use Map Designations for:

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94 ▪Foster’s Landing (700 Bounty Drive, APN: 094-980-070) from Condominium Residential to Civic Center Mixed Use; and
▪1601 Beach Park Boulevard (APN: 094-211-550) from Public/Semi- Public to Two-Family Residential.
•Introduce by title only and waive further reading of an Ordinance adopting amendments to the Foster City Zoning Map, including:
oFoster’s Landing (700 Bounty Drive, APN: 094-980-070) to change the zoning designation from R-3/PD Medium Density, Multiple Family Residence District/Planned Development to CM/PD, Commercial Mix/Planned Development District (RZ2023-0001); and
oEaves Apartments (700 Marlin Avenue, APN: 094-141-010) to change the zoning designation from R-3 Medium Density, Multiple-Family Residence District to R-4/PD High Density, Multiple-Family/Planned Development District (RZ2023-0001); and
o1601 Beach Park Boulevard (APN: 094-211-550) to change the zoning designation from PF Public Facilities to R-2/PD Two-Family Residence District/Planner Development (RZ2023-0001); and
o1010 Metro Center Boulevard (APN 094-281-010) including an amendment to the Foster City Zoning Map to modify the previously approved General Development Plan for the ±100-acre lands known as Metro Center in the C- 2/PD (General Business/Planned Development) District to a C-2/PD (General Business/Planned Development) District with an amended General Development Plan to allow commercial use – or -- mixed commercial/residential use up to 222 dwelling units at 1010 Metro Center Boulevard in Town Center Neighborhood (TC). (RZ2023-0002).

•Introduce by title only and waive further reading of an Ordinance adopting amendments to Title 17, Zoning, of the Foster City Municipal Code, including:
oAmend Chapter 17.14, R-2 Two-Family Residence to allow one dwelling unit per 3,350 square feet of lot area for consistency with the General Plan Density of 13 units per acre; and
oAmend Chapter 17.82 Emergency Shelters, Low-Barrier Navigation Centers, and Supportive Housing for consistency with State law.

EXECUTIVE SUMMARY
The Housing Element is an integral part of the Foster City General Plan that serves to identify the community’s housing needs, state the community’s goals and objectives with regard to housing production, rehabilitation, and conservation to meet those needs and define the policies and programs that the community will implement to achieve the stated goals and objectives.

The Housing Element must also meet extensive State requirements. Since the last Housing Element Update in 2015, many statewide housing bills have passed, with goals ranging from addressing segregation, to housing accountability, and climate resiliency.

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95 These new requirements have made this Housing Element Update more extensive, including:
•Affirmatively Furthering Fair Housing, AFFH.

Assembly Bill 686 (AB 686), passed in 2018, created new requirements for jurisdictions to affirmatively further fair housing. According to AB 686, affirmatively furthering fair housing means to take “meaningful actions, in addition to combating discrimination, which overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics” and is Federally mandated by the 1968 Fair Housing Act.

The four main goals are to:
oAddress significant disparities in housing needs and in access to opportunity.
oReplace segregated living patterns with truly integrated and balanced living patterns.
oTransform racially and ethnically concentrated areas of poverty into areas of opportunity.
oFoster and maintain compliance with civil rights and fair housing laws. •Public Comment on Draft Revisions.

Assembly Bill (AB) 215 (2021), requires local governments to make the first draft revision of their housing element update available for public comment for at least 30 days. Further, if any comments are received, a local government must take at least ten additional business days to consider and incorporate public comments into the draft revision before submitting to HCD for review and comments. HCD must review the draft and report its written findings to the local government within 90 days of receiving the first draft submittal for each housing element revision or within 60 days of its receipt for a subsequent draft amendment or adoption. The City has complied with all of these requirements.
•Sites Inventory.

An inventory of housing sites that provides capacity for the Regional Housing Need Allocation (RHNA) of 1,896 units plus a buffer. New laws include additional requirements regarding inclusion of non-vacant sites and to determine the realistic capacity of sites.

Prior to adopting their housing elements for every planning cycle, municipalities including Foster City are required to submit the draft housing element to the State Department of Housing and Community Development (HCD) at least 90 days prior to adoption. HCD is required by state law to make findings and provide comments on the draft element, and municipalities are required to consider these findings prior to adopting the housing element. Once adopted, the housing element must be resubmitted to HCD for post- adoption findings and certification.

The Draft Housing Element Update has been shaped by extensive public engagement, public review of several draft versions, two (2) comment letters from HCD, and direction

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96 from the Planning Commission and City Council. The Draft Housing Element Update includes goals, policies, and programs to address housing needs as well as a Sites Inventory that provides capacity for the 1,896 units in the RHNA for the 2023-2031 Planning Period. The Sites Inventory relies on non-vacant sites, primarily existing apartment properties that have capacity for additional units.

The City Council is requested to take several actions related to the Housing Element Update:
•Certify the EIR and adopt environmental findings, adopt a Statement of Overriding Considerations, and adopt a Standard Conditions of Approval and Mitigation Monitoring and Reporting Programs;
•Adopt a General Plan Amendment to:
oRepeal the existing Housing Element for 2015-2023 and adopt the Housing Element Update for 2023-2031;
oAdopt amendments to the Land Use and Circulation Element to update the descriptions of Land Use Map designations for Two-Family Residential, Service Commercial with Housing, Apartment/Neighborhood Commercial, and Civic Center Mixed Use;
oAdopt amendments to the Land Use Map for:
▪Foster’s Landing to change the designation from Condominium Residential to Civic Center Mixed Use;
▪1601 Beach Park Boulevard to change the designation from Public/Semi-Public to Two-Family Residential;
•Introduce an Ordinance making changes to the Foster City Zoning Map for:
oFoster’s Landing to change the zoning designation from R-3/PD to CM/PD; oEaves Apartments to change the zoning designation from R-3 to R-4/PD; o1601 Beach Park Boulevard to change the zoning designation from PF to R-2/PD.
•Introduce an Ordinance making changes to the Foster City Zoning Map to change the General Development Plan for Metro Center to allow either commercial use or a mix of commercial and residential use up to 222 units at 1010 Metro Center Boulevard;
•Introduce an Ordinance making changes to Title 17, Zoning, of the Foster City Municipal Code to:
oChapter 17.14 Two-Family Residence District to allow 13 units per acre; oChapter 17.82 Emergency Shelters, Low-Barrier Navigation Centers, and Supportive Housing to change the maximum number of shelter beds from 20 to 25.

BACKGROUND
The City of Foster City has been working on the Housing Element Update for 2023-2031 (Housing Element Update) for nearly three (3) years. The Housing Element Update has been informed by an extensive analysis of housing needs and constraints as required by

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97 state law as well as substantial community input. Public engagement was initiated in 2020 through City Council and Planning Commission meetings. Further community engagement, workshops, and public meetings took place from 2020 through 2023 including a total of twenty-nine (29) public meetings. These efforts led to the publication of the first Draft Housing Element Update on May 4, 2022, for a 30-day public comment period (per the requirements of AB 215).

In July 2022, the City submitted its Draft Housing Element Update to HCD for review.

Subsequently, City received the first comment letter from HCD on October 3, 2022.

Changes were incorporated into the Draft Housing Element Update dated February 16, 2023, in response to HCD and public comments (see Exhibit B to Attachment 2). On February 24, 2023, City submitted the revised Draft Housing Element Update to HCD (available at www.engagefostercity.org/housing-element).

A second comment letter from HCD was received on April 24, 2023 (Attachment 8).

Appropriate responses to these comments are contained in Exhibit C to Attachment 2 and were incorporated into the revised Draft Housing Element Update dated May 1, 2023.

Staff had a virtual meeting with HCD on May 1, 2023, to discuss the April 24, 2023, comment letter and City’s proposed response. HCD suggested further revisions/edits to the Draft Housing Element Update. HCD’s additional requested revisions were noted to the Planning Commission at the Planning Commission Public Hearing on May 04, 2023, and have been incorporated into Exhibit C to Attachment 2.

Additional edits to the Draft Housing Element Update in response to HCD comments and as recommended by the Planning Commission, have been incorporated into a revised Draft Housing Element Update dated May 15, 2023 (Exhibits D and E to Attachment 2).

All the versions of the Draft Housing Element Update are posted on the webpage, www.engagefostercity.org/housing-element. The Draft Housing Element Update 2023- 2031, dated May 15, 2023, is the most updated version that is recommended for City Council adoption.

As part of the Housing Element Update efforts, an EIR was completed and reviewed by the public and stakeholders. The EIR includes an analysis of the Housing Element Update and the Safety Element Update. While the Safety Element Update will be brought forward at a later date for consideration by the Council, major components of the Safety Element Update include analysis for potential circulation, evaluation, and roadway capacity related to the Housing Element Update. Therefore, it was appropriate to include analysis of any potential environmental impacts of the Safety Element as part of the EIR. The Draft EIR was made available to the public from February 16, 2023, through April 2, 2023 online and at the Foster City Library, and 15 public comments plus comments from the five Planning Commissioners were received. Responses to Comments (RTC) have been completed and made available online on April 21, 2023. The EIR disclosed that there are significant unavoidable impacts, even with mitigation measures applied, to resource areas such as Traffic and Transportation, Utilities (specifically Water Supply), and Aesthetics.

Other resource areas would have less than significant impacts under the California Environmental Quality Act (CEQA) with standard conditions of approval per local and

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98 regional requirements and mitigation measures identified as part of the EIR process. The EIR also includes an analysis of alternatives and determined that the “no-project alternative” would be considered the “environmentally superior alternative” but would not meet the project’s objectives. Consistent with CEQA and the State CEQA Guidelines, a Statement of Overriding Considerations is recommended explaining the specific reasons why the social, economic, legal, technological, or other beneficial aspects of the proposed project, including region-wide or statewide environmental benefits, outweigh the unavoidable adverse environmental impacts and why the City as the “Lead Agency” for purposes of CEQA is willing to accept such impacts, as provided in Exhibit A to Attachment 1.

May 04, 2023, Planning Commission Public Hearing
The Planning Commission considered the Draft Housing Element Update for 2023-2031, EIR, and related General Plan and zoning amendments at a Public Hearing on May 4, 2023 (See Attachment 10, Planning Commission Staff Report).

The Planning Commission recommended City Council approval by adoption of the following Resolutions (see Attachment 9):
•P-03-23: Recommend certification of EIR, adoption of environmental findings, adoption of Statement of Overriding Considerations, and adoption of SCAMMRP – EA2021-0004 (Votes 3-1)
•P-04-23: Recommend adoption of General Plan Amendment including further revisions (described in more detail below) – GP2020-0002 and GP2022-0001 (Votes 4-0)
•P-05-23: Recommend adoption of Zoning Map Amendments – RZ2023-0001 (Votes 4-0)
•P-06-23: Recommend adoption of Zoning Map Amendment to revise Metro Center General Development Plan including further revisions (described in more detail below) – RZ2023-0002 (Votes 4-0)
•P-07-23: Recommend adoption of Zoning Text Amendments including further revisions (described in more detail below) – RZ2023-0003 (Votes 4-0)

With the culmination of a nearly three (3) years extensive planning effort on the Housing Element Update for 2023-2031, the City Council is now requested to adopt the Housing Element Update for 2023-2031 and take related actions. Staff and the Planning Commission recommend the certification of the EIR and all components of the environmental analysis, approval of the General Plan Amendment (GPA) to repeal the 2015-2023 Housing Element, adoption of the new Housing Element Update, and approval of multiple General Development Plan amendments and Municipal Code text and Zoning Map changes to implement the new Housing Element Update.

Staff recommends that the City Council take these actions with the understanding that additional “wordsmithing” or non-substantive changes to the Housing Element may be made, as stated in the recommended Resolution (Attachment 2) as follows:

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99 “That the Community Development Director or designee is directed to file all necessary material with HCD for the Department to find that the Housing Element is in conformance with Housing Element Law and is further directed and authorized to make all non-substantive changes to the Housing Element to make it internally consistent or to address any non-substantive changes or amendments requested by HCD to achieve certification.”
Noticing / Public Outreach
As adoption of the Housing Element constitutes an amendment to the City’s General Plan, there are certain public hearing and noticing requirements that apply under state law. The City has complied with these requirements as noticing was provided in compliance with Government Code sections 65355 and 65090. See section below on “Overview of Outreach for Housing Element” for additional information.

The public was advised of this Public Hearing in the following ways:
•Public Posting Places – May 10, 2023
•Foster City Website: www.fostercity.org – May 10, 2023 •Housing Element Update Website: https://engagefostercity.org/housing-element - - May 10, 2023
•Email Notification to Listservs for Housing Element, Planning, Affordable Housing Updates, AHOZ/Multi-Family Design Standards, Gilead Project, Harbor Cove, Land Use and Circulation Update, Lantern Cove Apartments – May 10, 2023 •Full page ad in the San Mateo Daily Journal – May 10, 2023 •Full page ad in the Foster City Islander – May 17, 2023 •Mailed notice to property owners and property owners within 300’ of properties noticed for General Plan Land Use or Zoning changes
•Posted notice on the subject properties: Foster’s Landing Apartments, Eaves Apartments, 1601 Beach Park Boulevard, and 1010 Metro Center Boulevard – May 11, 2023
Additional public comments were received after publication of the May 1, 2023, Draft Housing Element, which have been added to Appendix F, Public Participation, in the most recent Draft Housing Element Update (Attachment 2, Exhibits D and E).

Housing Element Requirements

Under the Housing Element State Law (California Government Code Section 65580- 65589.8), local jurisdictions are required to update the Housing Element of their General Plan every eight (8) years to adequately plan for the regional housing needs for residents of all income groups. Housing Elements are required to contain a series of goals, policies, and implementing programs that are intended to promote housing production within a community. These goals, policies, and programs are required to be accompanied by a list of eligible land resources and Sites Inventory identified for planned residential

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development to accommodate the State-mandated Regional Housing Needs Allocation or RHNA. The existing Housing Element for the 2015-2023 Planning Period covers the fifth cycle of the RHNA process, referenced as RHNA 5; the proposed Draft Housing Element 2023-2031 covers the sixth cycle, referenced as RHNA 6. Housing Elements are reviewed by HCD.

One of the most significant changes in Housing Element Law for the RHNA 6 cycle concerns fair housing. AB 686 requires that all housing elements due on or after January 1, 2021, contain an Assessment of Fair Housing (AFH) consistent with the core elements of the analysis required by the federal Affirmatively Furthering Fair Housing (AFFH) Final Rule of July 16, 2015. Under State law, AFFH means “taking meaningful actions, in addition to combating discrimination, which overcomes patterns of segregation and fosters inclusive communities free from barriers that restrict access to opportunity based on protected characteristics” per Government Code Section 8899.50(a)(1). The four (4) main goals of AFFH are to:

•Address significant disparities in housing needs and in access to opportunity; •Replace segregated living patterns with truly integrated and balanced living patterns;
•Transform racially and ethnically concentrated areas of poverty into areas of opportunity; and
•Foster and maintain compliance with civil rights and fair housing laws.

Regional Housing Needs Allocation (RHNA)

A community’s RHNA represents the number of housing units at various income levels that are needed to meet the community’s housing needs during the eight-year planning period. RHNA numbers are determined by a methodology established by the State of California’s Department of Finance (DOF) and HCD. HCD then assigns RHNA numbers to each region of the State. In the case of the San Francisco Bay Area, the Association of Bay Area Governments (ABAG) receives HCD’s assignments and determines each local jurisdiction’s fair share of housing units. The ABAG RHNA webpage describes the process that was utilized for developing the methodology and providing opportunities for public input and appeals. Each jurisdiction must then update the Housing Element to show the locations where future housing can be built to accommodate the RHNA and discuss strategies necessary to meet the community’s housing needs.

Foster City’s assigned RHNA for the 2023-2031 planning period is listed in Table 1, below.

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Table 1: Foster City Regional Housing Needs Allocation, 2023-2031

Income Category Units Percent of Total
Very Low-Income (0-50% AMI) 520 27%
Low-Income (51-80% AMI) 299 16%
Moderate-Income (81-120% AMI) 300 16%
Above Moderate-Income (Over 120% of AMI) 777 41%
Total 1,896 100%

California Department of Housing and Community Development (HCD) Review The first draft of the Housing Element Update was forwarded to HCD for review on July 5, 2022, for the initial 90-day review period. In September 2022, staff had a call with HCD to discuss their preliminary comments. On October 3, 2022, the City received a letter with HCD’s comments on the submitted Draft Housing Element Update.

Revisions were made to the Draft Housing Element Update in response to HCD’s comments as well as public comments and direction from the Planning Commission and City Council. After posting the revised Draft Housing Element Update for public review on February 6, 2023, and posting a further revised Draft Housing Element Update on February 16, 2023, the revised Draft Housing Element was forwarded to HCD on February 24, 2023, for a second review period of 60-days with a comment letter due from HCD by April 25, 2023.

A second comment letter from HCD was received on April 24, 2023 (Attachment 8). Staff included appropriate responses to address these comments in the attachments provided to the Planning Commission, contained in Exhibit C to Attachment 2, and incorporated changes into a revised Draft Housing Element Update dated May 1, 2023. On May 01, 2023, staff had a virtual meeting with HCD staff and received verbal feedback which prompted further revisions to the Draft Housing Element Update.

Subsequently, staff made the changes in the Draft Housing Element Update following the Planning Commission Public Hearing on May 4, 2023, as directed by the Planning Commission (Exhibits D and E to Attachment 2). These changes are described below for each chapter of the Housing Element Update. As explained earlier in the report, Staff recommends that the City Council adopt the Housing Element Update with the understanding that additional “wordsmithing” or non-substantive changes may be made as staff continues to work with HCD and as stated in the recommended resolution.

Zoning Amendments Adopted in January 2023

Several Zoning and General Plan amendments are a portion of the actions that are necessary to implement policies and programs contained in the RHNA Cycle 6 Housing Element Update for 2023-2031. The initial group of changes needed was adopted in January 2023. These actions included:

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•Zoning actions for “carry-over” housing sites identified in the Sites Inventory in the RHNA 5 Housing Element and also in the RHNA 6 Housing Element. oHarbor Cove Apartments
oFranciscan Apartments
oSand Cove Apartments
oThe Lagoons Apartments
•Amend Chapter 17.04, Definitions for Employee Housing; Manufactured Home; Navigation Center, Low Barrier; Supportive Housing;
•Amend Chapter 17.12, R-1 Single Family Residence District •Amend Chapter 17.14, R-2 Two Family Residence District •Amend Chapter 17.16, R-T Townhouse Residence District
•Amend Chapter 17.18, R-3 Medium Density, Multiple-Family Residence District •Amend Chapter 17.20, R-4 High Density, Multiple-Family Residence District •Amend Chapter 17.22, C-O Commercial Office District
•Amend Chapter 17.24, C-1 Neighborhood Business District •Amend Chapter 17.26, C-2 General Business District
•Amend Chapter 17.28, C-M Commercial Mix District
•Amend Chapter 17.32, Public Facilities District
•Amend Chapter 17.36, PD Planned Development Combining District •Amend Chapter 17.55, Replacement Units
•Rescind Chapter 17.56, Floor Area Standards
•Amend Chapter 17.70, Nonconformity Uses
•Amend Chapter 17.78, Accessory Dwelling Units
•Amend Chapter 17.82, Emergency Shelters, Low Barrier Navigation Centers, and Supportive Housing
•Add Chapter 17.94, By Right Housing Overlay Combining District

General Plan and Zoning Consistency

Several zoning amendments for consistency with recent changes in State law and to be consistent with the updated Draft Housing Element Update were adopted in January 2023, as listed above. The proposed General Plan Amendment contained in the attached Resolution (Attachment 2) would repeal and replace the 2015-2023 Housing Element and make some accompanying amendments to the Land Use and Circulation Element to ensure consistency. Additional zoning amendments are proposed below for consistency with the Housing Element Update and are described in more detail below (Attachments 3, 4, and 5).

Furthermore, the Safety Element is in preparation and anticipated to be ready for adoption in early summer 2023.

Overview of Public Outreach for Housing Element Update and Related Efforts

In 2020, the City launched a Housing Element Update webpage with basic information and an invitation for people to sign up for a notification list to stay involved. Since that

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time, the City has used a variety of methods for gathering community input. The list below summarizes the public outreach related to the Housing Element Update and related efforts. Additional information is included in Chapter 7 and Appendix F of the Housing Element. The City Council Public Hearing on May 22, 2023 is the 29 th public meeting related to the Housing Element.
• October 7, 2019: City Council Meeting – RHNA and subregion • September 21, 2020: Joint City Council/Planning Commission Study Session – discuss local and regional housing framework.
• March 24, 2021: Joint City Council/Planning Commission meeting – housing subject matter experts: Nicole Sandkulla, CEO and General Manager, Bay Area Water Supply and Conservation Agency (BAWSCA); David Driskell, Baird+Driskell Community Planning; Dan Carrigg, Senior Policy Advisor, Renne Public Policy Group (RPPG); Jonathan Sutter, P.E., Senior Engineer, EKI Environment & Water, Inc.; and Matt Goyne, Senior Associate, Fehr & Peers, Transportation Consultants. •April 13, 2021: San Mateo Countywide Community Meeting. • April 14, 2021: Joint City Council/Planning Commission Meeting – Housing Element workplan.
•April 22, 2021: Countywide Community Meeting.
• June 7, 2021: City Council Meeting to discuss RHNA appeal process. • July 15, 2021: Planning Commission Study Session to discuss housing needs. •September 27, 2021: 21 Elements Countywide Listening Session #1 (Fair Housing).
•September 28 and 30, 2021: Two (2) Community Workshops. •October-December 2021: 21 Elements 4 part Let’s Talk Housing Webinar. •October 18, 2021: 21 Elements Countywide Listening Session #2 (Housing Advocates).
•November 1, 2021: 21 Elements Countywide Listening Session #3 (Builders/Developers).
• November 1, 2021: City Council Meeting – Report on Community Workshops. • December 13, 2021: City Council meeting for RFP for EIR. •February 7, 2022: City Council meeting – award of EIR contract •February 16, 2022: New website launched ( https://engagefostercity.org/housing- element) with updates, timelines, document links, interactive map/sites survey; Housing Preferences and Priorities Survey
• February 17, 2022: Planning Commission Meeting on scope of EIR. • March 2, 2022: Joint City Council/Planning Commission Study Session – progress update on Housing Element, sites, and policies.
• April 21, 2022: Joint City Council/Planning Commission Meeting – review Preliminary Public Review Draft Housing Element.
•May 4, 2022: Published Public Review Draft Housing Element. • May 17, 2022: Joint City Council/Planning Commission Meeting – review Public Review Draft Housing Element.

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• November 15, 2022: Joint City Council/Planning Commission Study Session – review HCD comments and strategies for responding.
• December 1, 2022: Planning Commission Meeting to consider zoning actions. • January 9, 2023: City Council Special Meeting to consider zoning actions. •February 6, 2023: Published Revised Public Review Draft Housing Element. •February 16, 2023: Published Revised Public Review Draft Housing Element. • March 16, 2023: Planning Commission meeting on adequacy of Draft EIR. • May 04, 2023: Planning Commission meeting on recommending adoption of the Housing Element.

Public Comments for the Housing Element Update

Community engagement has shaped the Draft Housing Element Update as described in Chapter 7, Public Participation and Appendix F, Public Participation. This chapter summarizes the various extensive outreach activities as well as what input was received from these outreach activities. Chapter 7 also summarizes how public input was incorporated into the Housing Element Update. See Appendix F for more detailed information on the public comments received.

ANALYSIS
Housing Element Update

The sections below summarize the requirements and contents for the different chapters of the Housing Element Update. Edits made to the Draft Housing Element Update in response to HCD letter received on April 24, 2023 are noted with yellow highlights.

Additional edits made to the Draft Housing Element Update pursuant to the discussion at the Planning Commission meeting of May 4, 2023, are noted below and in Draft Housing Element Update dated May 15, 2023, with green highlights.

Housing Needs

The Housing Element must examine demographic, employment and housing trends and conditions and identify existing and projected housing needs of the community, with attention paid to special housing needs, such as large families and persons with disabilities. This section includes the City’s RHNA as determined by the regional planning body (ABAG) in partnership with HCD.

Chapter 2 and Appendix A of the Housing Element Update contain the information on housing needs. Foster City is becoming more diverse with no one racial group making up a majority of the population. The City has a mix of housing types that are well distributed throughout the City. The largest need is for more affordable housing. Additional information was provided in Appendix A in response to HCD comments of April 24, 2023 regarding cost burden, including cost burden by tenure (renter/owner), cost burden by income level, and geographic distribution of cost burden. Local knowledge from City staff was added regarding housing conditions. Information was added explaining measures

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the City has taken to address special housing needs. Following the May 4, 2023 Planning Commission meeting, the table containing the Housing Needs Action Plan at the end of Chapter 2 and Appendix A was updated to reflect changes to various programs including more specific targets and dates.

Affirmatively Furthering Fair Housing (AFFH)

AB 686, passed in 2018, created new requirements for jurisdictions to affirmatively further fair housing as part of the Housing Element Update process. These requirements found in Government Code Section 8899.50 are intended to address racial inequalities seen today throughout the Bay Area, which developed through historical policies and practices enacted at federal, state, regional, and local levels and across the public and private sectors.

Chapter 3 and Appendix B address the AFFH requirements described above. The City collaborated with Root Policy Research, 21 Elements, ABAG, and UC Merced to complete a full assessment and outreach plan, including an analysis of the history of the region and City regarding fair housing. The analysis found that where there are concentrations of an ethnic group, it is of Asian residents, although there is significant diversity within the Asian population, with large proportions of Chinese and Asian Indian.

Barriers to housing choice are primarily due to the high costs of housing. Discrimination was reported in sales and rental transactions by people of color, people with disabilities, and people using Housing Choice vouchers.

More detailed information was included in response to HCD’s comments of April 24, 2023 regarding many factors, including potential for displacement, fair housing complaints, trends over time and patterns across census tracts for many factors, disparities in access to education and jobs, and access to transit.

On May 4, 2023, the Planning Commission’s recommendation in Resolution P-04-23 included changes to Chapter 3 to incorporate the key findings from Appendix B.

Summary of Edits made to Draft Housing Element Update after May 04, Planning Commission Meeting

•Additional information was added to Appendix B, Section 6 Sites Inventory Analysis, to analyze the potential impact of the sites in the Sites Inventory by census tract in order to determine if any geographic targeting of programs is warranted. •Geographic targeting is added for two programs: H-F-1-j Public Investment in Accessibility to target census tracts with higher percentages of people with disabilities and H-B-2-a Lower-Income Homeowner Rehabilitation Loans and H-B- 2-b Facilitate Non-Profit Rehabilitation Maintenance Assistance to target census tracts with high percentages of cost burdened homeowners. •A new table “RHNA Distribution by Census Tract with Socio-Economic Factors was added.

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•A new table “AFFH Meaningful Action Matrix” was included to identify the programs that respond to AFFH issues together with their timeline, metrics, and any geographic targeting.
•A summary of this analysis was also added to Chapter 3 Affirmatively Furthering Fair Housing.
•The table containing the Fair Housing Action Plan at the end of Chapter 3 and Appendix B was updated to reflect changes to various programs including more specific targets and dates.

Housing Constraints

The Housing Element must analyze and recommend remedies for existing and potential governmental and nongovernmental barriers to housing development. Chapter 4 and Appendix C contain the analysis regarding housing constraints. A significant constraint for the production of additional housing is water supply. A Water Supply Assessment (WSA) was performed that found that although sufficient water supply is projected in normal and wet years, there is not sufficient water supply during single-dry and multiple- dry years with or without additional housing growth. Housing Policy H-A-4 Adequate Water Supply and Sewer Capacity for new Housing Development as well as Program H- A-4-a Adequate Water Supply call for the City to work with Estero Municipal Improvement District (EMID) to develop water conservation requirements and/or increased water supply that will ensure sufficient water capacity to accommodate the RHNA. The EMID Board adopted Resolution No. 3713 on March 20, 2023, directing staff to prepare an ordinance implementing a Water Neutrality Growth Policy Framework. A Water Neutrality Growth Ordinance was introduced and adopted on May 1, 2023.

Additional information on housing constraints was provided in response to HCD comments regarding land use controls, parking, fees, permit processing, and inclusionary requirements.

Summary of Edits made to Draft Housing Element Update after May 04, Planning Commission Meeting
Additional information was added to Appendix C Constraints regarding:
•Revised program to make development project approval findings more objective. •Expanded description of the inclusionary housing requirements to include alternatives, incentives, and working with density bonus law. •Expanded description of community care regulations and their compliance with State law
•Reference to proposed amendment to change emergency shelter limit on maximum beds from 20 to 25.
•The table containing the Constraints Action Plan at the end of Chapter 4 and Appendix C was updated to reflect changes to various programs including more specific targets and dates.

Housing Resources and Sites Inventory

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Resources to provide additional housing include both physical sites as well as financial and administrative resources. Jurisdictions must identify locations of available sites for housing development or redevelopment to demonstrate there is enough land zoned for housing to meet future needs at all income levels. The standards for designating adequate sites were substantially changed for the RHNA 6 cycle, particularly for non- vacant sites. Chapter 5 and Appendix D include the information on resources and sites.

On May 4, 2023, the Planning Commission’s recommendation in Resolution P-04-23, in response to the HCD letter of 4/24/23, included a reduction in the estimated capacity for Franciscan Apartments (from 104 to 83) and Lagoons Apartments (from 161 to 121..

The revised Sites Inventory is included in Table 2, below with the edits recommended by the Planning Commission on May 4, 2023 shown with green highlights.

Table 2: Sites Inventory

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Summary of Edits made to Draft Housing Element Update after May 04, Planning Commission Meeting
Additional analysis of the sites was included in response to HCD comments before and after the Planning Commission Public Hearing in response to HCD’s comments. All of Foster City’s sites are non-vacant and therefore pursuant to recent legislation, the City must explain why the existing uses are not a significant impediment to development of additional housing.
•Additional narrative was included for some of the sites. •Sub-headings were added to the discussion of each site in Appendix D to make it easier to find the required information.

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•Table 14 of Appendix D, Progress in Meeting the RHNA was amended to include latest updates on the status of sites.
•A reduction in the estimated capacity for Franciscan Apartments and Lagoons Apartments.
•The section on the AFFH analysis of the Sites Inventory references the programs proposed for geographic targeting described above.

The required findings for use of non-vacant sites are included in the resolution adopting the Housing Element Update (Attachment 2).

RHNA Buffer
New “no net loss” provisions of Government Code Section 65863 require the City to ensure an adequate supply of land resources to be made available for housing development throughout the duration of the 2023-2031 planning period. This means if housing sites identified within the City’s 6th RHNA cycle are developed with lower residential densities, or residential uses at affordability levels higher than anticipated by the Housing Element Update, the City’s Housing Element could be determined to be out of compliance. Accordingly, the City’s RHNA requirement includes a buffer to ensure compliance with “no net loss” provisions (see Table 1 above – Percent of Surplus). With the revisions on the Sites Inventory, the buffer by income category is 14% very low- income, 30% low-income, 5% moderate-income, 113% above moderate-income, and 56% overall.

Evaluation of the Previous Housing Element

The Housing Element Update reviews the accomplishments during the RHNA 5 cycle, including whether the policies and programs should be continued, deleted, or modified.

Chapter 6 and Appendix E review the RHNA 5 Housing Element.

Additional information on accomplishments and how the City addressed special needs was included in response to HCD comments of April 24, 2023.

Housing Element Goals, Policies and Programs
As required by state Housing Element law, the Housing Element Update includes a set of goals, policies, and implementing programs intended to promote the preservation, rehabilitation, and production of housing throughout Foster City. Goals are long-range, broad, and comprehensive targets that describe future outcomes the City desires. A policy is a specific instructional guideline that seeks to promote goals. Together, goals and policies are implemented through a series of programs that identify specific, quantifiable actions the City will undertake during the 6th cycle planning period.

Chapter 8 of the Housing Element Update contains the City’s goals, policies, and programs related to the Housing Element Update. These have been modified in each draft of the Housing Element to address the identified housing needs and constraints. In

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response to HCD’s comments, additional detail regarding timeframes, metrics, and funding sources was added.

On May 4, 2023, the Planning Commission’s recommendation in Resolution P-04-23 included amending Program H-D-6-3 to include objective approval findings with amendments to include objective design standards.

Summary of Edits made to Draft Housing Element Update after May 04, Planning Commission Meeting
Additional modifications were made to the following programs:
•Various Programs: Provided more specific dates, such as “by December 2023” instead of “by the end of 2023”
•H-A-1-b No Net Loss/Development Pipeline Monitoring: amended title to add “Development Pipeline Monitoring.”
•H-A-5-a Commercial Linkage Fee: added statement to explain the reason for the Commercial Linkage Fee to include “require new commercial development to contribute to the supply of affordable housing.”
•H-B-2-a Lower-Income Homeowner Rehabilitation Loans: added geographic targeting
•H-B-2-b Facilitate Non-Profit Rehabilitation/Maintenance Assistance: added geographic targeting
•H-C-3-c Facilitate Resolution of Rental Disputes: added Performance Metric to program to report on number of dispute resolutions facilitated. •H-C-3-d Facilitate Tenant Protection Act of 2019 (AB 1482): added to timeframe to hold information sessions for tenants and landlords annually. •H-D-6-e Multi-Family Objective Design Standards: added “and objective approval findings” to amend the approval findings concurrently with adoption of multi-family objective design standards.
•H-E-1-a Existing Unit Purchase Program-Opportunities for Supportive Housing: added a quantifiable objective of two units converted to supportive housing by 2031. The City currently has six (6) units in this program that would become available when the existing tenants leave.
•H-F-2-d Emergency Shelter Zoning: added a reference to amendments to comply with AB 2339 and to change the maximum number of beds from 20 to 25.

Submittal to HCD and Revisions

Government Code section 65585 provides the process for local jurisdictions to adopt housing elements and HCD to review. Under the statute, local jurisdictions are required to submit a draft housing element to HCD at least 90 days prior to adoption. HCD reviews the draft and reports its written findings to the jurisdiction. In accordance with Government Code Section 65585(f), in response to HCD’s comments the City has the option to make changes to the Draft Housing Element Update to substantially comply with Housing Element Law or adopt the Draft Housing Element Update without changes. As set forth in the Resolution adopting the Draft Housing Element Update (Attachment 2), the City

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has made changes to the Draft Housing Element Update in response to HCD’s comments. The Resolution includes findings that the Housing Element Update as revised substantially complies with Housing Element Law.

Pursuant to Government Code section 65585, the City of Foster City made a timely submittal of its draft Housing Element Update to HCD for review in July 2022.

Subsequently, on October 03, 2022, City received comment letter #1 from HCD. Changes were incorporated into the Draft Housing Element Update dated February 16, 2023, in response to these comments and submitted to HCD. A second comment letter from HCD was received on April 24, 2023. Staff made further edits to Draft Housing Element Update dated May 01, 2023. On May 01, 2023, staff had a further discussion on HCD’s comment letter #2 and city’s response. HCD suggested further refinements, which have now been incorporated in the Attachment 2, Exhibit D and Exhibit E.

Attached to the resolution for adoption (Attachment 2) of the Housing Element Update are Exhibits A and B, demonstrating how the proposed Housing Element conforms with State law. Exhibit A includes Findings of Substantial Compliance and Exhibit B contains HCD Completeness Checklist. The City Council, in adopting the resolution approving the Housing Element in Attachment 2, will be making the findings stated in the resolution as well as those reflected in Exhibit A incorporated as a part of said resolution.

ALUC Review

State law requires that the Airport Land Use Committee (ALUC) review amendments to the General Plan, such as Housing Elements, for consistency with the Comprehensive Land Use Compatibility Plan for the Environs of the San Carlos Airport. At its April 13, 2023, meeting, the ALUC recommended that the C/CAG Board of Directors, acting as the Airport Land Use Commission, determine that the City’s Housing Element Update is consistent with the applicable airport/land use policies and criteria contained in the Comprehensive Land Use Compatibility Plan for the Environs of the San Carlos Airport.

General Plan Amendments

Several amendments to the Land Use and Circulation Element are proposed for consistency with the Housing Element, including some text changes and changes to the Land Use Map. The text changes are summarized in Table 3 and included in Exhibit D to Attachment 2.

Table 3: General Plan Amendments

Item Summary of Amendment
Two-Family Residential
description
Remove references to use only on Comet Drive. Change
allowed density from 10 to 13 dwelling units per acre to be consistent with R-2 zoning that currently allows one unit per

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3,500 square feet of lot area (12.44 units per acre); proposed zoning amendment would change to 3,350 (13 units per acre).

Service Commercial with
Housing
Add description for designation already used on Land Use Map (at Pilgrim Triton)
Apartment/Neighborhood
Commercial
Add description for designation already used on Land Use Map (at Marlin Cove)
Civic Center Mixed Use Change allowed density from 20-35 units per acre to 20-60 units per acre
Land Use Map amendments are proposed for consistency with the Sites Inventory at Foster’s Landing and 1601 Beach Park Boulevard for consistency with the Sites Inventory, as summarized in Table 4 and contained in Exhibit F to Attachment 2.

Table 4: Land Use Map Amendments

Site Name APN Address Existing
Designation
Proposed
Designation
Foster’s Landing 094-980-070 700 Bounty
Drive
Condominium
Residential
Civic Center
Mixed Use
1601 Beach Park
Blvd.
094-211-550 1601 Beach
Park Blvd.

Public/Semi-Pu
blic
Two-Family
Residential

Zoning Map Amendments

Zoning Map Amendments are proposed for consistency with the Sites Inventory as shown in Table 5 and contained in Attachments 3 and 4.

Table 5: Zoning Map Amendments
Site Name APN Address Existing
Zoning
Proposed Zoning
Foster’s
Landing
094-980-070 700 Bounty
Drive
R-3/PD CM/PD
Eaves 094-141-010 700 Marlin Ave. R-3 R-4/PD
1601 Beach
Park Blvd.
094-211-550 1601 Beach
Park Blvd.

PF R-2/PD
1010 Metro
Center Blvd.
094-281-010 1010 Metro
Center Blvd.

C-2/PD C-2/PD with
amended GDP to
allow commercial or
mixed use

Zoning Text Amendments

Zoning Text Amendments are summarized in Table 6 and contained in Attachment 5

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On May 4, 2023, the Planning Commission’s recommendation in Resolution P-07-23 includes a change in the maximum number of beds in an emergency shelter from 20 to 25 is proposed in response to HCD’s comments in the May 1, 2023, phone call.

Table 6: Zoning Text Amendments

Chapter Proposed Amendment
Chapter 17.14, R-2 Two-Family
Residence District
Change minimum lot area per dwelling unit from
3,500 square feet (12.44 units per acre) to 3,350
square feet (13.0 units per acre)
Chapter 17.82, Emergency Shelters,
Low Barrier Navigation Centers, and
Supportive Housing
Remove standards that are no longer allowed
pursuant to AB 2339 and amend the maximum
number of beds to 25

California Environmental Quality Act

A program-level EIR was prepared to evaluate the environmental impacts of the Housing and Safety Element Updates Project pursuant to CEQA. A Draft EIR was circulated for public review from February 16, 2023, to April 2, 2023 (Attachment 7). The Planning Commission held a public hearing to receive verbal comments on the adequacy of the EIR on March 16, 2023. A total of 15 written comments (letters and emails) from individual members of the public were received during the 45-day Draft EIR public review period.

The Responses to Comments (RTC) document was prepared to provide responses to comments received on the Draft EIR and other text changes to the Draft EIR (Attachment 6). The RTC document was posted on the Housing Element Update webpage on April 21, 2023 and all commenters were notified by email on the same day. The RTC document includes:

•a brief description of the Environmental Review process; •the comments received on the Draft EIR and responses to those comments; and •text revisions to the Draft EIR in response to the comments received and/or to amplify or clarify material in the Draft EIR.

The RTC document and the Draft EIR constitute the Final EIR for the Foster City Housing and Safety Elements Update.

The text revisions primarily relate to updates to the Draft Housing and Safety Elements Update and the WSA completed subsequent to the Draft EIR. As required by Water Code Sections 10910 through 10915, on May 15, 2023, the EMID Board adopted Resolution No. 3721 approving the WSA Report for the Final EIR. The City Council is also required to accept and approve the WSA as part of the Certification of the Final EIR for the Housing and Safety Element Update. This is included in the Resolution Certifying the EIR (Attachment 1). An overview of these revisions is provided in the RTC document, including an assessment of the changes relative to the Draft EIR findings, which conclude that these changes, text edits, and amendments would not substantially change the

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findings of the Draft EIR and trigger the need for recirculation pursuant to Public Resources Code Section 21092.1; CEQA Guidelines Section 15088.5. Each revision is individually detailed within Chapter IV, Text Revisions, of the RTC document. The majority of the text revisions are regarding:

•Sites Inventory
•Policies and Programs
•Water Supply Assessment and Water Neutrality Growth Policy

Summary of Impacts

The Draft EIR found that the project would result in several potentially significant impacts.

Table II-1 of the Draft EIR (beginning on page 10) lists each impact, the level of significance prior to mitigation and with mitigation, as well as the mitigation measures recommended. Only one (1) impact related to transportation, one (1) impact related to utilities, and one (1) impact related to aesthetics were found to be significant and unavoidable, even after mitigation. All remaining impacts identified could be mitigated to a less-than-significant level with implementation of the recommended mitigation measures. Table 7 summarizes the level of significance of impacts for various environmental topics.

Table 7: Summary of Environmental Impacts

No Impacts or Less than
Significant
Significant Impacts that can
be Mitigated too Less than
Significant
Significant and
Unavoidable Impacts
Agriculture and Forest
Resources
Biological Resources
Cultural Resources
Tribal Cultural Resources
Geology and Soils
Hydrology and Water Quality
Energy
Mineral Resources
Wildfire
Land Use and Planning
Air Quality
Greenhouse Gas Emissions
Hazards and Hazardous
Materials
Noise and Vibration
Population and Housing

Traffic and
Transportation
Public Services, Utilities,
and Recreation (Water
Supply),
Aesthetics

Project Alternatives

CEQA requires that a Draft EIR describe a range of reasonable alternatives to the proposed project or location that would feasibly attain most of the basic project objectives and avoid, or substantially lessen, any of the significant environmental impacts of the proposed project. The analysis of alternatives is beneficial to decision-makers, as it provides a complete assessment of anticipated impacts of land use decisions and, therefore, a better understanding of the interrelationships among potential impacts related to land use, transportation, air quality, noise, etc., compared to an EIR which does not

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encompass such a comparative analysis. Accordingly, the Draft EIR studied the following alternatives, which are explained in more detail in Chapter V of the Draft EIR:

•No Project Alternative: Under this alternative, the City would continue to implement the adopted 2015-2023 Housing Element and Local Hazard Mitigation Plan and Safety Element adopted in 2016, and the proposed 2023-2031 Housing Element and Safety Element would not be adopted.
•Partial Reallocation to Mixed Use Alternative: Under this alternative, housing sites located at the Schooner Bay Apartments Site (646 units), would be eliminated from the Housing Inventory Sites. Foster’s Landing Site would be rezoned to allow for a total of 1,400 new units and the Edgewater Place Center Site would be rezoned to allow for 146 new units; both sites would allow mixed-use development. •Higher Density Alternative: Under this alternative, housing sites located at the Schooner Bay Apartments Site (646 units) would be eliminated from the Housing Inventory Sites. Foster’s Landing Site would be rezoned to allow for a total of 1,400 new units and the Metro Center Boulevard Site would be rezoned to allow for a total of 146 new units.

The alternatives are compared against the project’s impacts and its objectives. Although the ‘No Project’ Alternative was found to be the environmentally superior alternative because it would reduce some potential significant impacts identified in the Draft EIR, it would not result in meeting the City’s objectives, including a Housing Element in compliance with State requirements. The No Project Alternative would also likely result in additional unanticipated development if the City does not have a Housing Element that has been certified by HCD.

Standard Conditions and Mitigation Measures

The EIR identified mitigation measures to reduce the project’s impact on the environment.

Some of these mitigation measures are Standard Conditions of Approval (SCA) that will be applied to future development projects. CEQA Guidelines Section 15097 requires preparation of a Mitigation Monitoring and Reporting Program (MMRP) to ensure that the mitigation measures are implemented. The SCA and the MMRP together make up the SCAMMRP (see Exhibit B to Attachment 1).

EIR Findings

Pursuant to the California Environmental Quality Act (Section 21000) and CEQA Guidelines (Section 15000), findings must be made based on substantial evidence in the entire administrative record regarding the environmental impacts of the project and feasibility of project alternatives.

In accordance with the California Environmental Quality Act Guidelines (CEQA Section 15090), the decision-making body of the lead agency must consider the EIR, and

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comments received before approving a project under review. Per CEQA Section 15090, the City Council must make findings to support the following:

a) The Final EIR has been completed in compliance with CEQA; b) The Final EIR was presented to the decision-making body of the lead agency, and the decision-making body reviewed and considered the information contained in the final EIR prior to approving the project; and
c) The Final EIR reflects the lead agency’s independent judgment and analysis.

The EIR contains an independent, legally defensible evaluation of all environmental impacts, thoroughly disclosing and analyzing potentially significant detrimental effects of the project and its reasonable alternatives, documenting the resulting findings, and providing recommendations for reducing potential significant environmental impacts to levels less than significant associated. Mitigation measures integrated in the SCAMMRP have been recommended to reduce potential impacts described in the Final EIR to levels below established thresholds of significance. However, even with incorporation of the recommended mitigation measures, the CEQA Findings conclude that there are three significant and unavoidable impacts: Traffic and Transportation and Public Services, Utilities and Recreation (specifically water supply), and Aesthetics. CEQA provides that the lead agency can adopt a Statement of Overriding Considerations as authorized by CEQA Guidelines Section 15903 explaining the specific reasons why the social, economic, legal, technological, or other beneficial aspects of the proposed project, including region-wide or statewide environmental benefits outweigh the unavoidable adverse environmental impacts and why the Lead Agency is willing to accept such impacts.

The Statement of Overriding Considerations describes the expected benefits of the project that outweigh and make acceptable the potentially unavoidable impacts, summarized as follows:

•The project will improve and conserve the existing housing stock. •The project will facilitate housing production and provide Foster City residents with a variety of housing options.
•The project will redevelop under-utilized sites.
•The project will improve equal housing opportunities and access to fair housing information.
•The project will mitigate natural and human-caused hazards, thereby improving public safety and resiliency (applies more to Safety Element).

The required findings and Statement of Overriding Considerations is contained in Exhibit A to Attachment 1.

FISCAL IMPACT
There is no fiscal impact associated with this item.

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CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
The Housing Element Update supports the City Council’s Value/Priority Area under “Smart Planning, Development, and the Local Economy” which is to protect, maintain, and enhance our community character through thoughtful planning as well as “City Council Operations and Improved Community Engagement” where the City Council Operate at the highest level of civil discourse, encouraging resident engagement and full transparency.

ATTACHMENTS:
•Attachment 1 – EIR Resolution
oExhibit A of Attachment 1 – Statement of Findings and Statement of Overriding Considerations
oExhibit B of Attachment 1 – SCAMMRP – Conditions and Mitigation Measures
•Attachment 2 – Resolution to Adopt Housing Element
oExhibit A of Attachment 2 – Housing Element Compliance with State Housing Element Law
oExhibit B of Attachment 2 – Summary of HCD 10-3-22 Comments and City Responses
oExhibit C of Attachment 2 – Summary of HCD 4-24-23 Comments and City Responses
oExhibit D of Attachment 2 – Draft 2023-2031 Housing Element dated 5-15- 23 - Redline version
oExhibit E of Attachment 2 – Draft 2023-2031 Housing Element dated 5-15- 23 - Clean version
oExhibit F of Attachment 2 – Amendments to Land Use and Circulation Element including Land Use Map
•Attachment 3 – Ordinance Adopting a Zoning Map Amendment oExhibit A of Attachment 3 – Foster’s Landing from R-3/PD to CM/PD oExhibit B of Attachment 3 – Eaves from R-3 to R-4/PD
oExhibit C of Attachment 3 – 1601 Beach Park Blvd. from PF to R-2/PD •Attachment 4 – Ordinance for 1010 Metro GDP Amendment
oExhibit A of Attachment 4 – Amended General Development Plan for Metro Center
oExhibit B of Attachment 4 – General Development Plan Graphic for Metro Center
•Attachment 5 – Ordinance Adopting Zoning Text Amendments oExhibit A of Attachment 5 – Chapter 17.15 R-2, Two-Family Residence District
oExhibit B of Attachment 5 – Chapter 17.82, Emergency Shelters, Low Barrier Navigation Centers, and Supportive Housing
•Attachment 6 – Final EIR ( link)
•Attachment 7 – Draft EIR ( link)
•Attachment 8 – HCD Comment Letter dated 4/24/23

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•Attachment 9 – Planning Commission Resolutions P-3-23 through P-7-23 (without Exhibits)
•Attachment 10 – Staff Report to the Planning Commission dated 5/4/23

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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) FOR THE FOSTER CITY HOUSING AND SAFETY ELEMENTS UPDATE; ADOPTING

ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA); ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS; AND ADOPTING A STANDARD CONDITIONS

OF APPROVAL AND MITIGATION MONITORING AND REPORTING PROGRAM,

INCLUDING ACCEPTANCE AND APPROVAL OF THE WATER SUPPLY

ASSESSMENT AS ADOPTED BY THE ESTERO MUNICIPAL IMPROVEMENT DISTRICT (SCAMMRP) – EA2021-0004

CITY OF FOSTER CITY
WHEREAS, California Government Code Section 65300 et. seq. requires every city and county in California to adopt a General Plan for its long-range development, and further, to periodically update that Plan to reflect current conditions and issues; and
WHEREAS, the City of Foster City has prepared an update to its Housing and Safety Elements and associated General Plan and Zoning amendments as required by California Government Code Section 65300 et. seq.; and WHEREAS, the Housing Element update includes analysis of existing and projected housing needs and updates goals, policies, objectives, and implementation programs for the preservation, improvement, and development of housing for all income categories; and
WHEREAS, the updated Housing Element identifies sites on which housing development is allowed at sufficient densities to accommodate a specific number of units at various levels of affordability, pursuant to the Regional Housing Needs Allocation (RHNA) set forth by the Association of Bay Area Governments (ABAG); and WHEREAS the updated Safety Element is intended to comply with state law through updates to address: public safety risks and create a unique set of goals, policies, and implementation actions that address these risks; evacuation; climate adaptation and resiliency strategies; and coordination with the Local Hazard Mitigation Plan (LHMP); and
WHEREAS, the proposed updates of the Housing Element and Safety Element and the associated General Plan, Zoning Ordinance and Zoning Map amendments are referred to collectively as the Housing and Safety Elements Update project (Project); and

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8 0
6 WHEREAS, the Project requires discretionary approvals from the City, including adoption of resolutions amending the General Plan to update the Housing Element, update the Safety Element, update the Land Use and Circulation Element including the Land Use Map, adoption of ordinances amending the City’s Zoning regulations (Foster City Municipal Code Title 17) and the City’s Zoning Map; and WHEREAS, pursuant to Public Resources Code Section 21067 of the California Environmental Quality Act (Pub. Resources Code, Section 21000 et seq.) (CEQA), Section 15367 of the State CEQA Guidelines (Cal. Code Regs., tit. 14, Section 15000 et seq.), the City is the lead agency for the Project; and WHEREAS, the City of Foster City, in accordance with the requirements of the CEQA, the State CEQA Guidelines adopted by the Secretary of Resources, and the City of Foster City Environmental Review Guidelines, has prepared an EIR which analyzes the potential environmental impacts of the proposed project and identifies recommended measures to reduce potential impacts (SCH #2022010509, EA2021- 004); and
WHEREAS, the City issued a Notice of Preparation (NOP) of an EIR for the project and circulated the NOP to each responsible agency, trustee agency, the Office of Planning and Research (OPR), and interested parties, including members of the public who had requested such notice, for the required 30-day public review period commencing on January 26, 2022 and ending on February 26, 2022; and WHEREAS, on February 17, 2022, a Public Scoping Session, that allowed for both in-person and virtual participation, was held in conjunction with the Planning Commission meeting to further solicit comments on the scope of the Draft EIR; and WHEREAS a Draft EIR was prepared by Urban Planning Partners, Inc. and circulated by the City for the required 45-day public review period commencing on February 16, 2023 and ending on April 2, 2023; and
WHEREAS, on February 16, 2023, the City issued a Notice of Availability (NOA) of the Draft EIR and initiated a 45-day public review and comment period, in accordance with 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

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8 0
6 WHEREAS, on March 16, 2023, the Planning Commission held a public meeting, that allowed for both in-person and virtual participation to receive comments on the adequacy of the Draft EIR; and
WHEREAS, the City received oral comments from five Planning Commissioners and none from individual members of the public during the March 16, 2023 public meeting; and
WHEREAS, pursuant to State CEQA Guidelines Section 15086, the City consulted with and requested comments from all responsible and trustee agencies, other regulatory agencies, and others during the public review and comment period; and
WHEREAS, the City received 15 letters or emails from individual members of the public during the 45-day Draft EIR public review and comment period; and WHEREAS the City has prepared a Final EIR, consisting of the comments received during the 45-day public review and comment period on the Draft EIR, written responses to those comments, and revisions to the Draft EIR. For the purposes of this Resolution, EIR shall refer to the Draft EIR, as revised by the Final EIR, together with all the other sections of the Final EIR; and
WHEREAS, a Notice of Public Hearing was duly posted and published on April 19, 2023 for consideration of the Final EIR dated April 2023 at the Planning Commission meeting on May 4, 2023, and, on said date, the Public Hearing was opened, held and closed; and
WHEREAS, at their meeting of May 4, 2023, the Planning Commission recommended, by adoption of Resolution No. P-03-23, that the City Council certify the Final EIR, adopt environmental findings pursuant to CEQA, adopt a Statement of Overriding Considerations, and adopt a SCAMMRP; and
WHEREAS, a Notice of Public Hearing was duly posted and published on May 10, 2023 for consideration of the Final EIR dated April 2023 at the City Council meeting on May 22, 2023, and, on said date, the Public Hearing was opened, held and closed; and
WHEREAS, the City Council 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 (https://engagefostercity.org/housing-element) and from the custodian of these

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8 0
6 records, namely, the Community Development Department, located at City Hall, 610 Foster City Boulevard, Foster City; and
WHEREAS, the City has not received any comments or additional information that constituted substantial new information requiring recirculation of the EIR under Public Resources Code Section 21092.1 or State CEQA Guidelines Section 15088.5; and
WHEREAS, all required public notices and public hearings were duly given and held according to law; and
WHEREAS, the EIR identified certain potentially significant adverse impacts on the environment caused by the proposed Project; and
WHEREAS, the City Council specifically finds that where more than one reason for approving the proposed Project and rejecting alternatives and suggested mitigation measures is given in its findings or in the record, and where more than one reason is given for adopting the Statement of Overriding Considerations, the City Council would have made its recommendation on the basis of any one of those reasons; and WHEREAS, the City Council desires, in accordance with CEQA, to declare that, despite the potential for significant environmental effects that cannot be substantially lessened or avoided through the adoption of feasible mitigation measures or feasible alternatives, there exist certain overriding economic, social, and other considerations for approving the proposed Project that the City Council believes justify the occurrence of those impacts; and
WHEREAS, all the requirements of CEQA and the State CEQA Guidelines have been satisfied by the City in the EIR, which is sufficiently detailed so that all of the potentially significant environmental effects of the proposed Project have been adequately evaluated;
WHEREAS, as required by Water Code Sections 10910 through 10915, on May 15, 2023, the Estero Municipal Improvement District adopted a Resolution Approving the Water Supply Assessment (WSA) Report for the Final EIR, and the City Council is also required to accept and approve the WSA as part of Certifying 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, finds that:

1. The foregoing recitals are true and correct, and they are hereby incorporated by reference into this Resolution.

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8 0
6 2. The Final EIR, including the approved WSA and 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

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

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

5. The Final EIR reflects the City’s independent judgment and analysis.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Foster City does hereby certify the Final EIR prepared by Urban Planning Partners, LLC as complete and adequate and make the findings with respect to the proposed Project’s significant effects on the environmental as identified in the EIR, as required under Sections 15091, 15092, and 15093 of the State CEQA Guidelines and adopted the Statement of Overriding Considerations as set forth in Exhibit A. attached hereto and incorporated herein and the SCAMMRP as set forth in Exhibit B, attached hereto and incorporated herein; the City Council further does hereby accept and approve the WSA as adopted by the Estero Municipal Improvement District on May 15, 2023
PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the special meeting held on the 22nd day of May, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________________

JON FROOMIN, MAYOR
ATTEST:
___________________________________

PRISCILLA SCHAUS, CITY CLERK

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ATTACHMENT 1, EXHIBIT A

STATEMENT OF FINDINGS UNDER THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT (CEQA) AND STATEMENT OF OVERRIDING

CONSIDERATIONS
A. INTRODUCTION
The following findings of fact have been prepared pursuant to the California Environmental Quality Act (Pub. Res. Code section 21000 et seq; "CEQA") and the CEQA Guidelines (Cal. Code Regs. title 14, section 15000 et seq.) by the City of Foster City City Council in connection with the Environmental Impact Report (EIR) prepared for the Foster City Housing and Safety Elements Update (the project), State Clearinghouse No. 2022010509. These CEQA findings are attached and incorporated by reference into each staff report, resolution and ordinance associated with approval of the project. These findings are based on substantial evidence in the entire administrative record and references to specific reports and specific pages of documents are not intended to identify those sources as the exclusive basis for the findings.

B. BACKGROUND
The project is being proposed by the City of Foster City (City) to comply with California Government Code Sections 65580-65589.9, which requires local jurisdictions to update the Housing Element of their General Plan every eight years to adequately plan for the regional housing needs of residents of all income groups. The project includes the following elements:

1. Housing Element. Adoption and implementation of the City’s 6th Cycle Housing Element Update (2023-2031), including but not limited to the adoption and implementation of General Plan and Zoning Amendments, to accommodate the City’s Regional Housing Needs Allocation (RHNA) of 1,896 new housing units within the city. This component is referred to as the Housing Element throughout this EIR.
1 2. Safety Element. Adoption and implementation of updates to the City’s Safety Element. The Safety Element is currently combined with the City’s Local Hazard Mitigation Plan (LHMP), adopted in 2016. The City adopted an updated LHMP in 2021 in coordination with the San Mateo County Multijurisdictional Local Hazard Mitigation Plan. The Safety Element portion of the Safety Element/LHMP document will become a standalone document as part of this

1 Note this Draft EIR analyzes the July 2022 Draft Housing Element. Minor modifications of the housing site inventory, policies and programs prior to adoption may occur in response to public comments and direction from the Planning Commission and City Council. Final housing sites inventory and policies language will be included in the Final EIR.

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2 update. The Safety Element identifies public safety risks and creates a unique set of goals, policies, and implementation actions that address these risks. This component is referred to as the Safety Element throughout this EIR.

For purposes of this EIR, these actions are together considered a “project” under CEQA regulations. The City of Foster City published and circulated a Notice of Preparation (NOP) that briefly described the project and the environmental topics that would be evaluated in the Draft EIR on January 26, 2022. The public comment period for the scope of this EIR was from January 26, 2022, to February 25, 2022. The NOP was posted on the City’s website and sent to the State Clearinghouse, applicable responsible agencies, trustee agencies, and interested parties as required by the California Environmental Quality Act (CEQA). A project scoping session was held before the Planning Commission on February 17, 2022, and no verbal public comments were received during the scoping session. Written comments received on the NOP were considered during the preparation of the Draft EIR.

The Draft EIR was published on February 16, 2023, and distributed to applicable local and State agencies. Copies of the Notice of Availability of the Draft EIR (NOA) were mailed to all individuals previously requesting to be notified of the Draft EIR, in addition to those agencies and individuals who received a copy of the NOP.

The 45-day public comment period for the Draft EIR began on February 16, 2023, and ended on April 2, 2023. One public hearing was held regarding the Draft EIR during the 45-day public comment period: the Planning Commission on March 16, 2023. Five planning commissioners provided verbal comments during the hearing. No verbal public comments were received during the public hearing. Written comments were received from fifteen individuals. Written responses to all the comments received regarding the adequacy of the Draft EIR are provided in Chapter III, Comments and Responses, of this document.

The Final EIR includes the Draft EIR prepared by Urban Planning Partners, Inc., dated February 2023, and the Response to Comments document (RTC) prepared by Urban Planning Partners, dated April 2023. The RTC document provides a response to comments on the Draft EIR made by agencies and individuals, and includes text revisions to the Draft EIR to clarify or revise information in the Draft EIR.

With this background in mind, the City Council of the City of Foster City (Council) makes the following findings concerning the environmental impacts of the project, the feasibility of the project alternatives, and the benefits of the project that override the significant and unavoidable impacts of the project.

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3 C. FINDINGS CONCERNING SIGNIFICANT ENVIRONMENTAL EFFECTS The Final EIR identifies certain potentially significant effects that could result from the project.

The Final EIR analyzed the project’s potential environmental impacts to:
• Land Use and Planning
• Aesthetics
• Traffic and Transportation
• Air Quality
• Greenhouse Gas Emissions
• Hazards and Hazardous Materials
• Noise and Vibration
• Population and Housing
• Public Services, Utilities, and
Recreation
The Final EIR identified significant environmental effects in the areas of: Aesthetics; Traffic and Transportation; Air Quality; Greenhouse Gas Emissions; Noise and Vibration; Public Services, Utilities, and Recreation. These topics are discussed below. Mitigation measures were identified and would be imposed as conditions of approval on the project. The City finds that the inclusion of these mitigation measures as part of project approval will reduce all but three (3) significant impacts to levels that are less than significant.

The Council finds that changes or alterations are required in, or incorporated into, the project which avoid or substantially lessen certain significant environmental effects identified in the Final EIR. The Council further finds that specific economic, legal, social, technological, or other considerations make infeasible the mitigation measures or project alternatives that are not required in, or incorporated into, the project.

As described in greater detail below, after implementation of all feasible mitigation measures, the project could result in the following significant and unavoidable impacts, which will be overridden by the specific considerations that are described in this document’s conclusion (see Section E):
• Impact TRANS-1: Implementation of the Housing and Safety Elements and associated zoning amendments components of the project that are not 100 percent affordable projects could generate home-based VMT per resident of 12.8 and that is greater than 85 percent of the 2020 Bay Area regional average home-based VMT per resident. • Imp act SVCS -1: There are not sufficient water supplies available to serve the project and reasonably foreseeable future development one dry year and multiple dry years within a 20-year projection.

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4 • Impact AES-1: Development under the project located south of East Hillsdale Boulevard, within established residential neighborhoods, could have a significant adverse impact on the visual quality of the city.

1. Land Use
The Final EIR found that implementation of the project would not result in any significant land use impacts.

2. Traffic and Transportation
a. Vehicle Miles Traveled (VMT) Analysis
Impact TRANS-1: Implementation of the Housing and Safety Elements and associated zoning amendments components of the project that are not 100 percent affordable projects could generate home-based VMT per resident of 12.8 and that is greater than 85 percent of the 2020 Bay Area regional average home-based VMT per resident. (S) Mitigation Measure TRANS-1 : Implement VMT Reduction Measures. Individual housing project development proposals that do not screen out from a VMT impact analysis shall provide a quantitative VMT analysis using the methods applied in this EIR, with modifications if appropriate based on future changes to City of Foster City practices and OPR VMT analysis methodology guidelines. Projects which result in a significant impact shall include TDM measures and physical measures to reduce VMT, including but not limited to the measures below; some of which have been identified as potentially VMT-reducing in the CAPCOA Handbook. Potential VMT reduction estimates are included below, but detailed requirements, calculation steps, and limitations are described in the CAPCOA Handbook.  Increase building density. Effectiveness: up to a 30 percent reduction in GHG from VMT for residential projects per the CAPCOA Handbook.
 Integrate affordable and below-market rate housing: up to a 28.6 percent reduction in GHG from VMT for residential projects per the CAPCOA Handbook.  Reduce parking provided. Effectiveness: up to a 13.7 percent reduction in GHG from VMT for residential projects per the CAPCOA Handbook.
 Unbundle parking costs (i.e., sell or lease parking separately from the housing unit).

Effectiveness: up to 15.7 percent reduction in GHG from VMT per the CAPCOA Handbook, although the effectiveness is lower in suburban settings.  Provide car-sharing, bike-sharing, or scooter-sharing programs. Effectiveness: 0.15 –

0.18 percent reduction in GHG from VMT for car share, 0.02 – 0.06 percent for bike share,

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5 and 0.07 percent for scooter share, per the CAPCOA Handbook. The higher car share and bike share values are for electric car and bike share programs.  Subsidize transit passes for residents of affordable housing. Effectiveness: up to

5.5 percent reduction in GHG from VMT per the CAPCOA Handbook.  Other measures not listed in CAPCOA but are proven to be effective means of reducing the amount of VMT generated by residents include increasing the mix of uses by adding retail or services within a site or within convenient walking distance. 2 Residential development projects located in the lower VMT areas (generally in Central Foster City) would likely have a less-than-significant impact with the implementation of the on-site VMT reduction measures noted above. Residential development projects located within the areas with higher VMT on the periphery of Foster City may have a significant impact even after implementation of these measures given the longer trip lengths needed to reach services and jobs.

In addition to the on-site measures noted above, individual housing projects that are above the VMT threshold could potentially contribute to future VMT mitigation fee programs, banks, or exchanges. A VMT mitigation program would fund transportation projects and programs that lead to a reduction in VMT, including pedestrian and bicycle projects connecting to transit, schools, and other destinations. No local or regional VMT mitigation programs currently exist, however, should such a program be implemented, development projects could potentially pay into a fee program or purchase mitigation credits to achieve needed VMT mitigation instead of, or in addition to, on-site TDM measures.

Because the uncertainty relating to the feasibility of on-site TDM measures and the implementation process for individual development projects in diverse project settings, the timing that it will take to implement those measures, and the lack of an off-site mitigation option, the effectiveness of reducing an individual project’s VMT impact to a less than significant level cannot be determined as part of this EIR. As a result, this impact is identified conservatively as significant and unavoidable with mitigation given the possibility that some projects may not be able to identify and implement measures to reduce the VMT impact to a less-than-significant level. (SU)
Finding: The EIR identified Mitigation Measure TRANS-1 as a potentially viable measure to reduce VMT impacts to a less-than-significant level. The Mitigation Measure TRANS-1 requires

2 American Planning Association PAS Memo, 2013. “Getting Trip Generation Right: Eliminating the Bias Against Mixed Use Development” by Jerry Walters, Brian Bochner, and Reid Ewing, May.

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6 individual housing project development proposals that do not screen out from a VMT impact analysis to provide a quantitative VMT analysis and implement TDM measures and physical measures to reduce VMT when there is a significant VMT impact, which may not reduce impacts to a less-than-significant level in higher VMT areas. Mitigation Measure TRANS-1 suggests contributions to future VMT mitigation fee programs, banks, or exchanges as another option to lower VMT, which are not established at this time. Because of the lack of an off-site mitigation option, the unknown feasibility of on-site TDM measures and the implementation process for individual development projects in diverse project settings, and the timing that it will take to implement those measures, this impact is deemed significant and unavoidable even with mitigation measure incorporated. The Council further finds that there are no other feasible mitigation measures that would reduce this impact to a less-than-significant level. Therefore, the impact would remain significant and unavoidable. Refer to Section D. Alternatives to the Project, for a discussion of why there are no feasible alternatives to the project that would avoid this impact. However, this significant unavoidable impact is deemed acceptable due to other benefits of the project outlined in Section E. Statement of Overriding Considerations.

The following SCOAs related to transportation would apply to the project.

SCOA 1.9: 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.

SCOA 1.12: Prior to opening, details of sales office and/or model homes, including special landscaping, signing, parking and lighting shall be approved by staff.

SCOA 2.20: Prior to issuance of a building permit, the applicant shall contact and discuss with SamTrans the desirability for and location of bus turnouts for SamTrans buses, as well as providing see-through, covered bus shelters to serve the users of the development. The applicant shall respond in writing to the City with a letter from SamTrans indicating that improvements are not necessary or that the proposed improvements are satisfactory to SamTrans prior to issuance of a building permit.

SCOA 2.21: The timing of the installation of the proposed bus system improvements shall be established by the City, in coordination with SamTrans.

SCOA 8.15: Prior to issuance of a Building Permit, the applicant shall design for general public use, bicycle trails throughout the development with provisions for bicycle storage facilities to the satisfaction of the Engineering Division. Bike trails shall be constructed according to plan.

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7 SCOA 8.16: 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.

SCOA 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.

SCOA 10.24: Prior to occupancy, all apartment buildings or condominium complexes shall be required to provide parking stalls designated and signed for visitor parking.

SCOA 11.05: 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.

SCOA 11.07: The current and future owners shall be responsible for implementing the Transportation Demand Management (TDM) Program required by the City/County Association of Governments on file with the Community Development Department and attached as Exhibit B. 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.

SCOA 11.16: The applicant, HOA, or any future owner shall provide and conduct regular maintenance of the site in order to preserve all loading zones, fire lanes, and restricted parking zones as readily visible and identifiable.

3. Air Quality
a. Emissions of Criteria Air Pollutants
Impact AIR-1: Construction of residential development under the project would generate criteria air pollutant emissions that could potentially affect regional air quality. (S)

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8 Mitigation Measure AIR-1: Residential Construction Controls for Criteria Air Pollutants. For construction of residential projects that exceed the Bay Area Air Quality Management District’s (BAAQMD’s) most recently adopted screening criteria (currently 114 single-family units or 240 multi-family units), the project applicant shall retain a qualified air quality consultant to identify measures to reduce the project’s criteria air pollutant and precursor emissions below the BAAQMD’s recommended thresholds of significance. Emission reduction measures may include, but are not limited to, the use of off-road equipment with engines that meet the Environmental Protection Agency’s Tier 4 emission standards, engines retrofitted with the most effective Verified Diesel Emissions Control Strategy (VDECS) certified by the California Air Resources Board (CARB), or other off-road equipment that demonstrate equivalent emission reduction meeting the EPA’s standards. Quantified emissions and identified reduction measures shall be submitted to the city (and the Air District if specifically requested) for review and approval prior to the issuance of building permits and the approved criteria air pollutant reduction measures shall be implemented during construction.

In addition, the project applicant shall prepare a Construction Emissions Minimization Plan (Emissions Plan) for all identified criteria air pollutant reduction measures (if any). The Emissions Plan shall be submitted to the City (and BAAQMD if specifically requested) for review and approval prior to the issuance of building permits. The Emissions Plan shall include the following:
 An equipment inventory summarizing the type of off-road equipment required for each phase of construction, including the equipment manufacturer, equipment identification number, engine model year, engine certification (tier rating), horsepower, and engine serial number. For all VDECS, the equipment inventory shall also include the technology type, serial number, make, model, manufacturer, CARB verification number level, and installation date.
 A Certification Statement that the Contractor agrees to comply fully with the Emissions Plan and acknowledges that a significant violation of the Emissions Plan shall constitute a material breach of contract. (LTS)
General Plan FEIR Mitigation Measure 3.1-2. Update the Foster City General Plan Conservation Element to include the following policies and action items. The following policies and action items shall apply during environmental review of individual projects effective immediately.
 P
olicy: Minimize exposure of sensitive receptors to concentrations of air pollutant emissions and toxic air contaminants.

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9  Policy: Require discretionary projects involving sensitive receptors such as children, the elderly, or people with illnesses that are proposed within 500 feet of the State Route 92 corridor to include an analysis of mobile source toxic air contaminant health risks. The analysis, if necessary, shall identify feasible mitigation measures to reduce health risks to acceptable levels.
 A
ction: Review all new industrial and commercial development projects for potential air quality impacts to residences and other sensitive receptors. The City shall ensure that mitigation measures and best management practices are implemented to reduce significant emissions of criteria pollutants.
 A
ction: Review development, infrastructure, and planning projects for consistency with Bay Area Air Quality Management District (BAAQMD) requirements during the California Environmental Quality Act (CEQA) review process. Require project applicants to prepare air quality analyses to address BAAQMD and General Plan requirements, which include analysis and identification of:

1. Air pollutant emissions associated with the project during construction, project operation, and cumulative conditions.

2. Potential exposure of sensitive receptors to toxic air contaminants.

3. Significant air quality impacts associated with the project for construction, project operation, and cumulative conditions.

4. Mitigation measures to reduce significant impacts to less than significant or the maximum extent feasible where impacts cannot be mitigated to less than significant.

Impact AIR-2: Operation of residential development under the project would generate criteria air pollutant emissions that could potentially affect regional air quality. (S) Mitigation Measure AIR-2 : Residential Operation Controls for Criteria Air Pollutants. For operation of residential projects that exceed the Bay Area Air Quality Management District’s (BAAQMD’s) most recently adopted screening criteria (currently 325 single-family units or 451 multi-family units), the project applicant shall retain a qualified air quality consultant to identify measures to reduce the project’s criteria air pollutant and precursor emissions below the BAAQMD’s recommended thresholds of significance. Emission reduction measures may include, but are not limited to, the following:
 Implementation of a Transportation and Parking Demand Management program to reduce vehicle trips.

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10  Compliance with off-street electric vehicle (EV) requirements in the most recently adopted version of CALGreen Tier 2 to reduce vehicle emissions.  Exclusion of natural gas appliances or natural gas plumbing.

Quantified emissions and identified reduction measures shall be submitted to the City (and the Air District if specifically requested) for review and approval prior to the issuance of building permits and the approved criteria air pollutant reduction measures shall be implemented during construction. (LTS)
General Plan FEIR Mitigation Measure 3.1-2. Update the Foster City General Plan Conservation Element to include the following policies and action items. The following policies and action items shall apply during environmental review of individual projects effective immediately.
 P
olicy: Minimize exposure of sensitive receptors to concentrations of air pollutant emissions and toxic air contaminants.
 P olicy: Require discretionary projects involving sensitive receptors such as children, the elderly, or people with illnesses that are proposed within 500 feet of the State Route 92 corridor to include an analysis of mobile source toxic air contaminant health risks. The analysis, if necessary, shall identify feasible mitigation measures to reduce health risks to acceptable levels.
 A ction: Review all new industrial and commercial development projects for potential air quality impacts to residences and other sensitive receptors. The City shall ensure that mitigation measures and best management practices are implemented to reduce significant emissions of criteria pollutants.
 A
ction: Review development, infrastructure, and planning projects for consistency with Bay Area Air Quality Management District (BAAQMD) requirements during the California Environmental Quality Act (CEQA) review process. Require project applicants to prepare air quality analyses to address BAAQMD and General Plan requirements, which include analysis and identification of:

5. Air pollutant emissions associated with the project during construction, project operation, and cumulative conditions.

6. Potential exposure of sensitive receptors to toxic air contaminants.

7. Significant air quality impacts associated with the project for construction, project operation, and cumulative conditions.

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11 8. Mitigation measures to reduce significant impacts to less than significant or the maximum extent feasible where impacts cannot be mitigated to less than significant.

Finding: Mitigation Measures AIR-1 and AIR 2 are feasible and applicable to the project and, in combination with the existing Mitigation Measure 3.1-2, would ensure the project does not result in a cumulatively considerable net increase in criteria air pollutants for which the region is in nonattainment and would reduce the project-level construction impacts to a less-than-significant level (see pages 142 to 145 of the Draft EIR).
b. Exposure to Sensitive Receptors to Toxic Air Contaminants during Construction.

Impact AIR-3: Construction of residential development under the project could expose sensitive receptors to substantial concentrations of TACs and/or PM2.5. (S) Mitigation Measure AI R-3a: Residential Construction Controls for Diesel Particulate Matter.

For construction of residential projects with a construction duration greater than 6 months that are located in an area defined as needing “Best Practices” or “Further Study” on the BAAQMD’s Planning Healthy Places Map (https://www.baaqmd.gov/plans-and- climate/planning-healthy-places), the project applicant shall apply one of the following measures:
 The project applicant shall retain a qualified air quality consultant to prepare a Health Risk Assessment (HRA) in accordance with current guidance from the Office of Environmental Health Hazard Assessment to determine the health risks to sensitive receptors exposed to diesel particulate matter (DPM) from project construction emissions. The HRA shall be submitted to the City (and BAAQMD if specifically requested) for review and approval. If the HRA concludes that the health risks are at or below acceptable levels, then DPM reduction measures are not required. If the HRA concludes that the health risks exceed acceptable levels, DPM reduction measures shall be identified to reduce the health risks to acceptable levels. Identified DPM reduction measures shall be submitted to the City for review and approval prior to the issuance of building permits and the approved DPM reduction measures shall be implemented during construction.
 All off-road diesel equipment shall be equipped with the most effective VDECS available for the engine type (Tier 4 engines automatically meet this requirement) as certified by CARB. The equipment shall be properly maintained and tuned in accordance with manufacturer specifications.

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12 In addition, the project applicant shall prepare a Construction Emissions Minimization Plan (Emissions Plan) for all identified DPM reduction measures (if any). The Emissions Plan shall be submitted to the City (and BAAQMD if specifically requested) for review and approval prior to the issuance of building permits. The Emissions Plan shall include the following:
 An equipment inventory summarizing the type of off-road equipment required for each phase of construction, including the equipment manufacturer, equipment identification number, engine model year, engine certification (tier rating), horsepower, and engine serial number. For all VDECS, the equipment inventory shall also include the technology type, serial number, make, model, manufacturer, CARB verification number level, and installation date.
 A Certification Statement that the Contractor agrees to comply fully with the Emissions Plan and acknowledges that a significant violation of the Emissions Plan shall constitute a material breach of contract.

Mitigation Measure AIR-3b: Residential Emergency Generators. Require all emergency generators for new residential development projects (if needed) to use best available control technology for air pollutant emissions, such as using engines that meet the Environmental Protection Agency’s Tier 4 Final emission standards or are battery powered. (LTS) General Plan FEIR M itigation Measure 3.1-2. Update the Foster City General Plan Conservation Element to include the following policies and action items. The following policies and action items shall apply during environmental review of individual projects effective immediately.
 P
olicy: Minimize exposure of sensitive receptors to concentrations of air pollutant emissions and toxic air contaminants.
 P olicy: Require discretionary projects involving sensitive receptors such as children, the elderly, or people with illnesses that are proposed within 500 feet of the State Route 92 corridor to include an analysis of mobile source toxic air contaminant health risks. The analysis, if necessary, shall identify feasible mitigation measures to reduce health risks to acceptable levels.
 A
ction: Review all new industrial and commercial development projects for potential air quality impacts to residences and other sensitive receptors. The City shall ensure that mitigation measures and best management practices are implemented to reduce significant emissions of criteria pollutants.

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13  Action: Review development, infrastructure, and planning projects for consistency with Bay Area Air Quality Management District (BAAQMD) requirements during the California Environmental Quality Act (CEQA) review process. Require project applicants to prepare air quality analyses to address BAAQMD and General Plan requirements, which include analysis and identification of:

9. Air pollutant emissions associated with the project during construction, project operation, and cumulative conditions.

10. Potential exposure of sensitive receptors to toxic air contaminants.

11. Significant air quality impacts associated with the project for construction, project operation, and cumulative conditions.

12. Mitigation measures to reduce significant impacts to less than significant or the maximum extent feasible where impacts cannot be mitigated to less than significant.

Finding: Mitigation Measures AIR-3a and AIR-3b are feasible and applicable to the project and, in combination with the existing Mitigation Measure 3.1-2, would reduce project impacts on existing sensitive receptors exposed to substantial concentrations of TACs and PM

2.5 from project
construction to a less-than-significant level (see pages 146 to 147 of the Draft EIR).

The following SCOAs and General Plan FEIR mitigation measures related to air quality would apply to the project:

SCOA 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.

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14  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 ensure 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.

4. Greenhouse Gas Emissions
The Final EIR found that no significant greenhouse gas emissions impacts would occur with implementation of the following City SCOAs.

SCOA 6.6: 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.

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15 Finding: Foster City has adopted SCOA 6.6 for large new and redevelopment projects. This measure is feasible and applicable to the project and would reduce greenhouse gas impacts to a less-than-significant level. The project would be consistent with local measures identified in the City of Foster City’s Climate Action Plan (CAP) to reduce greenhouse gas emissions and is consistent with the City’s CAP.

5. Hazards and Hazardous Materials
The Final EIR found that no significant hazards and hazardous materials impacts would occur with implementation of the following City SCOAs.

SCOA 2.18: 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, prior to demolition or issuance of the first building permit. The Contingency Plan shall include provisions that require collection of soil and/or groundwater samples in the newly discovered affected area by a qualified environmental professional prior to further work, as appropriate. The samples shall be submitted for laboratory analysis by a state-certified laboratory under chain-of-custody procedures.

The analytical methods shall be selected by the environmental professional. The analytical results of the sampling shall be reviewed by the qualified environmental professional and submitted to the appropriate regulatory agency, if appropriate. The environmental professional shall provide recommendations, as applicable, regarding soil/waste management, worker health and safety training, and regulatory agency notifications, in accordance with local, state, and federal requirements. Work shall not

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16 resume in the area(s) affected until these recommendations have been implemented under the oversight of the City of regulatory agency, as appropriate; and  Designate personnel responsible for implementation of the CRMP. The CRMP shall be submitted to the Fire Department for review and approval prior to construction activities.  Emergency Preparedness and Response Procedures shall be developed by the contractor(s) for emergency notification in the event of an accidental spill or other hazardous materials emergency during project site preparation and development activities. These Procedures shall include evacuation procedures, spill containment procedures, required personal protective equipment, as appropriate, in responding to the emergency. The contractor(s) shall submit these procedures to the City prior to demolition or development activities.

SCOA 2.19: 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.

SCOA 2.22: Prior to excavation or earth working activities, the applicant shall use reasonable means to determine the presence of soil and/or groundwater contamination associated with fill materials present on-site and potential for aerially-deposited lead in soil in proximity to SR

92. Those reasonable means may consist of soil and/or groundwater sampling, and/or conducting a Phase I ESA (for those areas for which a Phase I ESA has not been prepared) and, if necessary, a Phase II ESA in accordance with the most recent ASTM International Standard. A qualified environmental professional (e.g., Professional Geologist, Professional Engineer) shall complete these investigations. Where the results of the studies indicate that soil and/or groundwater contamination is present, required oversight from a regulatory agency shall be included (e.g., SMCEHD) and any necessary remediation shall be conducted.

The findings of the investigation(s) shall be documented in a written report and shall be submitted to the City and, if required, to the regulatory oversight agency.

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17 SCOA 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.

SCOA 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.

SCOA 3.3: Beginning July 1, 2019, applicants shall complete and submit the “PCB Screening Assessment Form” for any project requiring a demolition permit.

SCOA 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.

SCOA 6.15: Upon determination by required 3
rd party testing by a City approved consultant,
that the erection of structures within the development results in decreased performance of the City’s existing public safety communications system, the building owner shall submit plans to rectify the deficiencies. Decreases in the public safety communications system performances shall be deemed to include a loss of radio contact or other radio interference resulting in a significant reduction in the performance of the public safety communications system.

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18 SCOA 6.16: Final development plans shall indicate that access to the buildings’ roof area shall be granted to the City, if required, to install auxiliary transmitters and antennas.

SCOA 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 earth working 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.

SCOA 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.

SCOA 9.15: All excess fill shall be disposed of in accordance with City requirements.

SCOA 11.13: State safety regulations regarding the transport, handling and storage of hazardous materials shall be strictly adhered to. Periodic inspection by State inspectors and city fire marshals is required.

SCOA 11.14: 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.

SCOA 11.15: Prior to such storage or use, individual businesses that intend to store or use hazardous materials must obtain a permit from the Fire Department (in accordance with the adopted California Fire Code).

SCOA 11.17: The applicant/property owner shall provide and conduct regular maintenance of the Emergency Responder Radio Coverage System (ERRCS) that meets the

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19 Telecommunications Engineering Associates (TEA) standard. The applicant/property owner shall provide an annual certificate of inspection.

Finding: Foster City has adopted SCOAs 2.18, 2.19, 2.22, 3.1, 3.2, 3.3, 3.4, 6.15, 6.16, 9.13, 9.14,

9.15, 11.13, 11.14, 11.15, 11.17 for large new and redevelopment projects. These measures are feasible and applicable to the project and would reduce construction related hazards and hazardous materials impacts of the project to a less-than-significant level.

Noise and Vibration
a. Substantial Temporary or Permanent Increase in Ambient Noise Levels Impact NOISE-1: Construction of residential development under the project could generate a substantial temporary increase in ambient noise levels in the project vicinity in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies. (S)
Mitigation Measure NOISE-1: Should construction equipment be required within applicable 100-dBA buffer areas identified in Table IV.F-6, the project applicant shall obtain prior authorization from the director of planning and development services in accordance with Municipal Code section 17.68.030(F) Exemptions. The project applicant shall also comply with any special mitigation measures as determined by the Community Development Director (referred to as director of planning and development services in the ordinance). Special mitigation measures shall be described in a Construction Noise Management Plan prepared by a qualified acoustical consultant. The project contractor(s) shall implement the approved Plan during construction. Potential attenuation measures may include, but are not limited to, the following:
 Erect temporary plywood noise barriers between the equipment and adjacent land uses.  Use “quiet” pile driving technology (e.g., silent pile driver or pre-drilling), where feasible in consideration of geotechnical and structural requirements and conditions.  Use smart back-up alarms on mobile construction equipment that automatically adjust the sound level of the alarm in response to ambient noise levels.  Use “quiet” models of air compressors and other stationary noise sources where technology exists. Select hydraulically or electrically powered equipment and avoid pneumatically powered equipment where feasible. (LTS)
The following SCOAs and General Plan FEIR mitigation measures related to noise would apply to the project:

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20 SCOA 2.9: 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.

SCOA 2.17: 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 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.

SCOA 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.

Nonconstruction 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 Dba L eq
(hourly average) or the maximum noise level of 70 dBA Lmax within occupied noise sensitive land uses. The Council 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.

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)

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21 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.

SCOA 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.

SCOA 9.4: The construction contractor shall place all stationary construction equipment so that emitted noise is directed away from sensitive receptors nearest the project site.

SCOA 9.5: The following controls shall be implemented at all construction sites within the project to control dust production and fugitive dust.  (…)
 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.

Mitigation Measure 3.9-5: Update the Noise Element of the Foster City General Plan to include the following policy language. The following policy shall apply during environmental review of major projects that involve the use of pile drivers or other heavy equipment or construction techniques that may result in significant levels of groundborne vibration.

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22 100-foot radius of construction activities susceptible to damage will be documented (photographically and in writing) prior to construction. All damage will be repaired back to its pre-existing condition.
 Substituting vibration-generating equipment with equipment or procedures that would generate lower levels of vibration. For instance, in comparison to impact piles, drilled piles or the use of a sonic or vibratory pile driver are preferred alternatives where geological conditions would permit their use.
 Other specific measures as they are deemed appropriate by the implementing agency to maintain consistency with adopted policies and regulations regarding vibration.

Finding: These measures are feasible and applicable to the project and would reduce project impacts related to noise from construction and operation of individual residential developments to a less-than-significant level.

6. Population and Housing
The Final EIR found that no significant population and housing impacts would occur with implementation of the following Housing Element Programs.

Program H-C-3-a Phased Redevelopment of Existing Multifamily Developments. If an existing multifamily apartment development is redeveloped including the removal of 25 or more units, the project construction shall be phased such that displacement of residents is minimized to the greatest extent feasible. A Planning application submitted for redevelopment including removal of any units shall include a plan that demonstrates how impacts to existing tenants that are being displaced are minimized. Such plan shall also include a robust outreach plan to affected tenants.

Program H-C-3-b Anti-Displacement Strategy. Develop an Anti-Displacement Strategy, including assessment of a variety of tenant protection measures to determine if appropriate for Foster City, including but not limited to: a) expansion of relocation benefits beyond those required by California law for landlords to pay to lower-income tenants to also apply to moderate-income tenants; b) expansion of the amount of relocation benefits beyond those required by California law for lower-income tenants; c) minimum lease terms; d) required notifications to tenants and landlords of legal requirements; and e) expansion of any other relocation/anti-displacement provisions.

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23 Finding: The project is consistent with the local, regional, and state plans and policies and would not induce unplanned population growth. The project would not result in displacement of substantial number of population or housing, and impacts to population and housing would be less than significant.

7. Public Services, Utilities, and Recreation
a. Water Supply
Impact SVCS-1: There are not sufficient water supplies available to serve the project and reasonably foreseeable future development one dry year and multiple dry years within a 20-year projection. (S)
Mitigation Measure SVCS-1 : Water Neutral Growth Policy. EMID shall adopt a Water Neutral Growth Policy to offset projected water demand. The Policy shall, at a minimum, include water efficiency measures to create a neutral impact on the overall service area demands and water use for future development projects. Because of the uncertainty relating to the implementation process and procedure of the future final policy, the timing to implement the policy and its measures, and the effectiveness of the policy to reduce all impacts to less than significant level, the impact remains significant and unavoidable. (SU) Finding: The EIR identified Mitigation Measure SVCS-1 as a potentially viable measure to reduce Impact SVCS-1 to a less-than-significant level. Mitigation Measure SCVS-1 would have required the adoption of a Water Neutral Growth Policy to offset projected water demand of future individual development projects to create a neutral impact on the overall service area water demands, which requires the Estero Municipal Improvement District Board (EMID) approval. On March 20, 2023, EMID adopted a Water Neutral Growth Policy directing staff to prepare a Water Neutrality Growth Ordinance to implement regulations requiring applicable new development, redevelopment, or change in use of any non-single family dwelling within the EMID service area that will require a new water service from EMID or will increase water demand on the project site above the baseline water demand to offset the new water demand with water offset measures to neutralize and/or reduce the impact on overall service area demands, which will require City Council approval. Because of the unknown implementation process and procedure for individual development projects and the timing to implement those measures, this impact is deemed significant and unavoidable even with this mitigation measure. The Council further finds that there are no other feasible mitigation measures that would reduce this impact to a less-than- significant level. Therefore, the impact would remain significant and unavoidable. However, this significant unavoidable impact is deemed acceptable due to other benefits of the project outlined in Section E. Statement of Overriding Considerations.

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24 The following SCOAs related to public services, utilities, and recreation would apply to the project.

SCOA 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. A separate Waste Management Plan will be required for projects that require Demolition (see Section 3.0).

SCOA 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.

SCOA 2.9: 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.

SCOA 5.8.1: 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 project.

No on-site or downstream overloading of existing sewer system will be permitted. Any necessary improvements identified by the study shall be constructed by the developer/applicant at applicant’s sole cost.

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25 SCOA 5.8.2: 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.

SCOA 5.9.1: 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.

SCOA 5.9.2: 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

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26  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.

SCOA 5.9.3: 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 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.

SCOA 5.9.4: 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.

SCOA 5.10.1: To properly evaluate necessary improvements, a complete water system capacity study of the on-and-off site water system which services the project shall be prepared by a registered civil engineer approved by the City/District Engineer, and retained

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27 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 Foster City Fire Department requirements, by the applicant at the applicant’s sole cost.

SCOA 5.10.2: 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 inches 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 8inches in diameter.

SCOA 5.10.3: Water lines shall be designed for fire flows to meet California Fire Code and Fire Department requirements.

SCOA 5.10.4: All on-site fire water service mains shall have two sources of supply connections to City/District water system, be looped and meet the requirements of the State Department of Health Services and the City Fire Marshal. A Fire Water Service Plan shall be submitted separate from civil drawings.

SCOA 5.10.6: Prior to the issuance of a building permit, fire mains shall be designed to Fire Department specifications. Fire mains shall be constructed according to those specifications.

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28 SCOA 8.1: Submit documentation showing compliance with Chapter 8.8 of the EMID Code, including, but not limited to submittal of the Outdoor Water Use Efficiency Checklist.

SCOA 9.15: All excess fill shall be disposed of in accordance with City requirements.

SCOA 9.16: All excess fill shall be disposed of in accordance with City requirements. 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.

SCOA 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.

SCOA 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.

8. Aesthetics
a. Conflicts with Regulations Governing Scenic Quality
Impact AES-1: Development under the project located south of East Hillsdale Boulevard, within established residential neighborhoods, could have a significant adverse impact on the visual quality of the city. (S)
Mitigation Measure AES-1: D
ue to the nature of aesthetic impacts being the effects of a project on the visual appearance of an area including changes to views and the overall

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29 appearance of the environment, there are no feasible mitigation measures to reduce this impact to a less-than-significant impact while meeting the project objectives. (SU) Finding: The Council finds that at this time, without clear information on how each project may implement design features to reduce any potential impact or effects to be consistent with the City’s established policies, this impact is deemed significant and unavoidable. The Council further finds that there are no feasible alternatives to the project that would avoid this impact. However, this significant unavoidable impact is deemed acceptable due to other benefits of the project outlined in Section E. Statement of Overriding Considerations.

The following SCOAs related to aesthetics and visual resources would apply to the project.

SCOA 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 project conform to the performance standards provided under Section 17.68.080 of the Foster City Municipal Code.

D. ALTERNATIVES TO THE PROJECT
Under CEQA, project alternatives that would avoid or substantially lessen a project’s significant environmental impact(s) while achieving most of the basic project objectives must be considered.

The objectives of the proposed project are to:
 Update the General Plan’s Housing Element to comply with State-mandated housing requirements and to address the maintenance, preservation, improvement, and development of housing in the city between 2023 and 2031.
 Include an inventory of housing sites and rezone the sites as necessary to meet the required Regional Housing Needs Allocation (RHNA) and to provide an appropriate buffer.  Identify and include housing sites, policies and programs that will help the City meet its Regional Housing Needs Allocation in a manner that affirmatively furthers fair housing.  Make necessary General Plan amendments and zoning changes in a manner that affirmatively furthers fair housing while preserving the character of Foster City and perpetuating the safety and welfare of both existing and future residents.

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30  Update the General Plan’s Safety Element to comply with State-mandated safety requirements and identify and assess potential risks within the city including seismic hazards, sea level rise, flooding (including dam inundation), climate change, urban fires, and hazardous materials release.

The three project alternatives analyzed in this EIR are as follows:
 No Project Alternative: Under this alternative, the City would continue to implement the adopted 2015-2023 Housing Element and Local Hazard Mitigation Plan and Safety Element adopted in 2016, and the proposed 2023-2031 Housing Element and Safety Element would not be adopted. Future housing development would be developed in accordance with the 2015-2023 Housing Element and would continue to have a development potential of 826 units. This alternative would result in a total net reduction in development potential by 2,189 units when compared to the project and a 1,070-unit shortfall of the City’s RHNA obligation.  Partial Reallocation to Mixed Use Alternative: Under this alternative, housing sites located at the Schooner Bay Apartments Site (646 units), would be eliminated from the Housing Inventory Sites. The units at this site would be reallocated by rezoning the Foster’s Landing Site from R-4/PD to allow Mixed-Use and the development of 500 units. This would increase the number of new units at this site from 819 to 1,319. In addition, Edgewater Place Center would be rezoned from C-1/PD to Mixed-Use to allow for 146 new units. Rezoning Edgewater Place Center would require a General Plan Amendment. Both the Foster’s Landing Site and Edgewater Place Center Site are located in areas with lower home-based VMT, however neither site are below the VMT threshold of 15 percent below the regional average, as all of Foster City is above that threshold. Based on the Housing Inventory Sites, this alternative would result in a net zero change in development potential.  Higher Density Alternative to Reduce VMT: Under this alternative, housing sites located at the Schooner Bay Apartments Site (646 units), would be reallocated by rezoning the Foster’s Landing Site to allow for up to 41 units per acre, increasing the amount of development at the site by 500 units. This would increase the number of new units at this site from 819 to 1,319. In addition, the Metro Center Boulevard Site would be rezoned to allow up to 58 units per acre, increasing the amount of residential development at this site by an additional 146 units. This alternative requires a General Plan Amendment for both the Foster’s Landing Site and Metro Center Boulevard Site. Both the Foster’s Landing Site and Metro Center Site are located in areas with lower home-based VMT. Based on the Housing Inventory Sites, this alternative would result in a net zero change in development potential.

The EIR includes detailed analysis on the potential impacts of each alternative by environmental topic. After reviewing the EIR and other relevant information in the administrative record, the

5.1 Exhibit A of Attachment 1 - Statement of Findings and Statement of Overriding Considerations

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31 City Council determines that the three alternatives are infeasible. The reasons for rejecting each alternative are discussed in this section. The reasons for rejecting each alternative are independent and each reason alone is sufficient to support a determination that the alternative is infeasible.

1. Alternative 1: No Project Alternative
a. Description
The No Project Alternative assumes the project site would remain in its current condition and would not be subject to new development. No physical alterations would occur and the lot would continue to be vacant.
b. Comparison to Project
The No Project Alternative would not achieve, or achieve to a lesser degree, the following project objectives:
 Update the General Plan’s Housing Element to comply with State-mandated housing requirements and to address the maintenance, preservation, improvement, and development of housing in the City between 2023 and 2031.
 Include an inventory of housing sites and rezone the sites as necessary to meet the required Regional Housing Needs Allocation (RHNA) and to provide an appropriate buffer.  Identify and include housing policies and programs that will help the City meet its Regional Housing Needs Allocation in a manner that affirmatively furthers fair housing.  Make necessary General Plan amendments and zoning changes in a manner that affirmatively furthers fair housing while preserving the character of Foster City and perpetuating the safety and welfare of both existing and future residents.  Update the General Plan’s Safety Element to comply with State-mandated safety requirements and identify and assess potential risks within the City including seismic hazards, sea level rise, flooding (including dam inundation), climate change, urban fires, and hazardous materials release.
c. Findings
Implementation of the No Project Alternative would require that future housing development would be developed in accordance with the 2015-2023 Housing Element and would continue to have a development potential of the remaining 145 very low-, low-, and moderate-income level units identified in the 2015-2023 RHNA. This alternative would result in fewer units of 145 total than the City’s identified 2023-2031 RHNA, which is 1,896 units or the RHNA plus buffer, which is 3,015 units. It should be noted that if the City were to adopt the No Project Alternative, there

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32 would likely be additional development constructed under a situation called the “Builder’s Remedy.” If a municipality does not have a Housing Element certified by the California Department of Housing and Community Development (HCD), the California’s Housing Accountability Act (HAA) allows developers of affordable housing projects (i.e., projects with at least 20 percent low-income or 100 percent moderate-income housing) to bypass the zoning code and general plan requirements of cities that are out of compliance with the Housing Element Law. Therefore, this can result in development that exceeds adopted development standards (e.g., height and density standards) and a City would have a very limited ability to deny qualifying housing development projects. Given the speculative nature of determining the amount of housing that could occur under a Builder’s Remedy situation, this alternative just includes an analysis of the 145 units, as described above. However, if the No Project Alternative was adopted by the City Council, this alternative would likely result in the development of more units than analyzed within this alternative.

Based on the foregoing findings, and even though the No Project Alternative is the environmentally superior alternative, the Council rejects Alternative 1.

2. Partial Reallocation to Mixed Use Alternative
a. Description
Under this alternative, the Schooner Bay Apartments Site (646 units), which is in a high VMT area, would be eliminated from the Housing Inventory Sites. The units at this site would be reallocated to lower VMT areas as follows:
 Foster’s Landing Site would be rezoned from R-4/PD to allow Mixed-Use and the development of 500 units. This would increase the number of new units at this site from 819 to 1,319. Rezoning Foster’s Landing to allow mixed use would require a General Plan Amendment.
 Edgewater Place Center would be rezoned from C-1/PD to Mixed-Use to allow for 146 new units. Rezoning Edgewater Place Center to allow mixed use would require a General Plan Amendment.
b. Comparison to Project
The Partial Reallocation to Mixed Use Alternative would achieve most of the project objectives.

This alternative would maintain approximately the same required number of units per RHNA. c. Findings
Both the Foster’s Landing Site and Edgewater Place Center Site are located in areas with lower home-based VMT while other environmental conditions are similar to thethe proposed project.

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33 All other inventory sites within the Housing Element Update would remain as proposed, and all the components of the project (Housing Element Update, Safety Element Update and Associated Rezonings) would be adopted. This alternative would result in the same amount of development as associated with the project (a total of 3,015 units). The combination of Foster’s Landing and Edgewater Place would replace the amount of retail that currently exists at Edgewater Place. As a result, there would not be a change to the total amount of retail space. This alternative would increase the density of some housing sites and locate more units at mixed use sites. Future residents at these sites would generate less VMT than existing Foster City residents and the home-based VMT per resident for the City would decrease slightly compared to the proposed project. However, given the proportion of this densification to the existing residents within Foster City, the reduction in the VMT per capita would not be substantial enough to reduce the VMT impact to a less-than-significant level. Therefore, this alternative would continue to result in significant and unavoidable impact to VMT, with implementation of the identified mitigation measures, when compared to the project. Furthermore, this alternative would not meet the AFFH project objectives to its full intent as the reallocation of units away from the Schooner Bay Apartments site would reduce distribution of housing choices including affordable housing in the southern part of Foster City. In addition, the Edgewater Place site has an existing long term lease with a major grocery store, and therefore, it would be challenging for the City to make the findings required for HCD approval of a non-vacant site in the 2023-2031 Housing Element Housing Sites Inventory. Therefore, this alternative would not achieve the project objectives to the same degree as the proposed project.

Based on the foregoing findings, and even though the Partial Reallocation to Mixed Use Alternative would allow the City to meet its 6th Cycle RHNA obligations and slightly reduce project impacts associated with transportation, the Council rejects Alternative 2.

3. Higher Density Alternative
a. Description
Under this alternative, housing units identified for the Schooner Bay Apartments Site (646 units), which are in a high VMT area, would be eliminated from the Housing Inventory Sites. These units would be reallocated to lower VMT areas as follows:
 Foster’s Landing Site would be rezoned to allow for up to 41 units per acre, increasing the amount of development at the site by 500 units. This would increase the number of new units at this site from 819 to 1,319. Rezoning Foster’s Landing to allow higher density would require a General Plan Amendment.
 Metro Center Boulevard Site would be rezoned to allow up to 58 units per acre, increasing the amount of residential development at this site by an additional 146 new units.

5.1 Exhibit A of Attachment 1 - Statement of Findings and Statement of Overriding Considerations

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34 b. Comparison to Project
The Higher Density Alternative would achieve most of the project objectives. This alternative would maintain approximately the same required number of units per RHNA. However, this alternative meets the AFFH project objectives to a lesser degree with the reallocation of units away from the Schooner Bay Apartments site.
c. Findings
Both the Foster’s Landing Site and Metro Center Boulevard Site are located in areas with lower home-based VMT. This alternative assumes all other inventory sites within the Housing Element Update would be developed as proposed, and all the components of the project (Housing Element Update, Safety Element Update, and General Plan and Zoning Amendments) would be adopted. This alternative would result in the same amount of development as associated with the project (3,015 units). This alternative would increase the density of some housing sites and locate more units at mixed use sites. Future residents at these sites would generate less VMT than existing Foster City residents and the home-based VMT per resident for the City would decrease slightly compared to the proposed project. However, given the proportion of this densification to the existing residents within Foster City, the reduction in the VMT per capita would not be substantial enough to reduce the VMT impact to a less-than-significant level. Therefore, this alternative would continue to result in significant and unavoidable impact to VMT, with implementation of the identified mitigation measures, when compared to the project.

Furthermore, this alternative would not meet the AFFH project objectives to its full intent as the reallocation of units away from the Schooner Bay Apartments site would reduce distribution of housing choices including affordable housing in the southern part of Foster City. Therefore, this alternative would not achieve the project objectives to the same degree as the proposed project.

Based on the foregoing findings, and even though the Hig her Density alternative would allow the city to meet its 6th Cycle RHNA obligations and would slightly reduce project impacts associated with transportation, the Council rejects Alternative 3.

E. STATEMENT OF OVERRIDING CONSIDERATIONS

1. Overriding Considerations
The Council has considered the project’s significant and unavoidable impacts set forth above and measured the benefits of the project against the unavoidable environmental impacts identified in the EIR. As authorized by CEQA Guidelines Section 15903, the Council finds that the project’s economic, social, technological , legal and other benefits, including region-wide or statewide environmental benefits outweigh and make acceptable the potentially unavoidable adverse

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35 environmental impacts. Therefore, the Council adopts this Statement of Overriding Considerations. The Council finds that the benefits of the project outweigh the benefits of other examined alternatives, including those deemed infeasible in Section D above.

2. Benefits of the Project
The expected benefits of the project are:
a. The project will improve and conserve existing housing stock.

The project will provide adequate, safe, and decent housing for existing Foster City residents.

Through the implementation of Housing Element programs, existing affordable housing stock will be retained, involvement in local housing assistance programs will become more accessible, displacement will be prevented, and infrastructure improvements will be made. b. The project will facilitate housing production and provide Foster City Residents with a variety of housing options.

The project would provide a variety of housing options for Foster City residents across all income groups. The project accommodates for the potential future development of up to 3,015 residential units, including 609 units affordable for extremely low-income households, 398 for low-income, 324 for moderate-income, and 1,684 for above moderate-income. c. The project will redevelop under-utilized sites.

Buildout of the 6th Cycle Housing Element would occur on underutilized sites. Currently, underutilized sites disrupt the area’s land use pattern and are not providing any benefit to the community or region. Rezoning underutilized sites to allow for higher density residential development will generate more variety in housing typologies throughout the city and enable small infill and missing-middle projects.
d. The project will improve equal housing opportunities and access to fair housing information.

Implementation of the Housing Element objectives will improve the provision of housing opportunities for all people and ensure the sale, rental, or financing or housing is not denied to any individual on the basis of race, ethnicity, sex, national origin, religion, age, or other factors.

The project will also ensure improved access to fair housing information such as anti- discrimination regulations and how to file a complaint is provided.

5.1 Exhibit A of Attachment 1 - Statement of Findings and Statement of Overriding Considerations

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36 e. The project will mitigate natural and human-caused hazards, thereby improving public safety and resiliency.

Implementation of the Safety Element project objectives will mitigate the potential for loss of life, injury, property damage, and economic and social disruption resulting from natural and human-caused hazards in the community. The City will be more equipped to deal with issues brought on by climate change and other hazards such as floods, droughts, earthquakes, and landslides.

F. CUSTODIAN OF DOCUMENTS
The City Clerk is designated as the custodian of the documents and record of proceedings on which this decision is based. The City Clerk’s office is located at City Hall. The address of City Hall is 610 Foster City Boulevard, Foster City, California 94404.

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ATTACHMENT 1, EXHIBIT B
1 STANDARD CONDITIONS OF APPROVAL AND MITIGATION

MONITORING AND REPORTING PROGRAM
This Standard Conditions of Approval and Mitigation Monitoring and Reporting Program (SCAMMRP) (see Table 1 below) has been prepared to comply with the requirements of State law (Public Resources Code Section 21081.6). State law requires the adoption of a mitigation monitoring program when mitigation measures are required to avoid significant impacts. The monitoring program is intended to ensure compliance during implementation of the project.

This SCAMMRP has been formulated based upon the findings of the Project’s Draft Environmental Impact Report (EIR) and the comments received on this document and addressed herein. This SCAMMRP identifies standard conditions of approval and mitigation measures recommended in the Project’s Draft EIR to avoid or reduce identified impacts and specifies the agencies/parties responsible for implementation and monitoring of the measure.

The first column identifies the standard condition of approval or mitigation measure. The second column, entitled "Party Responsible for Ensuring Implementation," refers to the person(s) who will undertake the standard condition of approval or mitigation measures. The third column, entitled “Party Responsible for Monitoring,” refers to the person/agency responsible for ensuring that the standard condition of approval or mitigation measure has been implemented and recorded. The fourth column, entitled “Monitoring Timing,” identifies when and/or for how long the monitoring shall occur.

5.1 Exhibit B of Attachment 1 - SCAMMRP - Conditions and Mitigation Measures

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2 TABLE 1: MITIGATION MEASURE/SCOA MONITORING AND REPORTING Mitigation Measures/SCOAs
Implementation
Responsibility/Action Timing
Monitoring
Responsibility/Action
Date
Completed/
Signature
A. LAND USE
Implementation of the project would not result in any significant impacts to land use.

B. TRAFFIC AND TRANSPORTATION
TRANS-1: Implement VMT Reduction Measures. Individual
housing project development proposals that do not screen out from a VMT impact analysis shall provide a quantitative VMT analysis using the methods applied in this EIR, with modifications if appropriate based on future changes to City of Foster City practices and OPR VMT analysis
methodology guidelines. Projects which result in a
significant impact shall include TDM measures and physical measures to reduce VMT, including but not limited to the measures below; some of which have been identified as
potentially VMT-reducing in the CAPCOA Handbook.

Potential VMT reduction estimates are included below, but detailed requirements, calculation steps, and limitations are described in the CAPCOA Handbook.
 Increase building density. Effectiveness: up to a 30
percent reduction in GHG from VMT for residential
projects per the CAPCOA Handbook.
 Integrate affordable and below-market rate housing: Up to a 28.6 percent reduction in GHG from VMT for
residential projects per the CAPCOA Handbook.
 Reduce parking provided. Effectiveness: Up to a 13.7
percent reduction in GHG from VMT for residential
projects per the CAPCOA Handbook.
 Unbundle parking costs (i.e., sell or lease parking
separately from the housing unit). Effectiveness: Up to

15.7 percent reduction in GHG from VMT per the
CAPCOA Handbook, although the effectiveness is lower
in suburban settings.
 Provide car-sharing, bike-sharing, or scooter-sharing programs. Effectiveness: 0.15 – 0.18 percent reduction in GHG from VMT for car share, 0.02 – 0.06 percent for bike share, and 0.07 percent for scooter share, per the
Project Applicant

Prior to
project
approval
Foster City
Community
Development
Department

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3 TABLE 1: MITIGATION MEASURE/SCOA MONITORING AND REPORTING Mitigation Measures/SCOAs
Implementation
Responsibility/Action Timing
Monitoring
Responsibility/Action
Date
Completed/
Signature
CAPCOA Handbook. The higher car share and bike share
values are for electric car and bike share programs.
 Subsidize transit passes for residents of affordable
housing. Effectiveness: Up to 5.5 percent reduction in
GHG from VMT per the CAPCOA Handbook.
 Other measures not listed in CAPCOA but are proven to be effective means of reducing the amount of VMT
generated by residents include increasing the mix of
uses by adding retail or services within a site or within convenient walking distance.

Residential development projects located in the lower VMT areas as shown on Figures IV.B-4 and IV.B-5 (generally in Central Foster City) would likely have a less-than-significant impact with the implementation of the on-site VMT
reduction measures noted above. Residential development projects located within the areas with higher VMT on the periphery of Foster City may have a significant impact even after implementation of these measures given the longer trip lengths needed to reach services and jobs.

In addition to the on-site measures noted above, individual housing projects that are above the VMT threshold could potentially contribute to future VMT mitigation fee
programs, banks, or exchanges. A VMT mitigation program would fund transportation projects and programs that lead to a reduction in VMT, including pedestrian and bicycle projects connecting to transit, schools, and other
destinations. No local or regional VMT mitigation programs currently exist, however, should such a program be
implemented, development projects could potentially pay into a fee program or purchase mitigation credits to achieve needed VMT mitigation instead of, or in addition to, on-site TDM measures.

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Implementation
Responsibility/Action Timing
Monitoring
Responsibility/Action
Date
Completed/
Signature
and the lack of an off-site mitigation option, the
effectiveness of reducing an individual project’s VMT
impact to a less than significant level cannot be determined as part of this EIR. As a result, this impact is identified conservatively as significant and unavoidable with
mitigation given the possibility that some projects may not be able to identify and implement measures to reduce the VMT impact to a less-than-significant level.

SCOA 1.9: 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.

Project Applicant/Contractor Prior to
commencin
g work
Foster City
Engineering Division

SCOA 1.12: Prior to opening, details of sales office and/or model homes, including special landscaping, signing,
parking and lighting shall be approved by staff.

Project Applicant Prior to
opening
Foster City
Community
Development
Department

SCOA 2.20: Prior to issuance of a building permit, the
applicant shall contact and discuss with SamTrans the
desirability for and location of bus turnouts for SamTrans buses, as well as providing see-through, covered bus
shelters to serve the users of the development. The
applicant shall respond in writing to the City with a letter from SamTrans indicating that improvements are not
necessary or that the proposed improvements are
satisfactory to SamTrans prior to issuance of a building permit.

Project Applicant Prior to
issuance of
building
permit
Foster City
Community
Development
Department

SCOA 2.21: The timing of the installation of the proposed bus system improvements shall be established by the City, in coordination with SamTrans.

City of Foster City Ongoing City of Foster City
SCOA 8.15: Prior to issuance of a Building Permit, the
applicant shall design for general public use, bicycle trails throughout the development with provisions for bicycle
storage facilities to the satisfaction of the Engineering Division. Bike trails shall be constructed according to plan.

Project Applicant Prior to
issuance of
building
permit
Foster City
Community
Development
Department

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5 TABLE 1: MITIGATION MEASURE/SCOA MONITORING AND REPORTING Mitigation Measures/SCOAs
Implementation
Responsibility/Action Timing
Monitoring
Responsibility/Action
Date
Completed/
Signature
SCOA 8.16: 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.

Project Applicant Prior to
issuance of
a building
permit
Foster City
Community
Development
Department

SCOA 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.

Project Applicant/Contractor Prior to
start of
demolition/
constructio
n
Foster City
Community
Development
Department

SCOA 10.24: Prior to occupancy, all apartment buildings or condominium complexes shall be required to provide
parking stalls designated and signed for visitor parking.

Project Applicant Prior to
occupancy
Foster City
Community
Development
Department

SCOA 11.05: 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.

Project Contractor/Project
Occupants
Ongoing
throughout
demolition,
grading,
trenching,
constructio
n and
operation
of the
project
Foster City
Community
Development
Department

SCOA 11.07: The current and future owners shall be
responsible for implementing the Transportation Demand
Management (TDM) Program required by the City/County
Association of Governments on file with the Community
Development Department and attached as Exhibit B. The
owner or its successor in interest shall file an annual report by January 31 of each year with the Foster City Community Project Owner Ongoing Foster City
Community
Development
Department

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Implementation
Responsibility/Action Timing
Monitoring
Responsibility/Action
Date
Completed/
Signature
Development Department documenting efforts undertaken
and results achieved in the previous year pursuant to the TDM program.

SCOA 11.16: The applicant, HOA, or any future owner shall provide and conduct regular maintenance of the site in
order to preserve all loading zones, fire lanes, and
restricted parking zones as readily visible and identifiable.

Project Applicant/HOA/Future
Owner
Ongoing Foster City
Community
Development
Department

C. AIR QUALITY
AIR-1: Residential Construction Controls for Criteria Air Pollutants. For construction of residential projects that exceed the Bay Area Air Quality Management District’s
(BAAQMD’s) most recently adopted screening criteria
(currently 114 single-family units or 240 multi-family units), the project applicant shall retain a qualified air quality consultant to identify measures to reduce the project’s criteria air pollutant and precursor emissions below the BAAQMD’s recommended thresholds of significance.

Emission reduction measures may include, but are not
limited to, the use of off-road equipment with engines that meet the Environmental Protection Agency’s Tier 4 emission standards, or engines retrofitted with the most effective Verified Diesel Emissions Control Strategy (VDECS) certified by the California Air Resources Board (CARB), or other off- road equipment that demonstrate equivalent emission
reduction meeting the EPA’s standards. Quantified
emissions and identified reduction measures shall be
submitted to the city (and the Air District if specifically requested) for review and approval prior to the issuance of building permits and the approved criteria air pollutant reduction measures shall be implemented during
construction.

In addition, the project applicant shall prepare a
Construction Emissions Minimization Plan (Emissions Plan) for all identified criteria air pollutant reduction measures (if any). The Emissions Plan shall be submitted to the City (and Project Applicant Prior to
issuance of
building
permits
Foster City
Community
Development
Department

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Implementation
Responsibility/Action Timing
Monitoring
Responsibility/Action
Date
Completed/
Signature
BAAQMD if specifically requested) for review and approval prior to the issuance of building permits. The Emissions Plan shall include the following:
 An equipment inventory summarizing the type of off-
road equipment required for each phase of construction, including the equipment manufacturer, equipment
identification number, engine model year, engine
certification (tier rating), horsepower, and engine serial number. For all VDECS, the equipment inventory shall
also include the technology type, serial number, make,
model, manufacturer, CARB verification number level,
and installation date.
 A Certification Statement that the Contractor agrees to comply fully with the Emissions Plan and acknowledges
that a significant violation of the Emissions Plan shall constitute a material breach of contract.

AIR-2: Residential Operation Controls for Criteria Air
Pollutants. For operation of residential projects that exceed the Bay Area Air Quality Management District’s (BAAQMD’s) most recently adopted screening criteria (currently 325 single-family units or 451 multi-family units), the project applicant shall retain a qualified air quality consultant to identify measures to reduce the project’s criteria air
pollutant and precursor emissions below the BAAQMD’s
recommended thresholds of significance. Emission
reduction measures may include, but are not limited to, the following:
 Implementation of a Transportation and Parking Demand Management program to reduce vehicle trips.
 Compliance with off-street electric vehicle (EV)
requirements in the most recently adopted version of
CALGreen Tier 2 to reduce vehicle emissions.
 Exclusion of natural gas appliances or natural gas
plumbing.

Quantified emissions and identified reduction measures
shall be submitted to the City (and the Air District if Project Applicant Prior to
issuance of
building
permit
Foster City
Community
Development
Department

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8 TABLE 1: MITIGATION MEASURE/SCOA MONITORING AND REPORTING Mitigation Measures/SCOAs
Implementation
Responsibility/Action Timing
Monitoring
Responsibility/Action
Date
Completed/
Signature
specifically requested) for review and approval prior to the issuance of building permits and the approved criteria air pollutant reduction measures shall be implemented during construction.

AIR-3a: Residential Construction Controls for Diesel
Particulate Matter. For construction of residential projects with a construction duration greater than 6 months that are located in an area defined as needing “Best Practices” or “Further Study” on the BAAQMD’s Planning Healthy Places Map (https://www.baaqmd.gov/
plans-and-climate/planning-healthy-places), the project applicant shall apply one of the following measures:
 The project applicant shall retain a qualified air quality consultant to prepare a Health Risk Assessment (HRA) in accordance with current guidance from the Office of
Environmental Health Hazard Assessment to determine
the health risks to sensitive receptors exposed to diesel particulate matter (DPM) from project construction
emissions. The HRA shall be submitted to the City (and
BAAQMD if specifically requested) for review and
approval. If the HRA concludes that the health risks are at or below acceptable levels, then DPM reduction measures are not required. If the HRA concludes that the health
risks exceed acceptable levels, DPM reduction measures
shall be identified to reduce the health risks to
acceptable levels. Identified DPM reduction measures
shall be submitted to the City for review and approval
prior to the issuance of building permits and the
approved DPM reduction measures shall be implemented
during construction.
 All off-road diesel equipment shall be equipped with the most effective VDECS available for the engine type (Tier 4 engines automatically meet this requirement) as certified by CARB. The equipment shall be properly maintained
and tuned in accordance with manufacturer
specifications.

Project Applicant/Contractor Prior to
issuance of
building
permit
Foster City
Community
Development
Department

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Responsibility/Action Timing
Monitoring
Responsibility/Action
Date
Completed/
Signature
In addition, the project applicant shall prepare a
Construction Emissions Minimization Plan (Emissions Plan) for all identified DPM reduction measures (if any). The Emissions Plan shall be submitted to the City (and BAAQMD if specifically requested) for review and approval prior to the issuance of building permits. The Emissions Plan shall include the following:
 An equipment inventory summarizing the type of off-
road equipment required for each phase of construction, including the equipment manufacturer, equipment
identification number, engine model year, engine
certification (tier rating), horsepower, and engine serial number. For all VDECS, the equipment inventory shall
also include the technology type, serial number, make,
model, manufacturer, CARB verification number level,
and installation date.
 A Certification Statement that the Contractor agrees to comply fully with the Emissions Plan and acknowledges
that a significant violation of the Emissions Plan shall constitute a material breach of contract.

AIR-3b: Residential Emergency Generators. Require all
emergency generators for new residential development
projects (if needed) to use best available control technology for air pollutant emissions, such as using engines that meet the Environmental Protection Agency’s Tier 4 Final emission standards or are battery powered.

Project Applicant/Contractor Ongoing Foster City
Community
Development
Department

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Responsibility/Action Timing
Monitoring
Responsibility/Action
Date
Completed/
Signature
 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 ensure 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

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Monitoring
Responsibility/Action
Date
Completed/
Signature
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.

Mitigation Measure 3.1-2. Update the Foster City General Plan Conservation Element to include the following policies and action items. The following policies and action items shall apply during environmental review of individual
projects effective immediately.
 Policy: Minimize exposure of sensitive receptors to
concentrations of air pollutant emissions and toxic air contaminants.
 P olicy : Require discretionary projects involving sensitive receptors such as children, the elderly, or people with illnesses that are proposed within 500 feet of the State Route 92 corridor to include an analysis of mobile source toxic air contaminant health risks. The analysis, if
necessary, shall identify feasible mitigation measures to reduce health risks to acceptable levels.
 A
ction : Review all new industrial and commercial
development projects for potential air quality impacts to residences and other sensitive receptors. The City shall ensure that mitigation measures and best management
City of Foster City:
• Update Policies

Project Applicant:
• Prepare air quality
analysis

Prior to
project
approval
Foster City
Community
Development
Department

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Responsibility/Action Timing
Monitoring
Responsibility/Action
Date
Completed/
Signature
practices are implemented to reduce significant
emissions of criteria pollutants.
 Action: Review development, infrastructure, and planning projects for consistency with Bay Area Air Quality
Management District (BAAQMD) requirements during the
California Environmental Quality Act (CEQA) review
process. Require project applicants to prepare air quality analyses to address BAAQMD and General Plan
requirements, which include analysis and identification of:

1. Air pollutant emissions associated with the project
during construction, project operation, and
cumulative conditions.

2. Potential exposure of sensitive receptors to toxic air contaminants.

3. Significant air quality impacts associated with the
project for construction, project operation, and
cumulative conditions.

4. Mitigation measures to reduce significant impacts to less than significant or the maximum extent feasible
where impacts cannot be mitigated to less than
significant.

D. GREENHOUSE GAS EMISSIONS
No significant impacts to greenhouse gas emissions would occur with implementation of the City SCOAs listed in this table.

Project Applicant Prior to
project
approval
Foster City
Community
Development
Department

E. HAZARDS AND HAZARDOUS MATERIALS
No significant impacts to hazards and hazardous materials would occur with implementation of the City SCOAs listed in this table.

SCOA 2.18: The applicant shall prepare a project-specific Construction Risk Management Plan (CRMP) to protect
Project Applicant Prior to
demolition
Foster City
Community

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Responsibility/Action Timing
Monitoring
Responsibility/Action
Date
Completed/
Signature
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, prior to demolition or
issuance of the first building permit. The Contingency
Plan shall include provisions that require collection of soil and/or groundwater samples in the newly discovered affected area by a qualified environmental professional prior to further work, as appropriate. The samples shall be submitted for laboratory analysis by a state-certified laboratory under chain-of-custody procedures. The
analytical methods shall be selected by the
environmental professional. The analytical results of the sampling shall be reviewed by the qualified
environmental professional and submitted to the
appropriate regulatory agency, if appropriate. The
environmental professional shall provide
recommendations, as applicable, regarding soil/waste
management, worker health and safety training, and
regulatory agency notifications, in accordance with local, or
developme
nt activities
Development
Department

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Implementation
Responsibility/Action Timing
Monitoring
Responsibility/Action
Date
Completed/
Signature
state, and federal requirements. Work shall not resume in the area(s) affected until these recommendations have
been implemented under the oversight of the City of
regulatory agency, as appropriate; and
 Designate personnel responsible for implementation of the CRMP. The CRMP shall be submitted to the Fire
Department for review and approval prior to construction activities.
 Emergency Preparedness and Response Procedures shall
be developed by the contractor(s) for emergency
notification in the event of an accidental spill or other hazardous materials emergency during project site
preparation and development activities. These
Procedures shall include evacuation procedures, spill
containment procedures, required personal protective
equipment, as appropriate, in responding to the
emergency. The contractor(s) shall submit these
procedures to the City prior to demolition or
development activities.

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.

Project Contractor Prior to
demolition
or
developme
nt activities

Foster City
Community
Development
Department

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Implementation
Responsibility/Action Timing
Monitoring
Responsibility/Action
Date
Completed/
Signature
SCOA 2.22: Prior to excavation or earth working activities, the applicant shall use reasonable means to determine the presence of soil and/or groundwater contamination
associated with fill materials present on-site and potential for aerially-deposited lead in soil in proximity to SR 92.

Those reasonable means may consist of soil and/or
groundwater sampling, and/or conducting a Phase I ESA
(for those areas for which a Phase I ESA has not been
prepared) and, if necessary, a Phase II ESA in accordance with the most recent ASTM International Standard. A
qualified environmental professional (e.g., Professional Geologist, Professional Engineer) shall complete these
investigations. Where the results of the studies indicate that soil and/or groundwater contamination is present, required oversight from a regulatory agency shall be included (e.g., SMCEHD) and any necessary remediation shall be
conducted. The findings of the investigation(s) shall be documented in a written report and shall be submitted to the City and, if required, to the regulatory oversight agency.

Project Applicant Prior to
excavation
or earth
working
activities
Foster City
Community
Development
Department/
Applicable regulatory
oversight agencies

SCOA 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.

Project Contractor Prior to
issuance of
a
demolition
permit
Foster City
Community
Development
Department/
Applicable regulatory
oversight agencies

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Implementation
Responsibility/Action Timing
Monitoring
Responsibility/Action
Date
Completed/
Signature
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.
60 days
following
constructio
n
SCOA 3.3: Beginning July 1, 2019, applicants shall complete and submit the “PCB Screening Assessment Form” for any
project requiring a demolition permit.

Project Applicant Prior to
issuance of
demolition
permit
Foster City
Community
Development
Department

SCOA 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.

Project Applicant Prior to
issuance of
demolition
permit
Foster City
Community
Development
Department

SCOA 6.15: Upon determination by required 3rd party
testing by a City approved consultant, that the erection of structures within the development results in decreased
performance of the City’s existing public safety
communications system, the building owner shall submit
plans to rectify the deficiencies. Decreases in the public safety communications system performances shall be
deemed to include a loss of radio contact or other radio interference resulting in a significant reduction in the performance of the public safety communications system.

Project Applicant Prior to
issuance of
building
permit

Foster City
Community
Development
Department

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Implementation
Responsibility/Action Timing
Monitoring
Responsibility/Action
Date
Completed/
Signature
SCOA 6.16: Final development plans shall indicate that
access to the buildings’ roof area shall be granted to the City, if required, to install auxiliary transmitters and antennas.

Project Applicant Prior to
issuance of
building
permit
Foster City
Community
Development
Department

SCOA 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 earth working 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.

Project Applicant Prior to
excavation
and earth
work
activities
Foster City
Community
Development
Department

SCOA 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.

Project Contractor Prior to
constructio
n
Foster City
Community
Development
Department/ CMCEHD

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Implementation
Responsibility/Action Timing
Monitoring
Responsibility/Action
Date
Completed/
Signature
SCOA 9.15: All excess fill shall be disposed of in
accordance with City requirements.

Project Contractor Ongoing
throughout
demolition,
grading,
trenching,
constructio
n, and
operation
period
Foster City
Community
Development
Department

SCOA 11.13: State safety regulations regarding the
transport, handling and storage of hazardous materials
shall be strictly adhered to. Periodic inspection by State inspectors and city fire marshals is required.

Project Contractor Ongoing
throughout
demolition,
grading,
trenching,
constructio
n, and
operation
period
State inspector/City
Fire Marshal

SCOA 11.14: 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.

Project Contractor Ongoing
throughout
demolition,
grading,
trenching,
constructio
n, and
operation
period
State inspector/City
Fire Marshal

SCOA 11.15: Prior to such storage or use, individual
businesses that intend to store or use hazardous materials must obtain a permit from the Fire Department (in
accordance with the adopted California Fire Code).

Project Occupant Prior to
occupation
Fire Department
SCOA 11.17: The applicant/property owner shall provide
and conduct regular maintenance of the Emergency
Responder Radio Coverage System (ERRCS) that meets the
Telecommunications Engineering Associates (TEA)
standard. The applicant/property owner shall provide an annual certificate of inspection.

Project Applicant/Property Owner Ongoing
throughout
demolition,
grading,
trenching,
constructio
Fire Department

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Implementation
Responsibility/Action Timing
Monitoring
Responsibility/Action
Date
Completed/
Signature
n, and
operation
period

F. NOISE AND VIBRATION
NOISE-1: Should construction equipment be required within applicable 100-dBA buffer areas identified in Table IV.F-6, the project applicant shall obtain prior authorization from the director of planning and development services in
accordance with Municipal Code section 17.68.030(F)
Exemptions. The project applicant shall also comply with any special mitigation measures as determined by the
Community Development Director (referred to as director of planning and development services in the ordinance).

Special mitigation measures shall be described in a
Construction Noise Management Plan prepared by a
qualified acoustical consultant. The project contractor(s) shall implement the approved Plan during construction.

Potential attenuation measures may include, but are not limited to, the following:
 Erect temporary plywood noise barriers between the
equipment and adjacent land uses.
 Use “quiet” pile driving technology (e.g., silent pile driver or pre-drilling), where feasible in consideration of
geotechnical and structural requirements and conditions.  Use smart back-up alarms on mobile construction
equipment that automatically adjust the sound level of
the alarm in response to ambient noise levels.
 Use “quiet” models of air compressors and other
stationary noise sources where technology exists. Select hydraulically or electrically powered equipment and avoid pneumatically powered equipment where feasible.

Project Applicant/Contractor Ongoing
throughout
demolition,
grading,
trenching
and
constructio
n
Foster City
Community
Development
Department

SCOA 2.9: 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
Project Contractor Ongoing
throughout
demolition,
grading,
Foster City
Community
Development
Department

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Implementation
Responsibility/Action Timing
Monitoring
Responsibility/Action
Date
Completed/
Signature
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. trenching
and
constructio
n

SCOA 2.17: 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 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.

Project Applicant/Contractor Prior to
commence-
ment of site
work or
placement
of
constructio
n trailers
Foster City
Community
Development
Department

SCOA 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.

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 Project Contractor Ongoing
throughout
demolition,
grading,
trenching
and
constructio
n
Foster City
Community
Development
Department

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Implementation
Responsibility/Action Timing
Monitoring
Responsibility/Action
Date
Completed/
Signature
interior noise level of 50 Dba Leq (hourly average) or the maximum noise level of 70 dBA Lmax 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.

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.

SCOA 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.

Project Contractor Ongoing
throughout
demolition,
grading,
trenching
and
constructio
n
Foster City
Community
Development
Department

SCOA 9.4: The construction contractor shall place all
stationary construction equipment so that emitted noise is directed away from sensitive receptors nearest the project site.

Project Contractor Ongoing
throughout
demolition,
grading,
trenching
and
constructio
n
Foster City
Community
Development
Department

SCOA 9.5: The following controls shall be implemented at all construction sites within the project to control dust production and fugitive dust.
 (…)
 Idling times shall be minimized either by shutting
equipment off when not in use or reducing the maximum
Project Contractor Ongoing
throughout
demolition,
grading,
trenching
and
Foster City
Community
Development
Department

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Implementation
Responsibility/Action Timing
Monitoring
Responsibility/Action
Date
Completed/
Signature
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. constructio
n
Mitigation Measure 3.9-5: Update the Noise Element of the Foster City General Plan to include the following policy language. The following policy shall apply during
environmental review of major projects that involve the use of pile drivers or other heavy equipment or construction techniques that may result in significant levels of
groundborne vibration.

Projects shall be designed and implemented to reduce
adverse construction vibration impacts to sensitive
receptors, as feasible, when vibration-related construction activities are to occur within 100 feet or less from existing sensitive receptors. Measures to reduce noise and vibration effects may include, but are not limited to:
 Phase demolition, earth-moving, and ground-impacting
operations so as not to occur in the same time period.
 The pre-existing condition of all buildings within a 100- foot radius will be recorded in order to evaluate damage from construction activities. Fixtures and finishes within a 100-foot radius of construction activities susceptible to damage will be documented (photographically and in
writing) prior to construction. All damage will be repaired back to its pre-existing condition.
 Substituting vibration-generating equipment with
equipment or procedures that would generate lower
levels of vibration. For instance, in comparison to impact piles, drilled piles or the use of a sonic or vibratory pile driver are preferred alternatives where geological
conditions would permit their use.
 Other specific measures as they are deemed appropriate by the implementing agency to maintain consistency with adopted policies and regulations regarding vibration.

Project Contractor Ongoing
throughout
demolition,
grading,
trenching
and
constructio
n
Foster City
Community
Development
Department

G. POPULATION AND HOUSING

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Implementation
Responsibility/Action Timing
Monitoring
Responsibility/Action
Date
Completed/
Signature
No significant impacts to population and housing would
occur with implementation of the Housing Element
Programs listed in this table.

Program H-C-3-a Anti-Displacement Plan for
Redevelopment of Existing Multifamily Developments. If
an existing multifamily apartment development is repaired or redeveloped including the displacement of one or more tenants, the application submitted for repairs or
redevelopment including displacement of any tenants shall include a plan that demonstrates how impacts to existing tenants that are being displaced are minimized through
such means as phasing, financial assistance, and relocation services. Such plan shall also include a robust outreach plan to affected tenants.

Program H-C-3-b Anti-Displacement Strategy. Develop an
Anti-Displacement Strategy, including assessment of a
variety of tenant protection measures to determine if
appropriate for Foster City, including but not limited to: a) expansion of relocation benefits beyond those required by California law for landlords to pay to lower-income tenants to also apply to moderate-income tenants; b) expansion of the amount of relocation benefits beyond those required by California law for lower-income tenants; c) minimum lease terms; d) required notifications to tenants and landlords of legal requirements; and e) expansion of any other
relocation/anti-displacement provisions.`

H. PUBLIC SERVICES, UTILITIES, AND RECREATION
SVCS-1: Water Neutral Growth Policy. EMID shall adopt a Water Neutral Growth Policy to offset projected water
demand. The Policy shall, at a minimum, include water
efficiency measures to create a neutral impact on the
overall service area demands and water use for future
development projects. Because of the uncertainty relating to the implementation process and procedure of the future final policy, the timing to implement the policy and its measures, and the effectiveness of the policy to reduce all EMID Ongoing EMID

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Implementation
Responsibility/Action Timing
Monitoring
Responsibility/Action
Date
Completed/
Signature
impacts to less than significant level, the impact remains significant and unavoidable. (SU)
SCOA 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. A separate Waste
Management Plan will be required for projects that require Demolition (see Section 3.0).

Project Applicant Prior to
demolition
or
constructio
n activities
Foster City
Community
Development
Department

SCOA 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.

Project Applicant/Contractor Prior to
issuance of
building
permit
Foster City
Community
Development
Department

SCOA 2.9: 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.

Project Contractor Ongoing
throughout
demolition,
grading,
trenching
and
constructio
n

Foster City
Community
Development
Department

Project Applicant Prior to
issuance of
building
permit
Foster City
Engineering Division

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Implementation
Responsibility/Action Timing
Monitoring
Responsibility/Action
Date
Completed/
Signature
 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 project.

No on-site or downstream overloading of existing sewer
system will be permitted. Any necessary improvements
identified by the study shall be constructed by the
developer/applicant at applicant’s sole cost.

SCOA 5.8.2: 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.

Project Applicant Prior to
issuance of
building
permit
Foster City
Engineering Division

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Implementation
Responsibility/Action Timing
Monitoring
Responsibility/Action
Date
Completed/
Signature
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.

SCOA 5.9.2: 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.

Project Applicant Prior to
issuance of
building
permit
Foster City
Engineering Division

SCOA 5.9.3: 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 Project Applicant Prior to
issuance of
building
permit
Foster City
Engineering Division

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Implementation
Responsibility/Action Timing
Monitoring
Responsibility/Action
Date
Completed/
Signature
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.

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.

SCOA 5.9.4: 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.

Project Applicant Prior to
issuance of
building
permit
Foster City
Engineering Division

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Implementation
Responsibility/Action Timing
Monitoring
Responsibility/Action
Date
Completed/
Signature
SCOA 5.10.1: To properly evaluate necessary
improvements, a complete water system capacity study of the on-and-off site water system which services the 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 Foster City Fire Department
requirements, by the applicant at the applicant’s sole cost Project Applicant Prior to
issuance of
building
permit
Foster City
Engineering
Division/Fire
Department

SCOA 5.10.2: 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 inches 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;
Project Applicant Prior to
issuance of
building
permit
Foster City
Engineering Division

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Implementation
Responsibility/Action Timing
Monitoring
Responsibility/Action
Date
Completed/
Signature
 and together with appurtenances to any or all of the
above;
 all water mains serving fire hydrants, shall be a minimum of 8 inches in diameter.

SCOA 5.10.3: Water lines shall be designed for fire flows to meet California Fire Code and Fire Department
requirements.

Project Applicant Prior to
issuance of
building
permit
Foster City
Engineering
Division/City Fire
Marshal

SCOA 5.10.6: Prior to the issuance of a building permit, fire mains shall be designed to Fire Department specifications.

Fire mains shall be constructed according to those
specifications
Project Applicant Prior to
issuance of
building
permit
Foster City
Engineering
Division/City Fire
Marshal

SCOA 8.1: Submit documentation showing compliance with
Chapter 8.8 of the EMID Code, including, but not limited to submittal of the Outdoor Water Use Efficiency Checklist.

Project Applicant
Prior to
issuance of
building
permit
Foster City
Engineering Division

SCOA 9.15: All excess fill shall be disposed of in
accordance with City requirements.

Project Applicant Ongoing
throughout
demolition,
grading,
trenching
and
constructio
n
Foster City
Engineering Division

SCOA 9.16: All excess fill shall be disposed of in
accordance with City requirements. 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.

Project Applicant Ongoing
throughout
demolition,
grading,
trenching
and
Foster City
Engineering Division

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Implementation
Responsibility/Action Timing
Monitoring
Responsibility/Action
Date
Completed/
Signature
constructio
n
SCOA 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.

Project Applicant Prior to
issuance of
occupancy
permit
Foster City
Engineering Division

SCOA 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.

Project Applicant Prior to
issuance of
occupancy
permit
Foster City Public
Works Department

I. AESTHETICS
AES-1: Due to the nature of aesthetic impacts being the effects of a project on the visual appearance of an area including changes to views and the overall appearance of the environment, there are no feasible mitigation measures to reduce this impact to a less-than-significant impact while meeting the project objectives.

NA NA NA

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Implementation
Responsibility/Action Timing
Monitoring
Responsibility/Action
Date
Completed/
Signature
SCOA 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 project conform to the performance standards provided under Section

17.68.080 of the Foster City Municipal Code.

Project Applicant/Contractor Prior to
issuance of
occupancy
permit
Foster City
Community
Development
Department

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191

8 0
9 RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY ADOPTING A GENERAL PLAN AMENDMENT TO REPEAL THE 2015-2023 HOUSING ELEMENT

AND ADOPT THE HOUSING ELEMENT OF THE GENERAL PLAN FOR THE PERIOD OF 2023-2031 INCLUDING POLICIES AND PROGRAMS TO AFFIRMATIVELY

FURTHER FAIR HOUSING, AND RELATED AMENDMENTS TO THE LAND USE AND

CIRCULATION ELEMENT IN COMPLIANCE WITH STATE HOUSING ELEMENT LAW

AND FINDING THE AMENDMENTS WITHIN THE SCOPE OF THE EIR PREPARED FOR THE FOSTER CITY HOUSING AND SAFETY ELEMENTS UPDATE – GP2020- 0002 AND GP2022-0001

CITY OF FOSTER CITY
WHEREAS, California Government Code Sections 65300, et. seq., require every city and county in California to adopt a General Plan for its long-range development, and further, to periodically update that Plan to reflect current conditions and issues; and WHEREAS, the California Legislature has found that “California has a housing supply and affordability crisis of historic proportions. The consequences of failing to effectively and aggressively confront this crisis are hurting millions of Californians, robbing future generations of the chance to call California home, stifling economic opportunities for workers and businesses, worsening poverty and homelessness, and undermining the state’s environmental and climate objectives” (Gov. Code Section 65589.5.); and
WHEREAS, the Legislature has further found that “Among the consequences of those actions are discrimination against low-income and minority households, lack of housing to support employment growth, imbalance in jobs and housing, reduced mobility, urban sprawl, excessive commuting, and air quality deterioration” (Gov. Code Section 65589.5.); and
WHEREAS, the Legislature adopted the Housing Crisis Act of 2019 (SB 330) which states that “In 2018, California ranked 49th out of the 50 states in housing units per capita… California needs an estimated 180,000 additional homes annually to keep up with population growth, and the Governor has called for 3.5 million new homes to be built over 7 years”; and
WHEREAS, State Housing Element Law (Government Code Sections 65580 – 65589.11) requires that the City Council adopt a Housing Element for the eight-year period 2023-2031 to accommodate the City of Foster City (City) Regional Housing Needs Allocation (RHNA) of 1,896 housing units, comprised of 520 very-low income units, 299 low-income units, 300 moderate-income units, and 777 above moderate- income units; and

5.1 Attachment 2 - Resolution to Adopt Housing Element

192

8 0
9 WHEREAS, to comply with State Housing Element Law, the City of Foster City has prepared the Housing Element 2023-2031 (the Housing Element) in compliance with State Housing Element Law and has identified sites that can accommodate housing units meeting the City’s RHNA; and
WHEREAS, as provided in Government Code Sections 65350, et. seq., adoption of the Housing Element constitutes a General Plan Amendment; and WHEREAS, as provided in Government Code Sections 65352 – 65352.4 the City has referred the Housing Element to all California Native American tribes on the contact list provided by the Native American Heritage Commission and to other entities listed; and
WHEREAS, no California Native American Tribe has requested consultation; and WHEREAS, State law requires that the City take meaningful steps to promote and affirmatively further fair housing (Gov. Code Section 65583(c)(5)); and WHEREAS, State law requires that the City make zoning available for all types of housing, including multifamily housing (Gov. Code Sections 65583.2 and 65583(c)); and WHEREAS, the Housing Element must be adopted to comply with State law, accommodate the RHNA, affirmatively further fair housing, and facilitate and encourage a variety of housing types for all income levels, including multifamily housing (Gov.

Code Sections 65583.2 and 65583(c)); and
WHEREAS, in accordance with California Public Utilities Code Section 21676(b), the Draft Housing Element was referred to the San Mateo County Airport Land Use Commission (ALUC) for a determination of consistency with relevant airport / land use compatibility criteria in the Comprehensive Airport Land Use Compatibility Plan for the Envrions of San Carlos Airport (San Carlos ALUCP); and
WHEREAS, the Board of Directors of the City/County Association of Governments of San Mateo County (C/CAG), in its capacity as the San Mateo County Airport Land Use Commission adopted Resolution 23-29 on April 13, 2023 finding the Foster City 2023-2013 Housing Element Update is consistent with the Comprehensive Airport Land Use Compatibility Plan for the Environs of the San Carlos Airport; and WHEREAS, the City conducted extensive community outreach over more than three years including twenty-nine (29) public meetings or workshops, tabling at events, an interactive webpage with a housing preferences and priorities survey and an interactive map of potential housing sites, social media, e-news, press releases, emails, and notices; and
WHEREAS, in accordance with Government Code Section 65585 (b), on May 4, 2022, the City posted the draft Housing Element and requested public comment for a 30- day review period, and on July 5, 2022, after responding to public comments, the City

5.1 Attachment 2 - Resolution to Adopt Housing Element

193

8 0
9 submitted the draft Housing Element to the State Department of Housing and Community Development (HCD) for its review; and
WHEREAS, on October 3, 2022, the City received a letter from HCD providing its comments regarding the draft Housing Element; and
WHEREAS, on February, 6, 2023, the City published a revised draft Housing Element responding to HCD’s comments and requested public comment on the draft during a seven (7) day comment period; and
WHEREAS, on February 16, 2023, the City published a second revised draft Housing Element responding to additional public comment on the draft and requested public comment on the draft during a seven (7) day comment period; and WHEREAS, on February 24, 2023, the City submitted the revised Housing Element to the HCD for its review; and
WHEREAS, on April 24, 2023, the City received a second letter from HCD providing its comments regarding the revised draft Housing Element; and WHEREAS, on May 1, 2023, the City published a third revised draft Housing Element responding to HCD’s letter of April 24, 2023; and WHEREAS, on May 15, 2023, the City published a fourth revised draft Housing Element responding to additional verbal comments by HCD on May 1, 2023; and WHEREAS, the City, as lead agency under the California Environmental Quality Act (“CEQA”), has completed the Foster City Housing and Safety Elements Update Environmental Impact Report (“EIR”) for the Housing and Safety Elements Update; and WHEREAS, the Planning Commission held a public hearing to consider comments on the adequacy of the EIR on March 16, 2023; and
WHEREAS, on May 4, 2023, the Planning Commission adopted Resolution No. P- 03-23 recommending that the City Council certify the Housing Element EIR and that the City Council adopt CEQA findings, a Statement of Overriding Considerations, and a Standard Conditions of Approval Mitigation Monitoring and Reporting Program; and WHEREAS, recitals and findings from the Planning Commission adopted Resolution No. P-03-23 are incorporated by reference;
WHEREAS, to ensure the internal consistency of the elements of the General Plan, the City wishes to amend the descriptions of several Land Use Map designations contained in the Land Use and Circulation Element and amend Land Use Map designations for Foster’s Landing Apartments (094-980-070) from Condominium Residential to Civic Center Mixed Use and 1601 Beach Park Boulevard from Public/Semi- Public to Two Family Residential; and

5.1 Attachment 2 - Resolution to Adopt Housing Element

194

8 0
9 WHEREAS, as provided in Government Code Section 65353, the Planning Commission shall hold at least one public hearing before approving a recommendation on the adoption or amendment of a general plan; and
WHEREAS, on April 19, 2023, a public hearing notice was published, posted in three public places, and mailed pursuant to California Government Code Section 65090 for the Planning Commission public hearing on May 4, 2023; and WHEREAS, on May 4, 2023 the Planning Commission conducted a duly and properly noticed public hearing to take public testimony and consider a Resolution regarding the proposed Housing Element and related amendments to the Land Use and Circulation Element, reviewed the Housing Element and all pertinent maps, documents and exhibits, including HCD’s findings, the City’s response to HCD’s findings, the staff report and all attachments, and oral and written public comments, and adopted Resolution No. P-04-23 recommending that the City Council adopt a General Plan Amendment to repeal the 2015-2023 Housing Element and adopt the Housing Element of the General Plan for the period of 2023-2031 including policies and programs to affirmatively further fair housing, and related amendments to the Land Use and Circulation Element in compliance with State Housing Element Law and finding the amendments within the scope of the EIR prepared for the Foster City Housing and Safety Elements Update, including the following revisions:
a. Sites Inventory – revise the capacity for Franciscan (from 104 to 83) and Lagoons (from 161 to 121);
b. Affirmatively Furthering Fair Housing – include the key findings from Appendix B into Chapter 3; and
c. Amend H-D-6-e to include objective approval findings with amendments to include objective design standards; and
WHEREAS, as provided in Government Code Section 65355, the City Council shall hold at least one public hearing before approving an amendment of a general plan; and
WHEREAS, on May 10, 2023, a public hearing notice was published, posted in three public places, and mailed pursuant to California Government Code Section 65090 for the City Council public hearing on May 22, 2023; and WHEREAS, the City Council 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, as required by Water Code Sections 10910 through 10915, on May 15, 2023, the Estero Municipal Improvement District adopted a Resolution Approving the Water Supply Assessment (WSA) Report for the Final EIR, and the City Council is also required to accept and approve the WSA as part of the Housing and Safety Element Update;

5.1 Attachment 2 - Resolution to Adopt Housing Element

195

8 0
9 NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby finds that, based on substantial evidence in the record:

1. The foregoing recitals are true and correct and are incorporated by reference into this action.

2. The proposed project conforms to the provisions and standards of the General Plan in that the proposed amendments are internally consistent with all other provisions of the General Plan and do not conflict with any of the previously adopted goals, policies or programs of the General Plan.

3. The proposed amendments are necessary to implement the goals and policies of the General Plan by providing increased housing opportunities for a wider variety of housing options by type and affordability in more neighborhoods throughout the City; maintain land designated for a variety of residential, commercial and other uses which provide a mix of housing types, densities, and tenure (LUC-C); continue to strive to maintain a balance between the number of jobs in the City and the number of housing units available to house workers (LUC-C-2); encourage a range of housing units, including some less conventional choices (LUC-C-3); encourage housing production by allowing mixed residential/commercial projects to be built at an appropriate density to reduce trips to and from and within the City (LUC-C-4); allow for a range of residential densities and housing types (LUC-C-6); promote land use strategies that decrease reliance on automobile use, increase the use of alternative modes of transportation, maximize efficient provision of services, and reduce emissions of GHGs (LUC-H); and encourage the aggregation and redevelopment of under-utilized properties and/or outdated buildings (LUC-K).

4. The proposed General Plan Amendment complies with, and is required by, applicable State law, including that the Housing Element substantially complies with Housing Element Law, as provided in Government Code Sections 65580, et seq,. and contains all provisions required by State Housing Element Law, as shown in Exhibit A to this resolution, incorporated herein by this reference.

5. As required by Government Code Section 65585(e), the City has considered findings made by the California Department of Housing and Community Development (HCD) included in HCD’s letters to the City dated October 3, 2022 and April 24, 2023. Consistent with Government Code Section 65585(f)(1), the City has changed the Housing Element Update in response to the findings of HCD to substantially comply with the requirements of Article 10.6 of the Government Code as interpreted by HCD, as described in Exhibit B and Exhibit C with the revisions as shown in Exhibit D which are incorporated by reference and adopted along with this resolution.

5.1 Attachment 2 - Resolution to Adopt Housing Element

196

8 0
9 6. The proposed amendments will not be detrimental to the public interest, convenience, and general welfare of the City. The amendments will result in a logical placement of land uses consistent with the overall intent of the General Plan and facilitate housing development opportunities at a range of income levels and household types. The proposed General Plan Amendment will facilitate the development, maintenance, and improvement of adequate and affordable housing for new and existing residents, which will be a benefit to the public.

7. Based on substantial evidence in the record, including a strong history of residential development on non-vacant sites in Foster City such as Pilgrim Triton, Marlin Cove, and Miramar as noted on page D-6 through D-8; demonstrating market demand for such development with examples of housing developments constructed on non-vacant land throughout San Mateo and Santa Clara Counties in recent years as noted on pages D-17-D-18; a long history of inclusionary housing requirements to provide affordable housing as noted on pages C-8 through C-11; approvals of housing densities up to 93 units per acre as noted in Table 2 on page D-8; the fact that redevelopment of large existing apartment properties does not require the existing use to be discontinued as noted on pages D-15-D-16; and other incentives for residential development as noted in Table 1l7 on page C-37; the existing uses on the non-vacant sites identified in the Sites Inventory to accommodate the RHNA do not constitute an impediment to planned residential development on the sites during the planning period.

NOW, THEREFORE BE IT FURTHER RESOLVED that the does hereby amend the General Plan as follows:

A. Repeal the 2015-2023 Housing Element and adopt the 2023-2031 Housing Element attached hereto as Exhibit E, incorporated by this reference (GP2020-0002).

B. Amend the Land Use Element including the Land Use Plan attached hereto as Exhibit F, incorporated by this reference (GP2022-0001).

C. That the Community Development Director or designee is directed to file all necessary material with HCD for the Department to find that the Housing Element is in conformance with Housing Element Law and is further directed and authorized to make all non-substantive changes to the Housing Element to make it internally consistent or to address any non-substantive changes or amendments requested by HCD to achieve certification.

D. The Community Development Director or designee is hereby directed to distribute copies of the Housing Element in the manner provided in Government Code Section 65357.

5.1 Attachment 2 - Resolution to Adopt Housing Element

197

8 0
9 E. The City Council hereby accepts and approves the WSA as adopted by the Estero Municipal Improvement District on May 15, 2023.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the special meeting held on the 22nd day of May, 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________

JON FROOMIN, MAYOR
ATTEST:
____________________________

PRISCILLA SCHAUS, CITY CLERK

5.1 Attachment 2 - Resolution to Adopt Housing Element

198

8 0
9 EXHIBIT A
Housing Element Compliance with State Housing Element Law

5.1 Attachment 2 - Resolution to Adopt Housing Element

199

8 0
9 EXHIBIT B
Summary of HCD 10/3/22 Comments and City Responses

5.1 Attachment 2 - Resolution to Adopt Housing Element

200

8 0
9 EXHIBIT C
Summary of HCD 4/24/23 Comments and City Responses

5.1 Attachment 2 - Resolution to Adopt Housing Element

201

8 0
9 EXHIBIT D
2023-2031 Housing Element dated May 15, 2023 – REDLINE VERSION

5.1 Attachment 2 - Resolution to Adopt Housing Element

202

8 0
9 EXHIBIT E
2023-2031 Housing Element dated May 15, 2023 – CLEAN VERSION

5.1 Attachment 2 - Resolution to Adopt Housing Element

203

8 0
9 EXHIBIT F
Amendments to Land Use and Circulation Element including Land Use Map

5.1 Attachment 2 - Resolution to Adopt Housing Element

204

Attachment 2, Exhibit A
Housing Element Compliance with State Housing Element Law 1 Government Code Provision Housing Element Compliance
Section 65583
The housing element shall consist of an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing.
• Existing and projected housing needs: Chapter 2,
Housing Needs Assessment
• Goals and policies; scheduled programs; quantified
objectives: Chapter 8, Housing Goals, Policies, and
Programs
• Financial resources: Appendix D, Housing
Resources and Sites
The housing element shall identify adequate sites for housing, including rental housing, factory-built housing, mobile homes, and emergency shelters, and shall make adequate provision for the existing and projected needs of all economic segments of the community.

Chapter 5, Housing Resources and Sites
The element shall contain all of the following:
65583 (a) An assessment of housing needs and an inventory of resources and constraints relevant to the meeting of these needs.

The assessment and inventory shall include all of the following:
• Assessment of housing needs: Chapter 2, Housing
Needs Assessment
• Inventory of Resources: Chapter 5, Housing
Resources and Sites
• Inventory of Constraints: Chapter 4, Constraints

65583 (a)(1) An analysis of population and employment trends and documentation of projections
Chapter 2, Housing Needs Assessment, Population
Characteristics and Trends
65583 (a)(1) A quantification of the locality’s existing and projected housing needs for all income levels, including extremely low income households, as defined in subdivision (b) of Section 50105 and Section 50106 of the Health and Safety Code. These existing and projected needs shall include the locality’s share of the regional housing need in accordance with Section 65584. Local agencies shall calculate the subset of very low income households allotted under Section 65584 that qualify as extremely low income households. The local agency may either use available census data to calculate the percentage of very low income households that qualify as extremely low income households or presume that 50 percent of the very low income households qualify as extremely low income households. The number of extremely low income Chapter 2, Housing Needs Assessment, Regional Housing
Needs Allocation (RHNA)

5.1 Exhibit A of Attachment 2 - Housing Element Compliance with State Housing Element Law

205

Attachment 2, Exhibit A
Housing Element Compliance with State Housing Element Law 2 Government Code Provision Housing Element Compliance
households and very low income households shall equal the jurisdiction’s allocation of very low income households pursuant to Section 65584.
65583 (a)(2) An analysis and documentation of household characteristics, including level of payment compared to ability to pay,
Chapter 2, Housing Needs Assessment, Housing Costs and
Cost Burden
65583 (a)(2) housing characteristics, including overcrowding, and • Housing characteristics: Chapter 2, Housing Needs Assessment, Housing Stock Characteristics and
Trends
• Overcrowding: Chapter 3, Affirmatively Furthering
Fair Housing
65583 (a)(2) Housing stock condition. Chapter 2, Housing Needs Assessment, Housing Conditions 65583 (a)(3) An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites, and an analysis of the relationship of the sites identified in the land inventory to the jurisdiction’s duty to affirmatively further fair housing. Note: Please see Section 65583.2 regarding the land inventory.

Chapter 5, Housing Resources and Sites
Pursuant to Government Code Section 65583(e) the
modifications to Section (a)(4) made by AB 2339 effective January 1, 2023 are not applicable because the City’s draft Housing Element was submitted to HCD on July 5, 2022

65583 (a)(4)(A) The identification of a zone or zones where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit. The identified zone or zones shall include sufficient capacity to accommodate the need for emergency shelter identified in paragraph (7), except that each local government shall identify a zone or zones that can accommodate at least one year-round emergency shelter.

Appendix C, Constraints, Emergency Shelters and Low
Barrier Navigation Centers
65583 (a)(4)(A) If the local government cannot identify a zone or zones with sufficient capacity, the local government shall include a Chapter 8, Housing Goals, Policies, and Programs, Program H-F-2-d Emergency Shelter Zoning

5.1 Exhibit A of Attachment 2 - Housing Element Compliance with State Housing Element Law

206

Attachment 2, Exhibit A
Housing Element Compliance with State Housing Element Law 3 Government Code Provision Housing Element Compliance
program to amend its zoning ordinance to meet the requirements of this paragraph within one year of the adoption of the housing element. The local government may identify additional zones where emergency shelters are permitted with a conditional use permit. 65583 (a)(4)(A) The local government shall also demonstrate that existing or proposed permit processing, development, and management standards are objective and encourage and facilitate the development of, or conversion to, emergency shelters.

Appendix C, Constraints, Emergency Shelters and Low
Barrier Navigation Centers
65583 (a)(4)(A) Emergency shelters may only be subject to those development and management standards that apply to residential or commercial development within the same zone except that a local government may apply written, objective standards that include all of the following:
(i) The maximum number of beds or persons permitted to be served nightly by the facility.
(ii) Sufficient parking to accommodate all staff working in the emergency shelter, provided that the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone.
(iii) The size and location of exterior and interior onsite waiting and client intake areas.
(iv) The provision of onsite management.
(v) The proximity to other emergency shelters, provided that emergency shelters are not required to be more than 300 feet apart.
(vi) The length of stay.
(vii) Lighting.
(viii) Security during hours that the emergency shelter is in operation.

Appendix C, Constraints, Emergency Shelters and Low
Barrier Navigation Centers
65583 (a)(4)(B) The permit processing, development, and management standards applied under this paragraph shall not be deemed to be discretionary acts within the meaning of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).

Appendix C, Constraints, Emergency Shelters and Low
Barrier Navigation Centers

5.1 Exhibit A of Attachment 2 - Housing Element Compliance with State Housing Element Law

207

Attachment 2, Exhibit A
Housing Element Compliance with State Housing Element Law 4 Government Code Provision Housing Element Compliance
65583 (a)(4)(C) A local government that can demonstrate to the satisfaction of the department the existence of one or more emergency shelters either within its jurisdiction or pursuant to a multijurisdictional agreement that can accommodate that jurisdiction’s need for emergency shelter identified in paragraph (7) may comply with the zoning requirements of subparagraph (A) by identifying a zone or zones where new emergency shelters are allowed with a conditional use permit.

Appendix C, Constraints, Emergency Shelters and Low
Barrier Navigation Centers
65583 (a)(4)(D) A local government with an existing ordinance or ordinances that comply with this paragraph shall not be required to take additional action to identify zones for emergency shelters. The housing element must only describe how existing ordinances, policies, and standards are consistent with the requirements of this paragraph.

Appendix C, Constraints, Emergency Shelters and Low
Barrier Navigation Centers
65583 (a)(5) An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and [Note: The types of housing identified in Section 65583(c)(1) include multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional
housing.]
Appendix C, Constraints
65583 (a)(5) for persons with disabilities as identified in the analysis pursuant to paragraph (7),
Appendix C, Constraints, Provisions for a Variety of Housing Needs
65583 (a)(5) including land use controls, Appendix C, Constraints, Land Use Controls 65583 (a)(5) building codes and their enforcement, Appendix C, Constraints, Building Controls 65583 (a)(5) site improvements, Appendix C, Constraints, On- and Off- Site Improvements 65583 (a)(5) fees and other exactions required of developers, Appendix C, Constraints, Fees 65583 (a)(5) local processing and permit procedures, Appendix C, Constraints, Local Processing and Permit Procedures
65583 (a)(5) and any locally adopted ordinances that directly impact the cost and supply of residential development.

Appendix C, Constraints, Density Bonus Ordinance
65583 (a)(5) The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the locality from Appendix C, Constraints, Governmental Constraints

5.1 Exhibit A of Attachment 2 - Housing Element Compliance with State Housing Element Law

208

Attachment 2, Exhibit A
Housing Element Compliance with State Housing Element Law 5 Government Code Provision Housing Element Compliance
meeting its share of the regional housing need in accordance with Section 65584
65583 (a)(5) and from meeting the need for housing for persons with disabilities, supportive housing, transitional housing, and emergency shelters identified pursuant to paragraph (7).

Appendix C, Constraints, Provisions for a Variety of Housing Needs
65583 (a)(6) An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing, Appendix C, Constraints, Availability of Financing
65583 (a)(6) the price of land, Appendix C, Constraints, Development Costs 65583 (a)(6) the cost of construction, Appendix C, Constraints, Nongovernmental Constraints 65583 (a)(6) the requests to develop housing at densities below those anticipated in the analysis required by subdivision (c) of Section 65583.2,
Appendix C, Constraints, Nongovernmental Constraints
65583 (a)(6) and the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a locality’s share of the regional housing need in accordance with Section 65584.

Appendix C, Constraints, Local Processing and Permit
Procedures
65583 (a)(6) The analysis shall also demonstrate local efforts to remove nongovernmental constraints that create a gap between the locality’s planning for the development of housing for all income levels and the construction of that housing.

Appendix C, Constraints
65583 (a)(7) An analysis of any special housing needs, such as those of the

65583 (a)(7) elderly; Appendix A, Housing Needs Assessment 65583 (a)(7) persons with disabilities, including a developmental disability, as defined in Section 4512 of the Welfare and Institutions Code;
Appendix C, Constraints, Provisions for a Variety of Housing Needs
65583 (a)(7) large families; Appendix A, Housing Needs Assessment 65583 (a)(7) farmworkers; Appendix A, Housing Needs Assessment 65583 (a)(7) families with female heads of households; Appendix A, Housing Needs Assessment 65583 (a)(7) and families and persons in need of emergency shelter.

Appendix A, Housing Needs Assessment
65583 (a)(7) The need for emergency shelter shall be assessed based on the capacity necessary to accommodate the most recent Appendix A, Housing Needs Assessment

5.1 Exhibit A of Attachment 2 - Housing Element Compliance with State Housing Element Law

209

Attachment 2, Exhibit A
Housing Element Compliance with State Housing Element Law 6 Government Code Provision Housing Element Compliance
homeless point-in-time count conducted before the start of the planning period, the need for emergency shelter based on number of beds available on a year-round and seasonal basis, the number of shelter beds that go unused on an average monthly basis within a one-year period, and the percentage of those in emergency shelters that move to permanent housing solutions.
65583 (a)(7) The need for emergency shelter may be reduced by the number of supportive housing units that are identified in an adopted 10-year plan to end chronic homelessness and that are either vacant or for which funding has been identified to allow construction during the planning period.

N/A
65583 (a)(7) An analysis of special housing needs by a city or county may include an analysis of the need for frequent user coordinated care housing services.

Appendix C, Constraints, Provisions for a Variety of Housing Needs
65583 (a)(8) An analysis of opportunities for energy conservation with respect to residential development. Cities and counties are encouraged to include weatherization and energy efficiency improvements as part of publicly subsidized housing rehabilitation projects. This may include energy efficiency measures that encompass the building envelope, its heating and cooling systems, and its electrical system.

Appendix D, Housing Resources and Sites, Opportunities for Energy Conservation
65583 (a)(9) An analysis of existing assisted housing developments that are eligible to change from low-income housing uses during the next 10 years due to termination of subsidy contracts, mortgage prepayment, or expiration of restrictions on use. “Assisted housing developments,” for the purpose of this section, shall mean multifamily rental housing that receives governmental assistance under federal programs listed in subdivision (a) of Section 65863.10, state and local multifamily revenue bond programs, local redevelopment programs, the federal Community Development Block Grant Program, or local in-lieu fees. “Assisted housing developments” shall also include multifamily rental units that were developed pursuant to a local inclusionary housing program or used to qualify for a density bonus pursuant to Section 65916.

Chapter 2, Housing Needs Assessment, Assisted Rental
Housing “At Risk” of Conversion

5.1 Exhibit A of Attachment 2 - Housing Element Compliance with State Housing Element Law

210

Attachment 2, Exhibit A
Housing Element Compliance with State Housing Element Law 7 Government Code Provision Housing Element Compliance
65583 (a)(9)(A) The analysis shall include a listing of each development by project name and address, the type of
governmental assistance received, the earliest possible date of change from low-income use, and the total number of elderly and nonelderly units that could be lost from the locality’s low-income housing stock in each year during the 10-year period. For purposes of state and federally funded projects, the analysis required by this subparagraph need only contain information available on a statewide basis.

Appendix A, Section 8, Assisted Rental Housing “At Risk” of Conversion
65583 (a)(9)(B) The analysis shall estimate the total cost of producing new rental housing that is comparable in size and rent levels, to replace the units that could change from low-income use, and an estimated cost of preserving the assisted housing developments. This cost analysis for replacement housing may be done aggregately for each five-year period and does not have to contain a project-by-project cost estimate.

Appendix A, Section 8, Assisted Rental Housing “At Risk” of Conversion
65583 (a)(9)(C) The analysis shall identify public and private nonprofit corporations known to the local government that have legal and managerial capacity to acquire and manage these housing developments.

Appendix A, Section 8, Assisted Rental Housing “At Risk” of Conversion
65583 (a)(9)(D) The analysis shall identify and consider the use of all federal, state, and local financing and subsidy programs that can be used to preserve, for lower income households, the assisted housing developments, identified in this paragraph, including, but not limited to, federal Community Development Block Grant Program funds, tax increment funds received by a redevelopment agency of the community, and administrative fees received by a housing authority operating within the community. In considering the use of these financing and subsidy programs, the analysis shall identify the amounts of funds under each available program that have not been legally obligated for other purposes and that could be available for use in preserving assisted housing developments.

Appendix A, Section 8, Assisted Rental Housing “At Risk” of Conversion
65583 (b) (1) A statement of the community’s goals, quantified objectives, and policies relative to affirmatively furthering fair Chapter 8, Housing Goals, Policies, and Programs

5.1 Exhibit A of Attachment 2 - Housing Element Compliance with State Housing Element Law

211

Attachment 2, Exhibit A
Housing Element Compliance with State Housing Element Law 8 Government Code Provision Housing Element Compliance
housing and to the maintenance, preservation, improvement, and development of housing.
65583 (b) (2) It is recognized that the total housing needs identified pursuant to subdivision (a) may exceed available resources and the community’s ability to satisfy this need within the content of the general plan requirements outlined in Article 5 (commencing with Section 65300). Under these circumstances, the quantified objectives need not be identical to the total housing needs. The quantified objectives shall establish the maximum number of housing units by income category, including extremely low income, that can be constructed, rehabilitated, and conserved over a five- year time period.

Chapter 8, Housing Goals, Policies, and Programs, Foster City Housing Element Quantified Objectives
65583 (c) A program that sets forth a schedule of actions during the planning period, each with a timeline for implementation, that may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element
Chapter 8, Housing Goals, Policies, and Programs
65583 (c) through the administration of land use and development controls,
Chapter 8, Housing Goals, Policies, and Programs
65583 (c) the provision of regulatory concessions and incentives, Chapter 8, Housing Goals, Policies, and Programs 65583 (c) the utilization of appropriate federal and state financing and subsidy programs when available,
Chapter 8, Housing Goals, Policies, and Programs
65583 (c) and the utilization of moneys in a low- and moderate- income housing fund of an agency if the locality has established a redevelopment project area pursuant to the Community
Redevelopment Law (Division 24 (commencing with Section 33000) of the Health and Safety Code).

Chapter 8, Housing Goals, Policies, and Programs
In order to make adequate provision for the housing needs of all economic segments of the community, the program shall do all of the following:

65583 (c)(1) Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to Chapter 8, Housing Goals, Policies, and Programs

5.1 Exhibit A of Attachment 2 - Housing Element Compliance with State Housing Element Law

212

Attachment 2, Exhibit A
Housing Element Compliance with State Housing Element Law 9 Government Code Provision Housing Element Compliance
accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Section 65584.09.
65583 (c)(1) Sites shall be identified as needed to affirmatively further fair housing
Chapter 5, Housing Resources and Sites
65583 (c)(1) and to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing,
Appendix D, Housing Resources and Sites
65583 (c)(1) factory-built housing, Chapter 8, Housing Goals, Policies, and Programs 65583 (c)(1) mobilehomes, N/A – there are no mobile homes or mobile home parks in Foster City
65583 (c)(1) housing for agricultural employees, Appendix A, Section 6.6 Farmworkers 65583 (c)(1) supportive housing, Chapter 8, Housing Goals, Policies, and Programs 65583 (c)(1) single-room occupancy units, Chapter 8, Housing Goals, Policies, and Programs 65583 (c)(1) emergency shelters, Chapter 8, Housing Goals, Policies, and Programs 65583 (c)(1) and transitional housing. Chapter 8, Housing Goals, Policies, and Programs 65583 (c)(1)(A) Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, rezoning of those sites, including adoption of minimum density and development standards, for jurisdictions with an eight-year housing element planning period pursuant to Section 65588, shall be completed no later than three years after either the date the housing element is adopted pursuant to subdivision (f) of Section 65585 or the date that is 90 days after receipt of comments from the department pursuant to subdivision (b) of Section 65585, whichever is earlier, unless the deadline is extended pursuant to subdivision (f). Notwithstanding the foregoing, for a local government that fails to adopt a housing element that the department has found to be in substantial compliance with this article within 120 days of the statutory deadline in Section 65588 for adoption of the housing element, rezoning of those sites, including adoption of minimum density and development standards, Chapter 8, Housing Goals, Policies, and Programs, Program H-D-1-b General Plan and Zoning Amendments to Facilitate Housing on Housing
Opportunity Sites in the Sites Inventory

5.1 Exhibit A of Attachment 2 - Housing Element Compliance with State Housing Element Law

213

Attachment 2, Exhibit A
Housing Element Compliance with State Housing Element Law 10 Government Code Provision Housing Element Compliance shall be completed no later than one year from the statutory deadline in Section 65588 for adoption of the housing element. 65583 (c)(1)(B) Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, the program shall identify sites that can be developed for housing within the planning period pursuant to subdivision (h) of Section 65583.2. The identification of sites shall include all components specified in Section 65583.2. Note: Please see Section 65583.2 regarding the land inventory and conformance with subdivision (h).

N/A
65583 (c)(1)(C) Where the inventory of sites pursuant to paragraph (3) of subdivision (a) does not identify adequate sites to accommodate the need for farmworker housing, the program shall provide for sufficient sites to meet the need with zoning that permits farmworker housing use by right, including density and
development standards that could accommodate and facilitate the feasibility of the development of farmworker housing for low- and very low income households.

Chapter 8, Housing Goals, Policies, and Programs, Program H-F-1-a and H-F-1-g
65583 (c)(2) Assist in the development of adequate housing to meet the needs of extremely low, very low, low-, and moderate- income households.

Chapter 8, Housing Goals, Policies, and Programs
65583 (c)(3) Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and
Chapter 8, Housing Goals, Policies, and Programs
65583 (c)(3) housing for persons with disabilities. The program shall remove constraints to, and provide reasonable
accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities.

Chapter 8, Housing Goals, Policies, and Programs
65583 (c)(3) Transitional housing and supportive housing shall be considered a residential use of property and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone.

Transitional and Supportive Housing is
permitted in all residential zoning
designations, see Appendix C, Constraints, Provisions for a Variety of Housing Needs

5.1 Exhibit A of Attachment 2 - Housing Element Compliance with State Housing Element Law

214

Attachment 2, Exhibit A
Housing Element Compliance with State Housing Element Law 11 Government Code Provision Housing Element Compliance 65583 (c)(3) Supportive housing, as defined in Section 65650, shall be a use by right in all zones where multifamily and mixed uses are permitted, as provided in Article 11 (commencing with Section 65650).

Transitional and Supportive Housing is
permitted in all residential zoning
designations, see Appendix C, Constraints, Provisions for a Variety of Housing Needs
65583 (c)(4) Conserve and improve the condition of the existing affordable housing stock, which may include addressing ways to mitigate the loss of dwelling units demolished by public or private action.

Chapter 8, Housing Goals, Policies, and Programs
65583 (c)(5) Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law.

Chapter 8, Housing Goals, Policies, and Programs
65583 (c)(6) Preserve for lower income households the assisted housing developments identified pursuant to paragraph (9) of subdivision (a).

Chapter 8, Housing Goals, Policies, and Programs
(c)(6) The program for preservation of the assisted housing developments shall utilize, to the extent necessary, all available federal, state, and local financing and subsidy programs identified in paragraph (9) of subdivision (a), except where a community has other urgent needs for which alternative funding sources are not available.

Chapter 8, Housing Goals, Policies, and Programs
65583 (c)(6) The program may include strategies that involve local regulation and technical assistance.

Chapter 8, Housing Goals, Policies, and Programs
65583 (c)(7) Develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at affordable rent, as defined in Section 50053 of the Health and Safety Code, for very low, low-, or moderate-income households.

For purposes of this paragraph, “accessory dwelling units” has the same meaning as “accessory dwelling unit” as defined in paragraph (4) of subdivision (i) of Section 65852.2.

Chapter 8, Housing Goals, Policies, and Programs, H-D-4 Accessory Dwelling Units.

5.1 Exhibit A of Attachment 2 - Housing Element Compliance with State Housing Element Law

215

Attachment 2, Exhibit A
Housing Element Compliance with State Housing Element Law 12 Government Code Provision Housing Element Compliance 65583 (c)(8) Include an identification of the agencies and officials responsible for the implementation of the various actions and the means by which consistency will be achieved with other general plan elements and community goals.

Chapter 8, Housing Goals, Policies, and Programs
65583 (c)(9) Include a diligent effort by the local government to achieve public participation of all economic segments of the community in the development of the housing element, and the program shall describe this effort.

Chapter 7, Public Participation
65583 (c)(10)(A) Affirmatively further fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2. The program shall include an assessment of fair housing in the jurisdiction that shall include all of the following components:

65583 (c)(10)(A)(i) A summary of fair housing issues in the jurisdiction and
Chapter 3, Affirmatively Furthering Fair Housing
65583 (c)(10)(A)(i) an assessment of the jurisdiction’s fair housing enforcement and fair housing outreach capacity.

Appendix B, Section 2, Fair Housing and Outreach Capacity 65583 (c)(10)(A)(ii) An analysis of available federal, state, and local data and knowledge to identify integration and segregation patterns and trends,
Appendix B, Section 3, Integration and Segregation
65583 (c)(10)(A)(ii) racially or ethnically concentrated areas of poverty and affluence,
Appendix B, Section 3, Integration and Segregation
65583 (c)(10)(A)(ii) disparities in access to opportunity, Appendix B, Section 4, Access to Opportunity 65583 (c)(10)(A)(ii) and disproportionate housing needs, Appendix B, Section 5, Disproportionate Housing Needs 65583 (c)(10)(A)(ii) including displacement risk. Appendix B, Section 5, Disproportionate Housing Needs 65583 (c)(10)(A)(ii) The analysis shall identify and examine such patterns, trends, areas, disparities, and needs, both within the jurisdiction and
Chapter 3, Affirmatively Furthering Fair Housing
65583 (c)(10)(A)(ii) comparing the jurisdiction to the region in which it is located, based on race and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2) and Section 65008.

Chapter 3, Affirmatively Furthering Fair Housing
(c)(10)(A)(iii) An assessment of the contributing factors, including the local and regional historical origins and
• Assessment of contributing factors: Chapter 3,
Affirmatively Furthering Fair Housing

5.1 Exhibit A of Attachment 2 - Housing Element Compliance with State Housing Element Law

216

Attachment 2, Exhibit A
Housing Element Compliance with State Housing Element Law 13 Government Code Provision Housing Element Compliance • Local and regional historical origins: Appendix B,
Section 1, Introduction and Primary Findings
65583 (c)(10)(A)(iii) current policies and practices, for the fair housing issues identified under clauses (i) and (ii).

Appendix B, Section 2, Fair Housing and Outreach Capacity 65583 (c)(10)(A)(iv) An identification of the jurisdiction’s fair housing priorities and goals, giving highest priority to those factors identified in clause (iii) that limit or deny fair housing choice or access to opportunity, or negatively impact fair housing or civil rights compliance,
Chapter 3, Affirmatively Furthering Fair Housing, Table 3-1:

Summary Matrix of Fair Housing Issues and Actions
65583 (c)(10)(A)(iv) and identifying the metrics and milestones for determining what fair housing results will be achieved.

Chapter 3, Affirmatively Furthering Fair Housing, Table 3-1:

Summary Matrix of Fair Housing Issues and Actions
65583 (c)(10)(A)(v) Strategies and actions to implement those priorities and goals, which may include, but are not limited to, enhancing mobility strategies and
Chapter 3, Affirmatively Furthering Fair Housing, Table 3-1:

Summary Matrix of Fair Housing Issues and Actions
65583 (c)(10)(A)(v) encouraging development of new affordable housing in areas of opportunity, as well as
Chapter 3, Affirmatively Furthering Fair Housing, Table 3-1:

Summary Matrix of Fair Housing Issues and Actions
65583 (c)(10)(A)(v) place-based strategies to encourage community revitalization, including preservation of existing affordable housing, and
Chapter 3, Affirmatively Furthering Fair Housing, Table 3-1:

Summary Matrix of Fair Housing Issues and Actions
65583 (c)(10)(A)(v) aprotecting existing residents from displacement.

Chapter 3, Affirmatively Furthering Fair Housing, Table 3-1:

Summary Matrix of Fair Housing Issues and Actions
65583 (c)(10)(B) A jurisdiction that completes or revises an assessment of fair housing pursuant to Subpart A (commencing with Section 5.150) of Part 5 of Subtitle A of Title 24 of the Code of Federal Regulations, as published in Volume 80 of the Federal Register, Number 136, page 42272, dated July 16, 2015, or an analysis of impediments to fair housing choice in accordance with the requirements of Section 91.225 of Title 24 of the Code of Federal Regulations in effect before August 17, 2015, may incorporate relevant portions of that assessment or revised assessment of fair housing or analysis or revised analysis of impediments to fair housing into its housing element.

N/A
65583 (c)(10)(C) The requirements of this paragraph shall apply to housing elements due to be revised pursuant to Section 65588 on or after January 1, 2021.

5.1 Exhibit A of Attachment 2 - Housing Element Compliance with State Housing Element Law

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Attachment 2, Exhibit A
Housing Element Compliance with State Housing Element Law 14 Government Code Provision Housing Element Compliance 65583 (d)(1) A local government may satisfy all or part of its requirement to identify a zone or zones suitable for the development of emergency shelters pursuant to paragraph (4) of subdivision (a) by adopting and implementing a multijurisdictional agreement, with a maximum of two other adjacent communities, that requires the participating jurisdictions to develop at least one year-round emergency shelter within two years of the beginning of the planning period.

Chapter 8, Housing Goals, Policies, and Programs, H-F-2-c Multi-Jurisdictional Emergency Shelter
65583 (d)(2) The agreement shall allocate a portion of the new shelter capacity to each jurisdiction as credit toward its emergency shelter need, and each jurisdiction shall describe how the capacity was allocated as part of its housing element.

65583 (d)(3) Each member jurisdiction of a multijurisdictional agreement shall describe in its housing element all of the following:

65583 (d)(3)(A) How the joint facility will meet the jurisdiction’s emergency shelter need.
65583 (d)(3)(B) The jurisdiction’s contribution to the facility for both the development and ongoing operation and management of the facility.
65583 (d)(3)(C) The amount and source of the funding that the jurisdiction contributes to the facility.

65583 (d)(4) The aggregate capacity claimed by the participating jurisdictions in their housing elements shall not exceed the actual capacity of the shelter.

65583 (e) Except as otherwise provided in this article, amendments to this article that alter the required content of a housing element shall apply to both of the following: [Note that this provision is applicable to AB 2339 (Chapter 654, Statutes of 2022), which amended Section 65583(a)(4). Jurisdictions adopting their housing element after January 1, 2023 should describe why this amendment is not applicable to them.]

5583 (e) (1) A housing element or housing element amendment prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when a city, county, or city and county submits a draft to

5.1 Exhibit A of Attachment 2 - Housing Element Compliance with State Housing Element Law

218

Attachment 2, Exhibit A
Housing Element Compliance with State Housing Element Law 15 Government Code Provision Housing Element Compliance the department for review pursuant to Section 65585 more than 90 days after the effective date of the amendment to this section. 65583 (e) (2) Any housing element or housing element amendment prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when the city, county, or city and county fails to submit the first draft to the department before the due date specified in Section 65588 or 65584.02.

(f) – (j): Not applicable N/A

Section 65583.1.
65583.1 (a) The Department of Housing and Community
Development, in evaluating a proposed or adopted housing element for substantial compliance with this article, … may also allow a city or county to identify sites for accessory dwelling units based on the number of accessory dwelling units developed in the prior housing element planning period whether or not the units are permitted by right, the need for these units in the community, the resources or incentives available for their development, and any other relevant factors, as determined by the department.

Chapter 5, Housing Resources and Sites
65583.1 (b) Sites that contain permanent housing units located on a military base undergoing closure or conversion as a result of action pursuant to the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526), the Defense Base Closure and Realignment Act of 1990 (Public Law 101-510), or any subsequent act requiring the closure or conversion of a military base may be identified as an adequate site if the housing element demonstrates that the housing units will be available for occupancy by households within the planning period of the element. No sites containing housing units scheduled or planned for demolition or conversion to nonresidential uses shall qualify as an adequate site.

N/A

Section 65583.2

5.1 Exhibit A of Attachment 2 - Housing Element Compliance with State Housing Element Law

219

Attachment 2, Exhibit A
Housing Element Compliance with State Housing Element Law 16 Government Code Provision Housing Element Compliance 65583.2(a) A city’s or county’s inventory of land suitable for residential development pursuant to paragraph (3) of subdivision (a) of Section 65583 shall be used to identify sites throughout the community, consistent with paragraph (10) of subdivision (c) of Section 65583,
Appendix D, Housing Resources and Sites
65583.2(a) that can be developed for housing within the planning period and that are sufficient to provide for the jurisdiction’s share of the regional housing need for all income levels pursuant to Section 65584. As used in this section, “land suitable for residential development” includes all of the following sites that meet the standards set forth in subdivisions (c) and (g):

65583.2(a)(1) Vacant sites zoned for residential use. Appendix D, Housing Resources and Sites 65583.2(a)(2) Vacant sites zoned for nonresidential use that allows residential development.

Appendix D, Housing Resources and Sites
65583.2(a)(3) Residentially zoned sites that are capable of being developed at a higher density, including sites owned or leased by a city, county, or city and county
Appendix D, Housing Resources and Sites
65583.2(a)(4) Sites zoned for nonresidential use that can be redeveloped for residential use, and for which the housing element includes a program to rezone the site, as necessary, rezoned for, to permit residential use, including sites owned or leased by a city, county, or city and county.

Appendix D, Housing Resources and Sites
65583.2(b) The inventory of land shall include all of the following:
65583.2(b)(1) A listing of properties by assessor parcel number. Appendix D, Housing Resources and Sites 65583.2(b)(2) The size of each property listed pursuant to paragraph (1), and the general plan designation and zoning of each property.

Appendix D, Housing Resources and Sites
65583.2(b)(3) For nonvacant sites, a description of the existing use of each property.

Appendix D, Housing Resources and Sites
65583.2(b)(3) If a site subject to this paragraph is owned by the city or county, the description shall also include whether there are any plans to dispose of the property during the planning period and how the city or county will comply with Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5.

N/A

5.1 Exhibit A of Attachment 2 - Housing Element Compliance with State Housing Element Law

220

Attachment 2, Exhibit A
Housing Element Compliance with State Housing Element Law 17 Government Code Provision Housing Element Compliance 65583.2(b)(4) A general description of any environmental constraints to the development of housing within the jurisdiction, the documentation for which has been made available to the jurisdiction. This information need not be identified on a site- specific basis.

Appendix D, Housing Resources and Sites, Environmental
Constraints
65583.2(b)(5)(A) A description of existing or planned water, sewer, and other dry utilities supply, including the availability and access to distribution facilities.

Appendix D, Housing Resources and Sites, Infrastructure Availability
65583.2(b)(5)(B) Parcels included in the inventory must have sufficient water, sewer, and dry utilities supply available and accessible to support housing development or be included in an existing general plan program or other mandatory program or plan, including a program or plan of a public or private entity providing water or sewer service, to secure sufficient water, sewer, and dry utilities supply to support housing development. This paragraph does not impose any additional duty on the city or county to construct, finance, or otherwise provide water, sewer, or dry utilities to parcels included in the inventory.

Chapter 8, Housing Goals, Policies, and Programs, H-A-4 Adequate Water Supply and Sewer Capacity for New
Housing Development
65583.2(b)(6) Sites identified as available for housing for above moderate-income households in areas not served by public sewer systems. This information need not be identified on a site-specific basis.

N/A
65583.2(b)(7) A map that shows the location of the sites included in the inventory, such as the land use map from the jurisdiction’s general plan, for reference purposes only.

Chapter 5, Housing Resources and Sites, Figure 5-1: Sites Inventory Map
65583.2(c) Based on the information provided in subdivision (b), a city or county shall determine whether each site in the inventory can accommodate the development of some portion of its share of the regional housing need by income level during the planning period, as determined pursuant to Section 65584. The inventory shall specify for each site the number of units that can realistically be accommodated on that site and whether the site is adequate to accommodate lower income housing, moderate-income housing, or above moderate-income housing.

Chapter 5, Housing Resources and Sites, Table 5-3: Sites Inventory

5.1 Exhibit A of Attachment 2 - Housing Element Compliance with State Housing Element Law

221

Attachment 2, Exhibit A
Housing Element Compliance with State Housing Element Law 18 Government Code Provision Housing Element Compliance 65583.2(c) A nonvacant site identified pursuant to paragraph (3) or (4) of subdivision (a) in a prior housing element and a vacant site that has been included in two or more consecutive planning periods that was not approved to develop a portion of the locality’s housing need shall not be deemed adequate to accommodate a portion of the housing need for lower income households that must be accommodated in the current housing element planning period unless the site is zoned at residential densities consistent with paragraph (3) of this subdivision and the site is subject to a program in the housing element requiring rezoning within three years of the beginning of the planning period to allow residential use by right for housing developments in which at least 20 percent of the units are affordable to lower income households. An unincorporated area in a nonmetropolitan county pursuant to clause (ii) of subparagraph (B) of paragraph (3) shall not be subject to the requirements of this subdivision to allow residential use by right.

Chapter 5, Housing Resources and Sites, Sites from the
Previous (5th) Cycle Housing Element
65583.2(c) Notwithstanding the foregoing, for a local government that fails to adopt a housing element that the department has found to be in substantial compliance with state law within 120 days of the statutory deadline in Section 65588 for adoption of the housing element, rezoning pursuant to this subdivision shall be completed no later than one year from the statutory deadline in Section 65588 for adoption of the housing element.

65583.2(c) The analysis shall determine whether the inventory can provide for a variety of types of housing, including multifamily rental housing,

65583.2(c) factory-built housing, mobilehomes, N/A – there are no mobile homes or mobile home parks in Foster City
65583.2(c) housing for agricultural employees, supportive housing, Chapter 8, Housing Goals, Policies, and Programs 65583.2(c) single-room occupancy units, Chapter 8, Housing Goals, Policies, and Programs 65583.2(c) emergency shelters, and Chapter 8, Housing Goals, Policies, and Programs 65583.2(c) transitional housing and Chapter 8, Housing Goals, Policies, and Programs 65583.2(c) whether the inventory affirmatively furthers fair housing .

Appendix D, Housing Resources and Sites, Affirmatively
Furthering Fair Housing

5.1 Exhibit A of Attachment 2 - Housing Element Compliance with State Housing Element Law

222

Attachment 2, Exhibit A
Housing Element Compliance with State Housing Element Law 19 Government Code Provision Housing Element Compliance 65583.2(c) The city or county shall determine the number of housing units that can be accommodated on each site as follows:

65583.2(c)(1) If local law or regulations require the development of a site at a minimum density, the department shall accept the planning agency’s calculation of the total housing unit capacity on that site based on the established minimum density. If the city or county does not adopt a law or regulation requiring the development of a site at a minimum density, then it shall demonstrate how the number of units determined for that site pursuant to this subdivision will be accommodated.

Chapter 5, Housing Resources and Sites
65583.2(c)(2) The number of units calculated pursuant to paragraph (1) shall be adjusted as necessary, based on the land use controls and site improvements requirement identified in paragraph (5) of subdivision (a) of Section 65583,
Appendix D, Housing Resources and Sites
65583.2(c)(2) the realistic development capacity for the site, Appendix D, Housing Resources and Sites, Realistic Capacity Analysis
65583.2(c)(2) typical densities of existing or approved residential developments at a similar affordability level in that jurisdiction, and Appendix D, Housing Resources and Sites
65583.2(c)(2) on the current or planned availability and accessibility of sufficient water, sewer, and dry utilities.

Appendix D, Housing Resources and Sites, Infrastructure Availability
65583.2(c)(2)(A) A site smaller than half an acre shall not be deemed adequate to accommodate lower income housing need unless the locality can demonstrate that sites of equivalent size were successfully developed during the prior planning period for an equivalent number of lower income housing units as projected for the site or unless the locality provides other evidence to the department that the site is adequate to accommodate lower income housing.

N/A
65583.2(c)(2)(B) A site larger than 10 acres shall not be deemed adequate to accommodate lower income housing need unless the locality can demonstrate that sites of equivalent size were successfully developed during the prior planning period for an equivalent number of lower income housing units as projected for the site or unless the locality provides other evidence to the Appendix D, Housing Resources and Sites

5.1 Exhibit A of Attachment 2 - Housing Element Compliance with State Housing Element Law

223

Attachment 2, Exhibit A
Housing Element Compliance with State Housing Element Law 20 Government Code Provision Housing Element Compliance department that the site can be developed as lower income housing.
65583.2(c)(2)(B) For purposes of this subparagraph, “site” means that portion of a parcel or parcels designated to accommodate lower income housing needs pursuant to this subdivision.

65583.2(c)(2)(C) A site may be presumed to be realistic for development to accommodate lower income housing need if, at the time of the adoption of the housing element, a development affordable to lower income households has been proposed and approved for development on the site.

65583.2(c)(3) For the number of units calculated to accommodate its share of the regional housing need for lower income households pursuant to paragraph (2), a city or county shall do either of the following:

65583.2(c)(3)(A) Provide an analysis demonstrating how the adopted densities accommodate this need. The analysis shall include, but is not limited to, factors such as market demand, financial feasibility, or information based on development project experience within a zone or zones that provide housing for lower income households.

Appendix D, Housing Resources and Sites
65583.2(c)(3)(B) The following densities shall be deemed appropriate to accommodate housing for lower income households:
(i) For an incorporated city within a nonmetropolitan county and for a nonmetropolitan county that has a micropolitan area: sites allowing at least 15 units per acre.
(ii) For an unincorporated area in a nonmetropolitan county not included in clause (i): sites allowing at least 10 units per acre. (iii) For a suburban jurisdiction: sites allowing at least 20 units per acre.
(iv) For a jurisdiction in a metropolitan county: sites allowing at least 30 units per acre.

Appendix D, Housing Resources and Sites, Default Density 65583.2(c)(4)(A) For a metropolitan jurisdiction:
65583.2(c)(4)(A)(i) At least 25 percent of the jurisdiction’s share of the regional housing need for moderate-income housing shall be Appendix D, Housing Resources and Sites

5.1 Exhibit A of Attachment 2 - Housing Element Compliance with State Housing Element Law

224

Attachment 2, Exhibit A
Housing Element Compliance with State Housing Element Law 21 Government Code Provision Housing Element Compliance allocated to sites with zoning that allows at least 4 units of housing, but not more than 100 units per acre of housing.
65583.2(c)(4)(A)(ii) At least 25 percent of the jurisdiction’s share of the regional housing need for above moderate-income housing shall be allocated to sites with zoning that allows at least 4 units of housing.

Appendix D, Housing Resources and Sites
65583.2(c)(4)(B) The allocation of moderate-income and above moderate-income housing to sites pursuant to this paragraph shall not be a basis for the jurisdiction to do either of the following:
(i) Deny a project that does not comply with the allocation. (ii) Impose a price minimum, price maximum, price control, or any other exaction or condition of approval in lieu thereof. This clause does not prohibit a jurisdiction from imposing any price minimum, price maximum, price control, exaction, or condition in lieu thereof, pursuant to any other law.
(iii) The provisions of this subparagraph do not constitute a change in, but are declaratory of, existing law with regard to the allocation of sites pursuant to this section.

65583.2(c)(4)(C) This paragraph does not apply to an
unincorporated area.

65583.2(c)(4)(D) For purposes of this paragraph:
65583.2(c)(4)(D)(i) “Housing development project” has the same meaning as defined in paragraph (2) of subdivision (h) of Section 65589.5.

65583.2(c)(4)(D)(ii) “Unit of housing” does not include an accessory dwelling unit or junior accessory dwelling unit that could be approved pursuant to Section 65852.2 or Section 65852.22 or through a local ordinance or other provision implementing either of those sections. This paragraph shall not limit the ability of a local government to count the actual production of accessory dwelling units or junior accessory dwelling units in an annual progress report submitted pursuant to Section 65400 or other progress report as determined by the department.

65583.2(c)(4)(E) Nothing in this subdivision shall preclude the subdivision of a parcel, provided that the subdivision is subject to

5.1 Exhibit A of Attachment 2 - Housing Element Compliance with State Housing Element Law

225

Attachment 2, Exhibit A
Housing Element Compliance with State Housing Element Law 22 Government Code Provision Housing Element Compliance the Subdivision Map Act (Division 2 (commencing with Section 66410)) or any other applicable law authorizing the subdivision of land.
65583.2(d) For purposes of this section, a metropolitan county, nonmetropolitan county, and nonmetropolitan county with a micropolitan area shall be as determined by the United States Census Bureau. A nonmetropolitan county with a micropolitan area includes the following counties: Del Norte, Humboldt, Lake, Mendocino, Nevada, Tehama, and Tuolumne and other counties as may be determined by the United States Census Bureau to be nonmetropolitan counties with micropolitan areas in the future.

65583.2(e) (1) Except as provided in paragraph (2), a jurisdiction shall be considered suburban if the jurisdiction does not meet the requirements of clauses (i) and (ii) of subparagraph (B) of paragraph (3) of subdivision (c) and is located in a Metropolitan Statistical Area (MSA) of less than 2,000,000 in population, unless that jurisdiction’s population is greater than 100,000, in which case it shall be considered metropolitan. A county, not including the City and County of San Francisco, shall be considered suburban unless the county is in an MSA of 2,000,000 or greater in population in which case the county shall be considered metropolitan.

65583.2(e)(2)(A)(i) Notwithstanding paragraph (1), if a county that is in the San Francisco-Oakland-Fremont California MSA has a population of less than 400,000, that county shall be considered suburban. If this county includes an incorporated city that has a population of less than 100,000, this city shall also be considered suburban. This paragraph shall apply to a housing element revision cycle, as described in subparagraph (A) of paragraph (3) of subdivision (e) of Section 65588, that is in effect from July 1, 2014, to December 31, 2028, inclusive.

65583.2(e)(2)(A)(ii) A county subject to this subparagraph shall utilize the sum existing in the county’s housing trust fund as of June 30, 2013, for the development and preservation of housing affordable to low- and very low income households.

5.1 Exhibit A of Attachment 2 - Housing Element Compliance with State Housing Element Law

226

Attachment 2, Exhibit A
Housing Element Compliance with State Housing Element Law 23 Government Code Provision Housing Element Compliance 65583.2(e)(2)(B) A jurisdiction that is classified as suburban pursuant to this paragraph shall report to the Assembly Committee on Housing and Community Development, the Senate Committee on Housing, and the Department of Housing and Community Development regarding its progress in developing low- and very low income housing consistent with the requirements of Section 65400. The report shall be provided three times: once, on or before December 31, 2019, which report shall address the initial four years of the housing element cycle, a second time, on or before December 31, 2023, which report shall address the subsequent four years of the housing element cycle, and a third time, on or before December 31, 2027, which report shall address the subsequent four years of the housing element cycle and the cycle as a whole. The reports shall be provided consistent with the requirements of Section 9795.

65583.2(f) A jurisdiction shall be considered metropolitan if the jurisdiction does not meet the requirements for “suburban area” above and is located in an MSA of 2,000,000 or greater in population, unless that jurisdiction’s population is less than 25,000 in which case it shall be considered suburban.

Appendix D, Housing Resources and Sites
65583.2(g)(1) For sites described in paragraph (3) of subdivision (b) [non-vacant sites], the city or county shall specify the additional development potential for each site within the planning period and shall provide an explanation of the methodology used to determine the development potential.

Appendix D, Housing Resources and Sites, Non-Vacant
Residentially Zoned Sites

65583.2(g)(1) The methodology shall consider factors including the extent to which existing uses may constitute an impediment to additional residential development,
Appendix D, Housing Resources
and Sites, Non-Vacant
Residentially Zoned Sites
65583.2(g)(1) the city’s or county’s past experience with converting existing uses to higher density residential development, Appendix D, Housing Resources and Sites, Non-Vacant
Residentially Zoned Sites
65583.2(g)(1) the current market demand for the existing use, Appendix D, Housing Resources and Sites, Non-Vacant Residentially Zoned Sites
65583.2(g)(1) an analysis of any existing leases or other contracts that would perpetuate the existing use or prevent redevelopment of the site for additional residential development,
Appendix D, Housing Resources and Sites, Non-Vacant
Residentially Zoned Sites

5.1 Exhibit A of Attachment 2 - Housing Element Compliance with State Housing Element Law

227

Attachment 2, Exhibit A
Housing Element Compliance with State Housing Element Law 24 Government Code Provision Housing Element Compliance 65583.2(g)(1) development trends, Appendix D, Housing Resources and Sites, Non-Vacant Residentially Zoned Sites
65583.2(g)(1) market conditions, Appendix D, Housing Resources and Sites, Non-Vacant Residentially Zoned Sites
65583.2(g)(1) and regulatory or other incentives or standards to encourage additional residential development on these sites.

Appendix D, Housing Resources and Sites, Non-Vacant
Residentially Zoned Sites
65583.2(g)(2) In addition to the analysis required in paragraph (1), when a city or county is relying on nonvacant sites described in paragraph (3) of subdivision (b) to accommodate 50 percent or more of its housing need for lower income households, the methodology used to determine additional development potential shall demonstrate that the existing use identified pursuant to paragraph (3) of subdivision (b) does not constitute an impediment to additional residential development during the period covered by the housing element. An existing use shall be presumed to impede additional residential development, absent findings based on substantial evidence that the use is likely to be discontinued during the planning period.

Appendix D, Housing Resources and Sites, Non-Vacant
Residentially Zoned Sites
65583.2(g)(3) Notwithstanding any other law, and in addition to the requirements in paragraphs (1) and (2), sites that currently have residential uses, or within the past five years have had residential uses that have been vacated or demolished, that are or were subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low or very low income, subject to any other form of rent or price control through a public entity’s valid exercise of its police power, or occupied by low or very low income households, shall be subject to a policy requiring the replacement of all those units affordable to the same or lower income level as a condition of any development on the site. Replacement requirements shall be consistent with those set forth in paragraph (3) of subdivision (c) of Section 65915.

Appendix D, Housing Resources and Sites, Non-Vacant
Residentially Zoned Sites
65583.2(h) The program required by subparagraph (A) of
paragraph (1) of subdivision (c) of Section 65583 shall accommodate 100 percent of the need for housing for very low and low-income households allocated pursuant to Section 65584 for Chapter 8, Housing Goals, Policies, and Programs, Program H-D-1-b General Plan and Zoning Amendments to Facilitate Housing on Housing
Opportunity Sites in the Sites Inventory

5.1 Exhibit A of Attachment 2 - Housing Element Compliance with State Housing Element Law

228

Attachment 2, Exhibit A
Housing Element Compliance with State Housing Element Law 25 Government Code Provision Housing Element Compliance which site capacity has not been identified in the inventory of sites pursuant to paragraph (3) of subdivision (a) on sites that shall be zoned to permit owner-occupied and rental multifamily residential use by right for developments in which at least 20 percent of the units are affordable to lower income households during the planning period.
65583.2(h) These sites shall be zoned with minimum density and development standards that permit at least

65583.2(h) 16 units per site at a density of at least 16 units per acre in jurisdictions described in clause (i) of subparagraph (B) of paragraph (3) of subdivision (c),

65583.2(h) shall be at least 20 units per acre in jurisdictions described in clauses (iii) and (iv) of subparagraph (B) of paragraph (3) of subdivision (c)
Chapter 8, Housing Goals, Policies, and Programs, Program H-D-1-b General Plan and Zoning Amendments to Facilitate Housing on Housing
Opportunity Sites in the Sites Inventory
65583.2(h) and shall meet the standards set forth in subparagraph (B) of paragraph (5) of subdivision (b).

Chapter 8, Housing Goals, Policies, and Programs, Program H-D-1-b General Plan and Zoning Amendments to Facilitate Housing on Housing Opportunity Sites in the Sites Inventory 65583.2(h) At least 50 percent of the very low and low-income housing need shall be accommodated on sites designated for residential use and for which nonresidential uses or mixed uses are not permitted, except that a city or county may accommodate all of the very low and low-income housing need on sites designated for mixed uses if those sites allow 100 percent residential use and require that residential use occupy 50 percent of the total floor area of a mixed-use project.

Appendix D, Housing Resources and Sites
65583.2(i) For purposes of this section and Section 65583, the phrase “use by right” shall mean that the local government’s review of the owner-occupied or multifamily residential use may not require a conditional use permit, planned unit development permit, or other discretionary local government review or approval that would constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. Any subdivision of the sites shall be subject to all laws, including, but not limited to, the local government ordinance implementing the Subdivision Map Act.

5.1 Exhibit A of Attachment 2 - Housing Element Compliance with State Housing Element Law

229

Attachment 2, Exhibit A
Housing Element Compliance with State Housing Element Law 26 Government Code Provision Housing Element Compliance 65583.2(i) A local ordinance may provide that “use by right” does not exempt the use from design review. However, that design review shall not constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.

65583.2(i) Use by right for all rental multifamily residential housing shall be provided in accordance with subdivision (f) of Section 65589.5.

65583.2(j) Notwithstanding any other provision of this section, within one-half mile of a Sonoma-Marin Area Rail Transit station, housing density requirements in place on June 30, 2014, shall apply.

5.1 Exhibit A of Attachment 2 - Housing Element Compliance with State Housing Element Law

230

Attachment 2, Exhibit B
Foster City Draft Housing Element 2023-2031– Summary of HCD 10/3/22 Comments and City Responses 1 of 29

Summa
ry of
HCHE
Page IN
7/22
DRAFT
HE Page
IN
2/16/23

REDLINE
Topic Govt.

Code Ref.

HCD Comment Response
E-1 – E-
26 E-1 –
E-30
Review &
Revise
65588 (a)
and (b)
A review of the previous element should
address past progress in implementation,
evaluate the effectiveness of programs
and make adjustments in the current
housing element. The element (Appendix
E) generally states whether programs
should be retained, removed, or modified
but must also describe progress in
implementation and evaluate
effectiveness to inform this statement.

Added more narrative and data on
achievements; added comments re: program
effectiveness and recommendations in
“Program Evaluation” column and added more
detail regarding changes in “Proposed Change
column.”
E-21 –
E-26
HE-58 –
HE-59
E-25 --
E-30;
A-54 – A-
74 HE-92 –
HE-96
Review &
Revise
In addition, as part of this analysis, the
element must provide an evaluation of
the effectiveness of goals, policies,
and related actions in meeting the
housing needs of special needs
populations (e.g., elderly, persons with
disabilities, large households, female-
headed households, farmworkers and
persons experiencing homelessness).

Programs should be revised as
appropriate to reflect the results of this
evaluation.

In addition to above, included data on past
HE’s impact on addressing special needs and
how impact is informing revision of programs
in:
• New Section in Chapter 6 summarizing
accomplishments
• Section 6 of Appendix A
• App. E – see H-F-1-a through j, H-F-2-
a through e, and H-F-3-a and H-F-3-b

5.1 Exhibit B of Attachment 2 - Summary of HCD 10-3-22 Comments and City Responses

231

Attachment 2, Exhibit B
Foster City Draft Housing Element 2023-2031– Summary of HCD 10/3/22 Comments and City Responses 2 of 29

Summa
ry of
HCHE
Page IN
7/22
DRAFT
HE Page
IN
2/16/23

REDLINE
Topic Govt.

Code Ref.

HCD Comment Response
A-34;
B-9; B-
69 A-39 – A-
40 B-102 –
B-106

HE-79 –
HE-80
Needs,
Resources,
Constraints:

AFFH

65583,
subd.
(c)(10)(A).)

Fair Housing Issues: The element
identifies many contributing factors to fair
housing issues. However, the element
should also address the fair housing
issue of aging multifamily housing that
is vulnerable to redevelopment and
displacement of low and moderate-
income residents.

Included local knowledge in Appendix A,
Section 5.3 regarding condition of aging
multifamily housing with respect to high water
table, age, ownership, renovations, and
maintenance.

Added discussion of potential for displacement
resulting from issues with aging multifamily
housing vulnerable to redevelopment to
Appendix B, Section 5.6, including:
• Census tract data regarding
vulnerability to displacement
• Newly adopted (January 2023)
requirements in Chapter 17.55,
Replacement Units – See Exhibit N of
Ordinance 657
• Displacement potential due to natural
disasters
Strengthened Program H-C-3-a to apply to
any application to displace one or more
households instead of 25 or more. Program H-
C-3-b Anti-Displacement Strategy was
retained.

5.1 Exhibit B of Attachment 2 - Summary of HCD 10-3-22 Comments and City Responses

232

Attachment 2, Exhibit B
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A-34;
B-9; B-
69 A-39 – A-
40 B-102 –
B-106

HE-79 –
HE-80
Needs,
Resources,
Constraints:

AFFH
Additionally, the element should discuss
the high-water table issue and any
disproportionate impacts on protected
characteristics to better formulate
policies and programs.

Included local knowledge in Appendix A,
Section 5.3 regarding condition of aging
multifamily housing with respect to high water
table, age, ownership, renovations, and
maintenance.

Appendix B, Section 5.6 – included comment
about lower income tenants being especially
vulnerable to displacement. Referenced
strengthened Program H-C-3-a to apply to any
application to displace one or more
households instead of 25 or more. Program H-
C-3-b Anti-Displacement Strategy was
retained.

B-11 –
B-14
B-13 –
B-16
Needs,
Resources,
Constraints:

AFFH
Enforcement and Outreach: While the
element discuss complaints based on
state and federal data, it could also
identify cases and their characteristics
utilizing local data from fair housing
service providers.

Included data in Appendix B, Section 2.1 from
local providers.

B-11 –
B-14
B-16 –
B-18
Needs,
Resources,
Constraints:

AFFH
In addition, the element states the City
complies with a few housing-related laws
such the Housing Accountability Act and
No Net Loss Law but it should also
discuss how the City complies with
Appendix B, Section 2.2 - described
compliance with fair housing laws and past
actions: 1982 Settlement Agreement with

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state and federal fair housing laws and
any past settlements, lawsuits, or other
legal actions. Based on a complete
analysis, the element should re-assess
contributing factors to fair housing
issues and policies and programs.

Legal Aid Society; 2004 Settlement between
BRE Properties (Foster’s Landing Owners)
The City utilized this information in
reassessing the contributing factors, assigning
priorities, and changes/additions to the
programs (discussed in more detail below).

B-16 –
B-42
B-33 – B-
55 Needs,
Resources,
Constraints:

AFFH
Integration and Segregation: While the
element reports on data related to
segregation and integration, it must
discuss and analyze this data for
trends over time and patterns across
census tracts as well as comparing the
City as a whole to the broader region
for race, disability, familial status and
income. The analysis should also
incorporate local data and knowledge
and other relevant factors to better
formulate appropriate policies and
programs.

For example, the element’s Racial
Isolation Index (pp. B-20 to B-21)
indicates there is segregation of Asian
residents; however, the analysis should
discuss and analyze this data for trends
Appendix B, Section 3.4 - Expanded analysis
of racial diversity trends over time and across
census tracts and comparison to region;
added local knowledge. Foster City has
become increasing diverse compared to San
Mateo County.

Appendix B, Section 3.5 Expanded analysis of
income segregation over time and across
census tracts where concentrations of above-
moderate income residents exist
geographically, within the City and across
region. The analysis concludes that there is
less neighborhood level income segregation in
Foster City than the average Bay Area City
and that Foster City households are higher
income than the County and Bay Area overall.

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over time and patterns across census
tracts within the City.

As for another example, the element
should analyze where concentrations of
above-moderate income residents exist
geographically in the City as well as
include a regional analysis, comparing the
higher-incomes within the City to the
surrounding region. An example of local
data could be a local accessibility
assessment into the evaluation of patterns
of higher concentrations of persons with
disabilities. Other relevant factors could
be historical zoning and land use and
potential resulting lack of access to
housing choices and affordability.

As indicated in Appendix B, Section 3.6,
Foster City has no census tracts where the
population of persons with disabilities exceeds
10%.

B-43 –
B-44
B-56 -- 66 Needs,
Resources,
Constraints:

AFFH
Disparities in Access to Opportunity: While
the element reports some data on
disparities in access to opportunity, it
largely must analyze that data. For
example, the element should describe
and analyze whether there is equal
access to high performing schools
throughout the City as well as include
a regional analysis of how surrounding
Appendix B, Section 4.1 - Expanded analysis
of equal access to education (even though all
scores are high); expanded analysis of access
to opportunity data; included regional analysis.

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jurisdictions compare with TCAC
education scores.

B-47 –
B-50
B-67 –
B-71
Needs,
Resources,
Constraints:

AFFH
The element should also analyze
whether there is equal access to jobs
for residents of all economic
segments, in addition to comparing
employment trends in the City to
patterns in surrounding areas (e.g.,
lower economic scores in areas bordering
the City).

Appendix B, Section 4.2 - Expanded analysis
of jobs access, compared employment trends
in the City vs surrounding areas.

B-51 –
B-42
B-71 –
B-80
Needs,
Resources,
Constraints:

AFFH
The element should include a map of
access to transit within the City,
analyze what transit options are
available in the City, and whether they
are accessible throughout the City.

This section should be accompanied by
an analysis of such patterns on a
regional basis, comparing trends within
the City to the region.

Appendix B, Section 4.3 - Added transit maps
and discussed transit options/accessibility;
compared to region.

B-53 B-80 --
B-83
Needs,
Resources,
Constraints:

AFFH
Lastly, while the element states the City
scores well on TCAC’s environmental
scores (p. B-52), it should include an
analysis of what contributes to such
positive environmental outcomes and
Appendix B, Section 4.4 - Discussed what
contributes to high TCAC score, compared to
environmental trends in region.

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be compared to environmental trends
within the greater region.

B-60 –
B-64
B-89 --
B-107
Needs,
Resources,
Constraints:

AFFH
Disproportionate Housing Needs including
Displacement: While the element reports
some data on disproportionate needs, it
still must analyze that data. For
example, the element states (p. B-62) that
there are no concentrations of renter cost
burden; however, the maps show a
variation with part of the City having a rate
of 40 to 60 percent of renters with cost
burden near a tract with less than 20
percent cost burden. This perceived
concentration of cost burden for
renters must be analyzed.

Appendix B, Section 5 - Discussed & analyzed
geographic distribution of renter & owner cost
burden & concentrations.

The discussion notes that there is a
concentration of renter cost burden in tract
6080.13 where 41.9% of renters experience
cost burden. The inclusion of Lantern Cove
and Schooner Bay in the Sites Inventory will
encourage additional affordable housing units
in tract 6080.13.

B-60 –
B-64
B-91 –
B-96
Needs,
Resources,
Constraints:

AFFH
The element should also describe and
analyze where concentrations of cost
burden exist geographically for owners
as well as what contributes to this
trend. This section should be
accompanied by an analysis of such
Appendix B, Section 5.2 - Discussed
geographic distribution of renter & owner cost
burden, across city and region. Even though
three tracts are in the 40-60% bracket for
owner cost burden, the percentages are in the
lower range of this bracket at 40.6%, 44.1%,

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patterns on a regional basis, comparing
trends within the City to the region.

and 46.5%. The other census tracts report
owner cost burden rates of 22% to 37.7%.

Section 5.2 notes that the rates of cost burden
are on par with the County and Bay area.

B-65 -
B-66
B-97 --
B-101
Needs,
Resources,
Constraints:

AFFH
The element must also include an
analysis of where local overcrowding
and substandard housing exists
geographically as well as an analysis
of such patterns on a regional basis.

Foster City City CouncilMay 22, 2023

Foster City City Council
May 22, 2023