Agenda packet — Foster City City Council, June 15, 2026 (part 2 of 5)

• Provides effective customer service in person, email, and by phone; interacts with community members; conducts registrations; attends tabling events; and may assist with front-office coverage.
• Attends meetings, workshops, and trainings as required. • Performs related duties as assigned.

QUALIFICATIONS

MINIMUM QUALIFICATIONS
Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be:
• Associate's degree or completion of 60 units from an accredited college or university.
• At least two (2) years of recent full-time paid experience (or the part-time equivalent), providing highly specialized recreational services to youth or adults in the area of planning and implementing educational, enrichment, and/or recreation programs.

Substitution:

Additional qualifying experience may be substituted for the required education on a yearfor-year basis.

LICENSES, CERTIFICATES AND REGISTRATION:

Possession of a valid California Class C driver’s license and a good driving record or the ability to utilize an alternative method of transportation when needed to carry out jobrelated duties.

JOB-RELATED QUALIFICATIONS
Knowledge of: Principals, techniques, and practices involved in the delivery of recreation services; recreation program development, organization, and planning; techniques in promoting recreation programs; safety standards and practices; basic principles of lead direction; common recreation activities and sports; department rules and regulations; first aid and CPR.

Ability to: Work a flexible schedule in various recreation programs, including nights and weekends, work with Microsoft Office programs; exercise independent judgment in performing job responsibilities; direct volunteer and paid staff using positive

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Recreation Specialist
City of Foster City

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communication skills; organize and/or direct groups and individuals participating in preschool age, youth, adult, and/or senior recreation programs and special events; think and act quickly in emergencies; work to maintain and help create an action-oriented atmosphere with both the public and staff; understand and carry out written and oral directions. establish and maintain cooperative relationships with subordinates, peers, and supervisors; practice basic recreation skills in a variety of areas.

PHYSICAL DEMANDS AND WORK ENVIRONMENT:

The physical standards described are representative of those that must be met by employees to successfully perform the essential functions of this class. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

Physical Requirements:

Ability to walk frequently; work may include frequent running, starts, and stops; perform simple and power grasping; verbal and hearing skills to effectively communicate with participants and staff; visual acuity to read and record documents and make observations. Intermittently, lift, carry or move sports equipment of 20 pounds or less.

Environmental Conditions:

When working in the field environment, environmental conditions can vary widely and significantly impact job duties including but not limited to exposure to extreme temperatures (heat or cold), wetness, humidity, and potential hazards like moving mechanical parts or hazardous contaminants, uneven or steep terrain, confined spaces, and exposure to loud noises from equipment or machinery.

Work Conditions:

Some assignments may require working evenings and weekends.

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SOCIAL MEDIA/COMMUNICATIONS SPECIALIST ASSISTANT

DEFINITION
Under general direction, Communication Specialist plans and , organizes, and directs a comprehensive public information , media relations, and communication program for a City Department; through public outreach and educational programs, promotes a department's goals, mission, and values; provides strategic and public affairs directionassistance for assigned department; and directs publicity ofpublicizes special projects and events.Under immediate supervision, provides social media administrative assistance and support to department(s) or division(s); receives and responds to verbal or written directions on a daily or project basis.

SUPERVISION RECEIVED AND EXERCISED
Receives direct supervision from the Communications Manager . May receive direction from multiple City staff depending on assignment.

CLASS CHARACTERISTICS
This journey-level classification is populated with multiple incumbents responsible for the design and implementation of public relations, communication, and media programs for a cCity department.

Incumbents are responsible for maintaininghelping maintain cooperative working relationships and communication with the Mayor and City Council, department management, other City departments, the media, and the public. Incumbents are generally highly visible, with extensive public and media contact and media exposure and have considerable latitude for individual judgement and action within established guidelines. The Communications Specialist is distinguished from the Communications Manager in that the latter is a single-position classification that oversees communication plans and media strategies for the entire City as opposed to a single department.This is a part-time classification. Social Media Coordination: research and recommend new social media websites; compose and post content to the City’s social media websites; monitor social media site content and report potential conflicts.

SUPERVISION RECEIVED AND EXERCISED
General direction is provided by a department head or management level staff as assigned. Some positions function as internal consultants and require coordination among multiple divisions in a department.

Depending on assignmentassignment, the Communication Specialist may be responsible for direct or indirect leading of technical, paraprofessional, and administrative staff.

EXAMPLES OF TYPICAL JOB FUNCTIONS (Illustrative Only)
The following duties are illustrative only. They are not meant to be a complete and exhaustive listing of all of the duties and responsibilities of the classification.; not all duties listed are necessarily performed by each incumbent holding this classification.

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 Develops, implements, and oversees external communication plans, media strategies, marketing, and public affairs programs in accordance with department goals, mission, and values; researches public opinion and emerging issues.
 Performs graphic design, video production, marketing, and drafting/managing City social media site content and updates the City website.
 Works in collaboration with staff to produce a variety of informational and instructional video, audio, media, and broadcast products, including gathering data and conducting interviews, developing ideas, creating content, and scripts, determining shoot locations and production schedule, shooting videos, recording voice over, and editing; coordinates assigned services and operations with those of other departments/divisions and outside agencies.  Oversees and participates in taking photographs, slides, and films for news media or City use; coordinates the production of various publications, slide shows, presentations, and similar materials.
 Effectively represents the department and the City while collaborating with other governmental agencies to share regional information; community groups; various business, professional, and regulatory organizations; and in meetings with individuals.  Provides strategic direction and advice to department head and managers on emerging and urgent communications issues; recommends responses; trains and updates department executive team on media and public relations issues.
 Plans, organizes, and implements logistics of press events and media relations that support communication initiatives of the department; coordinates events with public and private sector agencies, businesses and community groups; serves as departmental spokesperson.  Distributes evelops and distributes media releases, media advisories, news releases, newsletters, informational brochures, speeches and other materials to alert public of departmental programs, events, and services.
 Develops, implements, and oversees internal communication plans and strategies; prepares content for and/or design of employee newsletters; coordinates development and implementation of intranet- based services; develops and manages web page content.  Interacts withSupports the Mayor and City Council with regard to community meetings, media events, project openings, etc; responds to requests from City Council; prepares and presents briefings to City Council, business leaders and community groups; conducts or advises in the conduct of focus groups, public hearings, town halls, and community meetings; develops curriculum and assists with presentings information to school and community organizations.  Monitors, reports on, and assures compliance with new legislation applicable to the assigned department.
 Reviews work for accuracy and consistency; may lead and/or train technical, paraprofessional, and support staff as assigned.
 Provides exceptional customer service to those contacted in the course of work.  Other related duties may be assigned.
 Update City website and City social media site content.

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 Write, edit, and prepare digital and print informational materials to inform the community of city issues, services, programs and events.
 Develop, plan and implement opportunities to improve public awareness of and involvement in City services, programs, plans and projects.  Develop and identify partnership opportunities and coordinate information with outside agencies to foster community relations and education.
 Establish, maintain and foster cooperative working relationships with city departments in the course of work.
 Under general supervision, assist in cultivating followers, building and maintaining communities, monitoring conversations and trends, and providing customer service when appropriate.
 Assist in gathering and preparing content to help tell the Foster City story for dissemination through the City’s main social media channels.
 Schedule posts/tweets and manages calendar.
 Compile detailed social media metrics, statistics and reports. Collect and maintains files of cases study images for use in reports and presentations.

Update City website and City social media site content.  Curate social media content for greater shareability, using online aggregators, i.e. Storify.  Research and inform teams of emerging technology and current social media trends. Take notes at meetings and other tasks when requested.
 Assist in campaign launch activities. Develop and manage aspects of marketing campaigns including printed materials, web content, and promotional programs. Develop and execute weekly communications to the Foster City Public Engagement Communications Team.

Conduct and report on brand activity and effectiveness, specifically including:
display/presentation, and social media analytics and identify followers and influencers.  Develop go-to-market materials and clear information to encourage public engagement.  Collaborate with Foster City Public Engagement Communications Team on campaign launches and partner integration activities to drive awareness.  Work with the Foster City Public Engagement Communications Team to update the strategic marketing plan for various projects.
 Participate in the preparation of advertisements, press releases surrounding public outreach events, web page materials, and promotional brochures that target different groups, educational signage, newsletter articles and columns, and the development and staffing of outreach activities at various venues.
 Other tasks may include assisting with organizing and promotion of City-wide events such as Art and Wine Festival, Fourth of July, and collaborative programs with other city departments to promote public awareness and engagement.  Assists the Communications/City Clerk Department in regards to the Citywide Records Management Program, Foster City Wellness Committee and other programs/projects as assigned.
 Researches and compiles information from various sources; prepares reports and correspondence; creates spreadsheets and other visual information displays.  Process detailed paperwork in strict accordance with specific procedures and policies; work cooperatively as a member of a team; work independently and in the absence of direct supervision; establish and maintain effective working relationships with City staff, outside

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agencies and the public; follow written and oral directions; communicate effectively both orally and in writing; and observe safety principles and work in a safe manner.  Provides customer service, answers telephones, takes messages and directs calls to appropriate staff members.
 Sorts, files, and copies material as directed in compliance with policies and procedures; operates copy machines, fax machines, scanners and other office equipment.  Writes emails and prepares correspondence; performs data entry.  Utilizes department or City-wide software applications to maintain records or perform related duties.

QUALIFICATIONS
Knowledge of:
➢ Planning, developing, and coordinating comprehensive local government public relations, communications, and media relations programs.
➢ Principles and practices of program management, including methods used to evaluate program objectives and goals.
➢ Correct English grammar, vocabulary, spelling, and punctuation. ➢ Emerging trends of public relations, communication, and social media platforms. ➢ Principles and techniques of mass and targeted communication, public speaking, and marketing.
➢ City governmental structures and processes, including city-wide and department specific services, programs, and activities.
➢ Principles and techniques of establishing and maintaining good relations with City departments, news media, outside agencies and organizations, and the public. ➢ Principles and techniques of consensus building.
➢ office terminology, practices and procedures; filing systems; and telephone etiquette ➢ correct English usage including spelling, punctuation and grammar ➢ basic arithmetic
➢ common office machines and equipment
➢ appropriate business decorum
Skill in:
➢ the safe and efficient operation of mailroom equipment, multi-line business phones, copiers, scanners, fax machines, calculators, and other common office machines ➢ using numerical, alphabetical and alpha-numerical filing systems Ability to:
➢ Speak effectively in public and before groups.
➢ Analyze and evaluate information from a strategic perspective. ➢ Evaluate and recommend courses of action to department management on issues related to the department's communication strategy.
➢ EstablishSupport establishment of a departmental media and communications plan that complements the City's overall brand and image.
➢ Understand, interpret, and simplify a variety of technical subjects. ➢ DevelopAssist with development, implementation, and overseecoordination of a comprehensive media and public relations program.

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➢ Prepare and edit a variety of written informational and promotional materials such as brochures, newsletters, and pamphlets.
➢ Prepare written analysis, evaluation, summaries, recommendations, correspondence, and other reports.
➢ Utilize graphic design and video production software. ➢ Organize and prioritize workload to meet a variety of conflicting deadlines. ➢ Utilize applicable computer hardware and software applications, including graphic and web design programs.
➢ Establish and maintain effective working relationships with those contacted in the course of work; interact with people from a variety of backgrounds. ➢ use Word, Excel, PowerPoint, Adobe Acrobat and the Internet ➢ make accurate arithmetic calculations
➢ understand and carry out verbal and written instructions ➢ effectively communicate verbally and in writing
➢ establish and maintain effective working relationship with others ➢ provide courteous and efficient service to the public ➢ learn, retain and use technical terminology, equipment, and computer applications ➢ respond calmly and effectively to changing priorities ➢ establish and maintain effective working relations with those contacted in the course of the work
Education and experience:

Any combination equivalent to experience and education that could likely provide the required knowledge, skills and abilities would be qualifying. A typical way would be:

Education: Graduation from high school or equivalent; coursework in social media, communications, and journalism is highly desirable, but not required.

Experience:

Two years of progressively responsible professional level experience in public affairs, public communications and/or public relations/outreach. No experience is necessary; 1 year of paid or documented volunteer experience in an office environment is highly desirable.

PHYSICAL DEMANDS
Must possess mobility to work in a standard office setting and use standard office equipment, including a computer; vision to read printed materials and a computer screen; and hearing and speech to communicate in person and over the telephone. This is primarily a sedentary office classification although standing in work areas and walking between work areas may be required. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate standard office equipment.

Positions in this classification occasionally bend, stoop, kneel, reach, push, and pull drawers open and closed to retrieve and file information. Employees must possess the ability to lift, carry, push, and pull materials and objects up to 25 pounds.

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The job involves fieldwork requiring frequent walking in operational areas to identify problems or hazards, with exposure to hazardous materials in some site locations. Employees must possess the ability to lift, carry, push, and pull materials and objects averaging a weight of 40 pounds, or heavier weights, in all cases with the use of proper equipment and/or assistance from other staff.

ENVIRONMENTAL CONDITIONS
Employees work in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures.

CLASSIFICATION HISTORY
Title Communication Specialist
Classification Code 247
Classification Established
Classification Revised X/2025
FLSA Status Non-Exempt
Bargaining Group American Federation of State, County, and Municipal Employees

ENVIRONMENTAL CONDITIONS
Employees may work in the field and are occasionally exposed to loud noise levels, cold and/or hot temperatures, vibration, confining workspace, chemicals, mechanical and/or electrical hazards.

Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures.

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SENIOR BUILDING INSPECTOR
DEFINITION:

Under the direction of the Chief Building Official, the Senior Building Inspector will do plan checking of projects excluding structural calculations, issues permits; answer questions and imparts information pertaining to building codes, regulations, standards and City policies to contractors, engineers, architects and the general public; the Senior Building Inspector will make inspections of residential, commercial, industrial, and public buildings of new construction and existing construction; acts as the Chief Building Official in his/her absence; assists and supervises the building inspectors’ daily duties; participates in the training of the inspectors; performs other related duties as required.

DISTINGUISHING CHARACTERISTICS, FEATURES, REQUIREMENTS:

This is a full-time, non-exempt classification requiring journey-level technical expertise and excellent customer service skills. Involves significant interaction and coordination with clients, contractors and other city employees. This position is distinguished from the Building Inspector classification based on its lead worker responsibility and the fact it serves as the Chief Building Official in his/her absence.

SUPERVISION EXERCISED AND RECEIVED:

Receives general supervision from the Chief Building Official who reports to the Community Development Director on the division’s activities. This classification reports to the Chief Building Official and serves as the lead worker of the Building Inspectors’ daily duties. The Chief Building Official provides overall supervision of the Building Inspectors.

IMPORTANT AND ESSENTIAL DUTIES:

Schedules the daily duties of the Building Inspectors; assists Building Inspectors in the inspection of buildings and structures in all stages of construction, alteration, and repair; reviews and checks building plans and specifications for all industrial, commercial, public, and residential structures and buildings; enforces building, plumbing, electrical, mechanical, and zoning codes and laws; issues permits and collects fees: interprets code requirements to builders, subcontractors, and owners; checks and reviews guidelines set down by the Chief Building Official for understanding and compliance; investigates violations and complaints received through the building inspection division; provides phone and counter service to the public, contractors, and architects; personally performs field inspections of the more complex or difficult building construction, plumbing, mechanical, or electrical installations in all stages of completions in residential, business or public buildings to insure compliance with applicable building, electric, plumbing, mechanical and safety codes, safety orders, ordinances and regulations; conducts final inspections of completed work giving approval to acceptable structures and installations; checks contractors and industrial and commercial businesses to insure they are properly licensed; keeps records and prepares reports of inspections; resolves disagreements and problems concerning inspections and compliance;

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Senior Building Inspector
City of Foster City

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represents the Building Division in minor meetings; assists in the review of the Special Inspection Review Program; attends and facilitates at pre-construction meetings; acts as liaison between departments; assists in the development of streamlining the programs and procedures of the Division; assists in the monitoring of yearly code changes; co-ordinates with other governmental inspection agencies; prepares warning letters to negligent owners or contractors in situations of non-compliance; supervises the Building Inspection Division in the absence of the Chief Building Official.

OTHER JOB-RELATED DUTIES:

Ability to physically perform site inspections in varying construction conditions, requiring physical agility and stamina, stooping, walking, sitting and reaching for considerable periods of time.

JOB-RELATED QUALIFICATIONS:

Knowledge of: Federal, state and municipal codes, ordinances, and regulations related to zoning, building construction, electrical, plumbing and mechanical; building construction, materials and accepted safety standards; inspection methods and procedures; elements of effective personnel supervision.

EDUCATION AND TRAINING GUIDELINES:

Any combination of experience and training that would likely provide the required knowledge, skills and abilities. A typical way would be:

Education: Graduation from high school or equivalent. An Associate’s degree or 60 semester units (or 90 quarter units) in engineering technology, architecture, construction management, or a related field is desirable.

A desired course of additional education would include two (2) years of college course work in Civil Engineering, Architecture, Building Inspection, or completion of an Apprenticeship Program in a building construction related field.

Experience: Three (3) years of experience to include a minimum of one (1) year full-time plan check experience and one (1) year of progressively responsible experience in a variety of municipal building inspection work.

Five (5) years of increasingly responsible, full-time building inspection experience with a city and/or county public agency;
OR
Four (4) years of professional, full-time experience as a building inspector with a public agency and two (2) years of experience as a licensed general contractor.

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Senior Building Inspector
City of Foster City

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SPECIAL REQUIREMENTS:

Ability to read and interpret plans and specifications; perform complex building, plumbing, mechanical and electrical inspections; interpret and apply provisions of pertinent codes and regulations, prepare accurate and concise reports; acquire and demonstrate skill supervising and managing work of others; learn administrative techniques, methods and procedures of personnel management and other skills required to assist in management of the Division operations; establish and assist in developing improvements to computerized Division operations; establish and maintain cooperative working relations with engineers, architects, contractors and the general public; attend work and perform duties on a regular and consistent basis.

LICENSES, CERTIFICATES AND REGISTRATION:

The following are required at time of appointment and must be maintained throughout employment:
• A valid California Class C Driver License or the ability to utilize an alternative method of transportation when needed to carry out job-related duties. • Certification as a Residential Building Inspector (B1) and Certification as a Commercial Building Inspector (B2),
• Positions may additionally require or prefer possession of ICC certifications including:

Electrical Inspector (E1/E2), Plumbing Inspector (P1/P2), and Mechanical Inspector (M1/M2), Residential Plans Examiner, Commercial Plans Examiner,
Possession of a valid California Class C Driver’s License and possession of the International Conference of Building Officials (I.C.B.O.) Plans Examiner Certificate and Full Combination Building Inspector Certificate.

Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate standard office equipment. Positions in this classification occasionally bend, stoop, kneel, reach, push, and pull drawers open and closed to retrieve and file information.

Employees must possess the ability to lift, carry, push, and pull materials and objects up to 25 pounds.

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Senior Building Inspector
City of Foster City

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When working in the field environment, must possess mobility to work in changing site conditions; possess the strength, stamina, and mobility to perform light to medium physical work; to sit, stand, and walk on level, uneven, or slippery surfaces; to reach, twist, turn, kneel, and bend, to climb and descend ladders; and to operate a motor vehicle and visit various sites; vision to inspect site conditions and work in progress. The job involves fieldwork requiring frequent walking in operational areas to identify problems or hazards, with exposure to hazardous materials in some site locations. Employees must possess the ability to lift, carry, push, and pull materials and objects averaging a weight of 40 pounds, or heavier weights, in all cases with the use of proper equipment and/or assistance from other staff.

Title Senior Building Inspector
Classification Code
Classification Established 06/19/2000
Classification Revised 06/15/2026
FLSA Status Non-Exempt
Bargaining Group AFSCME

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DATE: June 15, 2026
TO: Mayor and Members of the City Council
President and Members of the Estero Municipal Improvement District (EMID) Board of Directors
VIA: Stefan Chatwin, City/District Manager
FROM: Nate Cruz, Finance Director/Treasurer
Waqas Hassan, Assistant Finance Director
DEPARTMENT: Finance, Administrative Services
SUBJECT: CITY/EMID INVESTMENT POLICY

RECOMMENDATION
It is recommended that the City Council/EMID Board of Directors approve the attached resolutions adopting the City/EMID Investment Policy, dated June 15, 2026.

EXECUTIVE SUMMARY
The Finance Director/Treasurer reviews the City/EMID’s Investment Policy annually.

There are no changes recommended to the Investment Policy at this time. However, the Policy is updated to reflect the current composition of the City Council/EMID Board of Directors.

BACKGROUND AND ANALYSIS
The City/EMID's Investment Policy is reviewed annually by the Finance Director/Treasurer. The Policy’s three primary objectives for its investments, in order of priority, remain unchanged: (a) Safety, (b) Liquidity, and (c) Yield.

There are no changes recommended to the contents of the Investment Policy at this time other than an update of the current composition of the City Council/EMID Board of Directors.

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242
California Environmental Quality Act
Not Applicable

FISCAL IMPACT
There is no fiscal impact with the adoption of the resolutions.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Staff Empowerment and Operational Excellence
ATTACHMENTS:

Attachment 1 – City Resolution
Attachment 2 – EMID Resolution
Attachment 3 – City/EMID Investment Policy

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RESOLUTION NO. _____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY ADOPTING AN UPDATED INVESTMENT POLICY DATED JUNE 15, 2026

CITY OF FOSTER CITY
WHEREAS, California Government Code section 53646 requires that a local agency adopt an Investment Policy that governs the investment of public funds in accordance with State law; and
WHEREAS, the City’s Investment Policy was last reviewed and updated on June 16, 2025; and
WHEREAS, the City’s three primary objectives for its investments, in order of priority, remain unchanged: a) Safety, b) Liquidity, and c) Yield; and WHEREAS, the City’s Investment Policy is updated to also reflect the current composition of the City Council.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Foster City that the Investment Policy dated June 15, 2026 is hereby approved.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the Regular Meeting held on the 15th day of June, 2026 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________________

ART KIESEL, MAYOR
ATTEST:
_________________________________

PRISCILLA SCHAUS, CITY CLERK

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RESOLUTION NO. _____________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL

IMPROVEMENT DISTRICT ADOPTING AN UPDATED INVESTMENT POLICY DATED JUNE 15, 2026

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, California Government Code section 53646 requires that a local agency adopt an Investment Policy that governs the investment of public funds in accordance with State law; and
WHEREAS, the District’s Investment Policy was last reviewed and updated on June 16, 2025; and
WHEREAS, the District’s three primary objectives for its investments, in order of priority, remain unchanged: a) Safety, b) Liquidity, and c) Yield; and WHEREAS, the District’s Investment Policy is updated to also reflect the current composition of the District Board.

NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Estero Municipal Improvement District that the Investment Policy dated June 15, 2026 is hereby approved.

PASSED AND ADOPTED as a resolution of the Estero Municipal Improvement District at the Regular Meeting held on the 15th day of June, 2026 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________________________

ART KIESEL, PRESIDENT
ATTEST:
______________________________________

PRISCILLA SCHAUS, DISTRICT SECRETARY

6.10 Attachment 2 - EMID Resolution
245
City of Foster City, California and
Estero Municipal Improvement District

INVESTMENT POLICY
June 15, 2026

6.10 Attachment 3 - City EMID Investment Policy
246

CITY OF FOSTER CITY AND

ESTERO MUNICIPAL IMPROVEMENT DISTRICT (DISTRICT)

INVESTMENT POLICY
June 15, 2026
Art Kiesel, Mayor/President
Suzy Niederhofer, Vice Mayor/Vice President
Stacy Jimenez, Councilmember/Director
Patrick Sullivan, Councilmember/Director
Phoebe Venkat, Councilmember/Director
Stefan Chatwin, City/District Manager
PREPARED BY:

Financial Services Department

6.10 Attachment 3 - City EMID Investment Policy
247

CITY OF FOSTER CITY AND

ESTERO MUNICIPAL IMPROVEMENT DISTRICT

INVESTMENT POLICY

TABLE OF CONTENTS
POLICY........................................................................................................................... 4 SCOPE............................................................................................................................ 4 PRUDENCE.................................................................................................................... 4 OBJECTIVES.................................................................................................................. 5 A. Safety ................................................................................................................... 5 B. Liquidity ................................................................................................................ 5 C. Yield ..................................................................................................................... 5 DELEGATION OF AUTHORITY ..................................................................................... 6 ETHICS AND CONFLICTS OF INTEREST..................................................................... 6 AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS ......................................... 6 AUTHORIZED AND SUITABLE INVESTMENTS............................................................ 7 DOWNGRADED BONDS.............................................................................................. 10 COLLATERALIZATION................................................................................................. 10 SAFEKEEPING AND CUSTODY.................................................................................. 11 DIVERSIFICATION ....................................................................................................... 11 MAXIMUM MATURITIES .............................................................................................. 11 INTERNAL CONTROL.................................................................................................. 11 PERFORMANCE STANDARDS ................................................................................... 11 REPORTING................................................................................................................. 11 INVESTMENT POLICY ADOPTION ............................................................................. 12 GLOSSARY .................................................................................................................. 13

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248
4 CITY OF FOSTER CITY AND

ESTERO MUNICIPAL IMPROVEMENT DISTRICT

INVESTMENT POLICY
JUNE 15, 2026
POLICY
It is the policy of the City of Foster City /Estero Municipal Improvement District (hereinafter collectively referred to as “City” or "City of Foster City") to invest public funds in a manner which will provide the optimal return available consistent with the City’s liquidity needs and the primary objective of protecting the safety of principal conforming to all laws of the State of California regarding the investment of public funds.

SCOPE
The City Treasurer or his/her designee is authorized to invest the City's funds in accordance with the California Government Code Sections 53601.1, 53602, 53635, and 53646. This investment policy applies to all financial assets of the City. These funds are accounted for in the Annual Comprehensive Financial Report which includes the following fund types:
• General Fund
• Special Revenue
• Capital Projects
• Enterprise
• Internal Service
• Trust and Agency
• Any new fund created by the legislative body, unless specifically exempted.

All monies entrusted to the City Treasurer will be pooled in an actively managed portfolio except for employee retirement funds, which are administered separately.

PRUDENCE
The actions of the City Treasurer in the performance of his/her duties as manager of public funds shall be evaluated using the following prudent person standard applied in the context of managing the overall portfolio:

Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived.

Investment officers acting in accordance with written procedures and the investment policy exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from

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249
5 expectations are reported to the City Council / District Board in a timely fashion and appropriate action is taken to control adverse developments.

OBJECTIVES
There are three (3) primary objectives of the City’s Investment activities. In order of priority, they are: a) Safety, b) Liquidity, and c) Yield. In every case, all investment securities that are chosen to achieve these objectives will be in conformance with California state law and all applicable local ordinances or policies.

A. Safety
Safety of principal is the foremost objective of the investment program. Investments of the City shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The City shall seek to safeguard principal by a careful examination of credit risk and market risk of individual investments.

1. Credit Risk - is defined as the risk of loss due to failure of an issuer of a security, shall be mitigated by investing in only very safe institutions and by diversifying the fund so that the failure of any one issuer would not unduly harm the City's cash flow.

2. Market Risk - is defined as the risk of market value fluctuations of the investment portfolio’s securities due to overall changes in the general level of interest rates, shall be mitigated by managing duration risk of the City/District fund to no less than one year and no greater than three years.

B. Liquidity
The City investment portfolio will remain sufficiently liquid to enable the City to meet all operating expenditure requirements which might be reasonably anticipated. In order to maintain liquidity, the City shall maintain cash and investments with a maturity of not greater than one (1) year that is equal or greater than the sum of the minimum operating and capital reserve requirements established by City Council / District Board policy for the General Fund, Capital Improvement Funds, Enterprise Funds, Internal Service Funds, and any other funds for which the Council/Board may establish minimum reserve requirements. Notwithstanding the above considerations, a minimum of 5% of the portfolio will have investments maturing within one day or in pooled or money market funds.

C. Yield
The City investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account investment risk constraints and the cash flow characteristics of the portfolio. Whenever possible, consistent with risk limitations and prudent investment principles, the City shall make an effort to achieve returns not less than the market average rate of return. The market-average rate of return is defined as the average return on One-Year U.S.

Treasury Notes, measured by an index comprised of the 12 current U.S. Treasury OneYear Notes.

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6 DELEGATION OF AUTHORITY
Pursuant to Section 2.16.030 of the City Municipal Code, the City Treasurer has been authorized to undertake investment transactions on behalf of the City. The only officials authorized to undertake investment transactions on behalf of the City are the City Treasurer and Assistant Finance Director. The actual disbursement of funds for the placement of individual investments undertaken by these two officials shall be subjected to a second party approval by officers authorized to sign City checks and wire transfers.

On a quarterly basis, the City Treasurer shall discuss the status of current investments, strategies for future investments, and other investment matters deemed necessary and shall report to the City Council as necessary.

The City Treasurer is responsible for ensuring compliance with the City's investment policies as well as for establishing systems of internal control to regulate the activities of subordinate officials.

ETHICS AND CONFLICTS OF INTEREST
Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Employees and investment officials shall disclose to the City Clerk any material financial interests in financial institutions that conduct business within this jurisdiction, and they shall further disclose any large personal financial investment positions that could be related to the performance of the City investment portfolio.

AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS
The City Treasurer or his/her designee will maintain a list of financial institutions authorized to provide investment services and shall conduct an annual review of the financial condition and credit worthiness of all institutions that the City is currently using for the placement of investments. All financial institutions including broker/dealers which desire to become qualified bidders for the City's investment transactions must provide the Financial Services Department with the following:
• Certification of qualification under the Security and Exchange Commission’s (SEC) Rule 15c3-1 (Net Capital Requirement for Brokers and Dealers) • Certification of registration with all appropriate federal and state regulatory bodies, which may include but are not limited to: SEC, Municipal Securities Rulemaking Board, Financial Industry Regulatory Authority, California Department of Corporations
• Audited financial statement for the last three years and subsequent quarterly financial statements.
• Certification of having read the City investment policy and depository contracts.

The City may require, at its discretion, periodic recertification of the matters set forth above.

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7 The City Treasurer or his/her designee will investigate all financial institutions including brokers/dealers to determine if they are adequately capitalized, broker or deal in market securities appropriate to the City's needs, and agree to abide by the conditions set forth in the investment policy of the City. This will be done by having the financial institutions, brokers or dealers complete and return the appropriate questionnaire to the City Treasurer or his/her designee.

AUTHORIZED AND SUITABLE INVESTMENTS
The State of California Government Code (specifically, sections 16429.1, 53601 and 53649) limits the investment vehicles available to local agencies.

The following table summarizes the authorized investments, their maximum maturity, maximum percentage of portfolio, and maximum investment in any one issuer:

Authorized Investment Type1
Maximum
Maturity
Maximum % of
Portfolio
Maximum Investment in
One Issuer (as % of
Portfolio)
State Treasurer’s Local Agency
Investment Fund
N/A 100% 100%
San Mateo County Pool
Investment Program
N/A 10% 10%
Government Agency Issues
• Local Municipal Bonds 5 years 5% 5%
• State Bonds 5 years 5% 5%
• U.S. Treasury Obligations 5 years 100% 100%
• U.S. Agency Securities 5 years 100% 50%
Bankers Acceptances 180 days 25% 5%
Commercial Paper (“A1” rating
or better)
90 days 20% 5%
Negotiable Certificates of
Deposit
5 years 30% 5%
Repurchase Agreements 1 year 50% 50%
Medium-Term Notes (“A1” rating
or better)
5 years 5% 5%
Shares of Beneficial Interest
(Mutual Funds)
N/A 10% 10%
Shares of Beneficial Interest
issued by a joint powers
authority
N/A 50% 50%
Certificates of Deposit (nonnegotiable)1 year 10% Maximum insurable deposit with FDIC2
Detailed descriptions of each type of investments listed above are as follows:
1 Investment Grade Ratings are based on Moody’s Long-Term Obligation Ratings. Alternative equivalent ratings by Standard & Poor’s are also acceptable.
2 Current maximum insured amount per institution is $250,000.

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8 • State Treasurer's Local Agency Investment Fund (LAIF) - Government Code Section 16429.1 authorizes each local government agency to invest funds at a maximum amount allowable in this investment program administered by the California State Treasurer. The maximum amount of funds that can be invested with LAIF as dictated by LAIF regulations.
• San Mateo County Pool Investment Program - Money invested with the San Mateo County Pool Investment Program. Investment in the County Pool is limited to 10% of the portfolio.
• Government Agency Issues – Securities from various government agencies, such as those identified in Government Code Section 53601 (a) through (e), includes the following:
• Local Municipal Bonds or other indebtedness – maximum maturity is 5 years from date of purchase, no limit on the amount of the portfolio, and no more than 5% of the total portfolio invested in any one issuer. Preference will be given to California municipal agencies.
• State Bonds or other indebtedness – maximum maturity of 5 years from date of purchase, a 5% limit on total investments in the portfolio, and no more than 5% of the total portfolio invested in any one issuer.
• U.S. Treasury Obligations, including notes or other indebtedness secured by the full faith and credit of the Federal Government – maximum maturity of 5 years from date of purchase, and no limit on amount invested as a % of total portfolio.
• U.S. Agency Securities, including but not limited to issues by federal agencies such as the Federal Farm Credit Bureau, Government National Mortgage Association, Federal National Mortgage Association, and Federal Home Loan Mortgage Corporation – maximum maturity of 5 years from date of purchase, no limit on amount investment as a % of total portfolio, and no more than 50% of the total portfolio invested in any one issuer.
• Bankers Acceptances - As authorized by Government Code Section 53601 (f), 25% of the City's portfolio may be invested in Bankers Acceptances that are eligible for purchase by the Federal Reserve System. Purchases of Bankers Acceptances may not exceed a 180 day maturity. No more than 5% of the market value of the portfolio shall be placed with any one institution.
• Commercial Paper - As authorized by Government Code Section 53601 (g), 20% of the City's portfolio may be invested in commercial paper having a 'A1' rating for the issuers debt, rated by Moody's or Standard and Poors, with maturities not to exceed 90 days. No more than 5% of the portfolio shall be placed with any one institution. • Negotiable Certificate of Deposit - As authorized in Government Code Section 53601 (h), the City may invest 30% of its portfolio in negotiable certificates of deposit

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9 issued by commercial banks and savings and loan associations with a maturity at issuance of no greater than 5 years. No more than 5% of the market value of the portfolio shall be placed with any one institution.
• Repurchase Agreements - As authorized in Government Code Section 53601(l), this investment is an agreement between the local agency and seller for the purchase of securities on or before a specified date for a specified amount. The City may invest in Repurchase Agreements with banks and dealers with which the City has entered into a master repurchase contract which specifies terms and conditions of Repurchase Agreements and are fully collateralized by delivery to an independent third party custodian. In order to conform with the provisions of the Federal Bankruptcy Code which provides for the liquidation of securities held as collateral for repurchase agreement, the only securities acceptable as collateral shall be eligible negotiable certificates of deposit, eligible banker's acceptances, or securities that are direct obligations of, or that are fully guaranteed as to principal and interest by, the United States or any agency of the United States. There is no legal limitation on the amount of the repurchase agreement. However, the maturity period cannot exceed one year.
• Medium-Term Notes - As authorized in Government Code Section 53601(o), medium-term notes are considered notes issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States. Notes eligible for investment under this subdivision shall be rated in a rating category of "A1” or better by Standard & Poor or by Moody's rating services. Securities must have a maturity of no greater than five years from the date of purchase. No more than 5% percent of the portfolio may be invested in medium-term notes.
• Shares of Beneficial Interest (mutual funds) - As authorized by Government Section Code 53601(k), issues by diversified management companies, otherwise known as mutual funds, and as defined in Section 23701(m) of the Revenue and Taxation Code, are allowable investments. Mutual funds must consist of securities and obligations of the U.S. Government authorized by Section 53601 of the California Government Code. To be eligible for investment, said companies shall either:

1. Attain the highest ranking or the highest letter and numerical rating provided by not less than two of the three largest nationally recognized rating services, or

2. Have an investment adviser registered with the Securities and Exchange Commission with not less than five years' experience investing in the securities and obligations as authorized above, and with assets under management in excess of $500,000,000. The price of shares of beneficial interest (mutual funds) shall not include any commission that these companies may charge at the time of purchase or redemption. No more than 10% of the portfolio may be invested in mutual funds.
• Shares of Beneficial Interest (joint powers authority) – Shares of beneficial interest issued by a joint powers authority organized pursuant to Section 6509.7 that invests

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10 in the securities and obligations authorized in subdivisions (a) to (q), inclusive.

Each share shall represent an equal proportional interest in the underlying pool of securities owned by the joint powers authority. To be eligible under this section, the joint powers authority issuing the shares shall have retained an investment adviser that meets all of the following criteria:
(1) The adviser is registered or exempt from registration with the Securities and Exchange Commission.
(2) The adviser has not less than five years of experience investing in the securities and obligations authorized in subdivisions (a) to (q), inclusive. (3) The adviser has assets under management in excess of five hundred million dollars ($500,000,000).
• Certificates of Deposit (non-negotiable) - As authorized in Government Code Section 53601, Certificates of Deposit are fixed term deposits with a financial institution with stipulated interest rates. The City shall deposit funds only with financial institutions which operate in California. Such investments are required to be collateralized by financial institutions from 105% to 150% depending on the specific security pledged as collateral. These institutions must be insured by the Federal Deposit Insurance Corporation (FDIC) or other federal government insurance banking systems.

Although financial institutions are required to collateralize such deposits, to guarantee preservation of capital, the City shall limit its investment in certificates of deposit to the maximum insurable deposit guaranteed by the FDIC or other federal insurance guarantor. The Dodd-Frank Wall Street Reform and Consumer Protection Act was signed into law on July 21, 2010, establishing the FDIC-insured amount in effect per depositor of $250,000. The maximum maturity at issuance may not exceed 1 year.

DOWNGRADED BONDS
In the event that the rating of any investment is downgraded to ‘A2’, the City Treasurer will immediately notify the City Manager. If it is downgraded to ‘A3’ rating, the City Manager will provide notice to the City Council of the downgrade and that the bond will be sold if it falls to “Baa” rating or below, regardless of the loss, unless otherwise directed by City Council resolution at the next available City Council meeting.

COLLATERALIZATION
Collateralization will be required on two types of investments: Certificates of Deposit and Repurchase Agreements. Federal and State law governs the collateralization requirements for Certificates of Deposit, which under the terms of this policy shall not be less than 102% of the value of the deposit. With regards to Repurchase Agreements, the collateralization level will be in conformance with the California Government Code, and in no event less than 102% of market value of principal and accrued interest.

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11 Collateral will always be held by an independent third party with whom the entity has a current custodial agreement. Clearly marked evidence of ownership (safekeeping receipt) must be supplied to the City and retained by the issuing institution at all times.

SAFEKEEPING AND CUSTODY
All security transactions, including collateral for repurchase agreements, entered into by the City shall be conducted on a delivery-versus-payment (DVP) basis. Securities will be held by a third party custodian designated by the City Treasurer and evidenced by safekeeping receipts.

DIVERSIFICATION
The City will diversify its investments by security type and institution in accordance with the table of Authorized and Suitable Investments. However, 100% of the portfolio may consist of U.S. Treasury, U.S. Agency securities and/or the LAIF investment pool.

MAXIMUM MATURITIES
To the extent possible, the City will attempt to match its investments with anticipated cash flow requirements. The City will not invest in securities maturing more than five (5) years from the date of purchase.

INTERNAL CONTROL
The City Treasurer shall establish an annual process of review internally, including assuring that an independent analysis by an external auditor be conducted annually to review and perform procedures testing on the City’s cash and investments.

PERFORMANCE STANDARDS
The investment portfolio will be designed to obtain a market average rate of return during budgetary and economic cycles, taking into account the City's risk constraints and cash flow needs.

The City's investment strategy is to obtain a market average rate of return. The market average rate of return is defined as the average return on one-year U.S. Treasury Notes.

REPORTING
The City Treasurer shall submit investment reports monthly to the City Council which should include a list of the portfolio’s holdings by investment asset class, name of institution, purchase date, maturity date, call date, par value, amount of deposit or cost of security, amortized book value, current market value of securities, coupon and effective yield. In addition, the report will indicate the portfolio’s duration, total weighted average maturity and yield. The report will be signed as mandated in compliance with California Government Code Sections 53607 and 53646.

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12 INVESTMENT POLICY ADOPTION
The above investment policy is adopted by the resolution of the City of Foster City/Estero Municipal Improvement District. The policy is reviewed on an annual basis by the City Treasurer and any modifications made thereto shall be approved by the City Council/District Board.

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13 GLOSSARY
AGENCIES: Federal agency securities.

ASKED: The price at which securities are offered.

BANKERS' ACCEPTANCE (BA): A draft or bill or exchange accepted by a bank or trust company. The accepting institution guarantees payment of the bill, as well as the insurer.

BID: The price offered for securities.

BOND RATINGS: bond ratings measure quality and safety based on the issuer's financial condition. These rating services evaluate the likelihood that a debt issuer will be able to meet scheduled interest and principal payments.

Moody's vs. Standard & Poors Bond Ratings
Bond Rating
Grade Risk
Moody's
Standard
&
Poor's
Aaa AAA Investment, Highest Quality Lowest Risk
Aa (1-3) AA Investment, Very High Quality Low Risk
A (1-3) A Investment, High Quality Low Risk
Baa BBB Minimum Investment Grade Medium
Risk
Ba BB Junk, Speculative High Risk
B B Junk, Very Speculative Higher Risk
Caa CCC Junk, Default Possible Higher Risk
Ca CC Junk, Default Probable Extreme
Risk
C D Junk, In actual or imminent
default
Highest
Risk
BROKER: A broker brings buyers and sellers together for a commission paid by the initiator of the transaction or by both sides; he does not position. In the money market, brokers are active in markets in which banks buy and sell money and in interdealer markets.

COLLATERAL: Securities, evident of deposit or other property which a borrower pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies.

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14 CERTIFICATE OF DEPOSIT (CD): A time deposit with a specific maturity evidenced by a certificate. Certificate of Deposit may be issued in either negotiable or nonnegotiable form. Nonnegotiable certificates cannot be resold in the secondary market and may face penalties for early redemption whereas a negotiable CD may be resold.

COUPON: (a) The annual rate of interest that a bond's issuer promises to pay the bondholder on the bond's face value. (b) A certificate attached to a bond evidencing interest due on a payment date.

DEALER: A dealer, as opposed to a broker, acts as a principal in all transactions, buying and selling for his own account.

DEBENTURE: A bond secured only by the general credit of the issuer.

DISCOUNT: The difference between the cost price of a security and its value at maturity when quoted at lower than face value. A security selling below original offering price shortly after sale also is considered to be at a discount.

DISCOUNT SECURITIES: Non-interest bearing money market instruments that are issued at a discount and redeemed at maturity for full face value, e.g., U.S. Treasury bills.

DIVERSIFICATION: Dividing investment funds among a variety of securities offering independent return.

DURATION: A measure of the sensitivity of the asset's price to interest rate movements.

It broadly corresponds to the length of time before the asset is due to be repaid.

Example: the duration of a US Treasury Bill which matures in one year is 1.0. If interest rates immediately move 1% after purchase, the value of the investment would also change by 1%.

FEDERAL CREDIT AGENCIES: Agencies of the Federal government set up to supply credit to various classes of institutions and individuals, e.g., S&L's, small business firms, students, farmers, farm cooperatives, and exporters.

FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC): A federal agency that insures bank deposits, currently up to $100,000 per deposit.

FEDERAL FARM CREDIT BUREAU: The Bureau issues a variety of Federal Farm Credit Banks Consolidated System wide Debt Securities (Farm Credit Debt Securities) on behalf of the Farm Credit System Banks with a broad range of maturities and structures.

FEDERAL FUNDS RATE: The rate of interest at which Fed funds are traded. This rate is currently pegged by the Federal Reserve through open-market operations.

FEDERAL HOME LOAN BANKS (FHLB): The institutions that regulate and lend to savings and loan associations. The Federal Home Loan Banks play a role analogous to that played by the Federal Reserve Banks vis-a-vis member commercial banks.

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15 FEDERAL HOME LOAN MORTGAGE CORPORATION: The FHLMC, or “Freddie Mac”, is a Government-chartered corporation which buys qualified mortgage loans from the financial institutions that originate them, securitizes the loans, and distributes the securities through the dealer community. The securities are not backed by the U.S.

Government, however it does operate under a conservatorship that began on September 6, 2008, and conducts its business under the direction of the Federal Housing Finance Agency (FHFA).

FEDERAL RESERVE SYSTEM: The central bank of the United States created by Congress and consisting of a seven-member Board of Governors in Washington, D.C., 12 Regional Banks and about 5,700 commercial banks that are members of the system.

GOVERNMENT NATIONAL MORTGAGE ASSOCIATION (GNMA or Ginnie Mae):

Securities guaranteed by GNMA and issued by mortgage bankers, commercial banks, savings and loan associations and other institutions. Security holder is protected by full faith and credit of the U.S. Government. Ginnie Mae securities are backed by PHA, VA or FMHM mortgages. The term pass-throughs is often used to describe Ginnie Maes.

LIQUIDITY: A liquid asset is one that can be converted easily and rapidly into cash without a substantial loss of value. In the money market a security is said to be liquid if the spread between bid and asked prices is narrow and reasonable size can be done at those quotes.

LOCAL AGENCY INVESTMENT FUND (LAIF): The aggregate of all funds from political subdivisions that are placed in the custody of the State Treasurer for investment and reinvestment.

MARKET VALUE: The price at which a security is trading and could presumably be purchased or sold.

MATURITY: The date upon which the principal or stated value of an investment becomes due and payable.

MONEY MARKET: The market in which short-term debt instruments (bills, commercial paper, bankers' acceptances, etc.) are issued and traded.

PORTFOLIO: Collection of securities held by an investor.

PRUDENT PERSON RULE: An investment standard. In some states the law requires that a fiduciary, such as a trustee, may invest money only in a list of securities selected by the state - the so-called legal list. In other states the trustee may invest in a security if it is one which would be bought by a prudent person of discretion and intelligence who is seeking a reasonable income and preservation of capital.

PRIMARY DEALER: A group of government securities dealers that submit daily reports of market activity and positions and monthly financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight. Primary dealers include Securities and Exchange Commission (SEC) registered securities broker-dealers, banks, and a few regulated firms.

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16 RATE OF RETURN: The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity on a bond or the current income return.

REPURCHASE AGREEMENT (Repo): A form of short-term borrowing for dealers in government securities. Technically, it represents the simultaneous sell and repurchase of a security. The dealer sells the combination of securities needed to overcollateralize the investor’s principal investment usually on an overnight basis, and buys them back the following day. For the party selling the security (and agreeing to repurchase it in the future) it is a repo; for the party on the other end of the transaction (buying the security and agreeing to sell in the future), it is a reverse repurchase agreement.

QUALIFIED PUBLIC DEPOSITORIES: A financial institution which does not claim exemption from the payment of any sales or compensating use or ad valorem taxes under the laws of this state, which has segregated for the benefit of the commission eligible collateral having a value of not less than its maximum liability and which has been approved by the Public Deposit Protection Commission to hold public deposits.

SAFEKEEPING: A service to customers rendered by banks for a fee whereby securities and valuables of all types and descriptions are held in the bank's vaults for protection.

SECONDARY MARKET: A market made for the purchase and sale of outstanding issues following the initial distribution.

SECURITIES & EXCHANGE COMMISSION: Agency created by Congress to protect investors in securities transactions by administering securities legislation.

TREASURY BILLS: A non-interest bearing discount security issued by the U.S.

Treasury to finance the national debt. Most bills are issued to mature in three months, six months, or one year.

TREASURY BOND: Long-term U.S. Treasury securities having initial maturities of more than ten years.

TREASURY NOTES: Intermediate term coupon bearing U.S. Treasury securities having initial maturities of from one to ten years.

WEIGHTED AVERAGE MATURITY (WAM) – a measure of the portfolio’s investments with respect to timing of cash flows. Example: If a portfolio had only two securities of equal size, one maturing in 2 years and another in 3 years, the portfolio’s WAM would be 2.5 years. If the 2 year investment was $1 mm and the 3 year investment was $10 mm, the WAM would be 2.9 years.

YIELD: An investment’s annualized return. The simplest version of yield is calculated using the following formula: [yield = coupon amount/price.] When a bond is purchased at par (100% of face value), yield is equal to the interest rate. When the price changes, so does the yield.

BOOK YIELD – The yield to maturity at which the investment was purchased.

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17 MARKET YIELD – the yield to maturity of the bond at current market price PORTFOLIO’S NET YIELD – The total interest received divided by amount invested, plus any gains and minus any losses taken, annualized.

YIELD TO MATURITY – The internal rate of return earned by an investor who buys the bond today at the market price, assuming that the bond will be held until maturity, and that all coupon and principal payments will be made on schedule. Yield to maturity is actually an estimation of future return, as the rate at which coupon payments can be reinvested when received is unknown.

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DATE: June 15, 2026
TO: President and Members of the Estero Municipal Improvement District (EMID) Board of Directors
VIA: Stefan Chatwin, District Manager
Marlene Subhashini, Assistant District Manager
FROM: Andrew Brozyna, Public Works Director
Yelena Cappello, Principal Management Analyst
DEPARTMENT: Public Works
SUBJECT: ONE-YEAR EXTENSION TO THE WATER/WASTEWATER RATE ASSISTANCE PROGRAM (W/WRAP) UNTIL JUNE 30, 2027

RECOMMENDATION
It is recommended that the Board of Directors of the Estero Municipal Improvement District (District Board) adopt a resolution approving a one-year extension to the Water/Wastewater Rate Assistance Program (W/WRAP) through June 30, 2027, after which the program will automatically sunset unless further extended by the District Board.

EXECUTIVE SUMMARY
W/WRAP provides financial relief to eligible applicants through a $15 monthly discount per water and wastewater account. Extending the program for an additional year will continue supporting qualified participants and help ease the financial strain of essential services. This program aligns with EMID’s commitment to social equity.

As of May 2026, 45 customers are enrolled in W/WRAP, with an annual fiscal impact of $16,200. If participation levels remain consistent in FY 2026-2027, available funding will sufficiently cover program costs, as the Preliminary Budget allocates $9,000 each for water and wastewater rate assistance from non-rate sources. As of May 1, 2026, delinquent payment penalties total $63,000 for water and $71,000 for wastewater and

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are adequate to sustain the program, even with potential increases in enrollment. Staff recommends extending W/WRAP from July 1, 2026, to June 30, 2027, ensuring continued support for eligible customers. The program guidelines and the application form are attached (Attachments 2 and 3).

BACKGROUND/ANALYSIS
In May 2020, the District Board approved the W/WRAP program to assist customers with financial needs. Since its launch in July 2020 under EMID Resolution No. 3513, W/WRAP has undergone five (5) extensions via EMID Resolution Nos. 3585, 3651, 3727, 3761, and 3803 extending the program through June 30, 2026. These extensions ensure ongoing financial assistance for customers in need. Additionally, the resolution granted the District Board the authority to approve further program continuations.

W/WRAP eligibility follows PG&E’s California Alternate Rates for Energy (CARE) program. EMID customers must apply and provide proof of enrollment in the PG&E CARE program or other income documentation. Among the approximately 903 Foster City customers enrolled in PG&E CARE, approximately 298 customers may qualify for W/WRAP based on estimates from EMID’s Water and Wastewater Rates Study consultant, Bartle Wells and Associates. Multi-family units without separate meters or individually paid utility bills are ineligible.

At full participation, the $15 monthly discount per water and wastewater account could cost up to $107,000 annually. With 45 current participants, the annual fiscal impact is $16,200. Under the FY 2026-2027 rates, residential water meters have a fixed charge of $33.80, and water usage up to 20 units per billing cycle is billed at $7.44 per unit.

This results in an average monthly residential water bill of $93.32 ($33.80 for the meter + $59.52 for water usage). The wastewater collection rate is $136.16 per month for single-family homes and $114.37 for separately metered multi-family units. A $30 monthly W/WRAP credit ($15 for water + $15 for wastewater) reduces an average bill by approximately 13% for eligible customers. Since the credit is fixed, lower water users benefit more significantly, while higher users receive a lower percentage discount, thus aligning with EMID’s water conservation goals. Note that the program automatically sunsets at the end of each annual extension. However, if funding remains consistent with historical trends and can sustain program costs, staff will continue recommending its renewal to City Council to ensure its ongoing benefits to the community

CALIFORNIA ENVIRONMENTAL QUALITY ACT
The resolution extending W/WRAP qualifies for CEQA’s common sense exemption, as CEQA applies only to projects with potential significant environmental impact. Since this activity poses no significant environmental effect, it is not subject to CEQA (CEQA Guideline Section 15061(b)(3)).

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FISCAL IMPACT
With the current enrollment, the annual fiscal impact of W/WRAP is $16,200. If all estimated eligible customers participated, program costs could rise to $107,000 per year.

Under Proposition 218, W/WRAP must be funded by non-rate revenues; therefore, revenues from delinquent payment penalties will be used to fund this program. As of May 1, 2026, delinquent payment penalties total $63,000 for water and $71,000 for wastewater and are adequate to sustain the program, even with potential increases in enrollment.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Public Safety and Social Equity
ATTACHMENTS:

Attachment 1 – Resolution
Attachment 2 – W/WRAP Program Guidelines
Attachment 3 – W/WRAP Application FY 2026-2027

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RESOLUTION NO.

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL

IMPROVEMENT DISTRICT APPROVING A ONE-YEAR EXTENSION OF THE

WATER/WASTEWATER RATE ASSISTANCE PROGRAM (W/WRAP) THROUGH JUNE 30, 2027, AND UNLESS FURTHER EXTENDED BY THE DISTRICT BOARD, WILL AUTOMATICALLY SUNSET AT THE CONLUSION OF THIS PERIOD; AND

FINDING THE APPROVAL OF THE EXTENSION IS EXEMPT FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) 15061(b)(3)

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, the District anticipates increases in both Water and Wastewater Rates over the next five years; and
WHEREAS, in response to projected rate increases, the District Board established a Pilot Water/Wastewater Rate Assistance Program (W/WRAP) in Fiscal Year 2020-2021 for customers demonstrating financial need; and
WHEREAS, W/WRAP provides a discount for both water and wastewater accounts in a monthly amount of $15 each for water rates and wastewater rates; and WHEREAS, the program was extended until June 30, 2026, at which time it will automatically sunset unless extended by the EMID Board; and WHEREAS, a non-rate revenue source must be used to offset program costs to ensure compliance with California Proposition 218.

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Estero Municipal Improvement District hereby:

1. Finds that the adoption of this resolution is exempt from CEQA under the common sense exemption, as CEQA applies only to projects with the potential for significant environmental impacts. Since this activity has no such impact, it is not subject to CEQA per CEQA Guideline Section 15061(b)(3).

2. Approves and extends the W/WRAP, attached hereto as Exhibit “A” (incorporated herein by reference), providing a monthly discount to eligible customers of $15 each for water and wastewater accounts, through June 30, 2027, at which time the program will automatically sunset unless extended by the EMID Board.

3. Approves the use of delinquent payment fees as the revenue source to fund the program for Fiscal Year 2026-2027.

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4. Authorizes the District Manager or designee to maintain and update program guidelines and materials as necessary for effective administration.

PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at its regular meeting on the 15th day of June 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________________

ART KIESEL, PRESIDENT
ATTEST:

PRISCILLA SCHAUS, DISTRICT SECRETARY

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Estero Municipal Improvement District
Water/Wastewater Rate Assistance Program (W/WRAP)
Program Guidelines
1 | P a g e Rev 2025-07-01
The intent of the Estero Municipal Improvement District Water/Wastewater Rate Assistance Program (W/WRAP) is to provide rate relief to account holders who demonstrate need. In recognition of increases in the Water and Wastewater Rates, the Estero Municipal Improvement District implemented this discount program to make rates more affordable for qualifying customers.

The following guidelines govern the specific procedures and qualifications for this incentive program.

1. About the Program
a. Effective Dates. Funding for the program is authorized, and applications will be accepted as of July 1, 2020. Discounts will not be applied retroactively.
b. Discount Amount. Customers meeting the eligibility and qualification requirements below shall be granted a discount of up to $15 per month each on their qualifying Water and Wastewater accounts. In no case shall the discount exceed the amount of the monthly bill. c. Discounts will be applied to accounts as of the month following enrollment into the program and will be in force for a two-year qualification period unless program is terminated. Requalification is required every two years.

2. Customer Eligibility
a. The EMID Water bill must be in the applicant’s name. b. Applicant must reside at the address to which the discount applies. c. Applicant’s home may not share a water meter with another home. d. Another person (besides the applicant’s spouse) may not claim the applicant as a dependent on an income tax return.
e. Applicant must demonstrate eligibility requirements and submit required documentation. f. The account must be in good standing.

3. Required Documentation.
a. Program Application - Submit the most current version of the Program Application form, which can be found on the City of Foster City website: www.fostercity.org b. Documentation of need under one of the following three qualification categories:

A. ENROLLMENT IN PG&E’S RATE ASSISTANCE CARE PROGRAM – Submit a current PG&E bill showing enrollment in CARE program

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Estero Municipal Improvement District
Water/Wastewater Rate Assistance Program (W/WRAP)
Program Guidelines
2 | P a g e Rev 2025-07-01
B. PARTICIPATION IN PUBLIC ASSISTANCE PROGRAM(S) – Submit WIC voucher, recent award letter(s) OR letter of participation in one or more of the following program(s) • Women, Infants, and Children (WIC)
• CalFresh/SNAP (Food Stamps)
• CalWORKs (TANF) or Tribal TANF
• Head Start Income Eligible (Tribal Only)
• Supplemental Security Income (SSI)
• Medi-Cal for Families (Healthy Families A & B)
• National School Lunch Program (NSLP)
• Bureau of Indian Affairs General Assistance
• Medicaid/Medi-Cal
• Pacific Gas and Electric Company Low Income Home Energy Assistance Program (LIHEAP)
C. MAXIMUM HOUSEHOLD INCOME THRESHOLD – Submit documentation of total of all household members' incomes from all eligible sources. Maximum qualifying total gross annual household income is listed in the most current W/WRAP application determined based on PG&E CARE program income limits and updated each fiscal year accordingly once PG&E posts the applicable income limits. Income sources include, but are not limited to the following:
• Wages
• Salaries
• Interest and dividends
• Spousal and child support payments
• Public assistance payments
• Social Security and pensions
• Housing and military subsidies
• Rental income
• Self-employment income
• Employment-related, non-cash income

4. Other Program Requirements
a. Program Participants must notify EMID within 30 days if the household no longer qualifies for the W/WRAP discount.
b. Program participants must requalify every two years. c. Program participants must reapply if they move within the EMID Service Area. d. Program participants may be required by EMID to provide current proof of qualifying income at any time during enrollment in the program.

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Estero Municipal Improvement District
Water/Wastewater Rate Assistance Program (W/WRAP)
Program Guidelines
3 | P a g e Rev 2025-07-01
e. EMID reserves the right to amend or modify qualification requirements for new or renewing participants at any time. Qualifications will not be altered for existing participants during their two-year qualification period.
f. The incentive program may be terminated by the EMID at any time without notice.

5. Contact Information
All correspondence regarding this program should be addressed to:

Estero Municipal Improvement District
Water/Wastewater Rate Assistance Program
610 Foster City Boulevard
Foster City, CA 94404
[email protected]
(650) 286-3260

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Income Qualification
Based on PG&E CARE program income limits and updated each fiscal year accordingly once PG&E posts the applicable income limits for the Current Fiscal Year.

Household Size Total Gross Annual Income
1-2 Persons $43,280
3 Persons $54,640
4 Persons $66,000
5 Persons $77,360
Each additional person, add $11,360
Application
If you are eligible and would like to participate, Submit PG&E bill showing enrollment in the CARE program or other proof of income required by this application along with the completed application to:

Estero Municipal Improvement District
Water/Wastewater Rate Assistance Program (W/WRAP)
610 Foster City Boulevard
Foster City, CA 94404
Estero Municipal Improvement District
Water/Wastewater Rate Assistance Program (W/WRAP)
Program Description
The W/WRAP is intended to provide rate relief to eligible and qualified account holders who demonstrate need by providing up to $15 per month each on their qualifying Water and Wastewater accounts, not to exceed a $30 per month discount per customer. In no case shall the discount exceed the amount of the monthly bill.

A copy of a PG&E bill showing enrollment in the CARE rate assistance program along with this completed application will qualify applicants for the W/WRAP program. Customers who do not participate in CARE can qualify by submitting the application and other documentation of income identified in this application. Once the application is processed and the account is enrolled, the discount will automatically appear on the following month’s bill.

Program Qualification
To qualify for the discount, you must meet the following requirements:
• The bill must be in your name.
• You must reside at the address to which the discount applies. • Your home may not share a water meter.
• Another person (besides your spouse) may not claim the applicant as a dependent on an income tax return.
• You must demonstrate that you meet the eligibility requirements and attach proof of eligibility.
• The account must be in good standing.

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APPLICATION FOR WATER/WASTEWATER

RATE ASSISTANCE PROGRAM (W/WRAP)
(Please type or print legibly)
1 I am a primary residential customer of Estero Municipal Improvement District
(Application must be in the account holder’s name)
______________________________________
Name as shown on your EMID account
_______________________________________
Address where you receive water service
-
EMID Account Number (11 digits)
Daytime Phone: __________________________
Email Address: ____________________________
# of Adults: _________ of Children: _________
Total residents in household: _______________
2A Public Assistance Program Eligibility
CHECK all programs you participate in, then GO TO section 3  PG&E’s CARE program
 Medicaid/Medi-Cal (age 65 and older)
 SSI
 Food Stamps/SNAP
 LIHEAP
 WIC
 Healthy Families A & B
 TANF or Tribal TANF
 NSL FREE Lunch Program
 Bureau of Indian Affairs General Assistance
 Head Start Income Eligible (Tribal Only)
If you do not participate in any of the above programs, GO TO section 2B
2B Household Income Eligibility
Check all sources of household income.
 Pensions
 Social Security
 SSP, SSDI
 Interests/Dividends from: Savings Accounts, Stocks, Bonds or  Retirement Accounts
 Wages and/or Profits from Self-Employment
 Rental or Royalty Income
 Unemployment Benefits
 Disability or Workers Compensation Payments
 Scholarships, Grants or Other Aid for Living Expenses  Insurance or Legal Settlements
 Spousal or Child support
 Cash and/or Other Income
Total Annual Household Income
$
,
3 Declaration (Read and Sign)
I state that the information I have provided in this application is true and correct. I agree to provide proof of income if asked. I agree to inform EMID if I no longer qualify to receive the discount. I understand that if I receive the discount without qualifying for it, I may be required to pay back the discount I received. I understand that EMID can share my information with other utilities or their agents for the purpose of enrolling me in their assistance programs.

X
Customer Signature Date

CITY APPROVAL
Public Works reviewed by Public Works approved by
Finance reviewed by Finance approved by

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DATE: June 15, 2026
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
Marlene Subhashini, Assistant City Manager
FROM: Sofia Mangalam, Deputy City Manager
Thai-Chau Le, Interim Community Development Director
Maira Blanco, Senior Planner
DEPARTMENT: Community Development
SUBJECT: GILEAD CAMPUS EXPANSION MASTER PLAN PROJECT

RECOMMENDATION
It is recommended that the City Council take the following actions:

1. Adopt a Resolution of the City Council approving the second addendum and Mitigation Monitoring and Reporting Program (MMRP) to the Chess-Hatch Master Plan Environmental Impact Report (EIR) (SCH#2008122065), and addendum thereto, for the proposed Gilead Campus Expansion Project of up to 800,000 square feet (SF) of Research and Development (R&D) and ancillary uses, located in the Chess Drive/Hatch Drive area (APNs: 094-010-500, 094-010-510, 094-010-100) (EA2025-0001); and

2. Introduce by title only and waive further reading of an ordinance of the City Council amending the Foster City Zoning Map to modify the previously approved General Development Plan (GDP) for an approximately 11.87-acre land known as Chess Hatch Master Plan located at 1155-1159, 1161- 1169, and 1175-1191 Chess Drive in the CM/PD (Commercial Mix-Planned Development Combining) District with an amended GDP removing office as a primary use and updating associated exhibits to facilitate the proposed Gilead Campus Expansion project to allow up to 800,000 SF of biotechnology or R&D uses with a reduced parking ratio (APNs: 094-010-500, 094-010-510, 094-010- 100) (RZ2025-0005); and

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3. Adopt a Resolution of the City Council of Foster City approving and authorizing the Mayor to execute a parking agreement between the City of Foster City and Gilead Sciences, Inc. for the proposed Gilead Campus Expansion Project – up to 800,000 SF of R&D and ancillary uses, located in the Chess Drive/Hatch Drive area (APNs: 094-010- 500, 094-010-510, 094-010-100).

EXECUTIVE SUMMARY
The applicant, Gilead Sciences, Inc., is proposing to expand beyond its integrated main campus on an approximately 11.87-acre site consisting of three (3) contiguous parcels in the Chess Drive/Hatch Drive area, known as the Gilead Campus Expansion Master Plan (“Project”). The Project will be a phased construction up to a maximum of 800,000 SF of biotechnology R&D and ancillary uses, including:
• Phase 1 would include the construction of an approximately 175,000 SF two-story lab building (New Chess Facility/B1165) and surface parking. • Phase 2 would include construction of the remaining approximately 625,000 SF of R&D uses in two (2) additional multi-story buildings with a multi-story parking structure. The surface parking provided during Phase 1 would be removed as part of the full buildout.

Figure 1: Proposed Gilead Campus Expansion Phasing Plan; Source: Gilead Plan Set

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Figure 2: Proposed Gilead Campus Expansion Phasing Plan; Source: Gilead Plan Set The Project requires the approval of the following actions:

1. Environmental Assessment (EA2025-0001): Second Addendum to the ChessHatch Master Plan EIR and addendum thereto pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15164.

2. Amendment to GDP (RZ2025-0005): Amending the Foster City Zoning Map to modify the previously approved GDP for Chess Hatch Master Plan, removing office as a primary use and updating associated exhibits to facilitate the Project.

3. Vesting Tentative Parcel Map (RS2025-0002): A Vesting Tentative Parcel Map relocating one (1) existing parcel line and documenting disposition of existing and created easements to facilitate the Project.

4. Use Permit (UP2025-0012): A Specific Development Plan/Use Permit (“Use Permit”) to allow the construction of Phase 1.

5. Parking Agreement: A written parking agreement for the proposed Gilead Campus Expansion project.

On May 21, 2026, the City’s Planning Commission considered the project and voted 4-0 approving Resolutions for a Specific Development Plan/Use Permit to allow the construction of Phase 1, approximately 175,000 SF R&D building and a Vesting Tentative Parcel Map.

At that meeting, the Planning Commission also voted 4-0 to approve Resolutions making recommendations to the City Council for approval of Second Addendum and associated MMRP to the Chess-Hatch Master Plan EIR (SCH#2008122065), and addendum thereto; an amendment to the Foster City Zoning Map to modify the previously approved GDP with an amended GDP removing office as a primary use and updating associated exhibits, and a parking agreement.

It is important to note that the Planning Commission’s approval of the Use Permit would only take effect if and when the Council approves the GDP Amendment/Rezoning.

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At completion, the project would be an expansion of the Gilead campus with public-facing green spaces along Chess Drive and Lagoon, and a more defined gateway presence at Chess Drive and Foster City Blvd. The proposed Project was reviewed for consistency with the applicable General Plan goals and policies and the applicable provisions of the Foster City Municipal Code (FCMC). The project would enable Gilead’s campus expansion within Foster City, provide a positive fiscal benefit to the City and improve existing site conditions through traffic signal timings modifications, a Transportation Demand Management (TDM) plan, and site design and public realm improvements as detailed in the analysis section below. Therefore, staff recommends that the City Council approve the three (3) Council actions associated with the Gilead Campus Expansion project in the Chess Drive/Hatch Drive area.

NOTICING/PUBLIC OUTREACH
Notice of June 15, 2026, public hearing was made available to the public in the following ways:
• Notice in the Foster City Islander – June 3, 2026
• Electronic mailing to the Project applicants, owners and persons who expressed interest in receiving Project updates – June 3, 2026
• Mailing to property owners who own property within a 1,000-foot radius – June 3, 2026
• Foster City Website: www.fostercity.org – June 3, 2026 • Public Posting Places – June 3, 2026
Per CEQA Guidelines Section 15164, an addendum does not require a public circulation period under CEQA; however, environmental documents were made public through the course of sequenced public meetings, including this City Council meeting.

BACKGROUND

PROJECT SITE
The subject site is comprised of three (3) contiguous parcels, including Parcel 1, APN:
094-010-500 (approximately 4 acres), Parcel 2, APN: 094-010-510 (approximately 5 acres) and Parcel 3, APN: 094-010-100 (approximately 2.9 acres), totaling approximately

11.87 acres, and is located in the Chess/Hatch Drive area (Figure 1). The site is bounded by Chess Drive (northwest), lagoon/canal (north), CA State Route 92 (southeast) and Foster City Boulevard (south) and surrounded by low-rise office and commercial buildings.

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Figure 3: Location Map; Source: Near Map

PROPOSED PROJECT
On February 14, 2025, 2025, the applicant submitted a Preliminary Review application (PR2025-0003) for the proposed Project on the subject 11.87-acre property. On April 30, 2025, an Environmental Assessment application (EA2025-0001) was submitted by the applicant to begin environmental review of the proposed Project. On June 24, 2025, a GDP Amendment (RZ2025-0005) and associated Use Permit application (UP2025-0012) were submitted by the applicant, requesting to amend the Chess Hatch GDP, including removing office use as a primary use and updating associated exhibits, and construction of Phase 1, respectively. On July 30, 2025, a Vesting Tentative Parcel Map application (RS2025-0002) was submitted by the applicant to relocate one existing parcel line on one (1) of the three (3) parcels.

PUBLIC MEETINGS
To date, there have been several public meetings pertaining to the proposed Project, including City Council Gatekeeper Meeting on June 16, 2025, three Planning Commission (3) Study Sessions, and one (1) Planning Commission Public Hearing as included below:
• On June 16, 2025, a City Council Development Project Preliminary Review (Gatekeeper) meeting was held to introduce
the preliminary Project proposal, review the preliminary transportation study results, provide an overview of
the anticipated environmental analysis and required studies, and seek input on the proposed Project and the associated environmental review.

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• On December 4, 2025, Planning Commission Study Session #1 was held to formally introduce the Project and to seek public input. See link for Meeting minutes.

Key highlights:
o Staff presented on all Project components and requested entitlements. o Questions were raised regarding the projected employee headcounts associated with both phases of the Project.
o The Commission emphasized the need for fiscal impact analysis and traffic studies to evaluate the full buildout of both Phase 1 and Phase 2. o Clarification was requested regarding the removal of office as a primary use in the amended GDP and the differences in employee density and traffic generation between traditional office use and R&D use.
o Discussion also focused on the proposed phasing strategy, including the anticipated timing between Phase 1 and Phase 2, interim site conditions, and whether existing buildings would remain unoccupied. o Comments were provided on the proposed building design and site layout, including massing, building placement, height visibility from highway and City gateway, feasibility and practicality of a ten-story biotechnology R&D building.
o Additional information was requested regarding the environmental review and public safety associated with the Project, including potential releases to the air, land and water; hazardous materials handling; regulatory oversight and emergency response planning during construction and operation of the Project.
o Questions were also asked about the Project’s impact on the City’s Regional Housing Needs Allocation (RHNA) calculations and the relationship between the proposed expansion Project and the main integrated campus. • On February 5, 2026, Planning Commission Study Session #2 was held to provide follow-up responses to the Planning Commission’s concerns and questions raised during Study Session #1. See link for Meeting minutes.

Key highlights:
o The applicant team presented additional information related to the design evolution of the master plan campus, high-rise R&D precedent (built examples in other nearby cities), contextual considerations and design comparison to previously approved entitlements.
o Staff also provided an update on next steps, including status of technical studies and purpose of next Study Session.
• On April 23, 2026, Planning Commission Study Session #3 was held to provide the public and Planning Commission with an opportunity to review and provide input on the Project-specific environmental assessment, Fiscal Impact Analysis, and other associated aspects such as

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traffic analysis under Level of Service (LOS) standards.

Key highlights:
o Staff presented the CEQA determination (i.e., Second Addendum to certified EIR), and overall findings.
o Staff elaborated on specific areas analyzed in the Second Addendum, including Aesthetics, Air Quality, Transportation, and Hazards and Hazardous Materials.
o Staff also presented highlights from the Fiscal Impact Analysis. o Staff presented traffic analysis, including Vehicle Miles Traveled (VMT) analysis, LOS analysis, studied intersections, proposed signal timing modifications, and required traffic study under Phase 2. • On May 21 2026, a Planning Commission Regular Meeting was held to consider and approve two (2) actions of the Project, including the Specific Development Plan/Use Permit for Phase 1 and Vesting Tentative Parcel Map. Additionally, the Planning Commission made recommendations for City Council approval of three (3) actions, including Second Addendum to the Chess-Hatch Master Plan EIR, the amendment to GDP, and the Parking Agreement. See the link for Meeting minutes.

Key highlights:
o One of the Commissioners noted that any improvements or solutions to alleviate traffic congestion prior to and in anticipation of Phase 2 should be pursued in the interim.

After the meeting, staff raised this concern with the applicant, and they agreed to work on a traffic study.

For a detailed discussion on actions taken by the Planning Commission, see Planning Commission Actions section below.

HISTORY OF PREVIOUS ENTITLEMENTS
There are several City approvals associated with the redevelopment of the subject property, starting in 2006 with the latest GDP approved by Ordinance No. 573 in 2013.

The original project was approved with an Environmental Impact Report and a Statement of Overriding Considerations (“Chess Hatch Master Plan EIR” State Clearinghouse No. 2008122065) in November 2009.

On June 20, 2013, an Initial Study/Addendum (“IS/First Addendum”) to the previously approved Chess Hatch Master Plan EIR was approved by the City Council for minor changes to the approved project.

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On September 13, 2013, the City Council approved a Master Development Agreement (DA) with a five-year term to develop the previously approved project with the prior owners of the property.

On April 17, 2014, the Planning Commission approved the Use Permit/Specific Development Plan (UP-13-004 and EA-07-001B) to allow the demolition of nine (9) office buildings comprising 146,000 square feet of development and construction of 600,000 square feet of office development area and up to 5,000 SF of business supporting use in two (2) towers and a connector building, and construction of two (2) multi-story parking garages.

The subject property was sold to Gilead Sciences Inc. The DA was subsequently assigned to Gilead and was extended in 2019. While an application to extend the Chess Hatch DA was submitted in 2023, Gilead Sciences, Inc. decided not to pursue the extension and the DA expired in 2024. Since the expiration of the DA and the expiration of the associated Use Permit on September 7, 2024, Gilead has proposed an updated project to meet their needs. The current proposal still includes the phased redevelopment of the site up to 800,000 square feet but amends the allowed use with changes to design and massing. For more details, please see link for history/timeline of the Chess Hatch Site.

ANALYSIS
The proposed Project includes five (5) discretionary actions. The Planning Commission has approved the first two actions pertaining to the Specific Development Plan/Use Permit and the Vesting Tentative Parcel Map. The remaining three (3) actions require City Council approval and are discussed in detail below.

1. ENVIRONMENTAL ASSESSMENT (EA2025-0001) (Attachment 1) Pursuant to CEQA, the Lead Agency (Foster City) must analyze and disclose all potential environmental impacts associated with a project. When a previously certified EIR has been prepared, an addendum can be prepared to build on or “tier” from the previous analysis if it meets CEQA Guidelines Section 15164.

The subject site was previously evaluated in the Chess-Hatch Master Plan EIR (“Certified EIR”) that was certified in November 2009 (State Clearinghouse No. 2008122065). On June 20, 2013, an Initial Study/Addendum (“IS/First Addendum”) for the previously approved Chess Hatch Master Plan EIR was approved by the City Council. The ChessHatch Master Plan EIR analyzed demolition of 190,000 SF of existing buildings and development of 800,000 SF of new office uses (including flexible space for retail and other amenities), for a net new development amount of 610,000 SF. On September 3, 2013, the City Council approved a GDP to allow up to 800,000 SF of office, biotechnology, or

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R&D uses on the Chess-Hatch property via City Ordinance No. 573 (see link for history of EIR and Addendum).

First Addendum (2013)
In 2011, the project proponent proposed changes to the planned configuration of parking on the site, which would have resulted in changes to the building height, massing, and on-site circulation under the approved Master Plan. The new project would have substituted the three multi-story structures evaluated in the Certified EIR with six discrete structures, two of which would be reserved for parking only. The proposed changes would have still occurred within the approved 800,000 SF development envelope for the Master Plan. In 2013, an Initial Study/Addendum (“First Addendum”) to the Chess-Hatch Master Plan EIR was prepared to analyze the environmental impacts of the 2011 project modifications. On June 20, 2013, the City Council approved the First Addendum to the Certified EIR under Resolution No. P-15-13.

Second Addendum (2026)
The environmental consultant, Placeworks, Inc., conducted a project-level analysis in the form of an Initial Study with all applicable technical reports for the proposed Project.

Based on this analysis, it was determined that the proposed Project met the criteria under Section 15164 of the CEQA Guidelines for preparation of an Addendum to a Certified EIR and did not meet the conditions in Section 15162 (calling for preparation of a Supplemental EIR) of the CEQA Guidelines and therefore, an Addendum could be prepared.

Specifically, the Project would have no new or more significant environmental impacts beyond those identified in the certified EIR, would have no new mitigation measures or alternatives which are considerably different from those analyzed in the certified EIR, and would not result in a substantial increase in the magnitude of any significant environmental impact previously identified in the certified EIR. Based on this determination, a second addendum to the Chess-Hatch Master Plan EIR (“Second Addendum”) was prepared.

The Second Addendum analyzes the proposed Project, consisting of development of a new phased R&D campus totaling up to 800,000 SF at buildout in two (2) phases:
• Phase 1: Construction of one (1) two-story R&D building up to 200,000 SF and surface parking lot.
• Phase 2:
o Demolition of the remaining four (4) office and light industrial buildings totaling 67,971 SF; demolition of the surface parking lot constructed in Phase 1.

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o Construction of up to 600,000 SF of R&D use and a multi-story parking structure. A maximum of 800,000 SF of R&D and ancillary uses; remaining square footage from Phase 1 may be utilized under Phase 2.

The Second Addendum also considered other Project components, including a Vesting Tentative Parcel Map to relocate one (1) existing parcel line affecting two (2) Project lots, four (4) onsite generators and TDM Plan.

It shall be noted that Second Addendum analyzed Phase 1 up to 200,000 SF of R&D building, which was further refined and finalized as an approximately 175,000 SF R&D building. This refinement remains within the scope of the Second Addendum.

The Second Addendum, including technical reports and updated MMRP is available on the project website. Along with the application for environmental assessment, the applicant provided several technical reports, including a Transportation Impact Study, a Phase 1 Environmental Site Assessment, and CA Department of Parks and Recreation (DPR) 523 forms. As is the practice in the City with projects subject to CEQA, these technical studies were peer- reviewed by the environmental consultant at the applicant’s expense.

The environmental analysis in the Second Addendum is organized based on Appendix G Checklist of the 2025 CEQA Guidelines and analyzes the full buildout of the Project (Phase 1 and Phase 2).

The Certified EIR identified environmental topics/resources that were identified as less than significant, including agricultural and forestry resources, biological resources, energy, population and housing, mineral resources, public services, recreation, utilities, and wildfire.

Where appropriate, the Second Addendum evaluates new significance criteria using the environmental checklist questions in Appendix G of the 2025 CEQA Guidelines. For instance, as of December 28, 2018, VMT has been considered the appropriate CEQA threshold for addressing transportation impacts rather than traffic congestion under LOS standards. Similarly, significance thresholds may have also been updated for the region.

For example, since the 2009 Certified EIR, the Bay Area Air District’s emissions thresholds have changed from the 2006 Clean Air Plan to the updated 2017 Clean Air Plan.

Findings of the Second Addendum
The Second Addendum’s findings conclude that the proposed Project meets the criteria of CEQA Guidelines Section 15164 and that an addendum to the Certified Chess-Hatch Master Plan EIR is the appropriate CEQA document to address the proposed Project. As analyzed in the Second Addendum, the proposed Project would not result in any new significant environmental effect or result in a substantial increase in the severity of a significant effect identified in the 2009 Certified Chess-Hatch Master Plan EIR.

Furthermore, the conclusions related to the significant environmental effects of the

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proposed Project were identified in the Certified EIR (i.e., Aesthetics, Air Quality, Cultural Resources, Geology and Soils, Greenhouse Gas Emissions, Hazards and Hazardous Materials, Hydrology and Water Quality, Noise, and Transportation) and reiterated in the Second Addendum. The proposed Project does not make any substantial changes that would require major revisions of the Certified Chess-Hatch Master Plan EIR because no new significant environmental effects have been identified and no substantial increase in the severity of previously identified significant effects have been identified. Finally, no new information which was not known and could not have been known with the exercise of reasonable diligence reveals any new significant impacts that would require reevaluation.

At the time the previous EIR was certified as complete, the Chess-Hatch Master Plan EIR indicated that the Project would have one or more significant effects. Those significant effects previously examined in the Second Addendum were determined not to be substantially more severe than shown in the previous EIR, and the mitigation measures in the certified Chess-Hatch Master Plan EIR were found to be feasible for the proposed Project. Only minor text additions/clarifications are necessary for the previously adopted mitigation measures in the certified Chess-Hatch Master Plan EIR and do not constitute a substantial change.

Staff Comments: Based on environmental analysis, the proposed Project meets the criteria for the preparation of an addendum under CEQA Guidelines 15164 and no conditions under CEQA Guidelines Section 15162 calling for the preparation of a subsequent EIR have occurred; therefore, an addendum is the appropriate level of CEQA review for the Project. Staff recommends City Council approve the Second Addendum to the Chess-Hatch Master Plan EIR and First Addendum thereto.

In addition to environmental analysis for the purposes of CEQA, the proposed Project’s environmental assessment also included a consistency analysis with General Plan policies that support the goals and vision for the City, including LOS of the public roads and a fiscal impact analysis. This analysis is outside of the requirements of CEQA, but still important and necessary to review when a project is proposed.

2. GDP AMENDMENT/REZONING (RZ2025-0005) (Attachment 2)
The subject site is zoned C-M/PD Commercial Mix District/Planned Development Combining District. Per FCMC Chapter 17.28, the C-M District shall be used only in conjunction with the combining zone PD (Planned Development). The PD Combining District for the subject site is under Chess Hatch GDP, which was approved via Ordinance No. 573.

General Plan Consistency

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The subject site is designated Chess/Hatch Office Research on the Land Use Map of the General Plan (Land Use and Circulation Element), which is intended for office, industrial and biotechnology uses. Specifically:
“Areas with this designation allow commercial, office, industrial, biotechnology and other such compatible uses, including vehicle parking in both parking structures and at-grade parking lots on the project site. Incompatible uses such as housing, schools, day care, and other uses serving primarily children are prohibited. Vertically and horizontally mixed-use developments that maximize the use of land, organize land uses and pedestrian/vehicular circulation in a safe, logical and functional manner and establish a safe, logical and functional design relationship with adjacent land uses is allowed within this designation.

Uses must meet the requirements of Chapter 17.68, General Performance Standards, of Title 17, of the Foster City Municipal Code. FARs for developments in this area would range from 0.6 to 1.55 FAR.”
As noted in the Land Use and Circulation Element:
“In 2009, a General Plan Amendment for properties in the Chess Drive/Hatch Drive area adjacent to SR 92 was approved for a portion of this area to allow redevelopment of the older industrial buildings to an office campus. A new Land Use Plan designation of Chess/Hatch Office Research was applied. A Rezoning/General Development Plan for up to 800,000 square feet of office, biotechnology or research and development use was approved in 2013 and a Specific Development Plan/Use Permit for Phase 1 consisting of up to 600,000 square feet was approved in 2014.”
Staff Comments: The applicant is requesting to remove office use from the allowable uses in the GDP. The Project would consist of R&D uses and ancillary uses consistent with the land use designation and does not include any prohibited sensitive uses.

The Project’s proposed Floor Area Ratio (FAR) of approximately 1.55 is consistent with the Chess/Hatch Research Office designation.

Furthermore, the Project is consistent with the multiple goals and policies contained in the Land Use and Circulation Element of the City’s General Plan as detailed out in Attachment 6. Staff has highlighted two (2) key policies that are relevant. a. Traffic Level Service Standards (LUC-F-1) Policy
The proposed Project was evaluated for consistency with the City’s General Plan Land Use and Circulation Element, including Policy LUC-F, which establishes LOS standards for intersections within the City. LOS is a qualitative measure of intersection performance, ranging from LOS A (free-flow conditions with minimal delay) to LOS F (oversaturated conditions with significant delay and queuing).

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The applicant submitted a Transportation Impact Analysis (TIA) prepared by Kimley-Horn to identify potential impacts associated with the Project for both Phase 1 and full buildout of the Project based on standards and methodologies established by Foster City and by the State of California Governor’s Office of Land Use and Climate Innovation (formerly the Office of Planning and Research) .

The TIA included evaluations of traffic operational conditions during the AM and PM peak hours for six (6) study intersections (see Table 1 for the location of the intersections). The study found that all studied intersections currently operate at LOS D or better, with the exception of the Foster City Boulevard / Chess Drive intersection, which operates at LOS E during the PM peak period. This condition is consistent with General Plan Policy LUCF, which anticipates and accepts LOS E or F operations at this location due to its function as a primary freeway access point.

Table 1: Existing Conditions Intersection LOS
# Intersection LOS
Criteria
Existing
AM Peak PM Peak
LOS Delay
(sec)
LOS Delay
(sec)
1 Foster City Boulevard / Vintage Park
Drive - Chess Drive
F B 16.9 B 18.9
2 Vintage Park Drive / Chess Drive F B 17.4 C 24.4
3 HWY 92 WB Ramps / Chess Drive F C 29.7 D 45.6
4 Foster City Boulevard / Chess Drive F C 24.9 E 57.6
5 HWY 92 EB Ramps / Metro Center D C 24.9 D 42.5
6 Foster City Boulevard / Metro Center
Boulevard
F D 47.2 D 49.2
Notes:
*The average control delay is reported for signalized intersections.

Source: Kimley-Horn Technical Memorandum, March 2026
It shall be noted that TIA was peer reviewed by Fehr & Peers (City’s consultant) to confirm key assumptions and modeling parameters.

The TIA concluded that traffic operations under Existing Conditions Plus Phase 1, Existing Plus Full Buildout (Proposed), and Cumulative Plus Buildout, would not result in any Project deficiency and no improvements would be necessary with signal timing modifications.

Phase 1 of the proposed Project would result in an increase in peak-hour delay of approximately eight (8) seconds at both the SR 92 Westbound Ramps / Chess Drive and Foster City Boulevard/Chess Drive intersections during the PM peak period. This increase does not result in a change in LOS letter grade at either intersection.

The TIA also evaluated several Phase 2 operational scenarios to illustrate how the intersection system would perform under different timing and background conditions. To

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provide a simple reference point for decision-makers, staff requested a sensitivity case showing existing conditions plus full buildout to model the Project as if it were fully constructed today. This scenario shows a 37-second increase in delay at Foster City Boulevard/Chess Drive (PM peak) and a 23-second increase in delay at HWY-92/Chess Drive (PM peak) relative to existing operations. However, this scenario is speculative at this point because Phase 2 is not being constructed at the same time as Phase 1.

Staff Comments: While the City does not apply a formal numeric delay threshold as part of its adopted standards, staff has historically used a planning-level guideline of approximately four (4) seconds of additional delay at intersections operating at LOS D or worse as an indicator for further evaluation and potential mitigation.

For Phase 1, to address the Project-related delay, staff recommended signal timing modifications at both intersections. With implementation of these improvements, the modeled delay is reduced to approximately three (3) seconds. This reduction is within acceptable operational variation and is not anticipated to result in measurable degradation of intersection performance. The signal modifications are necessary to address this Project-related delay and conditions of approval for Phase 1 were included as part of the approved Use Permit.

Future Phase 2, development will require a subsequent TIA at the time of the Use Permit application. The scope of that analysis may be refined by the Public Works Director/City Engineer based on project size, trip generation, and prevailing traffic conditions at the time of entitlement review. The analysis will evaluate whether additional operational or physical improvements are required to ensure consistency with General Plan Policy LUCF-1. b. Provide for Economic Development (LUC-I) Policy
To evaluate the proposed Project’s conformance with the Economic Development policy, staff initiated a Fiscal Impact Analysis (FIA) (Attachment 5) to better understand the proposed Project’s effect on the City’s tax base, service costs and long-term fiscal sustainability.

The FIA scope of work included analysis of the Phase 1 buildout and the full Project buildout in terms of projected annual General Fund revenue, projected annual General Fund service costs, net fiscal impact to the City, one-time revenues or costs, and total 10- year impacts. The key findings are presented below:
• Expenditure:
o Public Safety costs represent the largest share of the City’s anticipated additional General Fund expenditures associated with the proposed Project. At full buildout, the proposed Project is estimated to cost $331,000 in annual General Fund expenditures, including approximately $124,000 for Police Services, approximately $76,000 for fire services and other City service costs.

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• Revenue/Net General Fund Benefit:
o At full buildout, the proposed Project is estimated to generate about $2.4 million in annual General Fund revenues (including property tax, VLF, permits, rentals etc.). After accounting for $331,000 in projected city service costs, the Project would result in an estimated $2.1 million at full buildout. (Note: the existing site’s estimated net contribution is approximately $357,000.). Full breakdown for the two phases is shown in the table below.

Table 2: Summary of Fiscal Impact Estimates
Estimated General
Fund Revenues
and Expenditures
Annual General
Fund Revenues
Annual General
Fund
Expenditures
Annual Net Impact
on General Fund
Existing Site $357,000 $0 $357,000
Phase I Buildout
Proposed $717,000 ($61,000) $656,000
Net of Existing1 $359,000 ($61,000) $298,000
Phase II Buildout
Proposed $2,402,000 ($331,000) $2,071,000
Net of Existing1 $2,044,000 ($331,000) $1,713,000
10 Years Post-Buildout (2026$)
Proposed $2,204,000 ($346,000) $1,859,000
Net of Existing1 $1,877,000 ($346,000) $1,532,000
*values shown are rounded to nearest thousand - values may not sum due to [1] Net of Existing values subtract Existing Site values from Proposed values.

Source: Economic & Planning Systems
• One-time Impact Fees:
o The FIA estimates that the proposed Project would generate approximately $21.9 million in one-time impact fee revenue at full buildout. o As the applicant will build Phase 1 right away, staff estimates that the City will receive and estimated $1.85 million based on net new SF (Note: Similar to Environmental Assessment, FIA assumed 200,000 SF for Phase 1). Full breakdown is available in the table below.

Table 3: Estimated One-Time Impact Fees
Item Fee Rate1 Phase I
Only
Phase II Only Overall Total
Existing Developed
Square Feet
123,536 67,971 191,507
Square Feet (Sq. Ft.) of
New Development2
200,000 600,000 800,000
Net New Square Feet 76,464 532,029 608,493
Affordable Housing
Commercial Linkage Fee
$30.78/Net New
Sq. Ft.
$2,353,562 $16,375,853 $18,729,415
Parks Facilities Impact
Fee
$3.60/Net New
Sq. Ft.
$275,270 $1,915,304 $2,190,575
Public Safety Impact Fee $0.38/Net New
Sq. Ft.
$29,056 $202,171 $231,227
Transportation Impact
Fee
$1.22/Net New
Sq. Ft.
$93,286 $649,075 $742,361
Total Impact Fees $2,751,175* $19,142,403 $21,893,578

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[1] City of Foster City/Estero Municipal Improvement District Master Fees & Service Charges Schedule Fiscal Year 2025-26 for industrial uses; Linkage Fee schedule specifies R&D uses are treated as industrial for purposes of fee administration so that assumption is utilized for all impact fee categories listed here.
[2] It is assumed that the Project will be built to its fully-entitled Phase I amount (200,000 square feet). The Developer's current plans.
*$1.85 million estimate is if accounting for actual proposed square footage of UP2025-0012 of about 175,000 SF.

Source: City of Foster City/Estero Municipal Improvement District Master Fees & Service Charges Schedule Fiscal Year 2025-26; Economic & Planning Systems • One-time Construction Sales Tax Revenue:
o FIA estimates that proposed Project would also generate approximately $1.7 million in one-time construction sales tax at full buildout, including approximately $408,000 during Phase 1 and approximately $1.3 million during phase 2, subject to final construction details and applicable sales tax at the time.

Staff Comments: As outlined in the key findings, the proposed Project under Phase 1 and Phase 2 is anticipated to generate more revenue for the City than the existing use. Staff finds that the proposed Project would support the City’s economic development objectives and contribute to long-term fiscal sustainability.

Foster City Municipal Code/Zoning Consistency
The subject Project site is zoned C-M/PD Commercial Mix District/Planned Development Combining District. The C-M District is regulated by FCMC Chapter 17.28 and uses permitted within the C-M District are only those specified within the use permit required in connection with such district. Per FCMC Section 17.36.010, a PD, or Planned Development Combining District, is intended to accommodate a range of development types while offering flexibility by allowing tailoring of City standards to specific uses.

As discussed above, the GDP for the subject site was approved via Ordinance No. 573 for the previous 2009 Chess Hatch Master Plan with specific exhibits and included the following language:
“The City of Foster City Zoning Map is hereby amended to reclassify the +/- 11.9- acre land bounded by Chess Drive, Foster City Boulevard, and State Route 92 (APNs: 094-010-100, -500, -510) to change the Zoning designation from M-1/PD (Light Industrial/Planned Development) to C-M/PD (Commercial Mix/Planned Development) with a General Development Plan to allow up to 800,000 square feet of office, biotechnology, or research and development uses and parking structures and at-grade parking lots; accessory uses, such as commercial, industrial or light assembly uses which are incidental or supportive to the primary office, biotechnology or research and development uses; or other uses which, in the opinion of the planning director, are similar to and no more offensive than the

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above-listed uses; with up to 5,000 sq. ft. of the total Project square footage to be used for retail, restaurant or other business-supporting ancillary commercial amenities; except that the following uses are excluded: housing, schools, day care, and other uses primarily serving children.”
Pursuant to FCMC Section 17.36.100, changes in the development plan shall be considered the same as changes in the zoning map, and shall be made in accordance with the procedures set forth in Chapter 17.74, except that for amendment of general development plans including residential uses, the amended general plan shall be adopted by resolution of the city council and shall not require changes in the zoning map. Changes in the specific development plan shall be considered the same as changes to the use permit and shall be made in accordance with the procedures set forth in Chapter 17.06.

Staff Comments: The approved GDP was established to support up to 800,000 SF of office, biotechnology and R&D uses with the associated Chess-Hatch Master Plan Project. The applicant is requesting to remove office use from the allowable uses, but the total developable square footage (i.e., 800,000 square feet) will remain unchanged. The Project will need approval of an amendment to the Foster City Zoning Map to modify the previously approved GDP removing office as a primary use and updating associated exhibits to facilitate the proposed Gilead Campus Expansion Project. Staff finds the proposed GDP amendment remains consistent with the current GDP for the site, is limited in scope as it is only removing office use from list of uses, maintains the previously approved development intensity of 800,000 SF and updates the GDP exhibits to align with the proposed Project.

A new Use Permit/Specific Development Plan is associated with the updated Project and was approved by Planning Commission on May 21, 2026, contingent upon Council approval of the GDP.

C-M/PD Development Standards
The proposed Project includes the following requested (proposed) development standards for the subject 11-87-acre site:

Table 4: Site Development Standards
Site Development Standards
Front Setback along Chess Drive 30 feet
Setback along Foster City Blvd 20 feet
Setback along HWY 92 20 feet
Setback along City lagoon 20 feet
Side Setback for Parcel 3 (North of the
site)
20 feet
Max Height 190 Feet

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Staff Comments: The CM-PD District allows flexibility to accommodate a range of development types. The proposed Project is requesting to use the above standards to support the specific R&D use. Based on staff’s review of the overall Project, including the proposed development setbacks and height, the Project would be consistent with C-M/PD and compatible with the associated GDP. Upon approval, these requested standards would become the applicable standards for any development on the site.

Parking Analysis
FCMC Section 17.62.060.B.5.c requires 1 space per 300 SF for R&D uses; however, FCMC Section 17.36.060.B.D.2.d allows Planning Commission to accept a deviation from the total number of required off-street parking spaces subject to parking analysis and TDM plan.

The applicant is proposing a reduced parking ratio of 1.2 spaces/1000 SF (or 1 space/833 SF) for the proposed Project and has provided a parking study and a TDM plan to support a further 15% parking reduction, as discussed below.

TDM Plan (Exhibit D of Attachment 2):
• Because the proposed Project is an (off-site) expansion of the integrated Gilead campus, the proposed TDM would be similar to the existing TDM plan prepared for the Gilead Sciences Integrated Corporate Campus Master Plan. Through the Project’s TDM, all Gilead employees, similar to the main campus TDM, would be provided amenities and incentives that help to reduce single-occupancy vehicle trips. Per the required annual reporting, the existing TDM for the main campus maintains a 23.3% reduction in single-occupancy vehicle trips. As Gilead employees, employees of the Project will have access to the multitude of amenities provided at the new Chess Hatch campus and throughout the Gilead Sciences Campus, for example: on-site secure bicycle storage, shower, lockers and changing rooms; commuter shuttle drop off/pick-up at 1149 Chess Drive (300 feet from Project site); the guaranteed ride home program; commuter subsidy program, and others as listed in the TDM Plan.

Parking Study (Attachment 4):

The applicant submitted a parking study (Attachment 4), prepared by Kimley Horn, licensed transportation professionals, to request deviation from the minimum Coderequired parking. The study is based on observed utilization data from Gilead’s main campus - specifically a comparable lab-based campus (South Campus) - that demonstrates that the actual peak parking demand is substantially lower than the parking requirement under FCMC Section 17.62.060.B.5.c. (see Table 5). The proposed reduced parking ratio, as stated in the parking study, has been applied to the integrated main

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Gilead campus and therefore has additional documentable rationale for how/why the specific ratio requested has been successfully used.

Table 5: Parking Comparison, South Campus with Proposed Project Maximum
Observed
Maximum Observed
(Adjusted for Building Occupancy)1
Foster City
Municipal Code
Requirements
Gilead Integrated
Campus Master Plan
Rates
Foster City
Municipal Code
Requirements
Gilead Integrated
Campus Master Plan
Rates
Required Spaces 4,707 1,456 4,707 1,456
Occupied Spaces 1,338 1,430
Surplus (+) /
Deficient (-)
Parking Spaces
+3,369 +118 +3,277 +26
Percent
Occupancy
28% 92% 30% 98%
1 The number of occupied spaces for buildings with less than 80% building occupancy were adjusted upward to reflect Gilead’s current space planning standard for fully occupied building (80% or greater).

Source: Kimley-Horn Parking Study, April 2025
Similar to the TDM Plan for the integrated main campus, the Gilead Campus Expansion TDM Plan reflects the amenities available to employees to reduce single-occupancy vehicle trips and supports an additional 15% parking reduction. The proposed parking ratio also utilizes an 85% efficiency rate (or gross leasable area pursuant to FCMC Section 17.62.040).

With the integration of the TDM Plan, the Project parking would be as follows:

Table 6: Proposed Parking
Total Size
Building Use
85% Efficiency
Gilead Integrated
Campus Master Plan
Rates
Size Unit Size Unit
Requirement
(spaces per
1,000 SF)
Parking
Spaces
Required
800,000 square
feet
Laboratory 680,000 square
feet

1.2 816
TDM Reduction (15%) -122
Total Minimum Required Spaces 694
Source: Kimley-Horn Parking Study, April 2025
Parking for Phase 1 of the Project addresses both near-term parking for the New Chess Facility (NCF) and continued support for existing buildings to remain on-site. It also outlines flexibility to expand surface parking in the future, as needed, based on ongoing

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monitoring of actual parking demand. Proposed parking for Phase 1 of the Project includes 208 spaces on ’Day 1’ of the Project with 152 specifically designated for the NCF Building and up to 285 vehicle parking stalls on ‘Day 2’ or completion of Phase 1, if warranted by operational demand.

Staff Comments: The proposed Project has provided the required parking study pursuant to FCMC Section 17.36.060 demonstrating how and why the proposed parking ratio of

1.2 spaces per 1,000 SF would work with the proposed Project. The applicant submitted a TDM Plan employing all of the amenities and incentives proven to reduce singleoccupancy vehicle trips to the campus and requested a further 15% parking reduction.

The parking analysis includes a parking demand study that demonstrates that the demand for the proposed use is less than the minimum off-street parking otherwise required per the Code as indicated by collecting parking data from a similar campus (South Campus) at the main Gilead campus. Staff would like to note that parking demand will continue to be monitored through the implementation of the TDM Plan.

3. PARKING AGREEMENT (Attachment 3)
Pursuant to FCMC Section 17.62.060.D.3, where a TDM Plan is used to support a reduction in required parking, a written agreement between the landowner and the City is required to ensure implementation, monitoring and continued compliance. The agreement is subject to the Planning Commission and City Council approval.

Staff Comments: Staff recommends approval of the associated parking agreement to ensure implementation of the TDM measures, annual reporting, and continued compliance. A similar parking agreement was approved was approved for the Gilead Sciences Integrated Corporate Campus Master Plan in 2013/2014 through Resolution No. 2013-82 for the implementation of reduced parking (also 1.2 spaces per 1,000 square feet of lab space).

PLANNING COMMISSION ACTION ITEMS (MAY 21, 2026)
Use Permit (UP2025-0012)
The Specific Development Plan/Use Permit (UP2025-0012) was approved by Planning Commission on May 21, 2026, via Resolution P-08-26. The Use Permit approval, however, is contingent on the approval of the GDP Amendment.

A Specific Development Plan/Use Permit is required to be consistent with the General Development Plan, as outlined above, and must include the enumerated components in Section 17.36.050.B, including a Site Plan showing vehicular/pedestrian/bicycle circulation, parking areas and proposed parking ratio, landscaped areas, placement of all proposed buildings and structures, building setbacks, elevations, and materials and colors. It must also be determined that the proposed use would not be detrimental to the

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health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood.

Figure 4: NCF building façade; Source: Chess-Hatch Use Permit plan set.

Staff Comments: The Use Permit application was filed with the City on June 24, 2025.

The proposed R&D use would not be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood because it would be developed consistent with the applicable development and performance standards in the Zoning Ordinance (Title 17), is in conformance with the Chess-Hatch Design Principles, is consistent with the applicable General Plan policies, and was required to adhere to the City’s environmental assessment process for discretionary projects, including analysis pursuant to CEQA; applicable conditions of approval have been attached to the Use Permit for compliance.

Vesting Tentative Parcel Map (RS2025-0002)
The Vesting Tentative Parcel Map was approved by the Planning Commission May 21, 2026, via Resolution P-09-26. The Project’s Vesting Tentative Parcel Map involves relocating one (1) existing parcel (Parcel 2) line, thereby increasing the area of Parcel 2 from 4.988 acres to 5.329 acres and adjusting Parcel 3 from 2.900 to 2.559 acres, and documenting disposition of existing and created easements (i.e., private ingress/egress and parking easement and public utility easement) to facilitate the proposed Project.

Pursuant to FCMC Section 16.32.010, tentative and final parcel maps, as set out in the Subdivision Map Act, shall be prepared and filed with the planning commission together with the filing fee specified in Section 16.20.030.

Staff Comments: The vesting tentative parcel map titled “1155, 1165, 1185 Chess Drive Vesting Tentative Parcel Map” was prepared by BKF Engineers and reviewed by City staff and a consultant Land Surveyor. The Vesting Parcel Map includes all of the required information (i.e., accompanying data and statements) pursuant to FCMC Sections

16.32.020 and 16.32.030. The Tentative Map plan set also includes a survey prepared pursuant to the criteria in FCMC Chapter 16.12 and improvements shall conform to the

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requirements in Chapter 16.40.0. Relatedly, the subject Project required the preparation of a Utility Impact Study which included a capacity analysis and identified certain improvements to be constructed and implemented to ensure there are no deficiencies associated with the proposed subdivision and ultimately, the project; the improvements are included as Project conditions of approval. Furthermore, the map is consistent with the Subdivision Map Act in that it is a parcel map reconfiguring four or fewer parcels (project includes reconfiguring two of three parcels) and has been reviewed and approved by the Public Works Department for conformance with Title 16 (Subdivisions). Per FCMC Section 16.32.050, the final parcel map consistent with the approved tentative parcel map shall be prepared and presented to the Planning Commission. As such, the applicant would be required to prepare the final parcel map within the term allowed and satisfy the conditions of approval associated with the tentative map, before the City Engineer can present it to Planning Commission.

OTHER NOTABLE PROJECT HIGHLIGHTS
• Gateway landscape area and public-facing amenity: On the corner of Chess Drive and Foster City Boulevard, the Project would include a publicly accessible open space, including signage and other interactive amenities , including landscaping and outdoor seating, that connect the public realm with open space. Refer to Condition No. 9 of Attachment 2, Exhibit C. This would reinforce the site, enhance the pedestrian experience and provide a more defined gateway presence at the corner. • Activation of Foster City Lagoon: The Project would incorporate an activated lagoon edge along the Foster City Lagoon through enhanced landscaping and site design, including a pathway or other similar usable outdoor area to be utilized by Gilead employees. This may include a pathway or other similar usable outdoor area to be utilized by Gilead employees. Final design shall be subject to the review and approval of the Community Development Director. Refer to Condition No. 13 of Attachment 2, Exhibit C.
• Garage Screening: The proposed Phase 2 includes a multi-story parking structure that would be visible from SR 92 and Foster City Blvd. The applicant would incorporate architectural screening into the design of the structure. Refer to Condition No. 11 of Attachment 2, Exhibit C.

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Figure 5: Gilead Campus Expansion View from corner of Chess Dr and Foster City Blvd. Phase I is the middle building, highlighted in the box in image above. Source: Gilead Plan Set • LOS and Public Improvements: The proposed Project is required to conduct a subsequent Traffic Impact Analysis for Phase 2 utilizing LOS and ensuring the Project does not incur an additional 4 second delay or greater at any of the six (6) identified intersections. If a 4 second delay or greater is identified, physical improvements to the intersections may be necessary to minimize intersection delays caused by the Project. Any improvements, if needed, would be the responsibility of the applicant to install and in proportion to the Project's fair share contribution to the delay. However, if Foster City adopts a new Land Use and Circulation Element prior to Phase 2, the project will be subject to the requirements of the new Element.

CALIFORNIA ENVIRONMENTAL QUALITY ACT
A Second Addendum and associated Mitigation Monitoring and Reporting Program (MMRP) to the Chess-Hatch Master Plan Environmental Impact Report (EIR, SCH#2008122065), and addendum thereto has been prepared and subject to Council approval at the June 15th Public Hearing.

FISCAL IMPACT
Should the Council consider approval of the proposed Project, it will generate both one-time revenues as well as ongoing annual revenues as detailed out in the section: Provide for Economic Development (LUC-I) Policy.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Smart Planning, Development, and the Local Economy

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ATTACHMENTS:

Attachment 1 – City Resolution for Second Addendum and MMRP Attachment 2 – Ordinance for General Development Plan Amendment and Exhibits Attachment 3 – City Resolution for Parking Agreement
Attachment 4 – Parking Study
Attachment 5 – Fiscal Impact Analysis
Attachment 6 – General Plan Consistency Analysis
Attachment 7 – Adopted Planning Commission Resolutions

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RESOLUTION NO. _____

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

APPROVE THE SECOND ADDENDUM AND THE MITIGATION MONITORING AND

REPORTING PROGRAM (MMRP) TO THE CHESS-HATCH MASTER PLAN ENVIRONMENTAL IMPACT REPORT (SCH #2008122065), AND ADDENDUM

THERETO, FOR THE PROPOSED GILEAD CAMPUS EXPANSION PROJECT - UP TO 800,000 SQUARE FEET OF RESEARCH AND DEVELOPMENT (R&D) AND ANCILLARY USES, LOCATED IN THE CHESS DRIVE/HATCH DRIVE AREA (APNs:
094-010-500, 094-010-510, 094-010-100) – GILEAD SCIENCES, INC.- EA2025-0001

CITY OF FOSTER CITY
WHEREAS, on November 2, 2009, the City Council certified a Final Environmental Impact Report (EIR) for the Chess-Hatch Master Plan (“Approved Project”) and adopted a Mitigation Monitoring and Reporting Program (MMRP) through Resolution No. 2009-91 for the Project pursuant to the requirements of the California Environmental Quality Act (“CEQA”); and
WHEREAS, in connection with the adopted Resolution No. 2009-91 certifying the EIR and adopting MMRP, the City Council found there are significant unavoidable impacts related to Planning Policy (Impacts PLAN-1 and PLAN-2),Transportation and Circulation (TRANS-1 through TRANS-6), and Noise (NOI-1) impacts and a Statement of Overriding Consideration was adopted through Resolution No. 2009-93 on November 2, 2009; and WHEREAS, modifications to the Approved Project including changes to building height, massing, and on-site circulation were proposed in January 2011; and WHEREAS, the lead agency of Foster City (“City”) prepared an Addendum to the EIR to analyze the potential environmental impacts of the proposed changes to the Approved Project and the Initial Study/Addendum (First Addendum) was completed and adopted in 2013 by Resolution No. P-15-13; and
WHEREAS, on February 14, 2025, Gilead Sciences, Inc. (“Applicant”) submitted a Preliminary Review (PR2025-0003) application for the currently proposed Gilead Campus Expansion project (“Project”) on the subject 11.87-acre property; and WHEREAS, on May 19, 2025, the City Council approved Task Order PLWS-2025- 01 for Placeworks, Inc. to provide environmental review and documentation for the proposed Project; and
WHEREAS, subsequently, the Applicant submitted applications for: (i) an Environmental Assessment (EA2025-0001) to evaluate the potential environmental impacts of a proposed project; (ii) a General Development Plan (GDP) Amendment (RZ2025-0005) to amend the Chess Hatch GDP to remove office as a primary use and allow up to 800,000 SF or biotechnology and Research and Development (R&D) use; (iii) a Use Permit (UP2025-0012) to allow the construction of Phase 1, including an

7.1 Attachment 1 - City Resolution for Second Addendum and MMRP 297
approximately 175,000 SF of R&D building with ancillary uses, and (iv) a Vesting Tentative Parcel Map Application relocating one (1) existing parcel line and documenting disposition of existing and created easements to facilitate the proposed project located at Chess Drive/Hatch Drive area; and
WHEREAS, pursuant to the CEQA, the City prepared an Initial Study (“IS”) to analyze and disclose all potential environmental impacts associated with the Project; and WHEREAS, when a previously certified Environmental Impact Report (EIR) has been prepared, an addendum can be prepared to build on or “tier” from the previous analysis if it meets CEQA Guidelines Section 15164; and WHEREAS, none of the conditions described in Public Resources Code Section 21166 or CEQA Guidelines Section 15162 calling for preparation of a subsequent environmental document have occurred; and
WHEREAS, the IS is a project-level analysis and includes all applicable technical reports for the Project and based on this analysis, it was determined that the Project did not meet the criteria in Section 15162 of the CEQA Guidelines; and WHEREAS, for the above noted reasons, a Second Addendum to the ChessHatch Master Plan Environmental Impact Report (“Second Addendum”) was prepared; and
WHEREAS, where appropriate, the Second Addendum evaluates new significance criteria using the environmental checklist questions in Appendix G of the 2025 CEQA Guidelines; and
WHEREAS, full public involvement in the review of the Project has been ensured through duly noticed Planning Commission Study Sessions, public hearings and other means, including the following:
• On May 19, 2025, the City Council approved Task Order PLWS-2025-01 with Placeworks, Inc. to provide environmental review and documentation (Initial Study) for the Project.
• On June 16, 2025, a Gatekeeper Meeting was held at a City Council hearing to introduce the preliminary Project proposal, review the preliminary transportation study results, provide an overview of the anticipated environmental analysis and required studies, and seek input on the proposed Project and the associated environmental review.
• On December 4, 2025, Planning Commission Study Session #1 to formally introduce the Project and the requested entitlements and to seek public input. • On February 5, 2026, Planning Commission Study Session #2 to respond to questions and comments presented by the Planning Commission on December 4, 2025, Study Session and to review next steps.

7.1 Attachment 1 - City Resolution for Second Addendum and MMRP 298
• On April 23, 2026, Planning Commission Study Session #3 to review and provide input on the Environmental Assessment and Fiscal Impact Analysis prepared for the Project.
• On May 21, 2026, the Planning Commission reviewed and considered the following actions and recommendations: 1) A resolution of the Planning Commission recommending the City Council approve the Second Addendum to the Chess-Hatch Master Plan Environmental Impact Report (EIR, SCH#2008122065), and addenda thereto, with the proposed Gilead Campus Expansion Master Plan Project - up to 800,000 square feet (SF) of research and development (R&D) and ancillary uses, located in the Chess Drive/Hatch Drive area (EA2025-0001), 2) a resolution of the Planning Commission approving a Specific Development Plan/Use Permit to allow the construction of Phase 1 of the proposed Gilead Campus Expansion Master Plan Project, including an approximately 175,000 SF research and development building (‘New Chess Facility/B1165 Building’) with ancillary uses, located in the Chess Drive/Hatch Drive area, 3) a resolution of the Planning Commission recommending the City Council approve an ordinance amending the Foster City Zoning Map to modify the previously approved General Development Plan (GDP) for an approximately

11.87-acre land known as Chess Hatch Master Plan located at 1155-1159, 1161- 1169, and 1175-1191 Chess Drive in the C-M/PD (Commercial Mix/Planned Development Combining) District with an amended GDP removing office as a primary use and updating associated exhibits to facilitate the proposed Gilead Campus Expansion Project (RZ2025-0005); and 4) a resolution of the Planning Commission approving a Vesting Tentative Map relocating one (1) existing parcel line and documenting disposition of existing and created easements to facilitate the proposed Gilead Campus Expansion Project located at Chess Drive/Hatch Drive area (RS2025-0002)
WHEREAS, a Notice of Public Hearing was duly published on June 3, 2026, in the Foster City Islander for consideration of the Second Addendum at the City Council meeting of June 14, 2026; and on said date the Public Hearing was opened, held and closed; and
WHEREAS, copies of the Second Addendum, EIR, and other documents and materials which constitute the record of the proceedings upon which this decision is based are available on the project webpage and from the custodian of these records, the Community Development Department, at City Hall, 610 Foster City Boulevard, Foster City; and
WHEREAS, the City of Foster City Planning Commission considered the proposed Project, all of the written correspondence, verbal testimony, staff reports, and background reports prepared, and the information contained in the EIR on the Project; and WHEREAS, the Planning Commission, by adoption of Resolution No. P-06,26, recommended that the City Council approve the Second Addendum to the EIR, and

7.1 Attachment 1 - City Resolution for Second Addendum and MMRP 299
addendum thereto, and adopt the mitigation monitoring and reporting program (“MMRP”); and
WHEREAS, a lead agency must adopt a MMRP for changes to a project that it adopts or makes a condition of project approval in order to ensure compliance with the measures during project implementation; and
WHEREAS, the MMRP set forth in the attached Exhibit A, which is incorporated herein by reference, accurately reflects the mitigation measures contained in the EIR and addendum thereto; and
WHEREAS, in connection with the proposed Project and the City Council’s review of Second Addendum, the City Council has independently reviewed all of the CEQA documents in the record and has exercised its independent judgment in making the findings and determinations set forth herein.

NOW, THEREFORE, BE IT RESOLVED that the City Council, based on the facts and analysis in the Staff Report, written and oral testimony, and other evidence on the record of proceedings, recommends that the City Council finds as follows:

1. That Second Addendum attached hereto and hereinafter incorporated by reference was prepared in compliance with the requirements of the CEQA Guidelines, and

2. That, based upon the evidence submitted and as demonstrated by the analysis included in Second Addendum, none of the conditions described in Sections 15162 or 15164 of the CEQA Guidelines calling for the preparation for a subsequent or supplemental EIR or negative declaration have occurred, specifically:
a. No substantial changes have been made to the Project that require major revisions to the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified impacts; and
b. No substantial changes with respect to the circumstances under which the Project will be undertaken that require major revisions to the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified impacts; and c. No new information received by the City of significance importance which was not known previously and could not, with the exercise of reasonable due diligence now or at the time the EIR was certified, been known that would show that: (a) the Project will have one or more significant effects not discussed in the EIR; (b) that significant effects previously examined will be substantially more severe than as shown in the EIR; (c) that mitigation measures or alternatives previously found not to be feasible would, in fact, be feasible and would substantially reduce one or more significant effects of the Project, but the project proponent

7.1 Attachment 1 - City Resolution for Second Addendum and MMRP 300
declines to adopt them; or (d) that mitigation measures or alternatives which are considerably different from those analyzed in the EIR would substantially reduce one or more significant effects on the environment, but the project proponent declines to adopt them; and

3. The Second Addendum has been completed in accordance with CEQA Guidelines section 15164. The Second Addendum and the updated MMRP reflect the minor technical changes or additions consistent with CEQA; and Guidelines and the City of Foster City Environmental Review Guidelines; and

4. The Second Addendum adequately describes the environmental impacts of the proposed project; and

5. The Second Addendum reflects the independent judgment of the City.

BE IT FURTHER RESOLVED that, pursuant to the above findings, the previously approved CEQA documents including the EIR and the previously approved First Addendum, together with this Second Addendum and MMRP and finds that it is adequate to serve as the required environmental documentation pursuant to CEQA and the CEQA Guidelines for the purposes of analysis and consideration of the Project.

PASSED AND ADOPTED by the City Council of the City of Foster City at a Regular Meeting thereof held on June 15, 2026, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________________

ART KIESEL, MAYOR
ATTEST:
______________________________

PRISCILLA SCHAUS, CITY CLERK

7.1 Attachment 1 - City Resolution for Second Addendum and MMRP 301

EXHIBIT A

MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) OF THE SECOND

ADDENDUM
TO
CHESS-HATCH MASTER PLAN ENVIRONMENTAL IMPACT REPORT (SCH #: 2008122065) FOR

GILEAD CAMPUS EXPANSION MASTER PLAN PROJECT

7.1 Attachment 1 - City Resolution for Second Addendum and MMRP 302
Mitigation Monitoring and Reporting Program
Environmental
Impact Mitigation Measures
Implementation
Procedure
Agency Responsible
for Implementation/
Monitoring Action
Implementation
Timing
Date
Completed/
Signature

AESTHETICS
VIS-1: The
proposed
project would
create
additional
sources of day
and nighttime
light and glare
in Foster City.

VIS-1a: The specific reflective properties
of project building materials shall be
assessed by the City during Design
Review prior to approval of each Specific
Development Plan/Use Permit for the
proposed project. Design review shall
ensure that the use of reflective exterior
materials is minimized and that proposed
reflective material would not create a
substantial source of glare that would
adversely affect day or nighttime views in
the area.

The project
applicant shall
provide the City of
Foster City
Community
Development
Department with a
list of exterior
project building
materials.

The Foster City
Community
Development
Department shall
review the specific
reflective properties of
project building
materials during the
Design Review
process to ensure that
additional day and
nighttime glare is
minimized.

Prior to approval
of the Phase
One and Phase
Two Specific
Development
Plan/Use Permit
Date:

Signature:

VIS-1b: Specific lighting proposals shall
be submitted for each new building on the
project site and shall be assessed by the
City as part of Design Review prior to
approval of each Specific Development
Plan/Use Permit for the proposed project.

This review shall ensure that any outdoor
night lighting for the project is downward
facing and shielded so as not to create
substantial light or glare that would
adversely affect nighttime views in the
area and that lighting conforms to the
performance standards established by
Section 17.68.080 of the Zoning Code.

The project
applicant shall
provide the
Community
Development
Department with
specific lighting
proposals that
include the
specifications,
height and
placement, and
design of
proposed exterior
lighting fixtures.

The Foster City
Community
Development
Department shall
review and approve
the specific lighting
proposals as part of
the Specific
Development Plan for
each new building on
the project site to
ensure that additional
nighttime glare is not
created and that
required performance
standards are met.

Prior to the
issuance of a
building permit
Date:

Signature:

7.1 Attachment 1 - City Resolution for Second Addendum and MMRP 303
Mitigation Monitoring and Reporting Program
Environmental
Impact Mitigation Measures
Implementation
Procedure
Agency Responsible
for Implementation/
Monitoring Action
Implementation
Timing
Date
Completed/
Signature

AIR QUALITY
AIR-1:

Construction
period activities
could
generate
significant
fugitive dust,
exhaust, and
organic
emissions.

AIR-1a: The construction contractor(s)
shall implement the following measures
to control construction dust emissions.

Implementation of the measures
recommended by the Bay Area Air District
(Air District) and listed below would
reduce the air quality impacts associated
with grading and new construction to a
less than-significant level. Analysis by the
Air District indicates that implementation
of these measures would reduce
particulate matter construction impacts
by 90 percent. Measures to reduce diesel
particulate matter and PM2.5 from
construction (measures that would
reduce PM10 would also reduce PM2.5
since PM10, by definition, includes PM2.5)
are also required to ensure that shortterm health impacts to nearby sensitive receptors would be avoided.
 Water all active construction areas at
least twice daily and more often
during windy periods. Active areas
adjacent to residences shall be kept
damp at all times or shall be treated
with non-toxic stabilizers to control
dust.
 Cover all hauling trucks or maintain at
least 2 feet of freeboard.

The project
applicant shall
ensure that the
construction
contractor fully
implements all air
quality dust
control measures
as required by the
Air District and
Mitigation
Measure AIR-1a.

The Foster City,
Community
Development
Department, Building
Division shall conduct
periodic site
inspections
throughout the
construction period to
ensure that
construction period
air pollution control
measures are being
implemented on the
site.

Throughout the
construction
period.

Date:

Signature:

7.1 Attachment 1 - City Resolution for Second Addendum and MMRP 304
Mitigation Monitoring and Reporting Program
Environmental
Impact Mitigation Measures
Implementation
Procedure
Agency Responsible
for Implementation/
Monitoring Action
Implementation
Timing
Date
Completed/
Signature
 Pave, apply water at least twice daily,
or apply non-toxic soil stabilizers on
all unpaved access roads, parking
areas, and staging areas.
 Sweep daily (with water sweepers) all
paved access roads, parking areas,
and staging areas and sweep streets
daily (with water sweepers) if visible
soil material is deposited onto the
adjacent roads.
 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.
 Water trucks shall be present and in
use at the construction site.
 Watering public streets shall not
occur.
 Hydroseed or apply non-toxic soil
stabilizers to inactive construction
areas (i.e., previously graded areas
that are inactive for 10 days or more).
 Enclose, cover, water twice daily, or
apply non-toxic soil binders to
exposed stockpiles.
 Limit traffic speeds on any unpaved
roads to 15 mph.

7.1 Attachment 1 - City Resolution for Second Addendum and MMRP 305
Mitigation Monitoring and Reporting Program
Environmental
Impact Mitigation Measures
Implementation
Procedure
Agency Responsible
for Implementation/
Monitoring Action
Implementation
Timing
Date
Completed/
Signature
 Replant vegetation in disturbed areas
as quickly as possible.
 Suspend construction activities that
cause visible dust plumes to extend
beyond the construction site.
 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.

AIR-1b: The construction contractor(s)
shall implement the following measures
to control construction diesel exhaust
emissions:
 Diesel equipment standing idle for
more than 5 minutes shall be turned
off. This would include trucks waiting
to deliver or receive soil, aggregate, or
other bulk materials. Rotating drum
concrete trucks may keep their
engines running continuously as long
as they are onsite.
 Properly tune and maintain
equipment to reduce emissions.
 Avoid staging equipment within 100
feet of active land uses.

The project
applicant shall
ensure a
construction
operations plan is
prepared and that
the construction
contractor fully
implements all
diesel exhaust
control measures
listed in Mitigation
Measure AIR-1b.

Throughout the
construction
period.

Date:

Signature:

7.1 Attachment 1 - City Resolution for Second Addendum and MMRP 306
Mitigation Monitoring and Reporting Program
Environmental
Impact Mitigation Measures
Implementation
Procedure
Agency Responsible
for Implementation/
Monitoring Action
Implementation
Timing
Date
Completed/
Signature
Mitigation Measure AIR-1c: Prior to the
issuance of any grading or building
permits (whichever occurs earliest), the
project applicant shall prepare and
submit a construction operations plan
that includes specifications of the
equipment and methods of air pollutants
control to be implemented during all
construction activities to the Director of
the Community Development Department
or the Director’s designee. The plan shall
be accompanied by a letter signed by the
applicant or their representative, verifying
that all applicable methods included in
the plan meet the requirements set forth
in MM AIR-1a and AIR-1b.

The Director of the
Community
Development
Department or the
Director’s Designee
shall review the
construction
operations plan.

Prior to the
issuance of any
grading or
building permits
(whichever
occurs earliest).

Date:

Signature:

CULTURAL RESOURCES
CULT-1:

Grounddisturbing
activities
associated with
construction
could adversely
affect
archaeological
resources.

CULT-1: If deposits of prehistoric or
historical archaeological materials are
encountered during project activities, all
work within 25 feet of the discovery shall
be redirected and a qualified
archaeologist contacted to assess the
find, consult with agencies as
appropriate, and make recommendations
for the treatment of the discovery.

Prehistoric materials can include flakedstone tools (e.g., projectile points, knives, choppers) or obsidian, chert, basalt, or
quartzite toolmaking debris; bone tools;
culturally darkened soil (i.e., midden soil
If prehistoric or
historical
archaeological
materials are
encountered
during project
activities the
project applicant
shall halt work
within 25 feet of
the find and retain
a qualified
archaeologist to
assess the finds.
1) Foster City, Director
of Community
Development
Department or
Director’s Designee
shall verify that
construction activities
halt in the event
archaeological
materials are
discovered.
2) The Director of
Community
Throughout the
construction
period, in the
event that
prehistoric or
historical
archaeological
materials are
encountered.

Date:

Signature:

7.1 Attachment 1 - City Resolution for Second Addendum and MMRP 307
Mitigation Monitoring and Reporting Program
Environmental
Impact Mitigation Measures
Implementation
Procedure
Agency Responsible
for Implementation/
Monitoring Action
Implementation
Timing
Date
Completed/
Signature
often containing heat-affected rock, ash
and charcoal, shellfish remains, faunal
bones, and cultural materials); and stonemilling equipment (e.g., mortars, pestles, handstones). Prehistoric archaeological
sites often contain human remains.

Historical materials can include wood,
stone, concrete, or adobe footings, walls,
and other structural remains; debris-filled
wells or privies; and deposits of wood,
glass, ceramics, metal, and other refuse.

Project personnel shall not collect or
move any archaeological materials, or
human remains and associated materials.

It is recommended that adverse effects to
such deposits be avoided by project
activities. If avoidance is not feasible, the
archaeological deposits shall be
evaluated for their eligibility for listing in
the California Register. If the deposits are
not eligible, avoidance is not necessary. If
the deposits are eligible, avoidance of
project impacts on the deposit shall be
the preferred mitigation. If adverse effects
on the deposits cannot be avoided, such
effects must be mitigated. Mitigation can
include, but is not necessarily limited to:
excavation of the deposit in accordance
with a data recovery plan (see CEQA
Guidelines Section 15126.4(b)(3)(C)) and
2) The project
applicant shall
comply with the
recommendations
of the
archaeologist.
3) The qualified
archaeologist
shall submit an
archaeological
report to the City
and Northwest
Information
Center, with
recommendations
for treatment of
any discovered
archaeological
deposits eligible
for the California
Register (if
impacts cannot be
avoided).

Development
Department or the
Director’s Designee
shall review the
archaeology report
and verify that the
recommended
measures—if
warranted—are
undertaken.

7.1 Attachment 1 - City Resolution for Second Addendum and MMRP 308
Mitigation Monitoring and Reporting Program
Environmental
Impact Mitigation Measures
Implementation
Procedure
Agency Responsible
for Implementation/
Monitoring Action
Implementation
Timing
Date
Completed/
Signature
standard archaeological field methods
and procedures; laboratory and technical
analyses of recovered archaeological
materials; production of a report detailing
the methods, findings, and significance of
the archaeological site and associated
materials; curation of archaeological
materials at an appropriate facility for
future research and/or display;
preparation of a brochure for public
distribution that discusses the
significance of the archaeological
deposit; an interpretive display of
recovered archaeological materials at a
local school, museum, or library; and
public lectures at local schools and/or
historical societies on the findings and
significance of the site and recovered
archaeological materials. The City shall
ensure that any mitigation involving
excavation of the deposit is implemented
prior to the resumption of actions that
could adversely affect the deposit.

Upon completion of the assessment, the
archaeologist shall prepare a report
documenting the methods and results of
the analysis and provide
recommendations for the treatment of the
archaeological deposits discovered. The
report shall be submitted to the project

7.1 Attachment 1 - City Resolution for Second Addendum and MMRP 309
Mitigation Monitoring and Reporting Program
Environmental
Impact Mitigation Measures
Implementation
Procedure
Agency Responsible
for Implementation/
Monitoring Action
Implementation
Timing
Date
Completed/
Signature
applicant, the Foster City Community
Development Department and the
Northwest Information Center.

CULT-3:

Grounddisturbing
activities
associated with
construction
could disturb
human
remains,
including those
interred
outside
cemeteries.

CULT-3: If human remains are
encountered, work within 25 feet of the
discovery shall be redirected and the
County Coroner notified immediately. At
the same time, an archaeologist shall be
contacted to assess the situation and
consult with agencies as appropriate. The
project applicant shall also be notified.

Project personnel shall not collect or
move any human remains and associated
materials. If the human remains are of
Native American origin, the Coroner shall
notify the Native American Heritage
Commission within 24 hours of this
identification. The Native American
Heritage Commission will identify a Most
Likely Descendant (MLD) to inspect the
site and provide recommendations for the
proper treatment of the remains and
associated grave goods. Upon completion
of the assessment, the archaeologist
shall prepare a report documenting the
methods and results and provide
recommendations for the treatment of the
human remains and any associated
cultural materials, as appropriate and in
coordination with the recommendations
of the MLD. The report shall be submitted
to the project applicant, the Foster City
If human remains
are encountered
by project
activities the
project applicant
shall ensure that
the construction
contractor notifies
the City of Foster
City and the
County Coroner
promptly.
1) The Community
Development
Department shall
verify that, in the event
human remains are
discovered, the
appropriate agencies
are contacted, and an
archaeologist is
retained to evaluate
the materials.
2) The Director of the
Community
Development
Department or the
Director’s Designee
shall review and
approve the
archaeological report
as adequate.

Throughout the
construction
period, in the
event that
human remains
are
encountered.

Date:

Signature:

7.1 Attachment 1 - City Resolution for Second Addendum and MMRP 310
Mitigation Monitoring and Reporting Program
Environmental
Impact Mitigation Measures
Implementation
Procedure
Agency Responsible
for Implementation/
Monitoring Action
Implementation
Timing
Date
Completed/
Signature
Community Development Department,
the MLD, and the Northwest Information
Center.

GEOLOGY AND SOILS
GEO-1: Project
occupants
would be
subject to
seismic
shaking
hazards.

GEO-1: Prior to the issuance of any sitespecific grading or building permits, a design-level geotechnical investigation, in
compliance with Foster City guidelines,
shall be prepared by a licensed
professional and submitted to the City
Building Inspection Division for review,
approval, and a finding that the proposed
development fully complies with the CBC,
as amended by Foster City ordinances
and Building Inspection Division
guidance.
 The report shall determine the
proposed project’s geotechnical
conditions and address potential
seismic hazards. The report shall
identify building techniques
appropriate to minimize seismic
damage. In addition, the following
guidance for the design-level
geotechnical investigation shall be
addressed:

The project
applicant shall
retain a licensed
professional to
prepare a final
design-level
geotechnical
investigation for
the proposed
project. The report
shall be submitted
to and approved
by the City’s
Community
Development
Department,
Building Division
and shall meet the
requirements of
Mitigation
Measure GEO-1.

All
recommendations
in the report shall
be incorporated
into project plans.

The Foster City
Community
Development
Department, Building
Division shall review
and approve the finaldesign level
geotechnical
investigation to ensure
that all
recommendations,
design criteria, and
specifications set
forth in the report are
adequate and will be
implemented to
reduce the risk of
seismic shaking
hazards.

Prior to the
issuance of
grading or
building permits.

Date:

Signature:

7.1 Attachment 1 - City Resolution for Second Addendum and MMRP 311
Mitigation Monitoring and Reporting Program
Environmental
Impact Mitigation Measures
Implementation
Procedure
Agency Responsible
for Implementation/
Monitoring Action
Implementation
Timing
Date
Completed/
Signature
o Analysis presented in the
geotechnical report shall conform
to the California Division of Mines
and Geology recommendations
presented in the Guidelines for
Evaluating Seismic Hazards in
California. Briefly, the guidelines
recommend that the report
include: a site screening
evaluation; evaluation of on- and
off-site geologic hazards;
quantitative evaluation of hazard
potential; detailed field
investigation; estimation of
ground-motion parameters;
evaluation of landslide,
liquefaction, lateral-spreading
and ground-displacement
hazards; and recommendations
to reduce identified hazards.
o All recommendations, design
criteria, and specifications set
forth in the design-level
geotechnical investigation shall
be implemented as a condition of
project approval.

GEO-2:

Damage to
structures or
property
related to manGEO-2: In addition to the requirements of all other GEO mitigation measures in this
section, the designers of the proposed
project’s building foundations and
improvements (including sidewalks,
The project
applicant shall
retain a licensed
professional to
prepare a final
The City Community
Development
Department, Building
Division shall review
and approve the final
Prior to the
issuance of
grading permits.

Date:

Signature:

7.1 Attachment 1 - City Resolution for Second Addendum and MMRP 312
Mitigation Monitoring and Reporting Program
Environmental
Impact Mitigation Measures
Implementation
Procedure
Agency Responsible
for Implementation/
Monitoring Action
Implementation
Timing
Date
Completed/
Signature
made fill,
unstable soils,
or unstable
subsurface
materials
resulting in
settlement or
differential
settlement
could occur.
roads, driveways, parking areas, and
utilities) shall consider the site to be
underlain by Bay Mud and/or nonengineered fill. The design-level geotechnical investigation shall include
measures to ensure that potential
damage related to compressible
materials or soils and non-uniformly
compacted fill are minimized. Mitigation
options may range from removal of the
problematic soils, and replacement, as
needed, with properly conditioned and
compacted fill, to design and
construction of improvements to
withstand the forces exerted during the
expected settlement. All
recommendations, design criteria, and
specifications set forth in the site-specific
design-level geotechnical report, and the
City of Foster City Building Inspection
Division standards shall be followed to
reduce impacts associated with
problematic soils and unstable
subsurface materials.
design-level
geotechnical
investigation for
the proposed
project. The report
shall be submitted
to and approved
by the City
Building Division
and shall meet the
requirements of
Mitigation
Measure GEO-2.

All
recommendations
in the report shall
be incorporated
into project plans.
design-level
geotechnical
investigation to ensure
that all
recommendations,
design criteria, and
specifications set
forth in the report are
adequate and will be
implemented to
reduce the risk of
settlement.

GEO-3:

Damage to
structures or
property of the
proposed
project related
to expansive
(shrink-swell)
GEO-3a: In addition to the requirements
of all other GEO mitigation measures in
this section, in locations underlain by
soils of unknown character, the designers
and engineers of proposed building
foundations and improvements (including
piles, sidewalks, roads, driveways,
parking areas, and utilities) shall consider
The project
applicant shall
retain a licensed
professional to
prepare a final
design-level
geotechnical
investigation for
The Foster City
Community
Development
Department, Building
Division shall review
and approve the final
design-level
geotechnical
Prior to the
issuance of
grading or
building permits.

Date:

Signature:

7.1 Attachment 1 - City Resolution for Second Addendum and MMRP 313
Mitigation Monitoring and Reporting Program
Environmental
Impact Mitigation Measures
Implementation
Procedure
Agency Responsible
for Implementation/
Monitoring Action
Implementation
Timing
Date
Completed/
Signature
and corrosive
soils could
occur.
the site’s potential to be underlain by soils
with high shrink-swell potential. The sitespecific design-level geotechnical investigation, prepared by a licensed
professional and submitted to the City
Building Inspection Division for review
and confirmation that the proposed
development fully complies with the CBC,
as amended by Foster City ordinances
and Building Inspection Division
guidance, shall include measures to
ensure potential damage related to
expansive soils and non-uniformly
compacted fill and engineered fill are
minimized. Mitigation options may range
from removal of the problematic soils,
and replacement, as needed, with
properly conditioned and compacted fill,
to design and construction of
improvements to withstand the forces
exerted during the expected shrink-swell
cycles and settlements. All design criteria
and specifications set forth in the designlevel geotechnical investigation shall be implemented to reduce impacts
associated with problematic soils.
the proposed
project. The report
shall be submitted
to and approved
by the Foster City
Community
Development
Department,
Building Division
and shall meet the
requirements of
Mitigation
Measure GEO-3a.

All
recommendations
in the report shall
be incorporated
into project plans.
investigation to ensure
that all
recommendations,
design criteria, and
specifications set
forth in the report are
adequate and will be
implemented to
reduce the risk of
impacts associated
with expansive soils.

GEO-3b: In addition to the requirements
of all other GEO mitigation measures in
this section, the design-level geotechnical
investigation shall include an evaluation
of the potential for corrosive soils on the
site and be submitted to the City Building
The project
applicant shall
retain a licensed
professional to
prepare a final
design-level
The Foster City
Community
Development
Department, Building
Division shall review
and approve the final
Prior to the
issuance of
grading or
building permits.

Date:

Signature:

7.1 Attachment 1 - City Resolution for Second Addendum and MMRP 314
Mitigation Monitoring and Reporting Program
Environmental
Impact Mitigation Measures
Implementation
Procedure
Agency Responsible
for Implementation/
Monitoring Action
Implementation
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Inspection Division for review and
confirmation that the proposed
development fully complies with the CBC,
as amended by Foster City ordinances
and Building Inspection Division
guidance. If the results indicate corrosive
soil conditions, appropriate measures to
mitigate these conditions shall be
incorporated into the design of project
improvements that may come into
contact with site soils. Wherever
corrosive soils are found in sufficient
concentrations, recommendations shall
be made to protect steel and concrete
(and any other material that may be
placed in the subsurface) from long-term
deterioration caused by contact with
corrosive on-site soils. In general, these
recommendations are expected to
include, but not be limited to, the
following provisions. All
recommendations of the geotechnical
investigations shall be implemented.
 Protect buried iron, steel, cast iron,
ductile iron, galvanized steel, and
dielectric coated steel or iron
(including all buried metallic pressure
piping) against corrosion from soil.
 Protect buried metal and cement
structures in contact with earth
geotechnical
investigation for
the proposed
project. The report
shall be submitted
to and approved
by the City
Community
Development
Department,
Building Division
and shall meet the
requirements of
Mitigation
Measure GEO-3b.

7.1 Attachment 1 - City Resolution for Second Addendum and MMRP 315
Mitigation Monitoring and Reporting Program
Environmental
Impact Mitigation Measures
Implementation
Procedure
Agency Responsible
for Implementation/
Monitoring Action
Implementation
Timing
Date
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Signature
surfaces from chloride ion
concentrations.
 Use sulfate-resistant concrete mix for
all concrete in contact with the
ground.
 Consult a corrosion expert during the
project’s detailed design phase to
design the most effective corrosion
protection.

CULT-2:

Grounddisturbing
activities
associated
with
construction
could
adversely
affect
paleontologica
l resources.

CULT-2: If paleontological resources are
discovered during project activities, all
work within 25 feet of the discovery shall
be redirected and a qualified
paleontologist shall be contacted to
assess the situation, consult with
agencies as appropriate, and make
recommendations for the treatment of the
discovery. Paleontological resources
include fossil plants and animals, and
evidence of past life such as trace fossils
and tracks. Ancient marine sediments
may contain invertebrate fossils such as
snails, clam and oyster shells, sponges,
and protozoa, and vertebrate fossils such
as fish, whale, and sea lion bones. Fossil
vertebrate land animals may include
bones of reptiles, birds, and mammals.

Paleontological resources also include
plant imprints, petrified wood, and animal
tracks.
1) If
paleontological
materials are
encountered
during project
activities the
project applicant
shall halt work
within 25 feet of
the find and retain
a qualified
paleontologist to
assess the finds.
2) The project
applicant shall
comply with the
recommendations
of the
paleontologist.
1) The Director of the
Community
Development
Department or
Director’s Designee
shall verify that
construction activities
halt in the event
paleontological
materials are
discovered.
2) The Community
Development
Department shall
review the
paleontological report
and verify that the
recommended
measures—if
warranted—are
undertaken.

Throughout the
construction
period, in the
event that
paleontological
materials are
encountered.

Date:

Signature:

7.1 Attachment 1 - City Resolution for Second Addendum and MMRP 316
Mitigation Monitoring and Reporting Program
Environmental
Impact Mitigation Measures
Implementation
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for Implementation/
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It is recommended that adverse effects to
paleontological resources be avoided by
project activities. If avoidance is not
feasible, the paleontological resources
shall be evaluated for their significance. If
the resources are not significant,
avoidance is not necessary. If the
resources are significant, adverse effects
on the resources shall be avoided, or such
effects shall be mitigated. Mitigation can
include, but is not necessarily limited to:
excavation of paleontological resources
using standard paleontological field
methods and procedures; laboratory and
technical analyses of recovered
materials; production of a report detailing
the methods, findings, and significance of
recovered fossils; curation of
paleontological materials at an
appropriate facility (e.g., the University of
California Museum of Paleontology) for
future research and/or display; an
interpretive display of recovered fossils at
a local school, museum, or library; and
public lectures at local schools on the
findings and significance of the site and
recovered fossils. The City shall ensure
that any mitigation involving excavation of
the resource is implemented prior to
project construction or actions that could
adversely affect the resource.

7.1 Attachment 1 - City Resolution for Second Addendum and MMRP 317
Mitigation Monitoring and Reporting Program
Environmental
Impact Mitigation Measures
Implementation
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Agency Responsible
for Implementation/
Monitoring Action
Implementation
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Completed/
Signature
Upon completion of the assessment, the
paleontologist shall prepare a report
documenting the methods and results
and provide recommendations for the
treatment of the paleontological
resources discovered. This report shall be
submitted to the project applicant, the
Foster City Community Development
Department, and the paleontological
curation facility.

GREENHOUSE GAS EMISSIONS
GCC-1:

Implementatio
n of the
proposed
project could
result in
greenhouse
gas emission
levels that
would
substantially
conflict with
implementatio
n of the
greenhouse
gas reduction
goals under
State
regulations.

GCC-1: To the extent feasible,
commercially-available, and cost
effective (as reasonably determined by
the Community Development Director),
the measures identified in Table V.K-6 in
the column titled “MM GCC-1” shall be
incorporated into the design and
construction of the Master Plan (including
specific building projects).

Energy Efficiency Measures
 Comply with the updated Title 24
standards for building construction.
 Provide a landscape and
development plan for the project that
takes advantage of shade, prevailing
winds, and landscaping;
The project
applicant shall
incorporate the
measures listed in
MM-GCC-1 on the
Specific
Development
Plans for Phase
One and Phase
Two.

The Foster City
Community
Development
Department shall
ensure that
appropriate
greenhouse gas
reduction measures
are incorporated into
the project.

Prior to approval
of the Specific
Development
Plans.

Date:

Signature:

7.1 Attachment 1 - City Resolution for Second Addendum and MMRP 318
Mitigation Monitoring and Reporting Program
Environmental
Impact Mitigation Measures
Implementation
Procedure
Agency Responsible
for Implementation/
Monitoring Action
Implementation
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Completed/
Signature
 Install efficient lighting and lighting
controls/systems. Use daylight as an
integral part of lighting systems in
buildings;
 Install light colored “cool” roofs areas;
 Install energy efficient heating and
cooling systems, appliances and
equipment, and control systems;
 Install efficient lighting and controls
for new outdoor lighting (e.g.,
fluorescent or LED, dusk to down
sensors);
 Consider developing an On-Site
Renewable Energy System that
consists of solar, wind, geothermal,
biomass and/or bio-gas strategies.

This system should reduce grid-based
energy purchases and provide at least

2.5 percent of the project energy cost
from renewable energy. Such a
strategy can include installation of
photovoltaic panels, wind turbines,
and solar and tankless hot water
heaters; and
 Install light colored “cool” pavements
for pathways, plazas, and sidewalks,
where appropriate given the
characteristics of those areas;
 Incorporate ENERGY STAR or better
rated appliances and electrical
equipment; and

7.1 Attachment 1 - City Resolution for Second Addendum and MMRP 319
Mitigation Monitoring and Reporting Program
Environmental
Impact Mitigation Measures
Implementation
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Agency Responsible
for Implementation/
Monitoring Action
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 Design all buildings to exceed
California Building Code’s Title 24
energy standards, as follows:
o Increase insulation such that
heat transfer and thermal
bridging is minimized to the
extent consistent with the
overall health and safety
functioning of the building; and
o Limit air leakage through the
structure or within the heating
and cooling distribution system
to minimize energy
consumption to the extent
consistent with the overall safe
and healthy functioning of the
building.

Green Building
 Design, construct and operate all
newly constructed buildings as
equivalent to “LEED Silver” or higher
standards (e.g., “LEED Gold”);
 Use locally produced and/or
manufactured building materials for
construction of the project, subject to
consideration of quality, cost, and
availability;
 Develop a sustainability design
checklist based upon green building

7.1 Attachment 1 - City Resolution for Second Addendum and MMRP 320
Mitigation Monitoring and Reporting Program
Environmental
Impact Mitigation Measures
Implementation
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Agency Responsible
for Implementation/
Monitoring Action
Implementation
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Signature
rating systems to guide significant
facility renovation projects by
deploying newer construction and
operating practices that conserve
energy, water and materials while
providing a reasonable return on
investment; and
 Incorporate “Green Building
Materials,” such as those materials
which are resource efficient, have
recycled content, and/or are
manufactured in an environmentally
friendly way, including low Volatile
Organic Compound (VOC) materials.

Water Conservation and Energy
Efficiency Measures
 Create water-efficient landscapes
within the development and/or
landscape with native and droughttolerant plants;
 Install water-efficient irrigation
systems and devices such as soil
moisture-based irrigation controls,
timers, and/or drip irrigation;
 Design buildings to be water-efficient.

Install water-efficient fixtures and
appliances, including low-flow
faucets, dual-flush toilets, low-flow
urinals;

7.1 Attachment 1 - City Resolution for Second Addendum and MMRP 321
Mitigation Monitoring and Reporting Program
Environmental
Impact Mitigation Measures
Implementation
Procedure
Agency Responsible
for Implementation/
Monitoring Action
Implementation
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Signature
 Restrict watering methods (e.g.,
prohibit systems that apply water to
non-vegetated surfaces) and control
runoff; and
 Consider using reclaimed water for
landscape irrigation within the
project, if reclaimed water is made
available by the City.

Solid Waste Measures
 Use best efforts to reuse and recycle
construction and demolition waste
(including, but not limited to, soil,
vegetation, concrete, lumber, metal,
and cardboard);
 Provide adequate interior and exterior
storage areas for recyclables;
 Provide employee education about
reducing waste and available
recycling services; and
 Provide adequate storage areas for
green waste, to the extent needed in
light of the actual operations of the
facility.

Transportation and Motor Vehicle
Measures
 Specific regional emission targets for
transportation emissions do not
directly apply to this project. The

7.1 Attachment 1 - City Resolution for Second Addendum and MMRP 322
Mitigation Monitoring and Reporting Program
Environmental
Impact Mitigation Measures
Implementation
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for Implementation/
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proposed project would be required to
implement a Transportation Demand
Management (TDM) program as
discussed in Mitigation Measure
TRANS-1 of Section V.G and the Final
MPTA. The specific measures that
could be implemented include a
shuttle service to the nearby rail
station, bicycle racks and lockers, onsite amenities, showers and lockers, video conferencing center,
preferential parking for carpoolers
and vanpoolers, commute assistance
center, employee transportation
surveys, assistance to employees
looking for housing near work, bicycle
share program, and local hiring
preferences.
 New refrigerant systems installed at
the project site (after implementation
of the high GWP gases reduction
measures) shall comply with future
CARB rules and regulations as these
new rules and regulations are
implemented by the agency.
 The City shall require the project
applicant to install electric vehicle
(EV) capable spaces and EV charging
stations in compliance with the Tier 2
standards under Section A5.106.5.3.3
4 of the Non-Residential Voluntary

7.1 Attachment 1 - City Resolution for Second Addendum and MMRP 323
Mitigation Monitoring and Reporting Program
Environmental
Impact Mitigation Measures
Implementation
Procedure
Agency Responsible
for Implementation/
Monitoring Action
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Measures in the 2025 California
Green Building Standards Code
(CALGreen). Applicable building plans
submitted to the City shall illustrate
compliance with Sections
A5.106.5.3.3 and A5.106.5.3.4 (or
equally effective requirements in
place at the time of permit
application).
 In compliance with CALGreen Section
A5.106.5.3.3, the Phase One (NCF)
portion of the development shall
include at least 39 EV capable spaces
and 40 EV charging stations (which
applies to developments have 151 to
200 parking space). At full project
buildout, 45 percent of parking
spaces shall be EV capable spaces
and 50 percent of parking spaces
shall be EV capable spaces. Both
phases of the project could comply
with the power allocation methods
listed in Section A5.106.5.3.3 for Tier
2 EV charging stations as an
alternative. Prior to issuance of the
certificate of occupancy, the project
applicant shall provide
documentation to the City that
verifies compliance with this
measure.

7.1 Attachment 1 - City Resolution for Second Addendum and MMRP 324
Mitigation Monitoring and Reporting Program
Environmental
Impact Mitigation Measures
Implementation
Procedure
Agency Responsible
for Implementation/
Monitoring Action
Implementation
Timing
Date
Completed/
Signature
 Prior to the issuance of any building
permits (whichever occurs earliest),
the project applicant shall prepare
and submit a Plan identifying
components of projects that satisfy
the efficiency measures for EV
capable spaces and EV charging
stations per Section A5.106.5.3.3 or
(alternatively Section A5.106.5.3.4) of
the Non-Residential Voluntary
Measures in the 2025 CALGreen (or
equally effective requirements in
place at the time of permit
application). The Plan shall be
submitted to the Director of the
Community Development
Department or the Director’s
designee.

HAZARDS AND HAZARDOUS MATERIALS
HAZ-1: Upset
and accidents
involving
hazardous
materials
releases and
transport and
use during
construction
activities could
result in
adverse
HAZ-1a: The contractor(s) shall designate
storage areas suitable for material
delivery, storage, and waste collection.

These locations must be as far away from
catch basins, gutters, drainage courses,
and water bodies as feasible. All
hazardous materials and wastes used or
generated during project site
development activities shall be labeled
and stored in accordance with applicable
local, State, and federal regulations. In
addition, an accurate up-to-date
The construction
contractor shall
ensure that the
provisions for the
handling,
treatment, and
storage of
hazardous wastes
and vehicle
maintenance on
the project site are
implemented as
The Foster City
Community
Development
Department, Building
Division shall
periodically monitor
the handling, storage,
treatment, and
storage measures for
hazardous materials
and vehicle
maintenance on the
Throughout the
construction
period.

Date:

Signature:

7.1 Attachment 1 - City Resolution for Second Addendum and MMRP 325
Mitigation Monitoring and Reporting Program
Environmental
Impact Mitigation Measures
Implementation
Procedure
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for Implementation/
Monitoring Action
Implementation
Timing
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Signature
effects to
public health
or the
environment.
inventory, including Material Safety Data
Sheets, shall be maintained on-site to
assist emergency response personnel in
the event of a hazardous materials
incident.

All maintenance and fueling of vehicles
and equipment shall be performed in a
designated, bermed area, or over a drip
pan that will not allow run-off of spills.

Vehicles and equipment shall be regularly
checked, and leaks shall be repaired
promptly at an off-site location.

Secondary containment shall be used to
catch leaks or spills any time that vehicle
or equipment fluids are dispensed,
changed, or poured.
described in
Mitigation
Measure HAZ-1a.
project site. The City
shall also confirm that
the Material Safety
Data Sheets are
maintained onsite.

HAZ-1b: 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, and required personal
protective equipment, as appropriate, in
responding to the emergency. The
contractor(s) shall submit these
The construction
contractor shall
develop
emergency
procedures
identified in
Mitigation
Measure HAZ-1b.

These procedures
shall be submitted
to the City for
review and
Approval.

The Foster City
Community
Development
Department, Building
Division shall review
and approve the
emergency
preparedness and
procedures plan to
ensure that the
appropriate measures
will be implemented in
an emergency
Prior to the
issuance of any
demolition,
grading, or
building permit.

Date:

Signature:

7.1 Attachment 1 - City Resolution for Second Addendum and MMRP 326
Mitigation Monitoring and Reporting Program
Environmental
Impact Mitigation Measures
Implementation
Procedure
Agency Responsible
for Implementation/
Monitoring Action
Implementation
Timing
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Completed/
Signature
procedures to the City for approval prior
to demolition or development activities.

Compliance with these mitigation
measures may occur in coordination with
compliance with the Storm Water
Pollution Prevention Plan and Best
Management Practices required for the
proposed project (see Mitigation
Measures HYD-1 through HYD-1c for
additional detail).
involving hazardous
materials release.

HAZ-2:

Construction
workers and
the public may
be exposed to
existing or
previously
unknown
contamination
in soil and/or
groundwater,
or other safety
hazards
encountered
during site
preparation,
grading, and
excavation
activities.

HAZ-2a: If previously unknown
contaminated soil and/or groundwater is
encountered at any time during
construction activities (e.g., identified by
odor or visual staining, or if any
underground storage tanks, abandoned
drums, or other hazardous materials or
wastes are encountered), the
contractor(s) shall ensure that all
appropriate response measures are taken
to protect human health and the
environment. A contingency plan for
identification, sampling, and analysis of
previously unknown hazardous
substances shall be prepared by the
contractor(s), with the approval of the
City, prior to grading and earthwork
activities. As part of this pre-approved
contingency plan, soil and/or groundwater
samples shall be collected by a qualified
The construction
contractor shall
prepare a
contingency plan
for sampling and
analysis of
previously
unknown
hazardous
substances that
adheres to the
requirements of
Mitigation
Measure HAZ-2a.

The Foster City
Community
Development
Department, Building
Division shall review
and approve the
contingency plan to
ensure that
appropriate measures
will be implemented in
the event that
previously unknown
contaminated soil
and/or groundwater is
encountered on-site
during construction
activities.

Prior to the
issuance of any
demolition,
grading, or
building permit.

Date:

Signature:

7.1 Attachment 1 - City Resolution for Second Addendum and MMRP 327
Mitigation Monitoring and Reporting Program
Environmental
Impact Mitigation Measures
Implementation
Procedure
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for Implementation/
Monitoring Action
Implementation
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environmental professional (e.g.,
Professional Geologist, Professional
Engineer) prior to further work in the area,
as appropriate, in case of discovery of
unknown contamination. The samples
shall be submitted for laboratory analysis
by a State-certified laboratory under
chain-of-custody procedures. The
analytical results of the sampling shall be
reviewed by a qualified environmental
professional and submitted to the
appropriate regulatory agency. The
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 resume in the area(s)
affected until these recommendations
have been implemented under the
oversight of the City or regulatory agency,
as appropriate.

HAZ-2b: Engineering fill to be brought onsite 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 groundwater (e.g.,
The construction
contractor shall
submit the results
of sampling and
waste
characterization
for engineered fill
to the City
Community
The City Community
Development
Department, Building
Division shall review
and approve the
results of the
sampling and waste
characterization
analysis to ensure that
Prior to the
issuance of
grading or
building permits
Date:

Signature:

7.1 Attachment 1 - City Resolution for Second Addendum and MMRP 328
Mitigation Monitoring and Reporting Program
Environmental
Impact Mitigation Measures
Implementation
Procedure
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for Implementation/
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Water Board Environmental Screening
Levels (ESLs). The engineered fill shall be
characterized by a qualified
environmental professional via
representative sampling in accordance
with U.S. EPA’s SW-846 Test Methods, 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
Building Inspection Division for approval
prior to transporting engineering fill onto
the project site.

Development
Department,
Building Division.
engineered fill brought
onto the site does not
pose an unacceptable
risk to human health
or the environment.

HAZ-2c: 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 and 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
Mitigation Measure HAZ-3, below), the
The construction
contractor shall
prepare a Waste
Disposal and
Hazardous
Materials
Transportation
Plan that adheres
to the
requirements of
Mitigation
Measure HAZ-2c.

The Foster City
Community
Development
Department, Building
Division shall review
and approve the
Waste Disposal and
Hazardous Materials
Transportation Plan to
ensure that it
complies with the
requirements of
Mitigation Measure
HAZ-2c.

Prior to the
issuance of
demolition,
grading, or
building permits.

Date:

Signature:

7.1 Attachment 1 - City Resolution for Second Addendum and MMRP 329
Mitigation Monitoring and Reporting Program
Environmental
Impact Mitigation Measures
Implementation
Procedure
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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
commencement of demolition or
development activities and submitted to
the City for approval. The Waste Disposal
and Hazardous Materials Transportation
Plan will be prepared consistent with
Chapter 15.44 of the Foster City Municipal
Code.

HAZ-2d: If the project would result in
disturbance of soils within 30 feet of SR
92 then, prior to excavation or
earthworking activities, the applicant
shall hire a qualified professional to
characterize the lead content of the soils
to be disturbed within 30 feet of SR 92 by
undertaking soil sampling. If the results of
the studies indicate that lead in the soil is
present above regulatory action levels,
the soils shall be removed and disposed
of at an approved offsite facility in
accordance with all applicable
regulations. The findings of the
investigation and remediation shall be
documented in a written report and shall
be submitted the City for review and
approval.

The project
applicant shall
retain a qualified
professional to
characterize the
lead content of
soils that would be
disturbed within
30 feet of SR 92 (if
the project would
disturb soils
within 30 feet of
SR 92).

The Foster City
Community
Development
Department, Building
Inspection Division
shall review and
approve the findings of
the investigation and
remediation
documentation to
ensure compliance
with the requirements
of Mitigation Measure
HAZ-2d.

Prior to the
issuance of
grading or
building permits.

Date:

Signature:

HAZ-3:

Demolition
HAZ-3: Prior to the issuance of any
demolition permit for structures located
The project
applicant shall
The Foster City
Community
Prior to the
issuance of a
Date:

7.1 Attachment 1 - City Resolution for Second Addendum and MMRP 330
Mitigation Monitoring and Reporting Program
Environmental
Impact Mitigation Measures
Implementation
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Implementation
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activities may
result in the
exposure of
construction
workers and the
general public
to added health
risk from lead,
asbestos, and
other
hazardous
building
materials
on the project site, a lead-based paint,
hazardous building materials survey
(PCBs, mercury), and asbestos survey
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.

Other hazardous materials and wastes
generated during demolition activities,
such as fluorescent light tubes, mercury
switches, and PCB wastes, 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
demolition activities, and any required
worker health and safety procedures shall
be incorporated into the contractor’s
specifications for the proposed project.

The disposition of hazardous building
material wastes shall also be considered
in the preparation of the Waste
retain a qualified
environmental
professional to
conduct a leadbased paint,
hazardous
building materials
survey (PCBs,
mercury), and
asbestos survey
and adhere to the
requirements
of Mitigation
Measure HAZ-3.

Development
Department, Building
Division shall review
and approve the
findings of the leadbased paint,
hazardous building
materials survey
(PCBs, mercury), and
asbestos survey and
ensure compliance
with the results of the
surveys as described
in Mitigation Measure
HAZ-3.
demolition
permit.

Signature:

7.1 Attachment 1 - City Resolution for Second Addendum and MMRP 331
Mitigation Monitoring and Reporting Program
Environmental
Impact Mitigation Measures
Implementation
Procedure
Agency Responsible
for Implementation/
Monitoring Action
Implementation
Timing
Date
Completed/
Signature
Management Plan required pursuant to
the City’s Chapter 15.44 of the Foster City
Municipal Code (see also Mitigation
Measure HAZ-2c, above). Documentation
of the surveys and abatement activities
shall be provided to the City prior to the
demolition of structures located at the
project site.

HYDROLOGY AND WATER QUALITY
HYD-1:

Construction
period and
operation
period project
activities could
result in the
degradation of
water quality in
the Foster City
Lagoon and
San Francisco
Bay by
reducing the
quality of
stormwater
runoff.

HYD-1a: In compliance with the terms of
the Construction General Permit, a
Qualified SWPPP Practitioner (QSP) shall
prepare a Storm Water Pollution
Prevention Plan (SWPPP) designed to
reduce potential impacts to surface water
quality through the construction period of
each and any individual development
project, or group of projects, built as part
of the proposed project. It is not required
that the SWPPP be submitted to the
Regional Water Quality Control Board
(Water Board), but it must be maintained
on-site and made available to Water
Board or City staff upon request. The
SWPPP shall include specific and detailed
Best Management Practices (BMPs)
designed to mitigate construction-related
pollutants. At a minimum, BMPs shall
include practices to minimize the contact
of construction materials, equipment,
and maintenance supplies (e.g., fuels,
1) The project
applicant shall
prepare a SWPPP
which includes
specific and
detailed BMPs and
measures
designed to
mitigate
constructionrelated pollutants
and adheres to the
requirements of
Mitigation
Measure HYD-1a.
2) The
Construction Site
Supervisor shall
conduct regular
meetings of site
personnel to
1) The Foster City
Community
Development
Department, Building
Division shall review
the SWPPP for
consistency with the
requirements of
Mitigation Measure
HYD-1a prior to
approval.
2) The Building
Division shall conduct
periodic inspections
of the project site
during wet and dry
days to ensure
compliance with the
SWPPP.
1) Prior to the
issuance of any
demolition,
grading, or
building permit.
2) Periodically
throughout the
construction
period, and at
the discretion of
the Building
Division.

Date:

Signature:

7.1 Attachment 1 - City Resolution for Second Addendum and MMRP 332
Mitigation Monitoring and Reporting Program
Environmental
Impact Mitigation Measures
Implementation
Procedure
Agency Responsible
for Implementation/
Monitoring Action
Implementation
Timing
Date
Completed/
Signature
lubricants, paints, solvents, and
adhesives) with storm water. The SWPPP
shall specify properly-designed
centralized storage areas that keep these
materials out of the rain. BMPs designed
to reduce erosion of exposed soil may
include, but are not limited to: soil
stabilization controls, watering for dust
control, perimeter silt fences, fiber rolls,
and sediment basins. The potential for
erosion is generally increased if grading is
performed during the rainy season
because disturbed soil can be exposed to
rainfall and storm runoff. If grading must
be conducted during the rainy season, the
primary BMPs selected shall focus on
erosion control (i.e., keeping sediment on
the site). End-of-pipe sediment control
measures (e.g., basins and traps) shall be
used only as secondary measures.

Ingress and egress from construction
sites shall be carefully controlled shall be
to minimize off-site tracking of sediment.

Vehicle and equipment wash-down
facilities shall be designed to be
accessible and functional during both dry
and wet conditions.

To educate on-site personnel and
maintain awareness of the importance of
storm water quality protection, site
ensure SWPPP
guidelines are
observed by onsite personnel.
3) The project
applicant shall
retain an
independent
monitor to
conduct weekly
inspections and
provide written
monthly reports to
the City Planning
and Code
Enforcement
Divisions to
ensure
compliance with
the SWPPP.

7.1 Attachment 1 - City Resolution for Second Addendum and MMRP 333
Mitigation Monitoring and Reporting Program
Environmental
Impact Mitigation Measures
Implementation
Procedure
Agency Responsible
for Implementation/
Monitoring Action
Implementation
Timing
Date
Completed/
Signature
supervisors shall conduct regular tailgate
meetings to discuss pollution prevention.

The frequency of the meetings and
required personnel attendance list shall
be specified in the SWPPP.

The SWPPP shall specify a monitoring
program to be implemented by the
construction site supervisor, and shall
include both dry and wet weather
inspections. In addition, in accordance
with State Water Resources Control Board
Resolution No. 2001-046,34 monitoring
shall be required during the construction
period for pollutants that may be present
in the runoff that are “not visually
detectable in runoff.” The project sponsor
shall retain an independent monitor to
conduct weekly inspections and provide
written monthly reports to the City
Planning and Code Enforcement Division
to ensure compliance with the SWPPP.

Water Board personnel, who may make
unannounced site inspections, are
empowered to levy considerable fines if it
is determined that the SWPPP has not
been properly prepared and
implemented.

A QSP shall be responsible for
implementing BMPs at the site. The QSP

7.1 Attachment 1 - City Resolution for Second Addendum and MMRP 334
Mitigation Monitoring and Reporting Program
Environmental
Impact Mitigation Measures
Implementation
Procedure
Agency Responsible
for Implementation/
Monitoring Action
Implementation
Timing
Date
Completed/
Signature
shall also be responsible for performing
all required monitoring, and BMP
inspection, maintenance and repair
activities. The developer shall retain an
independent monitor to conduct weekly
inspections and provide written monthly
reports to the Engineering Division to
ensure compliance with the SWPPP.

Water Board personnel, who may make
unannounced site inspections, are
empowered to levy considerable fines if it
is determined that the SWPPP has not
been properly prepared and
implemented.

The SWPPP shall be prepared to the
satisfaction of the City’s Engineering
Division.

HYD-1b: The project sponsor shall fully
comply with the San Mateo Countywide
Water Pollution Prevention Program,
which maintains compliance with the
NPDES Stormwater Discharge Permit.

Responsibilities include, but are not
limited to, designing Best Management
Practices (BMPs) into project features and
operations to reduce potential impacts to
surface water quality associated with
operation of specific development
projects undertaken as part of the
proposed Master Plan. These features
1) The project
applicant shall
prepare a final
drainage plan that
includes
measures
designed to
mitigate potential
water quality
degradation of
runoff and
adheres to the
requirements of
1) The Foster City
Community
Development
Department, Building
Division shall review
the final drainage plan
for consistency with
the requirements of
Mitigation Measure
HYD-1b.
2) The Foster City
Public Works
1) Prior to the
issuance of any
demolition,
grading, or
building permit.
2) Annually
throughout the
postconstruction
period.

Date:

Signature:

7.1 Attachment 1 - City Resolution for Second Addendum and MMRP 335
Mitigation Monitoring and Reporting Program
Environmental
Impact Mitigation Measures
Implementation
Procedure
Agency Responsible
for Implementation/
Monitoring Action
Implementation
Timing
Date
Completed/
Signature
shall be included in the drainage plan and
final development drawings for individual
projects. Specifically, the final design
shall include measures designed to
mitigate potential water quality
degradation of runoff from all portions of
the completed development.

All requirements of the San Mateo
Countywide Water Pollution Prevent
Program, previously called the San Mateo
Water Pollution Prevention Program – Part
C.3, as outlined in the San Mateo County
Stormwater Handbook, shall be
incorporated. The final design team for
each development project shall also
review and incorporate as many concepts
as practicable from Start at the Source,
Design Guidance Manual for Stormwater
Quality Protection. Passive, lowmaintenance BMPs (e.g., grassy swales, porous pavements) are preferred in all
areas. Higher-maintenance BMPs may
only be used if the development of atgrade treatment systems is not possible, or would not adequately treat runoff.

Funding for long-term maintenance of all
BMPs must be specified (as the City will
not assume maintenance responsibilities
for these features). The project sponsor
shall establish a self-perpetuating
Mitigation
Measure HYD-1b.
2) The project
applicant shall
establish a selfperpetuating
drainage system
maintenance
program for the
life of the project
that includes
annual
inspections of any
stormwater
detention devices
and drainage
inlets.

Department and/or
Community
Development
Department, Building
Division shall review
and approve the
annual report
documenting the
inspection and any
remedial action
conducted.

7.1 Attachment 1 - City Resolution for Second Addendum and MMRP 336
Mitigation Monitoring and Reporting Program
Environmental
Impact Mitigation Measures
Implementation
Procedure
Agency Responsible
for Implementation/
Monitoring Action
Implementation
Timing
Date
Completed/
Signature
drainage system maintenance program
for the life of the project (to be managed
by a business and/or property-owners
association or similar entity) that includes
annual inspections of any storm water
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 Department and/or Building
Inspection Division for review and
approval.

The Public Works Department and/or
Building Inspection Division shall ensure
that the SWPPP and drainage system
maintenance plan are approved by the
City prior to approval of the grading plan.

HYD-1c: The project sponsor shall
comply with all requirements of the City’s
Standard Conditions of Approval (COA).

At a minimum, a hydrology/hydraulic
analysis shall be completed on the
existing storm drain system to verify it is
adequately sized to accommodate the
runoff from the project. The existing storm
drains shall be cleaned as necessary. Preconstruction and post-construction survey reports shall be completed on the
1) The project
applicant shall
prepare a
hydrology/hydrauli
c analysis on the
existing storm
drain system to
verify it is
adequately sized
to accommodate
1) The Foster City
Community
Development
Department, Building
Division shall review
the
hydrology/hydraulic
analysis for the
existing storm drain
system as required by
1) Prior to the
issuance of any
demolition,
grading, or
building permit.
2) Reports shall
be prepared for
both the preand postconstruction
Date:

Signature:

7.1 Attachment 1 - City Resolution for Second Addendum and MMRP 337
Mitigation Monitoring and Reporting Program
Environmental
Impact Mitigation Measures
Implementation
Procedure
Agency Responsible
for Implementation/
Monitoring Action
Implementation
Timing
Date
Completed/
Signature
existing storm drain system. Any
necessary repairs to restore the facilities
shall be an element of the report.

Required pre-construction reports
documenting work performed in
compliance with the COAs shall be
submitted to the Public Works
Department and/or Building Inspection
Division for review and approval prior to
the issuance of grading and building
permits. Required postconstruction
reports shall be submitted to the Public
Works Department and/or Building
Inspection Division for review and
approval prior to the issuance of
occupancy permits.
the runoff from the
project.
2) The project
applicant shall
prepare
preconstruction
and postconstruction
survey reports for
the existing storm
drain system. The
drains shall be
cleaned as
necessary.

Mitigation Measure
HYD-1c.
2) The Foster City
Public Works
Department and/or
Community
Development
Department, Building
Division shall review
and approve the preconstruction and
postconstruction
survey reports to
ensure that the storm
drain system is
adequately sized.
period prior to
issuance of
certificate of
occupancy
permits.

NOISE
NOI-1:

Construction
period
activities could
create
significant
temporary
noise impacts
on existing
noise sensitive
land uses
adjacent to the
site.

NOI-1a: The construction contractor(s)
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. A notice shall be mailed to all
The construction
contractor shall
designate a noise
disturbance
coordinator to
receive and
resolve noise
complaints
throughout the
construction
period and adhere
to the notification
procedures
The Foster City
Community
Development
Department, Building
Division shall maintain
the name and contact
information for the
noise disturbance
coordinator on file
throughout the
construction period.

Prior to the
issuance of
demolition,
grading, or
building permits.

Date:

Signature:

7.1 Attachment 1 - City Resolution for Second Addendum and MMRP 338
Mitigation Monitoring and Reporting Program
Environmental
Impact Mitigation Measures
Implementation
Procedure
Agency Responsible
for Implementation/
Monitoring Action
Implementation
Timing
Date
Completed/
Signature
affected residents within 1,000 feet of the
construction site.
required by
Mitigation
Measure NOI- 1a.

NOI-1b: Prior to the issuance of any
building permits, the project applicant
shall submit and implement a
construction noise logistics plan that
specifies hours of construction, noise and
vibration minimization measures, posting
and notification of construction
schedules, equipment to be used, and
designation of a noise disturbance
coordinator. The noise disturbance
coordinator shall respond to
neighborhood complaints and shall be in
place prior to the start of construction
and implemented during construction to
reduce noise impacts on neighboring
residents and other uses. The noise
logistic plan shall be submitted to the
Director of the Community Development
Department or the Director's designee
prior to the issuance of any demolition
permits. The construction noise logistic
plan shall include, but would not be
limited to, the measures listed herein. The
measures shall be implemented at the
project site during all demolition and
construction activities:
 During all project site excavation and
on-site grading, fit all construction
The construction
contractor shall
implement a
series of noise
reduction
measures during
all demolition and
construction
activities, as
required by
Mitigation
Measure NOI-1b.

The Foster City
Community
Development
Department, Building
Division shall conduct
regular site
inspections
throughout the
construction period to
ensure that the noise
reduction measures
listed in Mitigation
Measure NOI-1b are
implemented on the
site
Throughout the
construction
period.

Date:

Signature:

7.1 Attachment 1 - City Resolution for Second Addendum and MMRP 339
Mitigation Monitoring and Reporting Program
Environmental
Impact Mitigation Measures
Implementation
Procedure
Agency Responsible
for Implementation/
Monitoring Action
Implementation
Timing
Date
Completed/
Signature
equipment, fixed or mobile, with
properly operating and maintained
mufflers consistent with
manufacturers’ standards.
 Locate stationary noise generating
equipment such as air compressors
or portable power generators as far as
possible from sensitive receptors.

Construct temporary noise barriers to
screen stationary noise generating
equipment when located near
adjoining sensitive land uses.

Temporary noise barriers could
reduce construction noise levels by 5
dBA.
 Locate equipment staging in areas
that will create the greatest possible
distance between constructionrelated noise sources and noisesensitive receptors nearest to the project site during all project
construction.
 Utilize “quiet” air compressors and
other stationary noise sources where
such technology exists.
 Route all construction traffic to and
from the project site via designated
truck routes and prohibit construction
related heavy truck traffic in
residential areas where feasible.

7.1 Attachment 1 - City Resolution for Second Addendum and MMRP 340
Mitigation Monitoring and Reporting Program
Environmental
Impact Mitigation Measures
Implementation
Procedure
Agency Responsible
for Implementation/
Monitoring Action
Implementation
Timing
Date
Completed/
Signature
 Control noise from construction
workers’ radios to a point that they are
not audible at existing residences
bordering the project site.
 Prepare and submit to the City for
approval a detailed construction plan
identifying the schedule for major
noise-generating construction
activities.
 Pre-drill foundation pile holes to
minimize the number of impacts
required to seat the pile.
 Use multiple pile driving rigs to
expedite this phase of construction.
 Use “acoustical blankets” to shroud
the pile hammer.

NOI-2:

Mechanical
level standards
in equipment
proposed as
part of the
project may
generate noise
levels that
would exceed
the noise the
Foster City
Municipal
Code.

NOI-2: At the time that Phase Two of the
project is proposed and detailed plans are
available, conduct a design level
acoustical analysis to ensure that
mechanical equipment noise resulting
from the project complies with applicable
General Plan policies and Municipal Code
noise level limits, prior to project
approval. The acoustical analysis shall
include a calculation of noise levels
resulting from the proposed equipment at
the nearest sensitive receiving land uses,
an assessment of noise levels relative to
applicable standards, and
recommendations to control noise levels
The project
applicant shall
conduct a designlevel acoustical
analysis (for Phase
Two of the project)
to ensure that
mechanical
equipment noise
resulting from the
project would
comply with
applicable
General Plan
policies and
The Foster City
Community
Development
Department, Building
Division shall review
and approve the
acoustical analysis to
ensure that the
mechanical
equipment on the
project site would
comply with
applicable General
Plan policies and
Prior to the
issuance of
building permits
for Phase Two of
the project.

Date:

Signature:

7.1 Attachment 1 - City Resolution for Second Addendum and MMRP 341
Mitigation Monitoring and Reporting Program
Environmental
Impact Mitigation Measures
Implementation
Procedure
Agency Responsible
for Implementation/
Monitoring Action
Implementation
Timing
Date
Completed/
Signature
in accordance with the applicable limits.

The report shall be completed and
submitted to the Community
Development Department for approval
prior to the issuance of building permits.

Municipal Code
noise level limits.

The analysis shall
adhere to the
requirements of
Mitigation
Measure NOI-2
and shall be
submitted to the
Director of the
Community
Development
Department or the
Director’s
Designee.

Municipal Code noise
level limits.

TRANSPORTATION
TRANS-9:

Construction
activities could
interfere with
circulation
patterns.

TRANS-9: During the use permit process,
the project applicant shall develop and
submit a construction management plan
for City approval that specifies measures
that would reduce impacts to motor
vehicle, bicycle, pedestrian, and transit
circulation. The construction
management plan shall include the
following:
 Location of construction staging
areas for materials, equipment, and
vehicles.
 Notification procedures for adjacent
property owners and public safety
personnel regarding when major
The project
applicant shall
develop and
submit a
construction
management plan
that specifies
measures that
would reduce
impacts to the
circulation system
during the
construction
period, as
required by
The Foster City Public
Works Department
and/or Community
Development
Department, Building
Division shall review
and approve the
construction
management plan to
ensure that it adheres
to Mitigation Measure
TRANS-9.

Prior to the
issuance
demolition,
grading, or
building permits.

Date:

Signature:

7.1 Attachment 1 - City Resolution for Second Addendum and MMRP 342
Mitigation Monitoring and Reporting Program
Environmental
Impact Mitigation Measures
Implementation
Procedure
Agency Responsible
for Implementation/
Monitoring Action
Implementation
Timing
Date
Completed/
Signature
deliveries, detours, and lane closures
will occur.
 Identification of haul routes for
movement of construction vehicles
that would minimize impacts on
vehicular and pedestrian traffic,
circulation and safety; and provision
for monitoring surface streets used for
haul routes so that any damage and
debris attributable to the haul trucks
can be identified and corrected by the
project applicant.
 Provisions for removal of trash
generated by project construction
activity.
 A process for responding to, and
tracking, complaints pertaining to
construction activity, including
identification of an on-site complaint
manager.

The measures outlined in the
construction plans shall be to the
satisfaction of the City and shall be
devised to reduce circulation impacts
during the construction period to the
maximum extent feasible.

Mitigation
Measure TRANS-9.

7.1 Attachment 1 - City Resolution for Second Addendum and MMRP 343
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY AMENDING

THE FOSTER CITY ZONING MAP TO MODIFY THE PREVIOUSLY APPROVED GENERAL DEVELOPMENT PLAN (GDP) FOR AN APPROXIMATELY 11.87-ACRE LAND KNOWN AS CHESS HATCH MASTER PLAN LOCATED AT 1155-1159, 1161- 1169, AND 1175-1191 CHESS DRIVE IN THE C-M/PD (COMMERCIAL MIX/PLANNED

DEVELOPMENT COMBINING) DISTRICT WITH AN AMENDED GDP REMOVING

OFFICE AS A PRIMARY USE AND UPDATING ASSOCIATED EXHIBITS TO

FACILITATE THE GILEAD CAMPUS EXPANSION PROJECT TO ALLOW UP TO 800,000 SQUARE FEET (SF) OF BIOTECHNIOLOGY OR RESEARCH AND DEVELOPMENT (R&D) USES WITH A REDUCED PARKING RATIO (APNs: 094-010- 500, 094-010-510, 094-010-100) -- GILEAD SCIENCES, INC -- RZ2025-0005

CITY OF FOSTER CITY
WHEREAS, on November 2, 2009, the City Council certified a Final Environmental Impact Report (EIR) for the Chess-Hatch Master Plan (“Approved Project”) and adopted a Mitigation Monitoring and Reporting Program (MMRP) through Resolution No. 2009-91 for the Project in pursuant to the requirements of the California Environmental Quality Act (“CEQA”); and
WHEREAS, the lead agency of Foster City (“City”) prepared an Addendum to the EIR to analyze the potential environmental impacts of changes to the Approved Project and the Initial Study/Addendum (First Addendum) was completed and adopted in 2013 by Resolution No. P-15-13; and
WHEREAS, on September 3, 2013, the City Council approved an Ordinance approving an amendment to the Foster City Zoning Map and a GDP for the +/- 11.89 gross acres to change the zoning designation from M-1/PD (Light Industrial/Planned Development) to C-M/PD with a GDP to allow up to 800,000 SF of Office, Biotechnology, or Research and Development (R&D) uses (Ordinance 573); and WHEREAS, on February 14, 2025, Gilead Sciences, Inc. (“Applicant”) submitted a Preliminary Review (PR2025-0003) application for the proposed Gilead Campus Expansion project (“Project”) on the subject 11.87-acre property; and WHEREAS, subsequently, the applicant submitted applications for: (i) an Environmental Assessment (EA2025-0001) to evaluate the potential environmental impacts of a proposed project; (ii) a General Development Plan (GDP) Amendment (RZ2025-0005) to amend the Chess Hatch GDP to remove office as a primary use and allow up to 800,000 SF or biotechnology and Research and Development (R&D) use; (iii) a Use Permit (UP2025-0012) to allow the construction of Phase 1, including an approximately 175,000 SF R&D building with ancillary uses, and (iv) a Vesting Tentative Parcel Map Application relocating one (1) existing parcel line and documenting disposition of existing and created easements to facilitate the proposed project located at Chess Drive/Hatch Drive area; and

7.1 Attachment 2 - Ordinance for General Development Plan Amendment and Exhibits 344
WHEREAS, the Applicant requested to remove office use from the allowable uses, without changing the total developable square footage of 800,000 SF and will require the approval of amendment to the Foster City Zoning Map to modify the previously approved GDP in the C-M/PD District with an amended GDP removing office as a primary use and updating associated exhibits to facilitate the Project; and WHEREAS, the Applicant is requesting a reduced parking ratio of 1.2 space/1000 SF and a further reduction of 15% with an adequate Transportation Demand Management (TDM) plan; and
WHEREAS, the Applicant submitted a parking study and TDM plan to support the reduced parking ratio for the project; and
WHEREAS, pursuant to the CEQA, the City prepared an Initial Study (“IS”) to analyze and disclose all potential environmental impacts associated with a Project; and WHEREAS, when a previously certified Environmental Impact Report (EIR) has been prepared, an addendum can be prepared to build on or “tier” from the previous analysis if it meets CEQA Guidelines Section 15164; and WHEREAS, none of the conditions described in Public Resources Code Section 21166 or CEQA Guidelines Section 15162 calling for preparation of a subsequent environmental document have occurred; and
WHEREAS, the IS is a project-level analysis and includes all applicable technical reports for the proposed Project and based on this analysis, it was determined that the Project did not meet the criteria in Section 15162 of the CEQA Guidelines; and WHEREAS, for the above noted reasons, a Second Addendum to the ChessHatch Master Plan Environmental Impact Report (“Second Addendum”) was prepared; and
WHEREAS, where appropriate, the Second Addendum evaluates new significance criteria using the environmental checklist questions in Appendix G of the 2025 CEQA Guidelines; and
WHEREAS, full public involvement in the review of the Project has been ensured through duly noticed Planning Commission Study Sessions, Planning Commission and City Council public hearings and other means, including the following:
• On May 19, 2025, the City Council approved Task Order PLWS-2025-01 with PlaceWorks, Inc. to provide environmental review and documentation (Initial Study) for the Project.
• On June 16, 2025, a Gatekeeper Meeting was held at a City Council hearing to introduce the preliminary Project proposal, review the preliminary transportation study results, provide an overview of the anticipated environmental analysis and

7.1 Attachment 2 - Ordinance for General Development Plan Amendment and Exhibits 345
required studies, and seek input on the proposed Project and the associated environmental review.
• On December 4, 2025, Planning Commission Study Session #1 to formally introduce the Project and the requested entitlements and to seek public input. • On February 5, 2026, Planning Commission Study Session #2 to respond to questions and comments presented by the Planning Commission on December 4, 2025, Study Session and to review next steps.
• On April 23, 2026, Planning Commission Study Session #3 to review and provide input on the Environmental Assessment and Fiscal Impact Analysis prepared for the proposed Project.
• On May 21, 2026, the Planning Commission reviewed and considered the following actions and recommendations: 1) a resolution of the Planning Commission recommending the City Council approve the Second Addendum to the Chess-Hatch Master Plan Environmental Impact Report (EIR, SCH#2008122065), and addenda thereto, with the proposed Gilead Campus Expansion Master Plan Project - up to 800,000 square feet (SF) of research and development (R&D) and ancillary uses, located in the Chess Drive/Hatch Drive area (EA2025-0001), 2) a resolution of the Planning Commission approving a Specific Development Plan/Use Permit to allow the construction of Phase 1 of the proposed Gilead Campus Expansion Master Plan Project, including an approximately 175,000 SF research and development building (‘New Chess Facility/B1165 Building’) with ancillary uses, located in the Chess Drive/Hatch Drive area, 3) a resolution of the Planning Commission recommending the City Council approve an ordinance amending the Foster City Zoning Map to modify the previously approved General Development Plan (GDP) for an approximately

WHEREAS, the Planning Commission is required by state law to hold at least one (1) public hearing before recommending adoption of an amendment to the City’s Zoning Map and the current GDP; and
WHEREAS, a Notice of Public Hearing was duly published on June 3, 2026, in the Foster City Islander for consideration of the General Development Plan Amendment at the City Council meeting of June 15, 2026; and on said date the Public Hearing was opened, held and closed; and
WHEREAS, the Planning Commission reviewed the Second Addendum, all of the CEQA documents, staff reports, supplemental memorandums, and background reports on May 21, 2026, and all relevant evidence in the record and recommended City Council

7.1 Attachment 2 - Ordinance for General Development Plan Amendment and Exhibits 346
approval of the Second Addendum and MMRP to the Chess Hatch Master Plan EIR and addenda thereto, with the proposed project, by the adoption of Resolution P-06-26; and WHEREAS, the Planning Commission reviewed all of the plans, CEQA documents, staff reports, supplemental memorandums, and background reports on May 21, 2026, and all relevant evidence in the record and recommended City Council approval of the ordinance to approve the General Development Plan Amendment by adoption of Resolution P-07-26; and
WHEREAS, in connection with the proposed GDP Amendment and the City Council’s review of Addendum No. 2, the City Council has independently reviewed all of the CEQA documents in the record and has exercised its independent judgment in making the findings and determinations set forth herein; and WHEREAS, the City Council of the City of Foster City carefully reviewed and considered the staff report and all attachment thereto presented as part of the agenda for the public hearing regarding the proposed ordinance to amend the Foster City Zoning Map any and all timely submitted correspondence, all information submitted at or prior to the public hearing, and all public comment and testimony presented at the public hearing (collectively, the Record).

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF FOSTER CITY DOES ORDAIN AS FOLLOWS:

Section 1. The foregoing Recitals are true and correct and are incorporated herein by this reference.

Section 2. The City Council does hereby find and determine based upon the aforementioned Record as follows:

A. The Public Hearing was properly noticed and conducted in accordance with State law (Government Code Section 65854) and the Foster City Municipal Code; and B. Pursuant to Foster City Municipal Code Section 17.36.030.E, a. The planned development complies with the applicable provisions of the adopted city general plan, because it is consistent with General Plan goals and policies, including LUC-C-9 Parcels Adjacent to Waterways, LUC-C-12-a Periodic Monitoring of Land Uses Throughout the City, LUC-C-13 Conformance with Chapter 17.68, LUC-D-1 Meeting Commercial and Industrial Land Use Needs, LUC-D-9 Design Review of Commercial and Industrial Projects, LUC-D-10 Health and Safety Performance Standards for Industrial and Commercial Activities, LUCD-11 Businesses Using Hazardous Materials, LUC-E-5 Access to New Commercial and Industrial Projects, LUC-F-1 Traffic Level of Service Standards, LUC-F-3 Employer-based Trip Reduction, LUC-G Provide Adequate Parking, LUC-G-1 Parking and Internal Circulation in Project Design, LUC-G-5 Bicycle Parking, LUC-H-2 Reduce GHG Emissions, LUC-H-5-a Tree and Landscape Program, LUC-K-1 Redevelopment Opportunities, and LUC-K-2 Consistency with City’s Infrastructure.

7.1 Attachment 2 - Ordinance for General Development Plan Amendment and Exhibits 347
b. The planned development complies with the city’s applicable objective design and development standards because the Project was evaluated and found consistent with the provisions of applicable FCMC regulations and Chess Hatch Design Principles, incorporating proper site planning and architectural design per LUC-B, and would not result in more visual impacts in the Second Addendum as it pertains to building design (i.e., massing and glare) and operations than the certified EIR. In particular, the Phase 1 building would be a two-story lab building in the middle of the overall project site to accommodate large equipment for intended tasks and is proposed to be built in the middle of the project site to reduce vibration/noise impacts from the roadways. The building would be solid and rectangular in form so that the floor plates are similar in size and the curves, angles, arcades and cantilevers would act as punctuation to the overall design. Future Phase 2 will feature two taller signature buildings acting as bookends to define the campus edges and reinforce its identity, including an eight-story gateway building at the intersection of Foster City Boulevard and Chess Drive will mark the campus arrival. The Project, as conditioned, shall incorporate architectural screening for the Phase 2 parking structure to ensure appropriate shielding from city gateways. Furthermore, Phase 2 R&D buildings would be required to continue to implement mitigation measure VIS-1a and VIS-1b along with conditions of approval that would require project-specific design review at time of proposal. Furthermore, the Project is proposing development standards included in Exhibit A to support the development of the site.
c. Utility and service providers have verified that the proposed facilities will meet the needs of the population densities and land uses proposed. The Water Supply Assessment was provided by the applicant and reviewed by Estero Municipal Improvement District. As part of the environmental assessment, a Utility Impact Study was also prepared to confirm EMID’s existing sewer system has the capacity to support both Phase 1 and Phase 2 of the proposed Project and future cumulative conditions and if any repairs to the system would be necessary to accommodate the proposed project plus future cumulative conditions.
d. The proposed ratios for off-street parking are consistent with the parking regulations of the city, as provided in Chapter 17.62 because FCMC Section 17.36.060 allows for deviation from parking standards based on (1) parking analysis and (2) transportation systems management plan (TSM)/travel demand management (TDM) plan. The Applicant has provided the required parking study pursuant to Section 17.36.060 demonstrating how and why the proposed parking ratio of 1.2 spaces per 1,000 SF would work with the new campus, and was made part of the record. The Applicant also submitted a TDM program (Exhibit D) employing all of the amenities and incentives known to reduce singleoccupancy vehicle trips to the campus. The parking analysis includes a parking demand study that demonstrates that the demand for the proposed use is less than the minimum off-street parking otherwise required per the Code as indicated by collecting parking data from a

7.1 Attachment 2 - Ordinance for General Development Plan Amendment and Exhibits 348
similar campus (South Campus) at the main Gilead campus. Staff will continue to be monitored through the implementation of the TDM plan.

Section 3. That the Foster City Zoning Map is amended to modify the previously approved GDP for an approximately 11.87-acre land known as Chess Hatch Master Plan located at 1155-1159, 1161-1169, and 1175-1191 Chess Drive in the C-M/PD (Commercial Mix/Planned Development Combining) District with an amended GDP removing office as a primary use and updating associated exhibits to facilitate the proposed Gilead Campus Expansion Project (APNs: 094-010-500, 094-010-510, 094-010-100) as shown on Exhibits A, B, C, D and E, attached hereto and incorporated herein and subject to the conditions of approval as shown on Exhibit C, attached and hereto and incorporated herein.

Section 4. Severability. If any section, subsection, sentence, clause, or phrase of this chapter is held to be invalid or unconstitutional including by any court with jurisdiction, such decision shall not affect the validity of the remaining portions of this article. The City Council declares that it would have passed this article, and each section, subsection, clause, or phrase thereof, irrespective of the fact that any one or more other sections, subsections, clauses, or phrases may be declared invalid or unconstitutional.

Section 5. Taking Effect. This ordinance shall take effect thirty (30) days following its final passage.

Section 6. Posting. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall have it posted in three (3) public places designated by the City Council.

This Ordinance was introduced and read on the ___day of ____, 2026, and passed and adopted on the _____ day of ________ , 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________

ART KIESEL, MAYOR
ATTEST:
______________________________

PRISCILLA SCHAUS, CITY CLERK

7.1 Attachment 2 - Ordinance for General Development Plan Amendment and Exhibits 349
EXHIBIT A: GENERAL DEVELOPMENT STANDARDS

AMENDED GENERAL DEVELOPMENT PLAN FOR

FOR THE GILEAD CAMPUS EXPANSION MASTER PLAN PROJECT
(FORMERLY CHESS HATCH MASTER PLAN)
APNs: 094-00-500, 094-00-510, 094-010-100
Description: The CM/PD (Commercial Mix/Planned Development) District of the ±11.87-acre lands bounded by Foster City Boulevard, Chess Drive, Foster City Lagoon and State Route 92 (APN: 094-010-100, -500, -510). The project site contains a General Development Plan to allow up to 800,000 square feet of biotechnology or research and development uses, a multistory parking structure and at-grade parking lots in two phases; accessory uses, such as commercial, industrial or light assembly uses which are incidental or supportive to the primary biotechnology or research and development uses; or other uses which, in the opinion of the planning director, are similar to and no more offensive than the above-listed uses; with up to 5,000 square feet of the total Project square footage to be used for retail, restaurant or other business-supporting ancillary commercial amenities; except that the following uses are excluded:
housing, schools, day care, and other uses primarily serving children.

GILEAD CAMPUS EXPANSION MASTER PLAN
Zoning C-M/PD (Commercial Mix/Planned Development)
Uses
Permitted Uses: • Biotechnology or Research and Development and accessory uses which are incidental or supportive
to the primary use;
• Up to 5,000 square feet of business-supporting
ancillary use.

Prohibited Uses Housing, schools, day care, and other uses primarily serving children.

Site Development Standards
Front Setback along Chess Drive 30 feet
Setback along Foster City Blvd 20 feet
Setback along HWY 92 20 feet
Setback along City lagoon 20 feet
Side Setback for Parcel 3 (North of
the site)
20 feet
Max Height 190 Feet
Massing Step down in height from north to south (Foster City lagoon to Foster City Blvd) to create a gradual transition in scale.

Max FAR (Full Build-Out) 1.55
Parking Ratio 1.2 Spaces/1,000 SF for R&D with 15% reduction for TDM plan (see Note)
Other standards
Gateway Landscape Area and
public-facing amenity
Corner of Chess Drive and Foster City Boulevard
Activation of Foster City Lagoon Onsite lagoon edge, in northwest direction.

Note: Parking Ratio pursuant to approved parking reduction study and TDM plan

7.1 Attachment 2 - Ordinance for General Development Plan Amendment and Exhibits 350
EXHIBIT B: PHASING

The project includes two (2) development phases:
• Phase 1: Construction of up to a maximum 200,000-square-foot square feet, twostory research and development lab building with ancillary office uses and surface parking.
• Phase 2: Construction of up to 600,000 square feet of R&D uses and a multi-story parking structure.
• Maximum 800,000, total campus square footage. Remaining square footage from Phase 1 may be utilized for Phase 2.

The site layout is provided to generally depict phasing, the location of proposed building massing, gateway landscape area, and lagoon-edge activation, as follows:
o Massing. Buildings to visually step down from north to south (Foster City lagoon to Foster City Blvd).
o Gateway Landscape Area and public-facing amenity [Note 1]. On the corner of Chess Drive and Foster City Boulevard, the project shall include an onsite public-facing amenity, in addition to landscaping. Refer to Condition No. 9 of Exhibit C. o Activation of Foster City Lagoon [Note 2]. The project shall incorporate an activated lagoon edge along the Foster City lagoon through enhanced landscaping and site design that responds to the area adjacent to the lagoon. This may include a pathway or other similar usable outdoor area to be utilized by Gilead employees. Final design shall be subject to the review and approval of the Community Development Director. Refer to Condition No. 13 of Exhibit C.
o Garage: Garage structure shall not front Chess Drive.

7.1 Attachment 2 - Ordinance for General Development Plan Amendment and Exhibits 351
EXHIBIT C: CONDITIONS OF APPROVAL

1. A use permit(s) shall be issued prior to development of any new buildings/structures pursuant to Foster City Municipal Code Section 17.36.040, as amended.

2. An application for a use permit shall include and be accompanied by a specific development plan pursuant to FCMC Section 17.36.050, as amended.

3. Compliance with MMRP. In all phases of the project, the Project applicant shall comply with the Mitigation Monitoring and Reporting Program (MMRP) adopted with Gilead Campus Expansion Master Plan Project Addendum on _____ by City Council (Reso. No. _____).

4. Transportation Demand Management (TDM) Plan. A fifteen percent (15%) reduction in required parking will be permitted in accordance with the implementation of the Transportation Demand Management (TDM) Plan on file (Exhibit D of this GDP Ordinance ___) and in accordance with the Parking Agreement with the City, and shall be maintained for the life of the project. In addition, the parking ratio for R&D in the Gilead Sciences Campus Expansion Master Plan Project will be 1.2 spaces per 1,000 square feet of Research and Development space. The applicant shall provide annual compliance reports to the CDD Director.

5. Unless expressly provided otherwise in the PD zoning ordinance, the general provisions of the city zoning ordinance which apply to all zones also apply to PD districts.

6. The Use Permit (UP2025-0012) associated with the implementation of the Gilead Campus Expansion Master Plan Project includes a Vesting Tentative Map (RS2025-0002).

Pursuant to Section 16.32.050, as amended, a Vesting Tentative Map shall be valid for period of twelve (12) months. Therefore, the Use Permit shall expire twelve (12) months from the date of approval or conditional approval by the Planning Commission. Such approval or conditional approval may be extended for a period not to exceed two additional years by the planning commission upon written request, providing such request is made prior to the expiration of the one-year approval or conditional approval period, per Section

16.32.050, as amended.

7. Amendments.

A. Changes in the Gilead Campus Expansion Master Plan Project General Development Plan shall be considered the same as changes in the zoning map, and shall be made in accordance with the procedures set forth in Chapter 17.74, as amended.

B. Changes to the Use Permit (UP2025-0012) shall be made in accordance with the procedures set forth in Chapter 17.06, as amended.

8. Hazardous Materials List. The Project applicant shall provide the Community Development Director and Fire Chief a Hazardous Materials Business Plan (HMBP) indicating handling and transporting of materials and spills prevention and response plan; and a hazardous materials list of all hazardous materials used on site prior to Certificate of Occupancy (of Phase 1 and Phase 2). If new hazardous materials not on the list are utilized onsite, the applicant shall provide the Community Development Director and Fire Chief, an updated HMBP and hazardous materials list, for the life of the project.

7.1 Attachment 2 - Ordinance for General Development Plan Amendment and Exhibits 352
Phase 1:

9. Prior to Certificate of Occupancy, the Project applicant shall submit a design concept and site layout for the public-facing amenity open space (‘Gateway Landscape Area’) to be located at the corner intersection of Foster City Boulevard and Chess Drive. In addition to landscaping, the design concept shall include signage and physically permanent interactive amenities that connect the public realm with the open space and/or include other visual interest elements that provide an interactive experience. The final concept and site layout shall be reviewed and approved by the Community Development Director.

Phase 2:

10. Circulation Analysis. Prior to approval of Phase 2 development by the Planning Commission or appropriate decision-making body, the applicant shall retain a qualified professional to conduct an on-site circulation analysis to confirm the proposed site ingress/egress locations are adequate. The analysis shall identify any necessary modifications to improve site circulation. The analysis shall also identify any necessary modifications, including potential relocation of driveways or implementation of turning restrictions on the westernmost driveway on Chess Drive. The analysis shall be reviewed by the City Engineer and the applicant shall make any modifications determined by the City Engineer to be necessary to improve circulation at ingress/egress locations.

11. Garage Screening. The Project applicant shall incorporate façade screening into the design of the multi-story parking structure. The parking structure screening shall be of compatible materials (in terms of color palette and materiality of Phase 1 and Phase 2 buildings) and screen openings on the parking structure’s façades such that no vehicles are visible from any floors when viewed from Foster City Boulevard or Highway 92.

12. Garage Location. At no time shall the parking garage structure be placed fronting Chess Drive.

13. Enhance lagoon edge on Project site. The final concept will be reviewed and approved by the Community Development Director with the Phase 2 Use Permit. After issuance of Building Permit for construction but prior to Certificate of Occupancy of first Phase 2 building, the Project shall incorporate design features to treat the lagoon edge. This may include a pathway or other similar usable outdoor area to be utilized by Gilead employees.

14. Public Improvements
a. Traffic Impact Analysis. Prior to approval of any subsequent phases of development (Phase 2), the applicant shall conduct a subsequent Traffic Impact Analysis utilizing LOS and ensuring the Project does not incur an additional 4 second delay or greater at any of the following intersections that is operating unacceptably without the Project per adopted Foster City Land Use and Circulation Element dated February 1, 2016.

1. Foster City Boulevard/Vintage Park Drive-Chess Drive

2. Vintage Park Drive/Chess Drive

3. SR 92 WB Ramps/Chess Drive

4. Foster City Boulevard/Chess Drive

5. SR 92 EB Ramps/Metro Center Boulevard

6. Foster City Boulevard/Metro Center Boulevard

7.1 Attachment 2 - Ordinance for General Development Plan Amendment and Exhibits 353
If a 4 second delay or greater is identified, physical improvements to the intersections may be necessary to minimize intersection delays caused by the Project. Any improvements, if needed, would be the responsibility of the applicant to install and in proportion to the Project's fair share contribution to the delay. If Foster City adopts a new Land Use Circulation Element prior to Phase 2, the project will be subject to the new Element.

15. Signage. New onsite signs shall follow the sign review process in Section 17.59.040, as amended, of the Municipal Code.

16. Tree Removal and Site Disturbance. Prior to tree removal of ground disturbance, whichever occurs first, that may directly or indirectly affect nesting raptors and other protected avian species shall be timed to avoid the breeding and nesting seasons (February 1 through August 31). If construction activities must occur during the breeding and nesting season, a qualified biologist shall conduct pre-construction surveys for nesting raptors and other protected avian species within 300 feet of the proposed construction activities. Pre-construction surveys should be conducted no more than seven (7) days prior to the start of tree removal and/or the construction activities during the early part of the breeding season (February through April) and no more than 14 days prior to the initiation of these activities during the late part of the breeding season (May through August). If raptors or other protected avian nests are identified during the preconstruction surveys, the qualified biologist would notify the project proponent and an appropriate no-disturbance buffer would be imposed within which no construction activities or disturbance would take place (generally 300 feet in all directions for raptors; other avian species may have species-specific requirements) until the young of the year have fledged and are no longer reliant upon the nest or parental care for survival, as determined by a qualified biologist. If no raptors or other protected avian nests are identified during the pre-construction surveys, construction activities, including vegetation and/or tree removal, may proceed with measures/recommendations as determined by the qualified biologist.

7.1 Attachment 2 - Ordinance for General Development Plan Amendment and Exhibits 354
EXHIBIT D: TDM Plan

7.1 Attachment 2 - Ordinance for General Development Plan Amendment and Exhibits 355

7.1 Attachment 2 - Ordinance for General Development Plan Amendment and Exhibits 356

7.1 Attachment 2 - Ordinance for General Development Plan Amendment and Exhibits 357

7.1 Attachment 2 - Ordinance for General Development Plan Amendment and Exhibits 358

7.1 Attachment 2 - Ordinance for General Development Plan Amendment and Exhibits 359

7.1 Attachment 2 - Ordinance for General Development Plan Amendment and Exhibits 360
EXHIBIT E: LEGAL DESCRIPTIONS
Real property in the City of Foster City, County of San Mateo, State of California, described as follows:

PARCEL 1:

LOT 7, AS SHOWN ON THAT CERTAIN MAP ENTITLED "TRACT NO. 820 FOSTER CITY INDUSTRIAL PARK NO. 1 IN UNINCORPORATED TERRITORY SAN MATEO COUNTY, CALIFORNIA", FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN MATEO COUNTY, STATE OF CALIFORNIA, ON JANUARY 15, 1964 IN BOOK 59 OF MAPS AT PAGE(S) 35, 36 AND 37.APN: 094-010-100
PARCEL 2:

ALL OF PARCEL A, AS SAID PARCEL IS DELINEATED AND SO DESIGNATED UPON THAT CERTAIN MAP ENTITLED, "PARCEL MAP 11-73, IN THE INCORPORATED TERRITORY OF

MATEO COUNTY RECORDS AND ALSO BEING A RESUBDIVISION OF A PORTION OF PARCEL "A", TRACT NO. 801, FOSTER CITY NEIGHBORHOOD NO. 1. UNIT NO. 1, RECORDED IN VOLUME 57 OF MAPS AT PAGES 32 TO 41, SAN MATEO COUNTY RECORDS, FOSTER CITY SAN MATEO CO. CALIFORNIA", FILED FOR RECORD DECEMBER 10, 1973, AND RECORDED IN BOOK 23
OF PARCEL MAPS AT PAGE 8, RECORDS OF SAID SAN MATEO COUNTY.

PARCEL 3:

ALL OF PARCEL "B", AS SAID PARCEL IS DELINEATED AND SO DESIGNATED UPON THAT CERTAIN MAP ENTITLED, "PARCEL MAP 11-73, IN THE INCORPORATED

TERRITORY OF THE CITY OF FOSTER CITY, COUNTY OF SAN MATEO, STATE OF CALIFORNIA, BEING A RESUBDIVISION OF LOTS 8, 9, 10, 11 & 12 AS SHOWN ON TRACT MAP NO. 820, FOSTER CITY INDUSTRIAL PARK NO. 1, RECORDED IN VOLUME 59 OF MAPS PAGE 35, SAN MATEO COUNTY RECORDS AND ALSO BEING A RESUBDIVISION OF A PORTION OF PARCEL 'A' TRACT NO. 801, FOSTER CITY NEIGHBORHOOD NO. 1, UNIT NO. 1, RECORDED IN VOLUME 57 OF MAPS AT PAGES 32 TO 41, SAN MATEO COUNTY RECORDS, FOSTER CITY, SAN MATEO COUNTY, CALIFORNIA", FILED FOR RECORD DECEMBER 10, 1973, AND RECORDED IN BOOK 23 OF PARCEL MAPS AT PAGE 8, RECORDS OF SAID SAN MATEO COUNTY.

APN(S): 094-010-500 AND 094-010-510

7.1 Attachment 2 - Ordinance for General Development Plan Amendment and Exhibits 361
-1-
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY APPROVING AND

AUTHORIZING THE MAYOR TO EXECUTE A PARKING AGREEMENT BETWEEN THE CITY OF FOSTER CITY AND GILEAD SCIENCES, INC. FOR THE PROPOSED GILEAD CAMPUS EXPANSION PROJECT - UP TO 800,000 SQUARE FEET OF RESEARCH AND

DEVELOPMENT (R&D) AND ANCILLARY USES, LOCATED IN THE CHESS DRIVE/HATCH DRIVE AREA (APNs: 094-010-500, 094-010-510, 094-010-100) – GILEAD SCIENCES, INC.

CITY OF FOSTER CITY
WHEREAS, Gilead Sciences, Inc. (“Applicant”) submitted applications for: (i) an Environmental Assessment (EA2025-0001) to evaluate the potential environmental impacts of a proposed project; (ii) a General Development Plan (GDP) Amendment (RZ2025-0005) to amend the Chess Hatch GDP to remove office as a primary use and allow up to 800,000 SF of biotechnology and Research and Development (R&D) use; (iii) a Use Permit (UP2025-0012) to allow the construction of phase 1, including an approximately 175,000 SF of R&D building with ancillary uses, and (iv) a Vesting Tentative Parcel Map Application relocating one (1) existing parcel line and documenting disposition of existing and created easements to facilitate the proposed project located at Chess Drive/Hatch Drive area; and WHEREAS, the applicant is proposing a parking ratio of 1.2 spaces per 1,000, and WHEREAS, pursuant to Foster City Municipal Code Section 17.62.060.D.3, where a TDM Plan is used to support a reduction in required parking, a written agreement between the landowner and the City is required to ensure implementation, monitoring and continued compliance; and
WHEREAS, the agreement is subject to the Planning Commission and City Council approval; and
WHEREAS, the Planning Commission reviewed and considered the parking agreement on May 21, 2026, and recommended the City Council to approve and authorize the mayor to execute a parking agreement by adoption of Resolution No P-10-26; and, WHEREAS, a Notice of Public Hearing was duly published on June 3, 2026, in Foster City Islander for consideration of the Environmental Assessment, General Development Plan/Rezoning, and Parking Agreement at the City Council meeting of June 15, 2026; and on said date the Public Hearing was opened, held and closed.

1. The project complies with 17.62.060.D.3 by providing a parking analysis, parking memo, and a TSM/TDM to make findings for additional 15% parking reduction; and

2. The parking analysis include clear rationale describing how and when the proposed parking will work, the parking analysis include a parking demand study that demonstrates that that parking demand for the propose use is less than minimum off-street parking otherwise required in Section 17.62.60 based on a similar use in another close by campus

7.1 Attachment 3 - City Resolution for Parking Agreement 362
-2-
at the Gilead Main Campus site, and a TDM program is provided for the lifetime of the project to maintain the adequacy of the reduce parking request; and,

3. The TDM includes strategies such as on-site secure bicycle storage, shower, lockers and changing rooms; commuter shuttle drop off/pick-up at 1149 Chess Drive (300 feet from project site); the guaranteed ride home program; commuter subsidy program, and others as listed in the TDM Plan.

NOW, THEREFORE, BE IT RESOLVED that the City Council, does hereby approve the parking agreement with Gilead Sciences, Inc. as shown in Exhibit A and hereby authorizes the Mayor to execute the Agreement.

PASSED AND ADOPTED by the City Council of the City of Foster City at a Regular Meeting thereof held on June 15, 2026, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________________

ART KIESEL, MAYOR
ATTEST:
______________________________

PRISCILLA SCHAUS, CITY CLERK

7.1 Attachment 3 - City Resolution for Parking Agreement 363
-3-

PARKING AGREEMENT
This PARKING AGREEMENT ("Agreement") is entered into as of this __ day of ____, 2026, by and between GILEAD SCIENCES, INC., a Delaware corporation ("Gilead") and CITY OF FOSTER CITY, a California municipal corporation ("City").

RECITALS
A. Gilead owns that certain real property located at 1155, 1157, 1159, 1161, 1163, 1165, 1167, 1169, 1175, 1181, 1185, Chess Drive in Foster City, California, more particularly described in Exhibit A attached hereto.

B. Concurrently with approval of this Agreement, the City introduced Ordinance No. ___ to amend the General Development Plan (“GDP”) real properties noted above for the Gilead Campus Expansion Project for the (" Project").

C. In accordance with the Foster City Off-Street Parking Ordinance, Chapter 17.62 of the Foster City Municipal Code, the Master Plan proposes to satisfy the City's requirements for off-street parking through the following: (1) a reduced parking ratio for laboratory buildings within a biopharmaceutical campus (Section 17.62.060 B.5.f); (2) shared parking facilities (Section 17.62.060 D.1); and (3) a transportation systems management ("transportation demand management" or "TDM") plan that reduces the number of required off-street parking stalls (Section 17.62.060 D.3). As such, the Foster City OffStreet Parking Ordinance requires a written agreement between the City and Gilead regarding Gilead's satisfaction of the City's off-street parking requirements.

D. The Project Conditions of Approval, approved concurrently herewith, require a written agreement between the City and Gilead for off-street parking pursuant to the provisions of Chapter 17.62 of the Foster City Municipal Code.

NOW THEREFORE, in consideration of the mutual covenants contained herein, the City and Gilead enter into the following Agreement in satisfaction of the provisions of Chapter 17.62 of the Foster City Municipal Code and the Project Conditions of Approval requiring such agreement.

AGREEMENT

1. USE AND DISTRIBUTION OF PARKING SPACES

1.1. Project Parking Spaces. The Project Parking Spaces as stated in the General Development Plan (Ordinance ___) require off-street parking facilities and are deemed to be "on-site parking facilities" within the meaning of the Foster City Off-Street Parking Ordinance, Chapter 17.62 of the Foster City Municipal Code.

1.2. Shared Use. Any parking stall within the Project Parking Spaces may be used to serve any of the approved uses within the Project. There shall be no substantial change in use that would result in a greater demand for parking without the prior approval of the City.

1.3. Parking Distribution. Gilead shall distribute the Project Parking Spaces in accordance with the approved General Development Plan (Ordinance___) for the Project. If any substantial changes are proposed to the Project Parking Spaces, Gilead shall submit a parking analysis and plan to the City for review and approval.

1.4. Adequacy of Parking. The City may require parking facilities in addition to the approved Project Parking Spaces upon a finding by the City Council that adequate parking to serve

7.1 Attachment 3 - City Resolution for Parking Agreement 364
-4-
the Project uses has not been provided or has not been maintained in accordance with the GDP.

1.5. Transportation Demand Management (“TDM”) Plan. A fifteen percent (15%) reduction in required parking will be permitted in accordance with the implementation of the TDM Plan on file (Ordinance ___), and in accordance with this Parking Agreement with the City, and shall be maintained for the life of the project. The applicant shall provide annual compliance reports to the CDD Director.

2. REDUCED PARKING RATIO FOR RESEARCH AND DEVELOPMENT USE AND

LABORATORY BUILDINGS

2.1. Ratio. The parking ratio for the Project shall be 1.2 spaces per 1,000 square feet in a research and development or laboratory building.

2.2. Detachment; Transfer of Title. The reduced parking ratio provided in Section 2.1 above shall apply to research and development or laboratory buildings in the Project only. If a laboratory building is removed or changed from the Project, or if title to a laboratory building is transferred to an entity other than Gilead and its affiliates, successors, and assigns, then at the discretion of the City such laboratory building may be subject to the parking requirements in effect at the time of such removal or transfer of title for similar buildings in the City that are not located within the Project.

3. TRANSPORTATION SYSTEMS MANAGEMENT PLAN

3.1. Transportation Coordinator. Gilead shall establish a transportation coordinator, whose purpose is to ensure that the transportation systems management plan is successful.

Gilead shall promptly provide the City with the name and contact information for the transportation coordinator, once designated, and shall promptly notify the City of any changes to that information.

3.2. Change in Transportation Systems Management Techniques. Gilead's TDM plan dated April 14, 2026 and attached as Exhibit ___ to Ordinance No. ____ approving the Project shall not be substantially diminished, suspended, eliminated, or in any way operated at a lower level of effort without prior City approval.

3.3. Annual Report. Applicant shall provide an annual report to the City, consistent with the annual reporting timeframe of the Parking Agreement of the Integrated Campus Parking per City Council Resolution No. 2013-82, reviewing the prior year's efforts to encourage employees to use transportation systems management techniques, and an accounting of the number of employees who actually and regularly utilize the techniques when traveling to and from the Project. The annual report will also update that section of the TDM plan outlining efforts to increase employee participation in the transportation systems management program during the coming year.

4. MISCELLANEOUS

4.1. Notice. All notices and other communications under this Agreement shall be in writing and shall be personally delivered or sent by overnight service or by registered mail, return receipt requested, postage prepaid. Notice shall be deemed given as of the date of delivery in person or as of the date of deposit in any post office or post office box regularly maintained by the United States Postal Service, unless otherwise stated herein. Notices shall be delivered, as appropriate, to:

7.1 Attachment 3 - City Resolution for Parking Agreement 365
-5-
If to City: City of Foster City
610 Foster City Boulevard Foster City, CA
94404
Attn: Community Development Director
with a copy to: City Attorney
[ADDRESS NEEDED]
ATTN: ___
If to Gilead: Gilead Sciences, Inc.
333 Lakeside Drive Foster City, CA 94404
Attn: General Counsel, Real Estate
Any party may change such address by notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address.

4.2. Default; Termination. An event of default shall occur hereunder upon the failure of Gilead to fulfill or perform any obligation required to be fulfilled or performed by Gilead hereunder, unless cured within thirty (30) days after the City provides notice of the breach, or if such breach cannot reasonably be cured within thirty (30) days, if Gilead commences a cure within thirty (30) days and diligently prosecutes such cure to completion. Upon the occurrence of a default, or with other due cause, the City may, following a noticed public hearing, unilaterally modify, amend, or terminate this Agreement. Upon any such termination by the City, Gilead shall be required to commence construction of an adequate amount of off-street parking that meets the requirements of the existing parking ordinance at the time Ordinance No. ____ was approved in accordance with all other applicable laws and regulations.

4.3. Amendment. Any amendment to this Agreement which does not substantially affect its terms shall be deemed an administrative amendment and shall not, except to the extent otherwise required by law, require notice or public hearing and such amendment may be approved by the City's Community Development Director in a form acceptable to the City Attorney. Any amendment to this Agreement that would substantially affect its terms shall require City Council approval.

4.4. Successors. This Agreement shall bind, and the benefits inure to, the Parties hereto and their respective successors in interest and assigns.

4.5. No Public Gift. Nothing contained herein shall be deemed to be a gift or dedication to the general public or for any public purposes whatsoever.

4.6. No Partnership. Nothing contained in this Agreement and no action by the Parties pursuant to this Agreement will be deemed to create a partnership or a joint venture.

4.7. Governing Law; Venue. This Agreement shall be construed and enforced in accordance with the laws of the State of California. Any action arising from or brought in connection with this Agreement shall be venued in a court of competent jurisdiction in the County of San Mateo, State of California.

4.8. Mediation. The Parties agree to make a good faith attempt to resolve any dispute arising out of this Agreement through mediation prior to commencing litigation. The Parties shall mutually agree upon the mediator and shall divide the costs of mediation equally.

4.9. Severability. If any provision of this Agreement is, to any extent, declared by a court to be invalid or unenforceable, the remainder of this Agreement will not be affected thereby.

7.1 Attachment 3 - City Resolution for Parking Agreement 366
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4.10. Effective Date; Recordation. This Agreement shall be recorded no earlier than 30 days following the second reading of Ordinance No. ____ and shall become effective on the date Ordinance No. ___ becomes effective. In the event Ordinance No. ___ is not adopted, this Agreement shall be void and without legal force or binding effect. [SIGNATURES APPEAR ON FOLLOWING PAGE]

7.1 Attachment 3 - City Resolution for Parking Agreement 367
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first above written by their respective officers duly authorized in that behalf.

CITY OF FOSTER CITY
Dated: _________________ ________________________________ ______________________, Mayor
ATTEST:

Dated: __________________ __ ______________________________ Priscilla Schaus, City Clerk

APPROVED AS TO FORM
Dated: _________________ ________________________________ Benjamin Stock, City Attorney

CONSULTANT
Dated: _________________ ________________________________ Type Name & Title of CONSULTANT Authorized to
Sign

7.1 Attachment 3 - City Resolution for Parking Agreement 368
-8-

EXHIBIT A
Description of the Expansion Project Boundary
APNs: 094-010-500, 094-010-510, 094-010-100
Real property in the City of Foster City, County of San Mateo, State of California, described as follows:

PARCEL 1:

ALL OF PARCEL A, AS SAID PARCEL IS DELINEATED AND SO DESIGNATED UPON THAT CERTAIN MAP ENTITLED, "PARCEL MAP 11-73, IN THE INCORPORATED TERRITORY OF

PARCEL 3:

ALL OF PARCEL "B", AS SAID PARCEL IS DELINEATED AND SO DESIGNATED UPON THAT CERTAIN MAP ENTITLED, "PARCEL MAP 11-73, IN THE INCORPORATED TERRITORY OF

THE CITY OF FOSTER CITY, COUNTY OF SAN MATEO, STATE OF CALIFORNIA, BEING A RESUBDIVISION OF LOTS 8, 9, 10, 11 & 12 AS SHOWN ON TRACT MAP NO. 820, FOSTER CITY INDUSTRIAL PARK NO. 1, RECORDED IN VOLUME 59
OF MAPS PAGE 35, SAN MATEO COUNTY RECORDS AND ALSO BEING A RESUBDIVISION OF A PORTION OF PARCEL 'A' TRACT NO. 801, FOSTER CITY NEIGHBORHOOD NO. 1, UNIT NO. 1, RECORDED IN VOLUME 57 OF MAPS AT PAGES 32 TO 41, SAN MATEO COUNTY RECORDS, FOSTER CITY, SAN MATEO COUNTY, CALIFORNIA", FILED FOR RECORD DECEMBER 10, 1973, AND RECORDED IN BOOK 23 OF PARCEL MAPS AT PAGE 8, RECORDS OF SAID SAN MATEO COUNTY.

APN(S): 094-010-500 AND 094-010-510

7.1 Attachment 3 - City Resolution for Parking Agreement 369

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kimley-horn.com 4637 Chabot Dr., Suite 300, Pleasanton, CA 94588 925-398-4840

MEMORANDUM
To: Mi Yang
Gilead Sciences, Inc.

From: Mike Mowery, P.E. and Elizabeth Chau, P.E.

Kimley-Horn and Associates, Inc.

Date: April 29, 2025
Subject: Gilead Sciences Campus Expansion Project & New Chess Facility - Integrated Campus Parking Study
This memorandum summarizes the results of a parking study conducted at the Gilead Sciences Integrated Campus in Foster City, California. The intent of the study is to determine the adequacy of Gilead Integrated Campus Master Plan parking ratios to be used to estimate parking demands of Gilead Campus Expansion Project at Chess/Hatch Property.

Background
Gilead Sciences plans to expand into an area of Foster City known as the Chess/Hatch Office Research Site, which is located west of State Route 92, north of Foster City Boulevard, east of Chess Drive, and south of a lagoon of Foster City Lake. The expansion would comprise up to 800,000 square feet of biotechnology R&D. It is anticipated that Chess/Hatch Office Research Site would operate similar as the Integrated Campus and would have similar parking demands as the Integrated campus as documented in the Gilead Integrated Campus Master Plan.

The Gilead Integrated Campus Master Plan parking ratios are shown in Table 1, as established in that plan approximately 17 years ago. This study seeks to confirm if those ratios are still consistent with the operations for Gilead Science, and therefore can be applied to the new Chess Dress campus.

Table 1: Gilead Integrated Campus Mater Plan Parking Ratios Building Type Derived Ratio
(spaces per 1,000 SF)
Office 4.0
Lab 1.2
Source: Gilead Integrated Campus Master Plan
Attachment 4 - Parking Study 7.1
Attachment 4 - Parking Study
370

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kimley-horn.com 4637 Chabot Dr., Suite 300, Pleasanton, CA 94588 925-398-4840 Data Collection
To validate Gilead Integrated Campus Master Plan parking ratios, 3 days of parking occupancy data was collected between 9 AM and 4 PM on Tuesday, Wednesday, and Thursday in March 2025 and April 2025, for the parking facilities within the South Campus of the Gilead Integrated Campus (South Campus) as shown in Figure 1. There is a total of 1,887 parking spaces throughout South Campus.

South Campus of Gilead Integrated Campus was selected because the majority of buildings in this area are similar R&D lab land uses being proposed at the Chess/Hatch site. Parking data was collected between 9 AM and 4 PM which reflects peak period from the 2008 parking assessment as well as time-of-day parking distribution for office R&D land uses within Institute of Transportation Engineers’ (ITE) Parking Generation Manual, 6th Edition.

Figure 1: Study Area
Source: Nearmaps, image date February 20, 2025
Note Building 331 is currently under construction.
324
333
331
346
353
335 355
357
368 362
344
342
Lakeside Dr
Mariners Island Blvd
Vintage Park Dr
Study Area

7.1 Attachment 4 - Parking Study
371

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kimley-horn.com 4637 Chabot Dr., Suite 300, Pleasanton, CA 94588 925-398-4840 Parking Occupancy
The total average and maximum occupied spaces were calculated for each hour and shown in Table

2. In addition, parking occupancy data was adjusted to account for building occupancies. It is assumed that building occupancy (the number of employees assigned to a building compared to building’s capacity based on Gilead’s current space planning standard) of 80% or higher reflects a fully occupied building. Current building occupancies at the time of the survey range from 28% to 100% of their employee capacity. The number of occupied spaces for buildings with less than 80% were adjusted upward to reflect an occupancy of 80% unless the building’s current occupancy is greater than 80%. Adjustments factors for building occupancy range from 1.00 to 1.32.

Parking occupancy data was also reviewed to determine if the parking occupancy reached “practical capacity” or a balance point between parking supply and demand. Practical capacity is when parking lots are typically viewed as fully occupied and drivers may find it difficult to find available parking and will have to circle or “cruise” to find a space before a parking lot has reached 100 percent capacity.

For office and lab facilities, where drivers are familiar with the parking lot, practical capacity would occur at 90 percent occupancy.

The peak parking occupancy for the South Campus area occurred between 11:00 AM and 12:00 PM.

During this hour, there was an average observed occupancy of 1,313 parking spaces (70%) and a maximum observed occupancy of 1,338 parking spaces (71%). When adjusting for building occupancy, there is an average occupancy of 1,390 parking spaces (74%) and maximum occupancy of 1,430 parking spaces (76%), respectively. Note existing parking data reflects a lower parking demand due to the transportation demand management program implemented for the whole Integrated campus.

Table 2: Total Existing Parking Occupancy
Time
Observed Adjusted for Building Occupancy
Average Maximum Average Maximum
Occupied
Spaces
%
Occupied
Occupied
Spaces
%
Occupied
Occupied
Spaces
%
Occupied
Occupied
Spaces
%
Occupied
9:00 AM 974 52% 1,020 54% 1,035 55% 1,100 58%
10:00 AM 1,225 65% 1,251 66% 1,298 69% 1,343 71%
11:00 AM 1,313 70% 1,338 71% 1,390 74% 1,430 76%
12:00 PM 1,279 68% 1,306 69% 1,352 72% 1,393 74%
1:00 PM 1,272 67% 1,303 69% 1,346 71% 1,381 73%
2:00 PM 1,258 67% 1,278 68% 1,332 71% 1,379 73%
3:00 PM 1,158 61% 1,170 62% 1,222 65% 1,265 67%
Note:

Total parking spaces: 1,887
Peak parking occupancy is bold and underlined.

7.1 Attachment 4 - Parking Study
372

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Foster City City CouncilJune 15, 2026

Foster City City Council
June 15, 2026