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Attachment 2 - Ordinance for General Development Plan Amendment and Exhibits

Foster City City Council
June 15, 2026

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Attachment 2 - Ordinance for General Development Plan Amendment and Exhibits
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June 15, 2026
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Foster City City Council
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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 UPDAT ING 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 P hase 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

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 Chess - Hatch 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

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, 202 6, 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 (EA202 5-0001), 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 document ing disposition of existing and created easements to facilitate the proposed Gilead Campus Expansion Project located at Chess Drive/Hatch Drive area (RS2025-0002).

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

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, LUC- D-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.

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 buil ding 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 buildi ng 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 sc reening 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 single- occupancy 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

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

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 develo pment uses, a multi - story 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

EXHIBIT B: PHASING

The project includes two (2) development phases:

• Phase 1: Construction of up to a maximum 200,000-square-foot square feet, two- story 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.

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.

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 Phas e 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

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 pre- construction 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.

EXHIBIT D: TDM Plan

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

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 PAGES 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 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

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