Agenda packet, regular meeting — San Bruno City Council, June 28, 2022 (part 1 of 2)

"The City with a Heart"
Rico Medina, Mayor
Linda Mason, Vice Mayor
Tom Hamilton, Councilmember
Marty Medina, Councilmember
Michael Salazar, Councilmember
AB361
CORONAVIRUS COVID19
On September 16, 2021, the Governor of California signed AB361 suspending certain provisions of the Ralph M. Brown Act in order to allow for local legislative bodies to conduct their meetings telephonically or by other electronic means. Pursuant to the CDC’s social distancing guidelines which discourage large public gatherings, the San Bruno City Council meetings are being conducted electronically. The meeting is not available for inperson attendance. Members of the public may attend the meeting by video or phone linked in this agenda or watch by livestream at youtube.com/user/cityofsanbruno. CityNet Services Channel 1 will air the meeting live and the recorded meeting will be made available for viewing on the City’s YouTube channel after the meeting has concluded.

If you would like to make a Public Comment on an item not on the agenda, or comment on a particular agenda item, please email [email protected]. Emails received before the special or regular meeting start time will be forwarded to the City Council, posted on the City’s website and will become part of the public record for that meeting. If emailed comments are received after the meeting start time, or after the meeting ends, they will be forwarded to the City Council and filed with the agenda packet becoming part of the public record for that meeting. Emails received will not be read aloud during the meeting.

Individuals who require special assistance of a disabilityrelated modification or accommodation to participate in this meeting, or who have a disability and wish to request an alternative format for the agenda, agenda packet or other writings that may be distributed at the meeting, should contact the City Clerk 48 hours prior to the meeting at (650) 6167070 or by email at [email protected]. Notification in advance of the meeting will enable the City of San Bruno to make reasonable arrangements to ensure accessibility to this meeting, the materials related to it, and your ability to comment.

AGENDA
SAN BRUNO CITY COUNCIL
June 28, 2022
7:00 PM
Zoom Meeting Details
https://sanbrunocagov.zoom.us/j/83005071123?
pwd=YThvbTk1UlRLUHRJeUxiaml0ZFVHdz09
Webinar or Meeting ID: 830 0507 1123
Webinar or Meeting Password: 105517
Zoom Phone Line: 16465588656 (same webinar ID and password as above)
City Council meetings are conducted in accordance with Roberts Rules of Order. All regular Council meetings are recorded and televised on CityNet Services Channel 1 and replayed the following Thursday, at 2:00 pm.

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

4. PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA
Individualsallowedthreeminutes.ItistheCouncil’spolicytorefermattersraisedinthisforumtostafffor 1 of 478
as above)
City Council meetings are conducted in accordance with Roberts Rules of Order. All regular Council meetings are recorded and televised on CityNet Services Channel 1 and replayed the following Thursday, at 2:00 pm.

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

4. PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA
Individuals allowed three minutes. It is the Council’s policy to refer matters raised in this forum to staff for investigation and/or action where appropriate. The Brown Act prohibits the Council from discussing or acting upon any matter not agendized pursuant to State Law.

5. ANNOUNCEMENTS/PRESENTATIONS
a. During the upcoming 4th of July holiday season, please remember to be safe and respectful of neighbors. If you use or possess illegal fireworks OR improperly use Safe & Sane fireworks in San Bruno, you will be fined $1,000.

6. CONSENT CALENDAR
All items are considered routine or implement an earlier Council action and may be enacted by one motion; there will be no separate discussion, unless requested. a. Approve Accounts Payable for June 13, 2022 and June 20, 2022 b. Accept Payroll for June 5, 2022
c. Receive Written Update on the City’s Response Efforts to COVID19 d. Adopt Resolution Approving Agreement Between the City of San Bruno and the Miscellaneous Bargaining Unit and Authorizing Execution by the City Manager

7. STUDY SESSION
a. Conduct a Study Session Regarding Proposed City Charter and Commercial Real Property Transfer Tax

8. PUBLIC HEARING(S)
a. Hold Public Hearing and Take the Following Actions to Approve the Glenview Terrace Residential Subdivision Project:
• Adopt a Resolution Approving the Initial Study/Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program, Pursuant to CEQA Guidelines §15074; and
• Adopt a Resolution Amending the General Plan Land Use Designation for APN: 019042170 From Low Density Residential to Medium Density Residential; and
• Introduce, Read by Title Only, and Waive Further Reading of an Ordinance Amending the Zoning Ordinance to Rezone APN: 019042170 From LowDensity Residential (R1) to Planned Development (PD). And Amend an Existing PD District for APNs: 019042150 and 019042160 to Conform to the Proposed Project, and Approve a Development Plan, Pursuant to Sections

12.96.020 and 12.96.190.K and Chapter 12.136 of the San Bruno Municipal Code; and
• Adopt a Resolution Approving a Vesting Tentative Tract Map • Adopt a Resolution Approving a Planned Development Permit and an ArchitecturalReviewPermittoAllowtheConstructionof29Singlefamily 2 of 478
§
• Adopt a Resolution Amending the General Plan Land Use Designation for APN: 019042170 From Low Density Residential to Medium Density Residential; and
• Introduce, Read by Title Only, and Waive Further Reading of an Ordinance Amending the Zoning Ordinance to Rezone APN: 019042170 From LowDensity Residential (R1) to Planned Development (PD). And Amend an Existing PD District for APNs: 019042150 and 019042160 to Conform to the Proposed Project, and Approve a Development Plan, Pursuant to Sections

12.96.190 and 12.108.010 of the San Bruno Municipal Code; and Pursuant to Chapter 12.38 of the San Bruno Municipal Code; and
• Adopt a Resolution Approving an Affordable Housing Plan, Pursuant to Chapter 12.230 of the San Bruno Municipal Code; and
• Adopt a Resolution Authorizing a New Fourway Stop at the Intersection of San Bruno Ave. W. and Glenview Drive; and,
• Introduce, Read by Title Only, and Waive Further Reading of an Ordinance Approving a Development Agreement Pursuant to City Resolution 198677 b. Adopt Resolution Authorizing the City Manager to Enter into a Power Purchase Agreement with Peninsula Clean Energy to Deploy a Solar Photovoltaic System on the San Bruno Recreation and Aquatics Center Should the City Manager Determine Adequate Cost Efficiency or Other Community Benefits Associated with the Agreement

9. COMMENTS FROM COUNCIL MEMBERS
a. Rico E. Medina: Measure K funds awarded, $227,564 to LifeMoves for one year of funding for two fulltime Homeless Outreach Team (HOT) Case Managers.

10. ADJOURNMENT – The next Regular City Council Meeting will be held on July 12, 2022 at 7:00 p.m.
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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: June 28, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Jovan D. Grogan, City Manager
PREPARED BY: Anh Tran, Payroll Specialist
SUBJECT: Payroll Acceptance
City Council acceptance of the City payroll distributed June 10, 2022 is recommended.

The Labor Summary report reflecting the total payroll amount of $1,798,719.07 for biweekly pay period ending June 5, 2022 by fund is shown below:

Fund Amount
Fund: 001 - GENERAL FUND 1,301,676.25
Fund: 006 - AMERICAN RESCUE PLAN ACT 96,067.23
Fund: 122 - SOLID WAIST/RECYCL. 2,479.39
Fund: 132 - AGENCY ON AGING 949.87
Fund: 133 - RESTRICTED REVENUES 9,208.79
Fund: 137 - DEVELOPER PROJECT CONTRIBUTIONS 12,647.56
Fund: 201 - PARKS AND FACILITIES CAPITAL 1,859.21
Fund: 203 - STREET IMPROVE. PROJECTS 7,513.72
Fund: 611 - WATER FUND 89,371.87
Fund: 621 - STORMWATER FUND 29,339.05
Fund: 631 - WASTEWATER FUND 86,598.60
Fund: 641 - CITYNET SERVICES FUND 86,640.16
Fund: 701 - CENTRAL GARAGE 9,294.38
Fund: 702 - FACILITY MAINT.FUND 38,168.01
Fund: 707 - TECHNOLOGY DEVELOPMENT 19,736.79
Fund: 711 - SELF INSURANCE 7,168.19
Total: 1,798,719.07
___________________________
Qianyu Sun, Finance Director Date
DocuSign Envelope ID: 110FF9AA-AA73-4790-A332-32AC03E12C92 6/10/2022
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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: June 28, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Jovan Grogan, City Manager
PREPARED BY: Jennifer Dianos, Assistant to the City Manager SUBJECT: Receive Written Update on the City’s Response Efforts to COVID-19 BACKGROUND: This report is to provide an update on the City’s response efforts to COVID19, while the Emergency Operations Center (EOC) is activated. The information provided in this report is as of the time it was produced and may be subject to change.

DISCUSSION: San Mateo County Health provides regular COVID-19 data dashboards through their website, smchealth.org. San Mateo County Health reports as of June 16, 2022, there were a total of 742 cases within the last 30 days in the City of San Bruno; and as of June 16, 2022, approximately 97.3% of San Bruno residents age 5+ are vaccinated. Additional statistics are attached to this report.

The San Bruno Emergency Operations Center (EOC) continues to review City services and modifications, and there are no operational modifications to report to the City Council.

FISCAL IMPACT: Since the declaration of emergency in March of 2020, the City of San Bruno has recorded the emergency expenditure of $200,120 out of the City’s emergency reserve funds for COVID related operations. In total, the City has recorded a total COVID related expenditure of $2.08 million including facilities enhancement projects (i.e. keyless entry system to City Hall), COVID-19 personal protective equipment (PPE) supplies, and initial response and adaptation to remote programming/services.

There are no additional expenditures to report for the specific period of this report.

ENVIRONMENTAL IMPACT: There is no environmental impact. The action is not a project subject to CEQA.  City Council’s action is not considered a “Project” per CEQA Guidelines and therefore no further environmental analysis is required.

RECOMMENDATION: Receive Written Update on the City’s Response Efforts to COVID-19. 13 of 478
Honorable Mayor and Members of the City Council
June 28, 2022

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ALTERNATIVES: The City of San Bruno’s Emergency Operations Center remains activated and there are no alternatives proposed at this time.

ATTACHMENTS: 1. San Mateo County Health Department COVID-19 Data Dashboard 14 of 478
Source: https://www.smchealth.org/data-dashboards
(Dashboard screen shots taken on 6/20/2022 @ 1:15 p.m.) ATTACHMENT 1 15 of 478
Source: https://www.smchealth.org/data-dashboards
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Source: https://www.smchealth.org/data-dashboards
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Source: https://www.smchealth.org/data-dashboards
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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: June 28, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Jovan D. Grogan, City Manager
PREPARED BY: Monica Walker, Human Resources Manager
SUBJECT: Adopt Resolution Approving Agreement Between the City of San Bruno and the Miscellaneous Bargaining Unit and Authorizing Execution by the City Manager
BACKGROUND: The existing Memorandum of Understanding between the City of San Bruno and the Miscellaneous Bargaining Unit expired on December 31, 2021. Representatives from the City and the bargaining unit met and conferred in good faith and have reached a tentative agreement extending their existing Memorandum of Understanding an additional three years through December 31, 2024. The tentative agreements were signed by the bargaining unit on June 3 and 22, 2022, respectively.

DISCUSSION: The attached Tentative Agreements for the Miscellaneous Bargaining Unit will extend their current Memorandum of Understanding through December 31, 2024, based on factors identified during negotiations over the last eight months.

The City retained an independent consultant to conduct a total compensation survey of comparison agencies that was completed and reviewed with the union in October 2021. Total compensation for the group demonstrated that they were below the labor market median by an average of 6.18%. In addition to the total compensation survey of comparison agencies, the agreement’s economic package was based on a variety of factors including inflation as measured by the Consumers Price Index, All Urban Consumers (CPI-U), for the San Francisco – Oakland – San Jose region. CPI-U in October 2021 was 3.8% for the region. CPI-U in 2020 was 2%, and the bargaining group received a 2% COLA in January 2020, and a 2% COLA in July 2020.

The tentative agreements include cost of living adjustments each year as follows:
· effective the first full pay period of January 2022, a 4% salary increase · effective the first full pay period of January 2023, a 4% salary increase · effective the first full pay period of January 2024, a 4% salary increase Following a comprehensive organizational review and assessment of the City’s Public Works Department, recommendations were made to improve the operation and maintenance of the City’s water system. One of the recommendations was to reclassify key positions in the Water Division to require state certification in water distribution or treatment, which are currently offered as optional incentive pay certifications. An additional recommendation included offering certification incentive pay to Maintenance Workers outside of the Water division who obtain 19 of 478
Honorable Mayor and Members of the City Council
June 28, 2022

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state certification in water distribution or treatment, and are cross trained to provide support during emergencies or staff shortages.

Bargaining unit members will share in the cost for medical premium increases. The City will continue to pay 75% of the health care premium increase beginning January 1, 2022 through December 31, 2024.

The parties agreed to add the Retiree Plus Health Coverage to commence for all current employees who participate in the employee health plan effective January 1, 2021. Beginning January 1, 2022 through December 31, 2024 the City shall pay 75% and employee shall pay 25% of Retiree Plus Health Coverage premium.

FISCAL IMPACT: There is no fiscal impact to the current FY 2021/2022. The new contract goes into effect the first full pay period following adoption, which will be in the next fiscal year. The FY 2022/2023 budget includes funds for enhancements to employee salary and additional benefit costs over the fiscal year which will be covered by excess general fund revenues. The Water Division reclassification will incur an additional $111,000 which will be covered by Water enterprise funds in FY 2022/2023.

ENVIRONMENTAL IMPACT: There is no environmental impact.

RECOMMENDATION: Adopt Resolution Approving Agreement Between the City of San Bruno and the Miscellaneous Bargaining Unit and Authorizing Execution by the City Manager.

ALTERNATIVES: Do not approve the agreement and direct the negotiating team to seek changes or to begin mediation discussions.

ATTACHMENTS:

1. Resolution

2. Tentative Agreement - Miscellaneous

3. Tentative Agreement - Water Division Reclassifications 20 of 478
RESOLUTION NO. 2022–

ADOPT RESOLUTION APPROVING THE AGREEMENT

BETWEEN THE CITY OF SAN BRUNO AND THE

MISCELLANEOUS BARGAINING UNIT, AND AUTHORIZING ITS

EXECUTION BY THE CITY MANAGER
WHEREAS, representatives of the Miscellaneous Bargaining Unit represented by the Teamsters Local 856 and representatives of the City of San Bruno have met and negotiated in good faith; and
WHEREAS, as a result of those negotiations, an agreement has been reached regarding changes to the terms and conditions of employment for the Miscellaneous Unit Memorandum of Understanding to the period to December 31, 2024; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Bruno that it hereby approves the Agreement reached between the City of San Bruno and the Miscellaneous Bargaining Unit modifying the existing Memorandum of Understanding between the parties, and consistent with terms and conditions outlined in the Agreement attached hereto and marked Exhibit A and Exhibit B; and
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute on behalf of the City of San Bruno the attached Agreement, and any modified and consolidated Memorandum of Understanding prepared incorporating all prior agreed upon terms and conditions of employment approved by the City of San Bruno and the Miscellaneous Bargaining Unit represented by the Teamsters Local 856.
--oOo—
I hereby certify the foregoing Resolution No. _____ was introduced and adopted by the San Bruno City Council, at a regular meeting on June 28, 2022 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
________________________________
Vicky Hasha, Deputy City Clerk
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CITY OF SAN BRUNO COUNTER PROPOSALS
2021 SUCCESSOR AGREEMENT NEGOTIATIONS
SAN BRUNO MISCELLANEOUS BARGAINING UNIT, TEAMSTERS LOCAL 856

COMPREHENSIVE SUPPOSAL
All other City and Union Proposals dropped
May 25, 2022

6. Salary Plan

6.1. Salary Ranges

6.1.1. Salary ranges for represented classifications shall be as set forth in Appendix A, hereto attached and made a part hereof, on the effective date specified herein.

6.1.2. The following represents agreed upon modifications to salary during this contract:
• 3% increase effective the first full pay period in January 2017 • 3% increase effective the first full pay period in January 2018 • 3% increase effective the first full pay period in January 2019 • 4% increase effective the first full pay period in January 2022. • 4% increase effective the first full pay period in January 2023. • 4% increase effective the first full pay period in January 2024.

9. Incentive Pay

9.1. Water EmployeesCertification Pay/Wastewater Certification Pay All While the reorganization of the Water Division is underway, Public Works Operations employees assigned to the in the Water Division who obtain and maintain a Water Treatment Operator’s Certificate and/or a Water Distribution Certificate (or a combination of both) shall receive certification pay in the amount of one percent (1%) per grade, up to a maximum of six percent (6%). Following the reorganization, positions that require the certification as part of the job classification will not receive incentive pay, and if operationally feasible as determined by the Department, there will no longer be a Maintenance Worker classification assigned to Water after Maintenance Workers currently assigned to the Water Division achieve the certifications necessary to become Operators.

9.19.2 Wastewater and Streets & Stormwater CertificationsEmployees

9.2. If required in the employee’s job description or required by a regulatory agency, all employees assigned to the Wastewater Division who obtain and maintain a Collection System Maintenance Certificate shall receive certification pay in the amount of one percent (1%) per grade, up to a maximum of four percent (4%) of base salary.

9.1. Public Works Operations Employees assigned to the Wastewater and Streets & Stormwater Divisions who obtain and maintain a California Water Environmental Association (CWEA) Collection System Maintenance Certificate shall receive certification pay in the amount of one percent (1%) per grade, up to a maximum of three percent (3%) of base salary.

Public Works Operations Employees assigned to the Wastewater and Streets & Stormwater Divisions who obtain and maintain a State of California Water Resources Control Board Water DocuSign Envelope ID: B13AAD6C-4AD8-442B-B0F3-157FF8EBAB50 22 of 478
Distribution Certificate (up to D2) and/or State of California Water Resources Control Board Water Treatment Certificate (up to Grade T2) shall receive certification pay in the amount of one percent (1%) per grade, up to a maximum of four percent (4%) of base salary. The maximum incentive allowable under this provision for California Water Environmental Association (CWEA) Collection System Maintenance Certificates and California Water Resources Control Board Water Distribution Certificate (up to D2) and/or State of California Water Resources Control Board Water Treatment Certificates shall not exceed 6%.

9.3. Maintenance Workers regularly assigned to waste water duties shall be eligible for certification pay of up to $75 for possession of waste water treatment certificates issues by the CWEA and/or the State Water Resources Control Board. The first certificate shall be eligible for pay supplement of $40 per month, and the second for pay supplement of an additional $35 per month.

9.4. Applicator Spray Certification Pay

9.4.1. Employees assigned applicator spray duties and who hold an applicator spray certificate shall receive $50 per month

9.5. Bilingual Incentive Pay

9.5.1. City shall provide bilingual incentive pay in the amount of two-and-one-half percent (2.5%) of base pay to an employee who meets the criteria outlined in the City’s Bilingual Program.

Recipients new to the program as of April 14, 2017 must demonstrate actual use of the bilingual skill as part of performing their job duties in order to be eligible to receive bilingual incentive pay. These requirements include:

9.5.2. Demonstrated proficiency in a language other than English (including American Sign Language), which is used within the community;

9.5.3. Successfully meets and maintains the program requirements, including re-qualifying every two (2) years

9.6. Cable Technology Premium Pay

9.6.1. The City shall provide Cable Technology incentive pay in the amount of two-and-one-half percent (2.5%) of base pay to an employee who meets the criteria.

32. Health and Welfare

32.1. Health & Welfare Trust Fund

32.1.1. Each regular full-time employee and each permanent part-time employee of this unit shall become eligible to participate in Teamsters Local Union No. 856 Health and Welfare Trust Fund, provided, however, that participation in the fund shall not be denied to eligible employees who are not members of the Union. Temporary employees and temporary part-time employees who are employed by the City for a period of ninety (90) days shall also be eligible to participate in said fund.

32.1.2. For purposes of providing health and welfare benefits for regular full-time and permanent parttime employees subject to this Memorandum of Understanding, the City shall contribute an agreed upon amount to the trust fund on a monthly basis on behalf of each eligible employee for actual costs incurred by such Fund to provide and maintain at existing levels of coverage hospital, medical, dental care, prescription drugs, vision care, and retiree health benefits.

DocuSign Envelope ID: B13AAD6C-4AD8-442B-B0F3-157FF8EBAB50 23 of 478

32.1.3. An eligible employee with respect to whom monthly contributions are required shall mean any employee on the payroll on the first day of any calendar month who has been on the payroll of the City eighty (80) hours or more during the preceding calendar month, and their qualifying dependents, including domestic partners. Said contribution shall institute full compliance with and full performance of all obligations of the City to provide health and welfare benefits for its employees.

32.1.4. Beginning January 1, 2017 – the City shall pay 75% and employee pay 25% of the health and welfare benefit premium increase over the prior plan year based on the cost of the plan options which the employee has selected.

32.1.5. Beginning January 1, 2018 the City shall pay 75% and the employee shall pay 25% of health and welfare benefit premium increase over the prior plan year.

32.1.6. Beginning January 1, 2019 the City shall pay 75% and employee shall pay 25% of health and welfare benefit premium increase over the prior plan year.

32.1.7. Beginning January 1, 2020 the City shall pay 75% and employee shall pay 25% of health and welfare benefit premium increase over the prior plan year.

Beginning January 1, 2021 the City shall pay 75% and employee shall pay 25% of health and welfare benefit premium increase over the prior plan year.

32.1.8.32.1.4. Beginning January 1, 2022 through December 31, 2024 the City shall pay 75% and employee shall pay 25% of health and welfare benefit premium increase over the prior plan year.

32.1.9.32.1.5. Plan Restructure

32.1.9.1.32.1.5.1. The Plan year shall move to a calendar year cycle. Future year increases will be effective January 1.

32.1.10.32.1.6. “Opt out’

32.1.10.1.32.1.6.1. Employees who demonstrate possession of comparable health coverage may elect to opt out of the City health benefit.

32.1.10.2.32.1.6.2. An amount equal to 15% of the monthly premium shall be paid to the employee based on the composite rate with the ‘no co-pay’ prescription plan

32.1.10.3.32.1.6.3. An amount equal to 35% of the monthly premium shall be paid to the Trust based on the composite rate with the ‘no co-pay’ prescription plan

32.1.11.32.1.7. The Trust shall offer a “10/20” drug prescription option, which may be utilized at employees choice only

32.2. A request for contributions up to the maximum allowable amount shall be made by the Union to the City no less than thirty (30) days in advance of the effective date and shall be supported by evidence of Trust Fund documentation reflecting actual increased costs. This adjustment shall take effect within thirty (30) days after notification by the Union to the City. No other adjustments shall be permitted during the term of this Memorandum of Understanding.

32.3. Retiree Plus Health Coverage

32.3.1. Employees in this unit participate in Retiree Plus Health Coverage established January 1, 2021. For the term of this contract the City shall pay 75% and employee shall pay 25% of Retiree Plus Health Coverage premium.

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32.3.2. Eligibility for any Retiree coverage: If you retire from employment with an employer who is making contributions for retiree coverage, you will be eligible for retiree benefits provided (1) You were covered under this Plan for a total of 120 months and (2) You were eligible for at least 12 continuous months immediately prior to the date of your retirement.

32.3.3. Eligibility for Retiree Plus coverage: If you retire from employment with an employer who is making the required contributions for Retiree Plus coverage, you will be eligible for the reduced Monthly Self-Pay rate provided (1) you have at least 240 months of coverage and (2) 12 continuous months immediately prior to the date of your retirement with an employer who paid into the Retiree Plus Plan. If you have at least 120 months, but less than 240 months, you will be eligible for Retiree coverage but not for the reduced Monthly Self-Pay rate. Retirees are encouraged to review the Retiree Plus Health Coverage Plan Document for exceptions and enrollment deadlines.

7. Term

56.1. This Memorandum of Understanding except as otherwise noted, shall remain in effect for those employees employed in the classifications set forth in Appendix A for the period from January 1, 20172022, and until December 31, 2019 2024 except to the extent that such Memorandum of Understanding may be modified by the parties during such period, and shall continue in full force and effect until either superseded by a subsequent Memorandum of Understanding or by such other action of the City Council affecting wages, hours, and conditions of employment of the employees in classifications covered by this Memorandum of Understanding.

56.2. In the event the parties to this Memorandum of Understanding fail to successfully negotiate a Memorandum of Understanding to succeed this one, and either party declares an impasse, the parties shall proceed to mediation pursuant to Resolution 1970-20, as amended and if that procedure does not resolve the dispute, the parties shall, within 30 days thereafter, proceed to advisory fact-finding through the use of a three (3) member panel consisting of one (1) member selected by the Union, one (1) member selected by the City and a third member selected by the first two members from a list provided by the State Mediation and Conciliation Service.

Authorized costs, if any, associated with the third party's participation shall be borne equally by the Union and the City. The results of such advisory fact-finding shall be kept confidential unless otherwise mutually agreed upon between the Union and the City.

56.3. If the parties are unable to reach agreement after the conclusion of such fact-finding, the Union shall not be precluded from conducting informational picketing on City premises in accordance with State and Federal laws, provided the Union, its officers, and representatives shall not prevent any City employee from reporting to work.

56.4. This Memorandum of Understanding is a compilation of the previous Memorandum of Understanding, with modifications negotiated by and between the parties, and thereafter approved pursuant to San Bruno City Council Resolution Nos. 2009-82, 2010-46, 2012-88, and 2017-48.

8. Appendix A: Represented Classifications and Salary Ranges See Attached
Agreed upon by representatives of the City of San Bruno ______________________________________________ _____________________ Dania Torres Wong, Sloan Sakai Yeung & Wong, LLC Date
Chief Negotiator
Agreed upon by representatives of San Bruno Miscellaneous Bargaining Unit, represented by Teamsters Local No. 856 ______________________________________________ _____________________ Peter Finn, Secretary/Treasurer/Principal Officer Date
DocuSign Envelope ID: B13AAD6C-4AD8-442B-B0F3-157FF8EBAB50 6/3/2022
6/3/2022
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City of San Bruno and Miscellaneous Bargaining Unit
Represented by Teamsters Local 856

TENTATIVE AGREEMENT
Amendment to the
Memorandum of Understanding (MOU)
Pursuant to the provisions of the Meyers-Milias-Brown Act and the Memorandum of Understanding between the City of San Bruno (the "CITY") and the City of San Bruno Miscellaneous Bargaining Unit represented by Teamsters, Local 856 ("MOU"), this Side Letter of Agreement is entered into on June 22, 2022, between the City and the Teamsters Local 856 ("Side Letter Agreement") as an amendment to the MOU. It is understood and agreed that the specific provisions contained in this Side Letter Agreement shall supersede any previous agreements, whether oral or written, regarding the matters contained herein. Except as provided herein, all wages, hours and other terms and conditions of employment presently enjoyed by the bargaining unit and contained in the MOU shall remain in full force and effect.

The City and the bargaining unit have met and conferred in good faith concerning the terms and conditions of this Side Letter Agreement and its implementation and now therefore agree to the new job specifications (attached) and the following classification amendments effective the first full pay period following this signed agreement:

Classifications with required certifications identified within the job description will no longer receive certification pay.

Any Cost-of-Living Adjustments (COLAs) negotiated during the term of the existing contract shall be applied to the new ranges described herein.

Maintenance Workers I within the Water Distribution and Treatment Division who were hired before the signed agreement, and have yet to receive D1/T1 certifications, will remain Maintenance Workers I, and will be reclassified to Water Systems Operators I upon receiving D1/T1 certifications.

Maintenance Workers II within the Water Distribution and Treatment Division who were hired before the signed agreement, and have yet to receive D3/T2 certifications, will remain Maintenance Workers II, and will be reclassified to Water Systems Operators II upon receiving the D3/T2 certifications.

Lead Maintenance Workers within the Water Distribution and Treatment Division who were hired before the signed agreement, and have yet to receive D3/T2 certifications, will remain Lead Maintenance Workers, and will be reclassified to Lead Water Systems Operators upon receiving the D3/T2 certifications.

The Water Quality & Production Supervisor (replacing Water Quality Technician II) and the Water Field Services Supervisor (replacing Water System & Conservation Manager) will be handled as part of the Mid-Management bargaining unit.

This side letter shall not be incorporated into a successor MOU unless mutually agreed upon by the parties.

For the City of San Bruno
________________________________________ ________________________________ Jovan D. Grogan, City Manager Date
For the Teamsters Local 856 Union
________________________________________ ________________________________ Peter Finn, Secretary-Treasurer/Principal Officer Date

CURRENT CLASSIFICATION
STUDY

PROPOSED
RANGE

PROPOSED TITLE CHANGE

PROPOSED

REQUIRED

CERTIFICATIONS

CURRENT TOP
STEP

CURRENT

CERTIFICATION
PAY %

CURRENT TOP

STEP WITH

CERTIFICATIONS

PROPOSED TOP

MONTHLY STEP
Maintenance Worker I - Water
Systems 12.80% Water Systems Operator I D1/T1 $5,661 4% $5,887 $6,641 Maintenance Worker II - Water
Systems 12.16% Water Systems Operator II D3/T2 $6,511 4% $6,771 $7,595 Maintenance Worker, Lead -
Water Systems 11.10% Lead Water Systems Operator - Field D3/T2 $7,488 5% $7,862 $8,735 Maintenance Worker, Lead -
Water Systems 11.10% Lead Water Systems Operator - Wells D3/T2 $7,488 5% $7,862 $8,735 Pump Mechanic II - Water 12.17% Lead Water System Operator - Pumps D3/T2 $7,488 4% $7,788 $8,735
Water Quality Technician II 21.19% Water Quality & Production Supervisor (Mid-Management)*** D3/T2 *** *** *** ***
*** Supervisory-level positions will be part of the Mid-Management Bargaining Unit.

DocuSign Envelope ID: 5B8A97E5-C0A7-4B69-8C72-B8DA568342EB 6/22/2022
6/23/2022
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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: June 28, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Jovan D. Grogan, City Manager
Trisha Ortiz, Interim City Attorney
SUBJECT: Conduct a Study Session Regarding Proposed City Charter and Commercial Real Property Transfer Tax
BACKGROUND: As part of the City Council’s strategic planning sessions, the San Bruno City Council has discussed becoming a charter city to assure on-going fiscal stability by implementing a commercial real property transfer tax, which only charter cities are authorized to levy.

On June 7, 2022 the City Council held the first of two required public hearings on the City’s proposed charter. At that hearing, the City Council requested additional public meetings and asked for more information about the powers of a charter city.

In response to the City Council’s request for additional public communication and another meeting/study session on the proposed City Charter and Transfer Tax, staff has taken the following steps:

1. Calendared an additional City Council Study Session (June 28) on the potential Commercial property Transfer Tax and related City Charter.

2. Developed a community mailer that was be sent to each postal address in the City.

Residents and businesses began receiving the mailer on Friday, June 17.

3. Created a City webpage to convey information on the proposed City Charter and Transfer Tax that includes prior staff reports, presentations and the Zoom links for all upcoming meetings on the topics. The webpage can be found at www.sanbruno.ca.gov/CharterCity

4. Developed a series of social media posts as well as a City Manager eNewsletter article in the lead up to the Council’s discussions on the topics to enhance public communication and knowledge of the topics.

This staff report summarizes the progress to date, outlines the general characteristics of a charter city, and the process that the City Council may use to present a charter to the voters, as required by state law, which contains a commercial real property transfer tax as an integral feature.

Comprehensive Fiscal Sustainability Project
In 2019, the City launched a Comprehensive Fiscal Sustainability Project. The Project, which remains active, seeks to improve the City’s fiscal condition so that there is sufficient annual and long-term funds to provide high quality City services as well as maintain and replace infrastructure.
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During the course of the Project, the City has implemented numerous expenditure controls, revenue enhancements, and cost shifts from the General Fund to new or more stable funding sources. Below is a list of some, but not all of these efforts.

Expenditure Controls
 Budgetary and personnel cost containment strategies, implemented  Renegotiation of CityNet Vendor Contracts, implemented  Various Budget Reductions, implemented
o Operational budget reductions
o Retirement incentives
o Freezing of vacant positions
o Defunding of Capital Projects
Revenue Enhancements
 Measure G ½ Sales Tax Increase, implemented
 TOT / Hotel Room Tax 2% Increase, implemented
 Adoption of Development Impact Fees, implemented
 Walmart.com Sales Tax Participation Agreement, implemented  Development Related Community Benefit Agreements
o YouTube – 1400/1450 Bayhill DA Extension, adopted / payment received o Bayhill Specific Plan (YouTube), adopted / payment pending o Reimagining Tanforan, scheduled to formally launch in Summer 2022  Receipt of Various Outside Grants
o Federal Spyglass Stormwater Improvement Grant, project actively underway o County Measure K Grant for Posy Plaza Improvements, funding secured / scheduled to begin next fiscal year
o Giants Community Foundation Renovation of Greenberg Field, completed o Federal & State Grants for Regional Stormwater Capture Project @ I-280 and I380, project under design o Federal Assistance to Firefighter Grant for Fire Equipment, completed/installed  Market/Cost Based Increases in City Fees and User Charges, implemented  Marijuana Business Tax, implementation scheduled for Fall 2022  Short-term Rental Tax, implementation scheduled for Fall 2022 Cost Shifts
 Crestmoor Canyon Wildfire Mitigation and Fire Fuel Reduction w/ PG&E Funds, funding secured / ongoing project
 CityNet Programming and Fee Adjustments, implemented
 Transition of Afterschool Programming to the YMCA, implemented Despite the many successful efforts undertaken through of the Comprehensive Fiscal Sustainability Project, the remaining fiscal challenges that face the City of San Bruno are significant. This is true with respect to the annual/on-going financial need for City programs and services as well as money needed to maintain and replace critical public infrastructure.

Several work units have less staff than during the early 2000’s and many of the budget and personnel reductions implemented as a result of the recent COVID-19 recession have not been able to be restored. As a further illustration of the fiscal challenges limiting the City’s ability to 28 of 478
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invest in staffing, on June 14, 2022, the City Council received a presentation from the San Bruno Police Chief demonstrating that San Bruno has fewer police officers per capita than neighboring jurisdictions, despite having higher ratios of violent and property crimes. The Chief also provided data that demonstrated that San Bruno employs 19% fewer police officers than in 1975 and is presently below industry standard metrics for police officers in metropolitan cities.

San Bruno has a revenue problem, not an expenditure problem. This is perhaps best demonstrated by the following chart that provides a General Fund budgetary comparison for San Bruno and neighboring cities. The chart shows that San Bruno receives the second lowest per capita revenue for its General Fund among the peer group shown.

In regard to the City’s financial need for significant repairs and replacement of City buildings, streets, and other facilities, the monetary value totals more than $457 million over the next 20 years. Some of this may be funded by new development, but a large portion needs other funding sources.

When the City Council implemented development impact fees in 2019, it conducted a required nexus study to determine the allowable amount that could be charged to new development. The analysis revealed that of the $457 million needed for infrastructure investments over the next 20 years, only $147 million could be charged to new development. The remaining $310 million will need to come from other (non-development impact fee) sources.

As the City continues to address its fiscal challenges, one of the strategies that the City Council has requested staff examine is a tax on the transfer of commercial property, which requires the City to become a Charter City.

Process to Become a Charter City
To become a charter city, a city must adopt a charter. The California Constitution authorizes 29 of 478
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voters to adopt a city charter. There are two ways to draft a charter: (1) the City Council drafts the charter; or (2) the City’s voters elect a charter commission to draft the charter. (Gov. Code, §§ 34451, 34458.) In either case, the charter is not adopted by the City until it is ratified by a majority vote of the City’s voters at a statewide regular election. (Gov. Code, §§34457, 34458.) To streamline the process, the City Council has directed staff to propose a charter for consideration and approval by the City Council, which would then be placed before the voters at the November 2022 general election. There is therefore no need to create a charter commission.

After the proposed charter has been drafted by the City Council, it may be sent to the voters for ratification at the next established statewide general election, provided there are at least 88 days remaining before the election. (Gov’t Code § 34458.) Before a proposal to adopt a charter is submitted to the voters, the City Council must hold at least two public hearings on the proposal of a charter and the content of the proposed charter. Notice of the public hearings shall be given by publication twice in a newspaper and circulated throughout the city, and by posting notice in three public places within the city at least 21 calendar days prior to the date of each public hearing. The second public hearing shall be held at least 30 days after the first public hearing. At least one of the public hearings shall be held outside of normal business hours to facilitate public participation. The City Council shall not conduct a vote on whether to approve the submission to the voters of the proposal to adopt a charter until 21 days after the second public hearing. (Gov. Code, § 34458.) If the charter includes a tax, as this charter is proposed to do, then a 2/3 majority of the City Council, or four affirmative votes, are needed to place the charter on the ballot per Government Code § 53734(b).

A simple majority of voters must vote in favor of the proposed charter for the charter and tax to be adopted. (Gov. Code, § 34459.)
On April 12, 2022, the City Council appointed a subcommittee consisting of Vice-Mayor Mason and Councilmember Marty Medina to discuss conducting a survey of likely voters regarding the contents of a proposed charter, and specifically a commercial real property transfer tax. The survey results revealed support for such a measure from likely voters in the November 2022 election. The City Council received a presentation on the survey results on June 7, 2022 from the public opinion research firm, Godbe Research, that conducted the survey. A copy of that presentation is on the City Council’s agenda site as well as the recent webpage that was created to convey additional information on the proposed City Charter and Transfer Tax, www.sanbruno.ca.gov/CharterCity.

DISCUSSION: The staff report for the June 7, 2022 public hearing (which is attached to this document) provides a detailed discussion about what it means to be a charter city, a chart comparing charter and general law cities’ powers and the process for adopting a charter. Conversely, this staff report and the majority of staff presentation on June 28, 2022 will focus on the powers of a charter city in response to questions from the City Council.

Exercising Charter City Powers
A charter city has the power to regulate all “municipal affairs” subject to the limitations in: (i) the City’s charter, (ii) the California Constitution, and (iii) the United States Constitution. A city charter, once adopted by the voters, is a limitation on a City Council’s power over municipal affairs and the City Council may adopt ordinances, resolutions or otherwise regulate municipal affairs within those limits. In other words, if a City’s charter limits the city’s power over a 30 of 478
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municipal affair, then the City Council cannot adopt an ordinance or resolution to exercise that power without first getting voter approval to amend the charter. An example of this is the draft charter provision that requires the City to pay prevailing wages. Under the current draft charter, the City Council could not, on its own, remove the requirement to pay prevailing wages, without first getting voter approval to amend the charter to remove this limitation. Similarly, if the California Constitution limits a city’s power over a municipal affair, then the city council must exercise its powers within those constitutional limits. An example of this is Proposition 218, which requires a city to get voter approval to impose, extend or increase taxes. A charter city’s powers over municipal affairs, which include taxes, is discussed in more detail below.

Taxes
Charter cities and general law cities have the same powers to impose taxes, with one notable exception. A charter city may impose a real estate transfer tax and a general law city may not. Even so, the California Constitution places strict limits on the taxing powers of any local government. Any action to impose, extend, or increase any tax requires voter approval. So, the voters may approve a charter that allows for a real estate transfer tax, but a charter city cannot impose the tax without voter approval for the tax. Further, once voters approve the tax, the City Council cannot extend or increase the tax without voter approval. This means that a charter city must get voter approval to subsequently increase any applicable rate used to calculate the tax, to subsequently revise the methodology by which the tax is calculated or applied, if that revision results in an increased amount being levied on any person or parcel, or to extend the sunset date on a tax.

Other Powers
The California Constitution does not define the term "municipal affair." For this reason, whether a particular subject is a "municipal affair" over which a charter city has authority or is a matter of "statewide concern" over which the Legislature has authority is a matter for the courts to decide on a case-by-case basis. This staff report does not discuss every area in which a charter city would be able to regulate; however, the following is a sample list of areas that the courts have clearly established are a municipal affair: municipal election procedures, procedures for the adoption of ordinances, some aspects of planning, compensation for city officers and employees, public contracts and public financing. A few of those areas are discussed below.

City Elections. A charter city may establish unique criteria for city office so long as the criteria are not discriminatory. Also, a charter city is free to establish election rules if those rules do not actually conflict with general law. For example, a number of charter cities provide for a redistricting commission to establish city council districts in accordance with the census. If there is a conflict with general law, the charter city provisions prevail, unless the Legislature has found a need for paramount state control over the issue and the general law is both reasonably related to the area of statewide concern and narrowly tailored to resolve the problem being addressed as a statewide concern.

Compensation. A charter city may set salaries, expense reimbursement and benefits for its council members. However, Government Code section 53208.5 provides as a matter of statewide concern that the health and welfare benefits of any member of a legislative body of any city, including a charter city, shall be no greater than that received by non-safety employees of that public agency. Furthermore, pursuant to Government Code sections 53234 and 53235, if a charter city provides any type of compensation to members of its legislative body, then these officials must receive at least two hours of ethics training, just like their general law city counterparts.
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Public Contracts and Prevailing Wages. A charter city is subject to the Public Contracts Code unless the charter city expressly provides that the Code does not apply. This allows a charter city to have different noticing requirements, use different claims resolution procedures and generally structure their public works bidding process as they see fit, if they even require public bidding.

As for prevailing wages, a charter city is not subject to the prevailing wage laws unless the city elects to be subject to such laws, the project involves work out of the city limits, or the project is otherwise of significant state interest. Although a charter city may opt not to require the payment of prevailing wages, state law imposes consequences for doing so.

Bonds. Bond issues for municipal purposes are municipal affairs. This means that a charter city can adopt its own procedural rules for issuing bonds.

Assessments. A charter city may establish its own procedural rules for imposing assessments. This power is significantly constrained by the limitations in the California Constitution established by Proposition 218, which requires a majority protest balloting procedure and generally prohibits assessments to pay for general benefits.

School Funding. A charter city may render financial assistance to schools.

At the June 7, 2022 public hearing, members of the City Council expressed concerns with providing additional powers to the San Bruno City Council through the transition to a charter city. As noted above, a city charter must be approved by voters and following approval, the City Council has the power to regulate all “municipal affairs” subject to the limitations in: (i) the City’s charter, (ii) the California Constitution, and (iii) the United States Constitution. Even with a charter, any tax that is authorized by voters cannot be increased or extended by the City Council without voter approval. Should the City Council want to limit its powers as a charter city to include only those powers that the City currently may exercise as a general law city, it can direct staff to amend the draft city charter to include a provision similar to the following “…this Charter shall restrict the City to exercising only those rights, powers and authority granted under the general laws of the State of California, with the exception of the power of a to impose a tax on the conveyance of real property as provided in Article III.” Such language will clarify that the draft Charter will provide the City Council with only the existing powers it has as a General Law City, with the exception of the ability to impose a commercial property transfer tax, as outline in the charter.

Matters of Statewide Concern
Although not exhaustive, the following is a list of matters determined by the courts to be matters of “statewide concern” and therefore a charter city must comply with the general laws of the state regarding:
 Educational school systems
 Traffic and vehicle regulations
 Tort claims against a governmental entity
 The Ralph M. Brown Act open meetings law
 The Meyers-Milias-Brown Act regarding employee organization  The California Environmental Quality Act
 he Public Records Act
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 Annexations
 The exercise of the eminent domain power
 Licensing of members of a trade or profession
Next Steps
As noted above, on June 7, 2022, the City Council held is the first of two required public hearings regarding the contents of the proposed charter, with the second public hearing scheduled for July 12. Because 21 days must elapse between the second public hearing and the City Council’s decision to place the charter on the ballot, the City Council will need to schedule a special meeting on August 3 to take this action. The deadline for submitting ballot measures to the County for the November 8 election is August 12.

On July 12, 2022, at the second required public hearing regarding the contents of the proposed charter, staff will request that the City Council provide direction to the staff about submitting a charter measure to the voters. At least four members of the City Council will need to vote in the affirmative to propose a charter measure to the voters at the November 2022 election, which would include an integral commercial real property transfer tax.

FISCAL IMPACT: On March 9, 2022, the County elections office provided staff with an estimated range of $93,000-$112,000 for the upcoming municipal election plus one ballot measure. The County estimated that each additional ballot measure would add approximately $10,000 to the cost of the election.

RECOMMENDATION: Conduct a Study Session Regarding Proposed City Charter and Commercial Real Property Transfer Tax
ALTERNATIVES:

1. Propose changes to the timing or recommended focus of the draft charter.

2. Do not move forward with a draft charter.

ATTACHMENTS:

1. June 7, 2022 Staff Report: Conduct First Public Hearing Regarding Proposed City Charter and Commercial Real Property Transfer Tax (including attachments 1) League of California Cities Charter Analysis, and 2) Draft City Charter)
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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: June 7, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Jovan D. Grogan, City Manager
SUBJECT: Conduct First Public Hearing Regarding Proposed City Charter and Commercial Real Property Transfer Tax
BACKGROUND: As part of the City Council’s strategic planning sessions, the City Council has discussed becoming a charter city to assure on-going fiscal stability by implementing a commercial real property transfer tax, which only charter cities are authorized to levy. This staff report summarizes the progress to date, including the results of the March 29, 2022 City Council Study Session, outlines the general characteristics of a charter city, and the process that the City Council may use to present a charter to the voters, as required by state law, which contains a commercial real property transfer tax as an integral feature. This meeting also constitutes the first of two public hearings that the City Council is required to conduct before the City Council can place the charter on the ballot.

General Law Cities vs. Charter Cities
In California, there are two types of cities: general law cities and charter cities. General law cities get their corporate powers from the general laws passed by the State legislature. Charter cities, on the other hand, get their corporate powers from the California Constitution’s home rule provision, which allows them to preside over all “municipal affairs,” limited only by their own charters and State law on “matters of statewide concern.” Attachment 1 highlights the features of general law and charter cities.

Unfortunately, the California Constitution does not define “municipal affairs.” What constitutes a municipal affair has been interpreted by the courts on a case-by-case basis. The League of California Cities created a detailed chart that is attached, which describes various municipal issues and applicability to general law and charter cities.

Courts have found the following to constitute municipal affairs:
 The form of city government.
 Procedural aspects of resolution and ordinance adoption.  Local elections, including qualifications for office and public funding of campaigns.
 Some aspects of zoning and land use.
 The process of contracting for public works.
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 Scope of authority related to taxes and assessments.

Over time, the differences between general law cities and charter cities have been reduced. For instance, the Legislature has extended to general law cities many of the same powers as charter cities. In addition, the Legislature has characterized many laws affecting cities as matters of statewide concern, and hence, applicable to all cities, both general law and charter.

Generally, a matter is of “statewide concern,” as opposed to a “municipal affair,” when its impact is “primarily regional,” even if its impacts are not truly statewide. The following is a list of matters determined by the courts to be matters of “statewide concern” and hence not amenable to modification by charter:
 Educational school systems
 Traffic and vehicle regulations
 Tort claims against a governmental entity
 The Ralph M. Brown Act open meetings law
 The Meyers-Milias-Brown Act regarding employee organization  The California Environmental Quality Act
 The exercise of the eminent domain power
One of the primary tangible benefits of becoming a charter city is the ability to implement a real property transfer tax. General law cities are not legally authorized to impose real property transfer taxes.

Process to Become a Charter City
To become a charter city, a city must adopt a charter. The California Constitution authorizes the voters to adopt a city charter. There are two ways to draft a charter: (1) the City Council drafts the charter; or (2) the City’s voters elect a charter commission to draft the charter. (Gov. Code, §§ 34451, 34458.) In either case, the charter is not adopted by the City until it is ratified by a majority vote of the City’s voters at a statewide regular election. (Gov. Code, §§34457, 34458.) To streamline the process, the City Council has directed staff to propose a charter for consideration and approval by the City Council, which would then be placed before the voters at the November 2022 general election. There is therefore no need to create a charter commission.

After the proposed charter has been drafted by the City Council, it may be sent to the voters for ratification at the next established statewide general election, provided there are at least 88 days remaining before the election. (Gov’t Code § 34458.) Before a proposal to adopt a charter is submitted to the voters, the City Council must hold at least two public hearings on the proposal of a charter and the content of the proposed charter. Notice of the public hearings shall be given by publication twice in a newspaper designated by the City Council and circulated throughout the city, and by posting notice in three public places within the city at least 21 calendar days prior to the date of each public hearing. The second public hearing shall be held at least 30 days after the first public hearing. At least one of the public hearings shall be held outside of normal 3554ofof478 85
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business hours to facilitate public participation. The City Council shall not conduct a vote on whether to approve the submission to the voters of the proposal to adopt a charter until 21 days after the second public hearing. (Gov. Code, § 34458.) If the charter includes a tax, as this charter is proposed to do, then a 2/3 majority of the City Council, or four affirmative votes, are needed to place the charter on the ballot per Government Code section 53734(b). A simple majority of voters must vote in favor of the proposed charter for the charter and tax to be adopted. (Gov. Code, § 34459.) On April 12, 2022, the City Council appointed a subcommittee consisting of Vice-Mayor Mason and Councilmember Marty Medina to discuss conducting a survey of likely voters regarding the contents of a proposed charter, and specifically a commercial real property transfer tax. The survey results conducted by a polling firm retained by the City revealed support for such a measure.

DISCUSSION:

Contents of Proposed Charter
General provisions
While there are no particular provisions required to be in a city charter, cities often reserve the greatest amount of power possible when they adopt charters. Under the California Constitution, it is sufficient to provide in any city charter that the city governed under it may make and enforce all ordinances and regulations regarding municipal affairs, subject only to restrictions and limitations provided in the charter. (Cal. Const. art. XI, § 5, subd. (b).)
At the March 29, 2022 study session, the City Council determined that the proposed charter should not include provisions implementing a rotational mayor, term limits, campaign contribution limits, or alternative voting mechanisms. The City Council directed that staff continue working on separate ballot measures for November 2022 to transition to a rotational mayor and to implement term limits. The City Council also directed that staff prepare an ordinance for City Council consideration implementing campaign contribution limits, and that staff should discontinue efforts at this time to explore alternative voting mechanisms.

Accordingly, staff recommends a charter that generally provides that the City will follow California law in all areas except those stated in the charter; and specifically that the charter should authorize the City to implement a commercial real property transfer tax if approved by the voters as an integral part of the charter. A draft charter is provided as Attachment 2. This procedure links the required voter approval of the charter to the required voter approval of the tax, so that both would be approved or disapproved in one ballot measure, avoiding the problem of inconsistent votes on two separate ballot measures. The City of El Cerrito successfully used this strategy in adopting its charter. 3655ofof478 85
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However, staff has recently become aware of the possibility that a statewide initiative may qualify for the November 2022 ballot, which if adopted by the voters could substantially affect many taxes, rates, and fees adopted by local agencies. If the initiative does qualify for the ballot, it is unclear whether it would affect the validity of a tax enacted as part of a newly adopted charter. To mitigate this potential risk, the City Council could consider placing a separate tax measure on the ballot, but as explained above, this creates the possibility that voters could adopt the charter but not the tax.

Placing the tax on the ballot as a separate measure would require four affirmative votes of the City Council, while placing the charter on the ballot without an integral tax would require three affirmative votes of the City Council. As more information will become available regarding whether the statewide measure will qualify for the November 2022 ballot, staff has proceeded with drafting the charter to include an integral commercial real property transfer tax, as previously directed by the City Council.

Prevailing Wage
One additional topic addressed in the charter is prevailing wage, which state law requires contractors to pay on most public projects. Charter cities are not bound by state prevailing wage requirements when exclusively municipal projects are undertaken and state and federal funds are not involved. (Vial v City of San Diego (1981) 122 CA3d 346; see Labor Code §1771.) The California Supreme Court held that a charter city may exempt itself from the state's prevailing wage requirements on the city's locally funded public works projects because the wage levels of contract workers constructing locally funded public works are a "municipal affair." (State Bldg. & Constr. Trades Council v City of Vista (2012) 54 C4th 547.) However, Labor Code section 1782 prohibits charter cities from receiving or using state funding or financial assistance for construction projects if the charter city has a charter provision or ordinance authorizing noncompliance with state prevailing wage laws, or if it has awarded a public works contract within the prior 2 years that did not require compliance with prevailing wage requirements. Limited exceptions apply to funding or contracts awarded before January 1, 2015, and for certain contracts of $25,000 or less. Labor Code section 1782 was upheld against a home rule challenge by a number of charter cities. (City of El Centro v Lanier (2016) 245 CA4th 1494.) Because the City has a strong history of supporting prevailing wage on all qualifying public projects, and to avoid uncertainty or legal challenges in the future, staff recommends including a provision in the charter confirming that the City will continue to require payment of prevailing wage per the state law applicable to general law cities.

Details and Structure of Commercial Real Property Transfer Tax A real property transfer tax is a tax on the sale of property that is paid when real property is conveyed, and is based on the value of the property. As noted above, only charter cities are authorized by state law to impose such a tax. This tax is distinguished from the similarly-named documentary transfer tax that the county has adopted, and 3756ofof478 85
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which all cities thereby became authorized to impose by ordinance. The City’s documentary transfer tax is codified in Municipal Code section 3.36, which since at least since 1980, has imposed the tax at the maximum legally authorized rate of $.55 per $1,000 of value.

Charter cites, in enacting their own laws, may enact a real property transfer tax in place of a documentary transfer tax and provide exemptions of certain property sales. The City Council has previously directed that staff consider a real property transfer tax only on the sale of commercial properties and not on the sale of residential properties.

Payment of the tax could be negotiated between buyer and seller. The tax would be owed at the time of sale of the commercial real property. The tax would collected by the City. Both the City Charter and the tax would be approved if the ballot measure receives at least a simple majority vote of affirmative votes.

Charter cities in the Bay Area opt for a wide range of fixed and variable property transfer tax rates. In response to the City Council’s direction to consider a real property transfer tax only on the sale of commercial properties, staff has analyzed the potential revenue scenarios under various options. Given the inherent difficulties with projecting the level of commercial sales activity and sale prices going forward, staff has analyzed the potential revenue that the City would have received in each of the prior 5 years based on actual sale transactions in San Bruno based on the transfer tax rates of 1%. The analysis concluded that the City would have collected annual property transfer taxes of approximately $1.1 million, if adopting the property transfer tax rates of our neighboring cities over the last 5 years.

It is important to note that property transfer tax revenue is an elastic revenue source in that it is highly influenced by economic shifts that affect the real estate market (e.g. interest rates, inflation, recessions, economic growth cycles, consumer confidence, local construction activity, etc.).

The City Council will need to specify a specific definition for commercial properties that will be subject to the proposed transfer tax. The term “commercial property” should not be interpreted to automatically exclude all residential dwellings. In simple terms, commercial real estate is a property that has the potential to generate profit through capital gain or rental income. A commercial property can be anything from an office building to a residential duplex, or even a restaurant or warehouse.

Based on prior City Council direction, and for the purposes of the attached Property Transfer Tax Simulation Analysis, City staff defined a commercial property as any transaction involving:
 Commercial Property (office building, hotel, retail structure, etc.)  Industrial Property (warehouses, manufacturing building, etc.)  Multifamily Housing Dwelling of 5 units or greater
 Planned Unit Development by Residential Developers
 Vacant Land
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Common property tax exemptions, such as those for religious and government properties, would apply to this definition.

Next Steps
As noted above, this is the first of two required public hearings regarding the contents of the proposed charter, with the second public hearing scheduled for June 28. Because 30 days must elapse between the second public hearing and the City Council’s decision to place the charter on the ballot, the City Council will need to schedule a special meeting on August 2 to take this action. The deadline for submitting ballot measures to the County for the November 8 election is August 12.

In summary, staff requests that the City Council provide direction at this meeting regarding whether at least four members of the City Council want to propose a charter measure to the voters at the November 2022 election, which would include an integral commercial real property transfer tax.

RECOMMENDATION: Conduct First Public Hearing Regarding Proposed City Charter and Commercial Real Property Transfer Tax
ALTERNATIVES:

1. Propose changes to the timing or recommended focus of the draft charter.

2. Do not move forward with a draft charter.

ATTACHMENTS:

1. League of California Cities Charter Analysis

2. Draft City Charter
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Information from the nonpartisan California League of Cities:
http://www.cacities.org/chartercities
Introduction
Charter Cities
Did you know that, under certain home rule provisions in California's state constitution, voters can exercise a greater degree of local control than that provided by the California Legislature? Becoming a charter city allows voters to determine how their city government is organized and, with respect to municipal affairs, enact legislation different than that adopted by the state.

In 2001, the Institute for Local Government, the League's research arm, teamed up with the Hastings Public Law Research Institute to create an informational resource for those interested in understanding more about this special form of local control. The League is grateful to everyone who helped with this project including Phillip Hall of UC Hastings and the Hastings Public Law Research Institute; Karl Berger of Jenkins & Hogin LLP; Betsy Strauss (Attorney at Law); John Cook (Former City Attorney, Indian Wells); and Harvey Levine (City Attorney, Fremont). In 2007, the League updated these resources and the new documents can be found below. The League would like to thank Hilda Cantú Montoy (Attorney at Law) for her help with the update.

Charter Cities: A Quick Summary for the Press and Researchers The following summary was drafted by the League of California Cities’ legal staff, in an attempt to give the press and research communities a primer on some frequently asked questions regarding charter cities.

Charter Cities vs. General Law Cities – The Basics

The California Constitution gives cities the power to become charter cities.1 The benefit of becoming a charter city is that charter cities have supreme authority over “municipal affairs.”2 In other words, a charter city’s law concerning a municipal affair will trump a state law governing the same topic.3

Cities that have not adopted a charter are general law cities. General law cities are bound by the state’s general law, even with respect to municipal affairs. Of California’s 478 cities, 108 of them are charter cities.

The charter city provision of the State Constitution, commonly referred to as the “home-rule” provision, is based on the principle that a city, rather than the state, is in the best position to know what it needs and how to satisfy those needs.4 The home-rule provision allows charter cities to conduct their own business and control their own affairs.5 A charter maximizes local control.

A city charter, in effect a city’s constitution, need not set out every municipal affair the city would like to govern. So long as the charter contains a declaration that the city intends to avail itself of the full power provided by the California Constitution, any city ordinance that regulates a municipal affair will govern over a general law of the state.6

Defining ‘Municipal Affairs’
Determining what is and is not a “municipal affair” is not always straightforward. The California Constitution does not define “municipal affair.” It does, however, set out a nonexclusive list of four “core” 4059ofof478 85
Information from the nonpartisan California League of Cities:
http://www.cacities.org/chartercities
categories that are, by definition, municipal affairs.7

These categories are 1) regulation of the “city police force”; 2) “subgovernment in all or part of a city”; 3) “conduct of city elections”; and 4) “the manner in which . . . municipal officers [are] elected.”8 Beyond this list, it is up to the courts to determine what is and is not a municipal affair.

To determine if a matter is a municipal affair, a court will ask whether there are good reasons, grounded on statewide interests, for the state law to preempt a local law.9 In other words, courts will ask whether there is a need for “paramount state control” in the particular area of law.10 The Legislature’s intent when enacting a specific law is not determinative.11
The concept of “municipal affairs” is fluid and may change over time.12 Issues that are municipal affairs today could become areas of statewide concern in the future.13 Nonetheless, there are some areas that courts have consistently classified as municipal affairs. These include:

• Municipal election matters14
• Land use and zoning decisions (with some exceptions)15 • How a city spends its tax dollars16
• Municipal contracts, provided the charter or a city ordinance exempts the city from the Public Contract Code, and the subject matter of the bid constitutes a municipal affair.17 Thus, a charter may exempt a city from the State’s competitive bidding statutes.

Likewise, there are some areas that courts have consistently classified as areas of statewide concern, including:

• Traffic and vehicle regulation18
• Tort claims against a governmental entity19
• Regulation of school systems20

How to Become a Charter City
To become a charter city, a city must adopt a charter. There are two ways to adopt a charter:

• The city’s voters elect a charter commission.21 The commission has the responsibility of drafting and debating the charter.

• The governing board of the city, on its own motion, drafts the charter.22

In either case, the charter is not adopted by the city until it is ratified by a majority vote of the city's voters.23

For more information about charter cities, please visit the “Charter Cities” section of the League’s Web site at http://www.cacities.org/chartercities.
1 Cal. Const. art. XI, § 3(a).
2 Cal. Const. art. XI, § 5(a).
3 Johnson v. Bradley, 4 Cal. 4th 389, 399 (1992). 4
Fragley v. Phelan, 126 Cal. 383, 387 (1899). 5
Id.
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6 There are some exceptions to this rule. For example, a charter city is bound by the Public Contract Code unless the city’s charter expressly exempts the city from the Code’s provisions or a city ordinance conflicts with a provision in the Code. See Cal.

Pub. Cont. Code § 1100.7.
7 Cal. Const. art. XI, § 5(b); Johnson, 4 Cal. 4th at 398. 8 Cal. Const. art. XI, § 5(b).
9 Johnson, 4 Cal. 4th at 405. 10
Id. at 400. 11
Id. at 405. 12
Cal. Fed. Savings & Loan Ass’n v. City of Los Angeles, 54 Cal. 3d 1, 16 (1991); Isaac v. City of Los Angeles, 66 Cal. App. 4th 586, 599 (1998). 13
Isaac, 66 Cal. App. 4th at 599. 14
Mackey v. Thiel, 262 Cal. App. 2d 362, 365 (1968). 15
See Brougher v. Bd. of Pub. Works, 205 Cal. 426, 440 (1928). 16 Johnson, 4 Cal. 4th at 407. 17
Pub. Cont. Code § 1100.7; R & A Vending Services, Inc. v. City of Los Angeles, 172 Cal. App. 3d 1188, 1191 (1985); Howard Contracting, Inc. v. G.A. MacDonald Constr. Co., 71 Cal. App. 4th 38, 51 (1998). 18 Cal. Veh. Code § 21. 19
Helbach v. City of Long Beach, 50 Cal. App. 2d 242, 247 (1942). 20 Whisman v. San Francisco Unified Sch. Dist., 86 Cal. App. 3d 782, 789 (1978). 21 Cal. Gov’t Code § 34451. 22
Cal. Gov’t Code § 34458. 23
Cal. Gov’t Code §§ 34457, 34462.
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General Law City v. Charter City
Characteristic General Law City Charter City
Ability to Govern
Municipal Affairs
Bound by the state’s general law, regardless
of whether the subject concerns a municipal
affair.

Has supreme authority over “municipal
affairs.” Cal. Const. art. XI, § 5(b).

Form of Government State law describes the city’s form of government For example, Government
Code section 36501 authorizes general law
cities be governed by a city council of five
members, a city clerk, a city treasurer, a
police chief, a fire chief and any subordinate
officers or employees as required by law.

City electors may adopt ordinance which
provides for a different number of council
members. Cal. Gov’t section 34871. The
Government Code also authorizes the “city
manager” form of government. Cal. Gov’t
Code § 34851.

Charter can provide for any form of
government including the “strong mayor,”
and “city manager” forms. See Cal. Const.
art. XI, § 5(b); Cal. Gov’t Code § 34450 et
seq.

Elections Generally Municipal elections conducted in accordance with the California Elections Code. Cal. Elec.

Code §§ 10101 et seq..

Not bound by the California Elections Code.

May establish own election dates, rules, and
procedures. See Cal. Const. art. XI, § 5(b);
Cal. Elec. Code §§ 10101 et seq..

Methods of Elections Generally holds at-large elections whereby voters vote for any candidate on the ballot.

Cities may also choose to elect the city
council “by” or “from” districts, so long as the
election system has been established by
ordinance and approved by the voters. Cal.

Gov’t Code § 34871. Mayor may be elected
by the city council or by vote of the people.

Cal. Gov’t Code §§ 34902.

May establish procedures for selecting
officers. May hold at-large or district
elections. See Cal. Const. art. XI, § 5(b).

City Council Member
Qualifications
Minimum qualifications are:

1. United States citizen

2. At least 18 years old

3. Registered voter

4. Resident of the city at least 15 days
prior to the election and throughout
his or her term

5. If elected by or from a district, be a
resident of the geographical area
comprising the district from which he
or she is elected.

Cal. Elec. Code § 321; Cal. Gov’t Code §§
34882, 36502; 87 Cal. Op. Att’y Gen. 30
(2004).

Can establish own criteria for city office
provided it does not violate the U.S.

Constitution. Cal. Const. art. XI, § 5(b), 82
Cal. Op. Att’y Gen. 6, 8 (1999).
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Characteristic General Law City Charter City
Public Funds for Candidate
in Municipal Elections
No public officer shall expend and no
candidate shall accept public money for the
purpose of seeking elected office. Cal. Gov’t
Code § 85300.

Public financing of election campaigns is
lawful. Johnson v. Bradley, 4 Cal. 4th 389
(1992).

Term Limits May provide for term limits. Cal. Gov’t Code § 36502(b).

May provide for term limits. Cal. Const. art.

XI, § 5(b); Cal Gov’t Code Section 36502 (b).

Vacancies and Termination
of Office
An office becomes vacant in several
instances including death, resignation,
removal for failure to perform official duties,
electorate irregularities, absence from
meetings without permission, and upon nonresidency. Cal. Gov’t Code §§ 1770, 36502, 36513.

May establish criteria for vacating and
terminating city offices so long as it does not
violate the state and federal constitutions.

Cal. Const. art. XI, § 5(b).

Council Member
Compensation and
Expense Reimbursement
Salary-ceiling is set by city population and
salary increases set by state law except for
compensation established by city electors.

See Cal. Gov’t Code § 36516. If a city
provides any type of compensation or
payment of expenses to council members,
then all council members are required to
have two hours of ethics training. See Cal.

Gov’t Code §§ 53234 - 53235.

May establish council members’ salaries.

See Cal. Const. art. XI, § 5(b). If a city
provides any type of compensation or
payment of expenses to council members,
then all council members are required to
have two hours of ethics training. See Cal.

Gov’t Code §§ 53234 - 53235.

Legislative Authority Ordinances may not be passed within five days of introduction unless they are urgency
ordinances. Cal. Gov’t Code § 36934.

Ordinances may only be passed at a regular
meeting, and must be read in full at time of
introduction and passage except when, after
reading the title, further reading is waived.

Cal. Gov't Code § 36934.

May establish procedures for enacting local
ordinances. Brougher v. Bd. of Public Works,
205 Cal. 426 (1928).

Resolutions May establish rules regarding the
procedures for adopting, amending or
repealing resolutions.

May establish procedures for adopting,
amending or repealing resolutions. Brougher
v. Bd. of Public Works, 205 Cal. 426 (1928).

Quorum and Voting
Requirements
A majority of the city council constitutes a
quorum for transaction of business. Cal.

Gov’t Code § 36810.

All ordinances, resolutions, and orders for
the payment of money require a recorded
majority vote of the total membership of the
city council. Cal. Gov't Code § 36936.

Specific legislation requires supermajority
votes for certain actions.

May establish own procedures and quorum
requirements. However, certain legislation
requiring supermajority votes is applicable to
charter cities. For example, see California
Code of Civil Procedure section 1245.240
requiring a vote of two-thirds of all the
members of the governing body unless a
greater vote is required by charter.
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Characteristic General Law City Charter City
Rules Governing
Procedure and Decorum
Ralph Brown Act is applicable. Cal. Gov’t
Code §§ 54951, 54953(a).

Conflict of interest laws are applicable. See
Cal. Gov’t Code § 87300 et seq..

Ralph Brown Act is applicable. Cal. Gov’t
Code §§ 54951, 54953(a).

Conflict of interest laws are applicable. See
Cal. Gov’t Code § 87300 et seq..

May provide provisions related to ethics,
conflicts, campaign financing and
incompatibility of office.

Personnel Matters May establish standards, requirements and procedures for hiring personnel consistent
with Government Code requirements.

May have “civil service” system, which
includes comprehensive procedures for
recruitment, hiring, testing and promotion.

See Cal. Gov't Code § 45000 et seq.

Meyers-Milias-Brown Act applies. Cal. Gov't
Code § 3500.

Cannot require employees be residents of
the city, but can require them to reside within
a reasonable and specific distance of their
place of employment. Cal. Const. art. XI, §
10(b).

May establish standards, requirements, and
procedures, including compensation, terms
and conditions of employment for personnel.

See Cal. Const. art. XI, § 5(b).

Procedures set forth in Meyers-Milias-Brown
Act (Cal. Gov't Code § 3500) apply, but note,
“[T]here is a clear distinction between the
substance of a public employee labor issue
and the procedure by which it is resolved.

Thus there is no question that 'salaries of
local employees of a charter city constitute
municipal affairs and are not subject to
general laws.'” Voters for Responsible
Retirement v. Board of Supervisors, 8
Cal.4th 765, 781 (1994).

Cannot require employees be residents of
the city, but can require them to reside within
a reasonable and specific distance of their
place of employment. Cal. Const. art. XI,
section 10(b).

Contracting Services Authority to enter into contracts to carry out necessary functions, including those
expressly granted and those implied by
necessity. See Cal. Gov't Code § 37103;
Carruth v. City of Madera, 233 Cal. App. 2d
688 (1965).

Full authority to contract consistent with
charter.

May transfer some of its functions to the
county including tax collection, assessment
collection and sale of property for nonpayment of taxes and assessments. Cal.

Gov't Code §§ 51330, 51334, 51335.
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Characteristic General Law City Charter City
Public Contracts Competitive bidding required for public works contracts over $5,000. Cal. Pub. Cont. Code
§ 20162. Such contracts must be awarded to
the lowest responsible bidder. Pub. Cont.

Code § 20162. If city elects subject itself to
uniform construction accounting procedures,
less formal procedures may be available for
contracts less than $100,000. See Cal. Pub.

Cont. Code §§ 22000, 22032.

Contracts for professional services such as
private architectural, landscape architectural,
engineering, environmental, land surveying,
or construction management firms need not
be competitively bid, but must be awarded
on basis of demonstrated competence and
professional qualifications necessary for the
satisfactory performance of services. Cal.

Gov't Code § 4526.

Not required to comply with bidding statutes
provided the city charter or a city ordinance
exempts the city from such statutes, and the
subject matter of the bid constitutes a
municipal affair. Pub. Cont. Code § 1100.7;
see R & A Vending Services, Inc. v. City of
Los Angeles, 172 Cal. App. 3d 1188 (1985);
Howard Contracting, Inc. v. G.A. MacDonald
Constr. Co., 71 Cal. App. 4th 38 (1998).

Payment of Prevailing
Wages
In general, prevailing wages must be paid on
public works projects over $1,000. Cal. Lab.

Code § 1771. Higher thresholds apply
($15,000 or $25,000) if the public entity has
adopted a special labor compliance program.

See Cal. Labor Code § 1771.5(a)-(c).

Historically, charter cities have not been
bound by state law prevailing-wage
requirements so long as the project is a
municipal affair, and not one funded by state
or federal grants. Vial v. City of San Diego,
122 Cal. App. 3d 346, 348 (1981). However,
there is a growing trend on the part of the
courts and the Legislature to expand the
applicability of prevailing wages to charter
cities under an analysis that argues that the
payment of prevailing wages is a matter of
statewide concern. The California Supreme
Court currently has before them a case that
will provide the opportunity to decide
whether prevailing wage is a municipal affair
or whether it has become a matter of
statewide concern.
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Characteristic General Law City Charter City
Finance and Taxing Power May impose the same kinds of taxes and assessment as charter cities. See Cal. Gov't
Code § 37100.5.

Imposition of taxes and assessments subject
to Proposition 218. Cal. Const. art.XIIIC.

Examples of common forms used in
assessment district financing include:
• Improvement Act of 1911. Cal. Sts.
& High. Code § 22500 et seq..
• Municipal Improvement Act of 1913.

See Cal. Sts. & High. Code §§
10000 et seq..
• Improvement Bond Act of 1915. Cal.

Sts. & High. Code §§ 8500 et seq..
• Landscaping and Lighting Act of
1972. Cal. Sts. & High. Code §§
22500 et seq..
• Benefit Assessment Act of 1982.

Cal. Gov't Code §§ 54703 et seq..

May impose business license taxes for
regulatory purposes, revenue purposes, or
both. See Cal. Gov't Code § 37101.

May not impose real property transfer tax.

See Cal. Const. art. XIIIA, § 4; Cal. Gov't
Code § 53725; but see authority to impose
documentary transfer taxes under certain
circumstances. Cal. Rev. & Tax. Code §
11911(a), (c).

Have the power to tax.

Have broader assessment powers than a
general law city, as well as taxation power as
determined on a case-by case basis.

Imposition of taxes and assessments subject
to Proposition 218, Cal. Const. art. XIIIC, §
2, and own charter limitations
May proceed under a general assessment
law, or enact local assessment laws and
then elect to proceed under the local law.

See J.W. Jones Companies v. City of San
Diego, 157 Cal. App. 3d 745 (1984).

May impose business license taxes for any
purpose unless limited by state or federal
constitutions, or city charter. See Cal. Const.
art. XI, § 5.

May impose real property transfer tax; does
not violate either Cal. Const art. XIIIA or
California Government Code section 53725.

See Cohn v. City of Oakland, 223 Cal. App.
3d 261 (1990); Fielder v. City of Los
Angeles, 14 Cal. App. 4th 137 (1993).

Streets & Sidewalks State has preempted entire field of traffic control. Cal. Veh. Code § 21.

State has preempted entire field of traffic
control. Cal. Veh. Code § 21.

Penalties & Cost Recovery May impose fines, penalties and forfeitures, with a fine not exceeding $1,000. Cal. Gov’t
Code § 36901.

May enact ordinances providing for various
penalties so long as such penalties do not
exceed any maximum limits set by the
charter. County of Los Angeles v. City of Los
Angeles, 219 Cal. App. 2d 838, 844 (1963).
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Characteristic General Law City Charter City
Public Utilities/Franchises May establish, purchase, and operate public works to furnish its inhabitants with electric
power. See Cal. Const. art. XI, § 9(a); Cal.

Gov't Code § 39732; Cal. Pub. Util. Code §
10002.

May grant franchises to persons or
corporations seeking to furnish light, water,
power, heat, transportation or
communication services in the city to allow
use of city streets for such purposes. The
grant of franchises can be done through a
bidding process, under the Broughton Act,
Cal. Pub. Util. Code §§ 6001-6092, or
without a bidding process under the
Franchise Act of 1937, Cal. Pub. Util. Code
§§ 6201-6302.

May establish, purchase, and operate public
works to furnish its inhabitants with electric
power. See Cal. Const. art. XI, § 9(a); Cal.

Apartment Ass’n v. City of Stockton, 80 Cal.

App. 4th 699 (2000).

May establish conditions and regulations on
the granting of franchises to use city streets
to persons or corporations seeking to furnish
light, water, power, heat, transportation or
communication services in the city.

Franchise Act of 1937 is not applicable if
charter provides. Cal. Pub. Util. Code §
6205.

Zoning Zoning ordinances must be consistent with
general plan. Cal. Gov't Code § 65860.

Zoning ordinances are not required to be
consistent with general plan unless the city
has adopted a consistency requirement by
charter or ordinance. Cal. Gov’t. Code §
65803.
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Information from the nonpartisan California League of Cities:
http://www.cacities.org/chartercities
Foundational aspects of charter cities
What is the Constitutional Framework for Charter Cities? Article XI, section 3(a) of the California Constitution authorizes the adoption of a city charter and provides such a charter has the force and effect of state law. Article XI, section 5(a), the "home rule" provision, affirmatively grants to charter cities supremacy over "municipal affairs." However, the California Constitution does not define the term "municipal affair."
What are "Municipal Affairs?"
The home rule provision of the California Constitution authorizes a charter city to exercise plenary authority over municipal affairs, free from any constraint imposed by the general law and subject only to constitutional limitations. See Cal. Const. art. XI § 5(a); Ex Parte Braun, 141 Cal. 204, 209 (1903); Bishop v. City of San Jose, 1 Cal. 3d 56, 61 (1969); Comm. of Seven Thousand v. Super. Ct. (City of Irvine), 45 Cal.3d 491 (1988).

How Do the Courts Distinguish Between Municipal and Statewide Concerns? Whether a given activity is a municipal affair over which a city has sovereignty, or a statewide concern, over which the legislature has authority, is a legal determination for the courts to resolve. Thus, the determination of whether a given activity is a municipal affair or statewide concern is done on a case-by-case basis. The court's determination will depend on the particular facts and circumstances of each case. See In Re Hubbard, 62 Cal. 2d 119, 128 (1964). Keep in mind that the concept of "municipal affairs" is a fluid one that changes over time as local issues become statewide concerns. See Issac v.

City of Los Angeles, 66 Cal. App. 4th 586 (1998).

What Activities Have the Courts Classified As Municipal Affairs? There are some areas that the courts have consistently classified as municipal affairs.

Examples include the following:
 Municipal Election Matters. See Mackey v. Thiel, 262 Cal. App. 2d 362 (1968).  Procedures for Initiative, Referendum and Recall. See Lawing v. Faul, 227 Cal.

App. 2d 23, 29 (1964).
 Procedures for Adopting Ordinances. See Brougher v. Board of Public Works, 205 Cal. 426 (1928).
 Compensation of City Officers and Employees. Cal. Const. art. XI, § 5(b); See Sonoma County Organization of Public Employees v. County of Sonoma, 23 Cal. 3d 296 (1979); but see San Leandro Police Officers Association v. City of San Leandro, 55 Cal. App. 3d 553 (1976) (labor relations is not a municipal affair; Charter cities are subject to the Meyers-Milias Brown Act. Cal. Gov’t Code § 3500.
 Processes Associated with City Contracts. See First Street Plaza Partners v. City of Los Angeles, 65 Cal. App. 4th 650 (1998); but see Domar Electric, Inc. v. City of Los Angeles, 41 Cal. App. 4th 810 (1995) (state law establishing employment policy may preempt local regulation of bidding criteria). 4968ofof478 85
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 Financing Public Improvements. See City of Santa Monica v. Grubb, 245 Cal.

App. 2d 718 (1996).
 Making Charitable Gifts of Public Funds for Public Purposes. See Cal. Const. art.

XVI, § 6; Tevis v. City and County of San Francisco, 43 Cal. 2d 190 (1954).  Term Limits for Council Members. See Cawdrey v. City of Redondo Beach, 15 Cal. App. 4th 1212 (1993); but see Cal. Gov't Code § 36502(b) (regulating term limits).
 Land Use and Zoning Decisions (with a few exceptions). See Brougher v. Bd. of Pub. Works, 205 Cal. 426 (1928).

What Activities Have the Courts Classified as Statewide Concerns? The following have consistently been classified by the courts as matters of statewide concern:
 School Systems. Whisman v. San Francisco Unified Sch. Dist., 86 Cal. App. 3d 782, 789 (1978).
 Traffic and Vehicle Regulation. Cal. Veh. Code § 21.
 Licensing of Members of a Trade or Profession. City and County of San Francisco v. Boss, 83 Cal. App. 2d 445 (1948).
 Tort Claims Against a Governmental Entity. Helbach v. City of Long Beach, 50 Cal. App. 2d 242, 247 (1942).
 Open and Public Meetings. Ralph M. Brown Act. Cal. Gov’t Code §§ 54951, 54953(a).
 Exercise of the Power of Eminent Domain. Wilson v Beville, 47 Cal. 2d 852, 856 (1957).
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What is a charter?
A city charter is a unique document that, in many ways, acts like a constitution for the city adopting it. It can only be adopted, amended or repealed by a majority vote of a city's voters. The primary advantage of a charter is that it allows greater authority for a city’s governance than that provided by state law. For example, a city may tailor its organization and elective offices, taking into account the unique local conditions and needs of the community.

A charter transfers the power to adopt legislation affecting municipal affairs from the state legislature to the city adopting it. A city operating under a charter can acquire full control over its municipal affairs. These affairs are unaffected by the general laws passed by the state legislature on the same subject matters. This, in effect, gives the local voters more control over their local government and the affairs of the city.

However, a city operating under a charter is still subject to the general laws, as passed by the state legislature, on affairs that are not municipal in nature, and are of statewide concern (e.g., California Vehicle Code).

It is the scope of the term "municipal affairs" that provides the opportunity for uncertainty.

No easy analytical test exists. The threshold issue is whether there is a conflict between state law and a charter city enactment. The next issue is whether the state regulation addressed an issue of "state wide concern." Courts analyze these conflicts on a caseby-case basis. 5170ofof478 85
Information from the nonpartisan California League of Cities:
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What is in a charter?
While a city charter is not required to have any particular provisions in it, a city will often reserve for itself the greatest amount of power it can when it adopts a charter. To accomplish this goal, the charter must include a declaration that it is the intention of the city to avail itself of the full power provided by the state constitution to charter cities.

However, the city is not required to extend the breadth of its charter any further than it wishes.

Some of the common areas that are explicitly regulated in a charter are:
 The date and conduct of city elections;
 Regulations on the appointment of municipal officials;  The terms and payment of municipal officials;
 The process for removal of municipal officials;
 Form of government;
 Budget adoption;
 The number, pay, qualifications, and appointment of deputies, clerks, and other employees that each municipal officer will have;
 Sub-government in all or part of the city;
 The tenure of office for deputies, clerks, and other employees;  The process for removal of such deputies, clerks, and other employees; and  The constitution, regulation, and government of the local police force.

A number of California cities' charters are available online. The National Civic League also has a model charter project.
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Information from the nonpartisan California League of Cities:
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Process used to adopt a charter
There are two ways to draft and adopt a city charter. The first is to elect a charter commission. The commission then has the responsibility of debating over the provisions and the drafting of the charter. The other alternative allows the governing board of the city, on its own motion, to draft the charter. In either case, the charter is not adopted by the city until it is ratified by a majority vote of the city's voters.

When using the charter commission approach, the first step is to elect the commission.

The vote to elect a charter commission is called for by either a majority vote of the city's governing body or by a petition signed by not less than fifteen percent of the registered voters within the city. If the formation of a charter commission is requested by a petition, the authority in charge of the city's registration records must verify the signatures on the petition. The expense of this verification must be paid for by the city's governing board.

If the petition is verified, the city's governing board must call for an election in accordance with sections 1000 and 10403 of the California Elections Code. See Cal.

Gov't Code section 34452.

Once it has been decided that a charter commission election will take place, candidates for commissioners must be nominated. Candidates for the office of charter commissioner are nominated either in the same manner as officers of the city or by petition. A candidate for charter commissioner must be a registered voter of the city.

After the election of commissioners, any vacancy on the commission will be filled by a mayoral appointment. See Cal. Gov't Code section 34452.

At an election for charter commission members, the voters will vote first on the following question: "Shall a charter commission be elected to propose a new charter?" After voting on this question, the voters will then vote for the charter commission candidates.

If a majority of the voters vote for the formation of a charter commission, then the top fifteen candidates for the office of charter commissioner will be organized as the city's charter commission. No commission will be formed if a majority of voters vote against the election of a charter commission. See Cal. Gov't Code section 34453.

Once formed, the charter commission will have the responsibility of developing the city's charter. After a simple majority of commissioners have decided that the proposed charter is appropriate, they file the charter with the city's clerk in preparation for a vote by the city's electorate. See Cal. Gov't Code section 34455. However, instead of sending the whole charter at once, periodically the commission may send portions of the charter to the city's electorate for a vote. See Cal. Gov't Code section 34462.

After the charter (or portions of it) has been filed, it must be copied in type greater than 10 point and either mailed to all the voters of the city or made available to those citizens who wish to review it before the election. The city may show the difference between existing provisions of law and the new charter through the use of distinguished type styles, but this is not required. See Cal. Gov't Code section 34456.

After the charter has been filed with the city clerk, the city's governing board must decide whether to call a special election or to wait until the next established municipal election to submit the charter to the voters. If the city's governing board determines that a 5372ofof478 85
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http://www.cacities.org/chartercities
special election should be held, then they must call for that special election within 14 days of the charter being filed. The special election must be set at least 95 days after the date from which the special election was called. See Cal. Gov't Code section 34457.

In any case, the charter commission must send the charter to the voters within two years of the vote that formed the commission. Upon the expiration of the two-year time period, the commission is abolished. See Cal. Gov't Code section 34462.

The alternative to electing a charter commission is to have the city's governing board develop and draft the charter. An election to decide on the adoption of a charter may be called by initiative or the city council. See Cal. Const. art. XI, § 3. On its own motion, the city's governing board may propose a charter and submit it to the voters for adoption.

See Cal. Gov't Code section 34458. With this option, the governing board can call a special election or allow the charter to be voted on at any established election date, as long as that election date is at least 88 days after the proposed charter was filed with the city clerk. See Cal. Gov't Code section 34458. As a practical matter, an election may have to be called sooner than 88 days before the election in order to meet certain notice and ballot printing deadlines.

In either case, the majority of voters must vote in favor of the proposed charter for it to be ratified. The charter will not go into effect until it has been filed and accepted by the Secretary of State. See Cal. Gov't Code section 34459. After a charter is approved by a majority vote of the voters, the mayor and city clerk shall certify that the charter was submitted to the voters of the city and that it was approved by a majority vote. See Cal.

Gov't Code section 34460. One copy of the approved charter shall be filed with the County Recorder's office and one shall be kept in the City's archive. See Cal. Gov't Code section 34460. A third copy of the charter must be submitted to the Secretary of State with (1) copies of all publications and notices in connection with the calling of the election; (2) certified copies of any arguments for or against the charter proposal which were mailed to the voters; (3) a certified abstract of the vote at the election on the charter. See Cal. Gov't Code section 34460.
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Information from the nonpartisan California League of Cities:
http://www.cacities.org/chartercities
How to amend or repeal a charter
If a citizens group, or the city's governing body, wishes to amend or repeal a portion of the city's charter, the steps remain largely the same as they are for drafting a charter.

There are, however, two notable exceptions. First, the petition calling for the repeal or amendment needs only ten percent of the electorate's signatures, instead of the previous fifteen percent. See Cal. Elec. Code sections 9215 and 9255. The other notable difference has to do with the charter itself. A city charter may establish different rules for the municipal elections process than those laid out by the state legislature in the Elections Code. If this is the case, the city's charter will govern the elections process used to appeal or amend the city's charter, instead of the general laws laid out in the Elections Code.
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Information from the nonpartisan California League of Cities:
http://www.cacities.org/chartercities
Charter Cities
Adelanto
Alameda
Albany
Alhambra
Anaheim
Arcadia
Bakersfield
Bell
Berkeley
Big Bear Lake
Buena Park
Burbank
Carlsbad
Cerritos
Chico
Chula Vista
Compton
Culver City
Cypress
Del Mar
Desert Hot Springs
Dinuba
Downey
El Centro
Eureka
Exeter
Folsom
Fortuna
Fresno
Gilroy
Glendale
Grass Valley
Hayward
Huntington Beach
Indian Wells
Industry
Inglewood
Irvine
Irwindale
King City
Kingsburg
Lancaster
La Quinta
Lemoore
Lindsay
Loma Linda
Long Beach
Los Alamitos
Los Angeles
Marina
Marysville
Merced
Modesto
Monterey
Mountain View
Napa
Needles
Newport Beach
Norco
Oakland
Oceanside
Oroville
Pacific Grove
Palm Desert
Palm Springs
Palmdale
Palo Alto
Pasadena
Petaluma
Piedmont
Placentia
Pomona
Port Hueneme
Porterville
Rancho Mirage
Redondo Beach
Redwood City
Richmond
Riverside
Roseville
Sacramento
Salinas
San Bernardino
San Diego
San Francisco
San Jose
5675ofof478 85
Information from the nonpartisan California League of Cities:
http://www.cacities.org/chartercities
San Leandro
San Luis Obispo
San Marcos
San Mateo
San Rafael
San Ramon
Sand City
Santa Ana
Santa Barbara
Santa Clara
Santa Cruz
Santa Maria
Santa Monica
Santa Rosa
Santee
Seal Beach
Shafter
Signal Hill
Solvang
Stockton
Sunnyvale
Temple City
Torrance
Truckee
Tulare
Vallejo
Ventura
Vernon
Victorville
Visalia
Vista
Watsonville
Whittier
Woodlake
Total Cities: 120
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51007.00001\34998213.1
1 CHARTER OF THE CITY OF SAN BRUNO

STATEMENT OF PURPOSE
The City of San Bruno was incorporated as a general law city in 1914 by residents seeking the right to manage local affairs. Since then, the authority of general law cities over local affairs has diminished. Furthermore, the State has continually added mandates for cities that require local resources to address State concerns, increased its control over local matters, and redirected much needed local revenue for its own purposes. Changes in State law have limited the ability of San Bruno to decide how to use local dollars for local needs. The power of home rule, granted by the California Constitution, makes available to charter cities a variety of tools to use to implement local policy and address local concerns. With this Charter, San Bruno will reclaim more local autonomy and expand the economic and fiscal independence of our City government to promote the health, safety, and welfare of all its residents. Therefore, we do hereby exercise the express right granted by the Constitution of the State of California to enact and adopt this Charter for the City of San Bruno.

ARTICLE I. ESTABLISHMENT OF HOME RULE, POWER OVER MUNICIPAL

AFFAIRS, GENERAL LAW POWERS
Section 100. Powers of the City. The City of San Bruno (the “City”) shall have full power and authority to adopt, make, exercise, and enforce all legislation, laws, ordinances, resolutions, and regulations with respect to municipal affairs, subject only to the limitations and restrictions imposed on that power by this Charter, the Constitution of the State of California, and the laws of the United States.

Section 101. Municipal Affairs. Municipal affairs encompass all matters of local concern as determined by the City Council consistent with the meaning of "municipal affairs" under the constitutional, statutory, and judicially defined law of the State of California. Each of the matters set forth in this Charter are declared to be municipal affairs, consistent with the laws of the State of California. The municipal affairs set forth in this Charter are not intended to be an exclusive list of municipal affairs over which the City Council may govern. The exercise of home rule over each matter set forth in this Charter uniquely benefits the residents of the City and addresses local concerns within the City.

Section 102. Powers under State Law.
(a) In addition to the power and authority granted by this Charter and the Constitution of the State of California, the City shall have the power and authority to adopt, make, exercise, and enforce all legislation, laws, ordinances, resolutions, and regulations and to take all actions and to exercise any and all rights, powers, and privileges heretofore or hereafter established, granted or prescribed by any law of the State of California or by any other lawful authority. In the event of any conflict between this Charter and the general laws of the State of California related to a municipal affair, this Charter shall control.
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2 (b) Nothing in this Charter is intended to restrict the City in exercising any right, power or authority granted under the general laws of the State of California. However, the provisions of this Charter shall prevail in the event of any conflict with the general laws of the State of California, unless preempted by state law on matters of statewide concern.

ARTICLE II. CONTINUATION OF BOUNDARIES, FORM OF GOVERNMENT,

AND EXISTING LAW
Section 200. Incorporation and Succession. The City shall continue to be a municipal corporation known as the City of San Bruno. The boundaries of the City shall continue as established prior to this Charter taking effect until changed in the manner authorized by law. The City shall remain vested with and shall continue to own, have, possess, control, and enjoy all property rights and rights of action of every nature and description owned, had, possessed, controlled, or enjoyed by it at the time this Charter takes effect. The City shall be subject to all debts, obligations, and liabilities of the City at the time this Charter takes effect.

Section 201. Form of Government. The government of the City shall continue to be the Council-Manager form of government as established by the San Bruno Municipal Code at the time that this Charter takes effect and by the laws of the State of California. The Council-Manager form of government of the City may be changed in the same ways and using the same procedures as a general law city.

Section 202. City Council, City Manager, and City Attorney. (a) The City Council shall establish the policy of the City. The City Manager shall carry out that policy.
(b) The City Council shall appoint the City Manager.
(c) The City Manager, as the chief administrative officer of the City, shall appoint all department heads other than the City Attorney.
(d) The City Council shall appoint the City Attorney. The City Attorney may be an employee of the City or an independent contractor providing legal services pursuant to a contract.

Section 203. Continuation of Existing Local Laws. All ordinances, codes, resolutions, regulations, rules, and portions thereof, in force at the time this Charter takes effect, and not in conflict or inconsistent herewith, shall continue in force until repealed, amended, changed, or superseded in the manner provided by this Charter and any other applicable laws.

Section 204. General State Laws. Except as provided in this Charter and in any ordinance, code, resolution, or other law adopted by the City Council regarding a matter 5978ofof478 85
51007.00001\34998213.1
3 that is a municipal affair, the City shall be governed by the general laws of the State of California.

ARTICLE III. MUNICIPAL REVENUE
Section 300. Revenue Raising Power. The City may exercise all powers of a charter city to generate revenue, including but not limited to taxes, fees, assessments, and other charges.

Section 301. Real Property Transfer Tax. Without limiting the general power of the City, as expressed in Section 300 above, to generate revenue, the City may impose a tax on the conveyance of real property, based upon the price paid for the real property (“real property transfer tax”). Any real property transfer tax imposed by the City shall be in addition to any similar tax authorized by the general laws of the State of California.

ARTICLE IV. PREVAILING WAGES FOR PUBLIC WORKS AND PUBLIC

CONTRACTING
Section 400. State Prevailing Wage Law. The City shall comply with the laws of the State of California applicable to general law cities regarding the payment of prevailing wages for public works projects.

Section 401. Contracting for Public Works. The City shall comply with the laws of the State of California applicable to general law cities regarding contracting for public works.

The City’s laws, ordinances, codes, resolutions, and policies implementing State laws regarding contracting for public works shall continue to apply when this Charter takes effect and may be amended thereafter.

ARTICLE V. ELECTIONS
Section 500. State Elections Law. The City shall comply with the laws of the State of California applicable to general law cities regarding elections. The City’s laws, ordinances, codes, resolutions, and policies implementing State laws regarding elections shall continue to apply when this Charter takes effect and may be amended thereafter.

Section 501. Initiative, Referendum, and Recall. Without limiting the general applicability of Section 500 of this Charter, the City shall comply with the laws of the State of California applicable to general law cities regarding initiative, referendum, and recall.

ARTICLE VI. INTERPRETATION, SEVERABILITY, AND AMENDMENT Section 600. Construction and Interpretation. The language of this Charter is intended to be permissive rather than exclusive or limiting and shall be liberally and broadly construed in favor of the exercise by the City of its power to govern with respect to any matter that is a municipal affair. Every reference in this Charter to state or federal law shall mean that law as it exists when this Charter takes effect or as it may thereafter be amended. 6079ofof478 85
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4 Section 602. Severability. If any provision of this Charter should be held by a court of competent jurisdiction to be invalid, void, or otherwise unenforceable, the remaining provisions shall remain enforceable to the fullest extent permitted by law.

Section 603. Amendment of Charter. As provided by state law, this Charter, and any of its provisions, may be amended by a majority vote of the electors voting on the question.

Amendment or repeal may be proposed by initiative or by the City Council. 6180ofof478 85
City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: June 28, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Jovan Grogan, City Manager
PREPARED BY: Pamela Wu, Director
SUBJECT: Hold Public Hearing and Take the Following Actions to Approve the Glenview Terrace Residential Subdivision Project:
• Adopt a Resolution Approving the Initial Study/Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program, Pursuant to CEQA Guidelines §15074; and
• Adopt a Resolution Amending the General Plan Land Use Designation for APN: 019-042-170 From Low Density Residential to Medium Density Residential; and
• Introduce, Read by Title Only, and Waive Further Reading of an Ordinance Amending the Zoning Ordinance to Rezone APN: 019-042-170 From Low-Density Residential (R-1) to Planned Development (P-D). And Amend an Existing P-D District for APNs: 019-042-150 and 019-042-160 to Conform to the Proposed Project, and Approve a Development Plan, Pursuant to Sections 12.96.020 and 12.96.190.K and Chapter 12.136 of the San Bruno Municipal Code; and
• Adopt a Resolution Approving a Vesting Tentative Tract Map • Adopt a Resolution Approving a Planned Development Permit and an Architectural Review Permit to Allow the Construction of 29 Single-family Homes at the Corner of San Bruno and Glenview Drive, Pursuant to Sections 12.96.190 and 12.108.010 of the San Bruno Municipal Code; and Pursuant to Chapter 12.38 of the San Bruno Municipal Code; and • Adopt a Resolution Approving an Affordable Housing Plan, Pursuant to Chapter 12.230 of the San Bruno Municipal Code; and
• Adopt a Resolution Authorizing a New Four-way Stop at the Intersection of San Bruno Ave. W. and Glenview Drive; and,
• Introduce, Read by Title Only, and Waive Further Reading of an Ordinance Approving a Development Agreement Pursuant to City Resolution 1986-77.

BACKGROUND: A residential project was entitled for 2880 and 2890 San Bruno Avenue W. in 2006. The approval was for the construction of 16 townhomes within three separate buildings on a 1.08-acre portion of the site (APNs: 019-042-150 and 019-042-160). The site was formerly developed with a gasoline service station and auto repair and service building that were removed in 2003. The entitled project also required the General Plan designation for the site to be amended from Neighborhood Commercial to Medium Density Residential and changed the zoning for APNs: 019-042-150 and 019-042-160 from Neighborhood Commercial District to 62 of 478
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Planned Development District. However, the approved project was never built, and the associated approvals have since expired though the P-D zoning remains in place.

Existing Conditions
The existing site consists of three parcels (APNs: 019-042-150, 019-042-160, and 019-042- 170), bounded to the south by San Bruno Avenue W. and to the west by Glenview Drive. The southern portion of the site fronting on San Bruno Avenue W., known as 2880 and 2890 San Bruno Avenue W., was formerly developed with a gasoline service station, is the portion of the site that was approved for townhomes in 2006. This portion of the site remains undeveloped.

The northern portion of the site, known as 850 Glenview Drive, is currently developed with a vacant church building and associated vacant parsonage (house).

The site slopes down gradually to the east before sloping down more steeply in the northeast corner of the site with the elevation ranging from approximately 475 feet in the southwestern corner to approximately 402 feet in the northeastern corner. The site is primarily covered by low weedy grasses with heavier brush and mature trees concentrated in the northeast portion of the site.

Project Description
The proposed project includes the demolition of existing on-site structures (church and parsonage at 850 Glenview Drive) and redevelopment of the entire 3.28-acre project site into 29 residential lots in addition to five utility and open space lots and two minimum 22-feet wide private streets (street A and street B) serving the new residential development. The five utility and open spaces lots would be utilized for access, utility easement, storm drain and open space purposes and would be owned and maintained by the homeowner’s association. Proposed homes would be two-story with six homes along the eastern edge of the site abutting Crestmoor Canyon having walk-out basements integrated into to the downslope. The homes will range in size from 1,727 to 2,613 square feet of habitable space, with an average of 2,019 square feet of habitable space and 3-4 bedrooms. All homes will have a 420 square foot, attached two-car garage with private rear yards honoring 4’-0” side setbacks, and 15’-0” front setbacks. Proposed lot sizes range from 2,339 to 4,133 sq. ft., with an average lot size of 3,070 square feet and a .80 average floor area ratio (FAR). Each home would have two covered parking spaces and a driveway that accommodates two additional cars. Nineteen additional on-street guest parking spaces along the internal circulation street will be included to serve the new residential development. Four homes would be deed restricted affordable units for low- and moderateincome households to comply with the requirements of Chapter 12.230 of the Code. The applicant has submitted the requisite Affordable Housing Plan for the project.

The three existing lots would be merged into one development site then re-subdivided into 29 single-family lots, right-of-way, amenity space, defensible space, and landscaped detention basins for the project. A homeowners’ association would be created to maintain all streets and the six common area lots.

The project would include the construction of internal roadways for circulation and connection to Glenview Drive at three entry points. Two entry points would provide two-way circulation for site ingress and egress, the southernmost entry point nearest San Bruno Ave. would be ingress only. The proposed internal rights-of-way would range in width from 22 to 24 feet and include a sidewalk on one side of the street. On-site parking would be restricted to the private garages and driveways provided for each new home and 19 additional guest parking spaces. 63 of 478
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In addition to the 29 residential lots, six common area lots that will be owned and maintained by HOA are proposed. Lots B, D, E, and F are proposed areas for public use and defensible space.

Lots A and C are proposed areas for stormwater treatment and hydromodification. The northern stormwater treatment area (Lot C) would be approximately 3,180 sf, while the stormwater treatment area (Lot A) would be approximately 3,046 sf. An 1,801 square foot private recreational area is proposed (Lot B) which includes picnic tables, grills, and benches. Adjacent to Lots 18 to 23, Lot D, approximately 18,883 square feet in size, would also include a 30-foot defensible space area in which existing vegetation would be cut back and maintained to a maximum height of one-foot six-inches. Lot E is a 1,754 square foot landscaped open space located at the southwest corner of the development. The street, stormwater detention areas, and all defensible space would be owned and maintained by the proposed homeowner’s association.

Project Summary Table
Topic Proposed Project
APNs 019-042-150, 019-042-160,
and 019-042-170
Site Area 142,877 sq ft (3.28 acres)
Project Design /
Characteristics
29 Single-family Detached Homes

8.8 units per acre
2 stories (32 feet max)
Building lot coverage: 44.2%
Land Use
Designation
Change the Land-Use designation of
APN: 019-042-170 (a.k.a. 850
Glenview Drive) from Low Density
Residential
to Medium Density Residential
Zoning Rezone APN: 019-042-170 (a.k.a.
850 Glenview Drive) from R-1 (SingleFamily Residential to P-D (Planned Development District)
Floor Area  56,499 sq. ft. habitable
 12,275 sq. ft. non-habitable
 68,774 sq. ft. gross
Open Space  One private amenity area, Lot B
(1,801 sq. ft.)
 General open space area (27,071
sq. ft.)
Vehicular Access
and Circulation
Three new street entrances from
Glenview Drive to a new private
internal roadway network.

Parking 58 private garage spaces
58 private driveway spaces
19 on-street guest spaces
136 total parking space
Pedestrian Access New 5’ sidewalk on one side of the
internal street.
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Public Outreach
Public notice for the City Council meeting was mailed on June 16, 2022. Staff has received no comments as of the completion of this staff report. Over the course of staff’s review, the applicant held two noticed neighborhood meetings for the project. Notices for neighborhood meetings were mailed to occupants and owners of the entire Crestmoor neighborhood.

In total, the applicant hosted three neighborhood meetings for the project. The first two meetings were in-person and held on February 2, 2014 and March 24, 2014. A virtual neighborhood meeting was held more recently on May 20, 2021. Feedback obtained from the first two meetings was considered as the formal project plans were developed. Comments included a request for a traffic signal at San Bruno Ave. and Glenview Drive, concerns regarding potential view impacts, compatibility of the proposed three-story homes in the subdivision, overall density, traffic, parking for larger vehicles, and privacy.

At the more recent virtual neighborhood meeting the applicant presented the changes to the project that were made in response to neighbors’ comments at the two earlier meetings. Most notably, the project was revised so that all of the homes were two-stories above street level.

Secondly, the meeting attendees were advised that the San Bruno Ave. and Glenview Drive intersection did not warrant a signal light based on traffic engineering standards and that an allway stop with improved pedestrian crossings were being proposed for the intersection.

Summaries of the three meetings are attached to this staff report.

PC Meeting Summary
The Planning Commission reviewed all aspects of the project at its April 19, 2022 meeting and unanimously adopted all resolutions recommending City Council approval of all entitlements associated with the project. Four members of the public spoke at the meeting, their questions and concerns are included in the following summary, followed by staff’s responses as warranted and shown in italics:
 How will the project impact existing street parking on Glenview Drive? The project will result in a net increase of two on-street parking spaces for each new residence on Glenview Drive in addition to guest parking.
 Will the amenity space be available for non-residents? The amenity space is only for residents of the new development and will be maintained by the project HOA.
 The project construction follows nine years of construction following the Crestmoor rebuild, which will be disruptive to residents.
 Not much information could be found about the applicant/developer.  The adjacent property owner supports the project.
 The project will help the city meet its RHNA.
 Landscape must be wind resistant.
 The project will impact rush hour traffic on San Bruno Ave. W. and Glenview Drive.  What hauling route will be used for construction vehicles to access the site? Prior to building permit issuance, staff will work with the applicant to develop a hauling route that utilizes San Bruno Ave. W. as the only way to access the site. The proposed hauling route will be reviewed by Public Works staff during the improvement and final map review process.

Entitlement Process and Applicable Findings
The proposed project requires approval of a General Plan Amendment, Zoning Ordinance Amendment, Planned Development Permit, Architectural Review Permit, Vesting Tentative 65 of 478
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Map, Affordable Housing Plan, and Development Agreement for the construction of 29 new single-family residences. The General Plan Amendment is a legislative approval adopted by resolution, and the Zoning Amendment and Development Agreement are legislative approvals which require City Council’s approval by ordinance. The Planning Commission reviewed all aspects of the project scope and made recommendations for approval on all aforementioned entitlements to the City Council. The required planning approvals are outlined below:

General Plan Amendment. The project requires amending 2.2-acre northern portion of the site (APN:019-042-170), from the current General Plan land use designation of Low Density Residential to Medium Density Residential. The new General Plan land use designation would allow up to 24.0 dwellings per acre to match the remaining 1.08-acre portion of that is on the south of the development site. The General Plan land use designation for the 1.08-acre site has been previously amended to medium-density, as a result of the 2006 townhome project approval. The proposed project is within the density permitted by the medium-density designation.

Zoning Ordinance Amendment. The project requires amending the Zoning Ordinance to change the zoning district for APN: 019-042-170 from R-1 to Planned Development District (P-D). The P-D (APNs: 019-042-150 and 019-042-160) is a result of the 2006 townhome project approval that was never constructed. As part of the overall proposal, APNs: 019-042-150 and 019-042- 160 would be amended to create a consistent zoning for the entire site to implement the project.

The amendment to the Planned Development District (P-D) would allow greater flexibility in project design and development standards to accommodate unique site characteristics. The PD district would designate the site for single-family small lot housing and the Development Plan would establish specific development standards for the project. The zoning amendment would be consistent with the General Plan amendment, as required by state law (Gov. Code § 65860).

Vesting Tentative Map. A vesting tentative tract map is proposed to merge the three existing lots (APNs: 019-042-150, 019-042-160, and 019-042-170) into one development site and then subdivide it into 29 residential individual lots in addition to six lots for community use to accommodate open space, stormwater treatment, and recreational space. Two private streets, Street A and Street B, minimum of 22-feet in width will connect the proposed development on Glenview via three entry points. New curb, gutter and sidewalk will be in installed along Glenview and San Bruno Avenue.

Planned Development Permit (PDP). A Planned Development Permit is required for any parcel zoned P-D, per Section 12.96.190.K, to ensure that the proposed project is consistent with the approved P-D development plan and the City’s residential design guidelines.

Architectural Review Permit. An Architectural Review Permit is required pursuant to Section

12.108.010 of the San Bruno Municipal Code for any new building that is visible from the public right-of-way.

Development Agreement. California Government Code Section 65864, et seq., and City Resolution 1986-77 authorize the City to enter into a binding, long-term development agreement establishing certain development rights for the property. Development Agreements can provide certainty, definition and commitment as to proposed development and as to necessary public improvements required by development. In San Bruno, Development Agreements are common for larger projects that might require multiple years to construct or where an offer of community benefits is being made. For the Glenview Terrace project the developer has offered to provide 66 of 478
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the City with a contribution in the amount of $400,000.00. The contribution amount is based on a “value capture” calculation whereby the City shares in the additional developer profit attributable to the increased allowable development. EPS prepared an analysis that supports the community benefit being offered as within the range of the value being added to the project through the upzoning. The draft development agreement for the project has been reviewed by the developer and is attached to this report.

Off-Site Street Improvements. The proposed project includes the installation of a new four-way stop sign and pedestrian improvements at the intersection of San Bruno Avenue W. and Glenview Drive. The new stop signs were recommended by the stop warrant analysis that was prepared as part of the project’s environmental analysis. The proposed improvements were reviewed and recommended favorably by the Traffic Safety and Parking Committee (TSPC) at their June 2, 2021 meeting. The installation of a new four-way stop sign requires approval from City Council.

Should the improvements be approved by Council, the traffic improvements will be added the project’s improvement plans. Staff also recommends requiring pedestrian improvements to the intersection of San Bruno Avenue W. and Glenview Drive.

DISCUSSION:

Architectural Peer Review
Staff has worked very closely with the project applicant and the City’s architectural peer review consultant to review and refine the overall site design and architectural appearance of the project from application submittal to what is shown in the attached plans. Since the original design, several design modifications were made and implemented. Most notably, a recommendation to remove three-story homes was taken into consideration. The revised design also reflected an increasing of the front setback along Glenview Drive, removal of obstructions to increase site lines at the southernmost driveway ingress, and refinements to the overall architectural elevations.

Staff has determined that the current proposal is responsive to the city’s design recommendations. The most recent design analysis for the project is attached to the staff report as Attachment 8. The proposed home designs comply with the Residential Design Guidelines, and staff has prepared Architectural Review Permit findings to support the project as stated below.

Site Design
Proposed lots within the subdivision vary in size from 2,339 to 4,133 square feet. The average lot size within the subdivision is 3,070 sq. ft., 39% smaller than the 5,000 sq. ft. lot required in a R-1 District by San Bruno Municipal Code Section 12.96.060.D. The lot size is far less than the 5,000 square feet required by code but similar to other approved residential subdivisions and is allowed through a P-D development. In addition, the small lot sizes are consistent with the Housing Element Program 1-B to promote small lot development.

The site is laid out to take full advantage of the flatter portion of the site, leaving the steeply sloped eastern portion of the site remain undeveloped which constitutes 13% of the overall site area. Except for one home, the remaining homes are accessed from an internal street with three connection points to Glenview Drive. Each home has a minimum 18’-0” setback, measured from front property line to the face of the garage to allow for off-street parking within the driveway.

The one home that fronts on Glenview Drive was specifically sited in this manner to visually 67 of 478
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integrate the development with the existing Crestmoor neighborhood which has larger lots and homes that front on Glenview Drive. The internal street was laid out to provide proper street access, measured at 22’-0”in width, to every home within the subdivision. Lastly, the development is pulled back, approximately 30’-0” from the corner of San Bruno Avenue and Glenview Drive to ensure adequate driver visibility when turning right from San Bruno Avenue to Glenview Drive going north.

Architectural Style / Height / Setbacks / Lot Size
There are 10 different floor plans with three to four bedrooms which range in size from 1,727 to 2,613 square feet of habitable space. The average home has 1,948 square feet of habitable space. All homes have 420+ square foot, two car garages. Most of the houses are two stories in height with some of the larger homes located on the eastern edge of the site being 2 stories over a basement due to the sloping site. All of the homes exceed the .55 FAR permitted in the R-1 District by section 12.96.060 of the San Bruno Municipal Code, with an average FAR of .8, and all homes are less than 34’-0” above the average grade level beneath the homes, measured to the ridgeline, which is below the 50’-0” maximum permitted height limit.

All homes have minimum 4’-0” side setbacks and rear yards range from 6.7’ in depth to 23’ in depth. These setbacks and yards are similar to Skycrest subdivision, that is located near Lunardi’s Market but less than Skyline Ridge, located near Skyline College and less than the 5’ side setbacks and 10’ rear yards required by the San Bruno Municipal Code Section 12.96.060 within a R-1 District.

The proposed homes will have three varying architectural styles: Craftsman, Colonial, and Mediterranean Within the three architectural styles there are three different exterior color and material schemes for a total of 12 different exterior elevations which will be dispersed throughout the development. The site plan is pre-plotted with each floor plan and elevation type to ensure the intended mix of units on the site is maintained. All of the designs include bay windows, porches, wood trim detail, planter boxes, window shutters and touches of brick or stone accents are provided to give the development architectural character. All materials and construction will be specified for wildfire land areas.

Off Street and On Street Guest Parking
Chapter 12.100 of the San Bruno Municipal Code requires two parking spaces for each residence and one guest parking space per every 10 units. Each house has a two-car garage that measures 420+ sq. ft. in area with a driveway that measures 18’ – 20’ in length to accommodate two additional off-street parking spaces. Additionally, the project would provide 19 guest parking spaces where 3 guest spaces are required. Guest parking spaces are dispersed throughout the subdivision. Therefore, the project will exceed the required guest parking requirements.

Open Space and Recreational Space
There is a small recreational space with a grill, tables, and benches located on lot B which measures 1,801 square feet, located near the guest parking area on the north end of the site.

This amenity space is for the residents allowing for small outdoor gatherings and is the only programmed usable amenity space within the development. The other five public use lots are passive open spaces used for defensible space, landscape, and stormwater treatment areas. In total, 25% of the overall site area is devoted to open space, not including the private open space on each lot. These areas will be maintained by the development HOA. 68 of 478
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Residential Density (Dwelling Unit / Acre)
The project requires a General Plan Amendment to change the land use designation from LowDensity Residential to Medium Density Residential because the project density exceeds the maximum density (26 dwellings) permitted in the Low-Density Residential land use classification.

The Medium Density Residential land use designation permits up to 24.0 dwellings per acre and is intended to allow single-family attached and detached housing, including small lot and zerolot line development. This land use designation would allow up to 79 dwellings on the subject property where a total of 29 units is proposed, hence, the proposed project would not maximize the buildable density of the proposed land use designation.

Ordinance 1284
Among the provisions of Ordinance 1284 is a restriction on density increases within districts which were zoned residential in 1974. The subject parcels were not zoned residential in 1974 and therefore aren’t subject to the provisions of Ordinance 1284. In 1974, the southern portion of the property (2880 and 2890 San Bruno Avenue W.) was developed with a gas station and was zoned Neighborhood Commercial (C-N), and the northern portion of the site (850 Glenview Drive) was zoned Open Space (O). Therefore, the density provisions of Ordinance 1284 do not apply to these properties and voter approval is not required to increase the density as proposed.

Off-Site Street Improvements
The proposed project includes the installation of a new four-way stop sign at the intersection of San Bruno Avenue W. and Glenview Drive. The new stop signs were recommended by the stop warrant analysis that was prepared as part of the project’s environmental analysis. Such installation requires review from the Traffic Safety and Parking Committee (TSPC) and approval from the City Council. The TSPC reviewed this request at their June 2, 2021 meeting and supported staff’s recommendation to construct the all-way stop sign intersection and pedestrian improvements. Should the improvements be approved by the City Council, the traffic improvements will be added the project’s improvement plans. Although the Planning Commission is not required to forward a formal recommendation to City Council on this action, the TSPC recommendation in the form of meeting minutes, have been attached to this staff report.

Affordable Housing
The proposed project is subject to the City’s Affordable Housing Program as outlined in Chapter

12.230 of the San Bruno Municipal Code. The ordinance applies to new for-sale and rental residential developments of five or more units. The ordinance requires new for-sale residential projects to include at least 15 percent of the total units as affordable housing units with five percent of the units restricted for occupancy by low-income households and 10 percent of the units restricted for occupancy by moderate-income households for a period of 45 years. Based on the ordinance requirements, the total on-site obligation is four affordable units, distributed by income level as follows: 3 moderate income units and one low-income unit. With a partial lowincome unit payment for a decimal fraction of less than one-half.

Staff has worked with the applicant to formulate an Affordable Housing Plan (Exhibit B to Attachment 7) that satisfies the City’s affordable housing requirements. The applicant has agreed to restrict the sale of four units to low- and moderate-income households that would be deed restricted for a period of 45 years starting from the date of certificate of occupancy. In 69 of 478
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addition, the applicant would pay an affordable housing in-lieu fee equal to the decimal fraction (.45) multiplied by the affordable housing in-lieu fee per affordable unit established for the project. After City Council’s approval and prior to recordation of Final Map, the applicant will complete the final Affordable Housing Agreement to meet these obligations.

The Vesting Tentative Map includes a condition of approval requiring the developer to execute and record an Affordable Housing Agreement that documents the project’s affordable housing obligations prior to approval of the final map.

Development Agreement
In conjunction with processing and consideration of the development applications for the Project, the City has negotiated the terms of a Development Agreement attached to this staff report, which provide certain rights and benefits for the developer and certain rights and benefits for the City if the City Council elects to approve the applications for the Project and enter into the Development Agreement.

The proposed four-year term of the Development Agreement provides the Developer with assurance that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to conditions of approval.

The Development Agreement specifies the duration of the agreement, includes conditions, terms, restrictions, and requirements that must be met during the course of the development and commits the Developer to two community benefit payments of $200,000 each ($400,000 total) with the first payment to be paid upon issuance of the first building permit and the second payment to be paid upon issuance of the building permit for the tenth home.

FISCAL IMPACT: The applicant submitted a developer reimbursement agreement deposit to cover staff and consultant costs in processing these applications. Subject to City Council approval, the Developer will execute the Development Agreement that will include a cash payment of up to $400,000 to the City’s General Fund. The City will also obtain other associated permit fees, development impact fees, Public Art Fee, property taxes, water and sewer capacity fees, cable account revenues, other utility connection fees and utility billing revenue associated with the project.

ENVIRONMENTAL IMPACT: An Initial Study/Mitigated Negative Declaration (IS/MND) has been prepared for the project pursuant to the California Environmental Quality Act (CEQA) to identify and address any potentially significant environmental effects associated with the project itself.

Initial Study/Mitigated Negative Declaration
The IS/MND (Attachment 3, Exhibit A) identifies the potential environmental impacts associated with the implementation of the proposed project and recommends mitigation measures to reduce potentially significant impacts. All impacts identified would be mitigated to a less-thansignificant level with implementation of the recommended mitigation measures, so a Mitigated Negative Declaration was prepared.

Impacts in the following areas would be less than significant:
 Aesthetics
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 Agriculture and Forestry Resources
 Biological Resources
 Energy
 Greenhouse Gas Emissions
 Hydrology and Water Quality
 Land Use and Planning
 Mineral Resources
 Population and Housing
 Public Services
 Recreation
 Transportation
 Tribal Cultural Resources
 Utilities and Service Systems
 Wildfire
Impacts in the following areas would be potentially significant but would be reduced to a lessthan-significant level by implementation of the recommended mitigation measures.  Air Quality – Construction of the proposed project would exceed the applicable threshold of significance for NOX, resulting in a potentially significant impact. Implementation of the BAAQMD’s Basic Construction Mitigation Measures would minimize NOX construction-related emissions to less-than-significant. Compliance with BAAQMD’s Basic Construction Mitigation Measures is included.
 Cultural Resources – Cultural Resources could be encountered during construction, so standard mitigation measures related to preserving and protecting cultural resources is included.
 Geology and Soils – The project site is located within the Alquist-Priolo fault zone and is susceptible to potentially significant seismic surface rupture and strong seismic ground shaking.

In addition, the potential exists for landslides, lateral spreading, slope instability and the loss of topsoil during grading to occur at the project site. To mitigate these impacts the project is required to implement the recommendations of the Geo Technical report and submit an erosion control plan prior to grading activities.
 Hazards and Hazardous Materials – The potential presence of asbestos and lead-based paint in on-site structures may present a hazard to workers during demolition of the structures.

In addition, the possibility exists to encounter limited contamination in on-site soil during grading and excavation. These represent potentially significant impacts to the public, therefore, mitigation measures have been applied to the project to address them.  Noise – Construction activities have the potential to result in temporary increases in noise levels in the project area that could result in a potentially significant noise impact relative to ambient noise levels in the vicinity of the project. Compliance with the City’s noise ordinance would reduce the noise impacts to less-than-significant. This mitigation measure for noise is included.

The IS/MND was made available for a 30-day public review period which commenced on May 3, 71 of 478
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2021 and ended June 2, 2021. A notice of intent (NOI) was filed with the State Clearinghouse, circulated to property owners within 300 feet of the project site and the entirety of the Crestmoor neighborhood, and posted on the City’s website for the project.

Response to Comments Memo
During the 30-day comment period, the City received two written comments from members of the public. A Response to Comments Memo (Exhibit C to Attachment 3) was prepared to document responses to comments received on the IS/MND. The Response to Comments document includes the comments that were received on the IS/MND and responses to those comments.

REQUIRED LEGAL NOTICE

1. Notices of Public Hearing were mailed to owners and occupants of property within 600 feet and to the entire Crestmoor neighborhood on June 16, 2022. The same neighborhood notification was also done for the MND review period and the Planning Commission meeting.

The expanded notice to the entire Crestmoor neighborhood was offered by staff early in the review process to ensure neighbors that would be most affected by the project were made aware.

2. Advertisement published in the San Mateo Times, Saturday, June 18, 2022.

RECOMMENDATION:

Hold Public Hearing and Take the Following Actions to Approve the Glenview Terrace Residential Subdivision Project:
 Affirm the Findings for Approval Including the CEQA Conformity Determination  Adopt a Resolution Approving the Initial Study/Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program, Pursuant to CEQA Guidelines §15074; and  Adopt a Resolution Amending the General Plan Land Use Designation for APN: 019-042-170 from Low Density Residential to Medium Density Residential  Introduce, Read by Title Only, and Waive Further Reading of an Ordinance Amending the Zoning Ordinance to Rezone APN: 019-042-170 From Low-Density Residential (R-1) to Planned Development (P-D). And Amend an Existing P-D District for APNs: 019-042-150 and 019-042-160 to Conform to the Proposed Project, and Approve a Development Plan, Pursuant to Sections 12.96.020 and 12.96.190.K and Chapter 12.136 of the San Bruno Municipal Code; and
 Adopt a Resolution Approving a Vesting Tentative Tract Map, Pursuant to Chapter 12.38 of the San Bruno Municipal Code; and
 Approve a Planned Development Permit and an Architectural Review Permit to Allow the Construction of 29 Single-family Homes at the Corner of San Bruno Ave. W. and Glenview Drive, Pursuant to Sections 12.96.190 and 12.108.010 of the San Bruno Municipal Code; and  Adopt a Resolution Approving an Affordable Housing Plan  Adopt a Resolution Authorizing a New Four-way Stop at the Intersection of San Bruno Ave. W. and Glenview Drive; and,
 Introduce, Read by Title Only, and Waive Further Reading of an Ordinance Approving a Development Agreement Pursuant to City Resolution 1986-77. 72 of 478
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ALTERNATIVES:

1. Do not approve the applications.

2. Request changes to the project as proposed and/or the conditions of approval or Development Agreement.

ATTACHMENTS:

1. Findings for Approval Including the CEQA Conformity Determination

2. City Council Resolution Adopting an Initial Study and Mitigated Negative Declaration Exhibit A: Initial Study/Mitigated Negative Declaration (appendices available at: Glenview Terrace | San Bruno, CA)
Exhibit B: Mitigation Monitoring and Reporting Program
Exhibit C: IS/MND Response to Comments Memo

3. City Council Resolution Approving a General Plan Amendment

4. City Council Ordinance Amending Section 12.96.020 of Title 12 (Land Use) of the San Bruno Municipal Code to Change the Zoning Map from the Single-Family Residential District (R-1) to Planned Development District (P-D) District with a Development Plan for the Project

5. City Council Resolution Approving a Vesting Tentative Tract Map

6. City Council Resolution Approving a Planned Development Permit and Architectural Review Permit

7. City Council Ordinance Approving an Affordable Housing Plan Exhibit A: Affordable Housing Plan

8. City Council Resolution Authorizing Off-Site Street Improvements at the Intersection of San Bruno Ave. W. and Glenview Drive

9. City Council Ordinance Approving a Development Agreement Exhibit A: Draft Development Agreement

10. Applicant’s Project Description and Proposed Construction Schedule

11. Site Location Map and Photographs

12. Reduced Plans Renderings, and Materials Board

13. Planning Commission Resolution No. 2022-02 Recommending that the City Council adopt an Initial Study and Mitigated Negative Declaration

14. Planning Commission Resolution No. 2022-03 Recommending Approval a General Plan Amendment to the Land Use Designation for APN: 019-042-170 to change from Low Density Residential to Medium Density Residential and Approval of an Ordinance amending the Municipal Code Title 12 (Land Use) and Change the Zoning Map from Commercial (C) to Planned Development District (P-D)

15. Planning Commission Resolution No. 2022-04 Recommending Approval of a Vesting Tentative Tract Map

16. Planning Commission Resolution No. 20122-05 Recommending Approval of a Planned Development Permit and Architectural Review Permit

17. Planning Commission Resolution No. 2022-06 Recommending Approval of a Development Agreement and Affordable Housing Plan

18. TSPC meeting minutes

19. Community Meetings Summaries

20. Public Comments
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ATTACHMENT 1 –

FINDINGS FOR APPROVAL INCLUDING THE CEQA

CONFORMITY DETERMINATION

FOR THE GLENVIEW TERRACE RESIDENTIAL

SUBDIVISION PROJECT
(APNs: 019-042-150, 019-042-160 & 019-042-170)
The City shall grant the requested project approvals only if the City Council makes all of the following findings. Required findings are in bold followed by staff’s analysis of the merits of the project and how the findings can be made. (Wording for these findings quoted from the Municipal Code may be revised in the proposed City Council Resolution to reflect the specific approvals involved.)
With respect to the Environmental Determination, pursuant to CEQA Guidelines §15074, the City Council finds:

1. There is no substantial evidence that the project will have a significant effect on the environment and that the mitigated negative declaration reflects the lead agency’s independent judgement and analysis.

Basis for Finding: An Initial Study/Mitigated Negative Declaration (IS/MND) has been prepared for the project pursuant to the California Environmental Quality Act (CEQA) to identify and address any potentially significant environmental effects associated with the project itself.

The IS/MND found the project could have potentially significant impacts in regard to Air Quality, Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, and Noise but that all potentially significant environmental impacts would be reduced to a lessthan-significant level by implementation of the recommended mitigation measures. The City Council has considered the contents of the Mitigated Negative Declaration, public comments made during circulation of the document together with any comments received during the public review process and finds that the project will not have a significant effect on the environment with incorporation of mitigation measures. The recommended mitigation measures have been incorporated into a Mitigation Monitoring and Reporting Program that have been applied to the project as conditions of approval.

With respect to the General Plan Amendment, pursuant to Government Code §65350.5, the City Council finds:

2. The Amendment is in general conformance with the objectives, policies, general land uses and programs specified in the 2009 General Plan
Basis for Finding: The Amendment to change the land use designation of a 2.2-acre portion of the development site (from Low Density Residential to Medium Density Residential would allow construction of the project at the proposed density, which would advance the following Housing Element programs: Program 1-B. Maintain and expand the supply of small lots 74 of 478
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through the Planned Unit Permit and the Zoning Ordinance Update processes Program 2- C. Support identified housing opportunities by working with property owners and the community to support redevelopment. The subject property has been identified as a housing opportunity site that needs redevelopment. Therefore, the proposed General Plan Amendment is internally consistent and consistent with the Housing Element.

With respect to the Zoning Ordinance Amendment, pursuant to SBMC 12.136.030 and

12.96.190.H, the City Council finds:

3. That said amendment is in general conformance with the general plan and that the public necessity, convenience and general welfare require adoption of the proposed amendment.

Code §65860). Additionally, the existing P-D District for APNs 019-042-150 and 019-042- 160 would be amended so the density of the new Development Plan is consistent with the project and consistent across the development site. The P-D District would allow medium density residential use on the entire project site and establish development standards adapted to the unique site characteristics and consistent with existing standards for small lot, single-family residential development which is encouraged by Program 1-B. of the General Plan. Therefore, the amendment is in conformance with the General Plan.

With respect to the Development Plan, pursuant to SBMC 12.96.190.H, the City Council finds:

4. The proposed P-D district can substantially be completed within the time schedule submitted by the applicant.

Basis for Finding: As a condition of approval, Planned Development Permit PDP12-001 and Vesting Tentative Tract Map TM13-001 shall become null and void if a building permit has not been secured within the timeframe specified within two years from project approval as specified within conditions of approval though the Development Agreement allows the Director to extend the timeframe with reasonable discretion. Therefore, the P-D can be substantially completed within the time schedule submitted by the developer.

5. Each unit of the development, as well as the total development, can exist as an independent development capable of creating an environment of sustained desirability and stability or adequate assurance that such objective will be attained.

Basis for finding: The entire project has been designed to create a cohesive and distinct residential community of 29 single-family housing units, with internal roadways, common open space, defensible space, and extensive landscaping. The condition of approval ensures that the necessary water, sewer and storm drain infrastructure is installed to serve the project with minimal disturbance to the surrounding neighborhoods. The single-family homes will be well integrated into the existing neighborhood with home oriented towards Glenview Drive, creating an integrated and attractive edge as viewed from the exterior. The 75 of 478
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project has been designed to adapt to the challenging topography and configuration of this long-vacant site with development concentrated on the flatter portion of the site and the steep hillside left undeveloped. Therefore, each unit of the development, as well as the total development, can exist as an independent development capable of creating an environment of sustained desirability and stability or adequate assurance that such objective will be attained.

6. The land uses proposed will not be detrimental to the present or potential surrounding uses but will have a beneficial effect which would not be achieved through other districts.

Basis for finding: The site layout was designed to avoid development on the steep slope on the eastern portion of the project site and be compatible with the surrounding Glenview residential neighborhoods. Most of the homes are sited to create a distinct internally oriented residential neighborhood. The homes along Glenview Drive are oriented to create an attractive edge that responds to the Crestmoor neighborhood which has homes fronting Glenview Drive.

The installation of an all-way stop sign at the intersection of San Bruno Avenue W. and Glenview Drive and the new entrance to the proposed residential project will slow traffic and increase pedestrian and vehicular safety for all residents of the Crestmoor neighborhood to access the Lunardi’s supermarket on the south side of San Bruno Avenue W.

The development has been designed to adapt to the challenging topography and configuration of this long-vacant site. Several homes along the eastern edge of the site will have basements that are not visible from the street, thus maintaining the two-story scale of the development for compatibility with the surrounding neighborhood.

New street trees will be planted throughout the project site, and along edge of Glenview Drive and San Bruno Avenue W. The project will utilize a variety of drought tolerant and native vegetation, ranging from flowering trees, small evergreen trees, a variety of different shrubs, grasses, vines, and ground cover. Common areas and the frontage along San Bruno Avenue W. will include landscaped bio-retention areas providing storm water treatment.

Landscaping at the San Bruno Avenue West street frontage will provide an attractive boundary that softens the appearance of the development and provides a needed sound barrier between the development and street traffic. Therefore, the land uses proposed will not be detrimental to the present or potential surrounding uses but will have a beneficial effect which would not be achieved through other districts.

7. The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and increased densities will not generate traffic in such amounts as to overload the street network outside the P-D district.

Basis for finding: The Initial Study and Mitigated Negative Declaration found that the project impacts on traffic would be less than significant. The project will include three driveway access points to Glenview Drive, with stop signs at each driveway access point. A four-way stop is proposed at the intersection of San Bruno Avenue W. and Glenview Drive to make it 76 of 478
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safer for pedestrian access across San Bruno Avenue W. and facilitate southbound traffic coming from Glenview Drive. The Transportation Safety and Parking Committee supports the proposed intersection improvements.

The single-family homes are arranged along both sides of a 22’-0” wide loop street, with sidewalks on one side of the street and 19 guest parking spaces in designated areas. To maintain emergency vehicle access, parking on the street would not be allowed. Therefore, the streets and proposed are suitable and adequate to carry anticipated traffic, and increased densities will not generate traffic to overload the street network outside the P-D district.

8. Any exceptions from the standard district requirements are warranted by the design of the project and amenities incorporated in the development plan.

Basis for finding: The exceptions from the standard district requirements include smaller single-family lot sizes, reduced setbacks (front and side), and reduced rear yards not typically allowed in single-family neighborhoods. The smaller lot sizes and reduced setbacks are comparable to similar single-family residential developments approved in San Bruno in recent years, including Skyline Ridge (40 units), Merimont (70 units), Marisol (105 units), Cedar Mills (14 units), and Skycrest (24 units). Smaller single-family lot sizes have become increasingly favored by homeowners who don’t need or use large yard areas and it is useful for increasing dwelling density while still providing a detached single-family home which is favored by consumers. The single-family project establishes a subdivision with landscaping, stormwater treatment areas, defensible space, an internal private street that adapts to the challenging site topography and presents an attractive outward appearance. Therefore, exceptions from standard zoning district requirements are warranted to allow the project in the Development Plan.

9. The area surrounding the development can be planned and zoned in coordination and substantial compatibility with the proposed development and the P-D district uses proposed are in conformance with the general plan of the city.

Basis for Finding: As stated above, the development is consistent with the General Plan designation for medium density residential uses and meets the dwelling unit density standards. The proposed single-family homes are compatible with the adjacent Crestmoor neighborhood.

With respect to the Vesting Tentative Map, pursuant SBMC 12.36.220, the City Council finds:

10. The proposed tract map, together with the provisions for its design and improvement, is consistent with the general plan, as amended pursuant to the City Council's recommendation, and any specific plan as specified in Section 65451 of the Government Code.

Basis for Finding: The lotting plans of the Vesting Tentative Map support the project given the proposed density and lot coverage for the Medium Density Residential General Plan 77 of 478
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land use designation. The overall project is consistent with the General Plan policy to “allow small-lot single-family housing in new and existing neighborhoods to serve as efficient and compact infill development” (LUD-5).

11. The real property to be subdivided, and each lot or parcel to be created, is of such character that it can be used safely for building purposes without danger to health or peril from fire, flood, geologic hazard or other menace.

Basis for Finding: The conditions of approval include mitigation measures requiring compliance with the site-specific recommendations in the geotechnical study for permanent erosion control measures and the requirement for all grading and foundation plans to be prepared by a civil engineer and reviewed by the Director of Public Works and/or Chief Building Official. Conditions of approval have also been included to comply with the Fire Department and Public Works Department requirements. Including conditions requiring all structures to be built according to Wildland Urban Interface (WUI) standards. These mitigation measures and conditions of approval will ensure that each lot to be created can be safely developed without danger to health from fire, geologic hazard and ground contamination. Therefore, no danger to health or peril from fire, flood, geologic hazard or other menace is likely to occur.

12. Each lot or parcel to be created will constitute a buildable site and will be capable of being developed in accordance with the applicable provisions of the zoning code, as amended pursuant to the City Council's recommendation.

Basis for Finding: The Vesting Tentative Map will create legal individual parcels, with unique assessor parcel numbers for each single-family home site. The parcels are designed to accommodate the proposed development plan, and therefore each parcel to be created will constitute a buildable site and will be capable of being developed in accordance with the proposed development plan.

13. The site is physically suitable for the type and proposed density of development.

Basis for Finding: The overall site area is approximately 3.28-acres. Twenty-nine (29) homes and common area are proposed site, resulting in a density of 8.84 units per acre which is at the low end of the Medium Density Residential General Plan designation which permits 8.1 to 24.0 dwellings per acre. Each home would have setbacks and yards comparable to other recently approved residential subdivisions while leaving the hillside on the eastern portion of the site undeveloped. Therefore, the site is physically suitable for the type and proposed density of development.

14. The design of the subdivision and improvements, and the type of improvements, is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat or to cause serious public health problems.

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requirements; to minimize temporary construction dust impacts to an acceptable level; to implement measures to avoid disturbing birds and bats or their habitat, and to avoid tree removal. Compliance with the MMRP is required as a condition of approval, therefore, substantial environmental damage and harm to wildlife is not likely to occur.

15. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed subdivision.

Basis for Finding: Existing public utility easements on the property, held by PG&E, are no longer in use and will be abandoned as part of the project. As conditioned, the final map must show a public utility easement to provide city access to all infrastructure. There are no public access easements on the property, therefore, the design of the subdivision and improvements will not conflict with any existing public use of or through the subject property.

With respect to the Planned Development Permit, pursuant SBMC 12.96.190, the City Council finds:

16. The proposed planned development permit is consistent with the previously approved development plan and that any proposed single-family or two-family dwellings conform to the basic design principles of the residential design guidelines as approved by resolution by the city council and as may be revised from time to time.

Basis for Finding: The subdivision project was designed in parallel with P-D Development Plan. The City’s peer review architect and staff reviewed the project plans and found that the proposed single-family homes meet the basic design principles of the City’s Residential Design Guidelines. The City’s architectural peer review analysis of the project is attached to this staff report. Most of the peer review recommendations have been incorporated into the project, therefore, the planned development permit is consistent with the development plan and the Residential Design Guidelines.

With respect to the Architectural Review Permit, pursuant SBMC 12.108.030, the City Council finds:

17. The proposed buildings, site plan, and landscaping are in substantial conformance with the goals, policies, and objective development standards of the zoning code, General Plan, and applicable specific plans.

Basis for Finding: The proposed site plan consists of small lot single-family development which fully utilizes the portion of the lot with the least amount of slope, leaving the steeply sloped portion undeveloped, allowing for a defensible space between the development and the canyon. Each house would be set back from the street and incorporate side setbacks, thus maintaining the traditional development pattern of a single-family neighborhood. The development’s Glenview Drive frontage is appropriately landscaped and includes a number of homes which are oriented towards Glenview Drive thus reinforcing the development of the existing Crestmoor neighborhood to the north. 79 of 478
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18. The site for the proposed development is adequate in size and shape to accommodate proposed building site plan and landscaping.

Basis for Finding: The density of the proposed development is well below the maximum density permitted by the proposed medium-density land use designation. The overall site area is approximately 3.28-acres. Twenty-nine homes and common area are proposed on the site resulting in a density of 8.8 units per acre which is consistent with the General Plan Medium Density Residential designation of up to 24 units per acre. Furthermore, twenty-nine homes can be accommodated on the site while maintaining a defensible space and two landscaped stormwater detention basins and streets within the development would be a minimum of 22’-0” in width, with turning radii that can accommodate emergency vehicles, therefore demonstrating the site can accommodate the proposed development.

19. The design of the building site plan, landscaping, and streetscape, including street trees, lighting, and street furnishings, is consistent with the character of the surrounding area, and would not create an adverse visual impact on the surrounding area.

The site layout was designed to be compatible with surrounding residential neighborhoods, in particular, the Skycrest development on the south side of San Bruno Avenue and the homes on Glenview Drive immediately north of the site. The single-family homes are sited to create a distinct internally oriented residential neighborhood with an attractive edge as viewed from the exterior with several homes oriented towards Glenview Drive.

The development has been designed to adapt to the challenging topography and configuration of this long-vacant site, making efficient use of the flatter portion of the site.

20. The development will not be detrimental to public health, safety, or welfare.

As stated above, there is a Mitigation Monitoring and Reporting Program (MMRP) associated with the project that must be adhered to before and during project construction.

Compliance with the MMRP will ensure the project is not detrimental to public health, safety, or welfare.

21. The proposed development contributes to the creation of an attractive and visually interesting built environment that includes a variety of building styles and designs with well-articulated structures within a unifying context that encourages increased 80 of 478
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pedestrian activity and promotes compatibility among neighboring land uses within the same or different districts.

The project will include three different architectural styles (Craftsman, Colonial, and Mediterranean) and three different exterior color and material schemes within each style for a total of 12 different exterior elevations. The different elevations will be dispersed throughout the development to ensure a visually interesting streetscape. All of the designs include bay windows, porches, wood trim detail, planter boxes, window shutters and touches of brick or stone accents are provided to give the development architectural character. The home at the northwest corner of the site fronts on Glenview Drive and is larger and on a wider lot than most of the homes in an effort to provide a transition between the small-lot development of the project and the larger lots of the adjacent Crestmoor neighborhood to the north. To promote pedestrian activity, the sidewalks along San Bruno Avenue and Glenview Drive will be replaced and a new four-way Stop Sign and pedestrian crossings will be installed at the intersection to make it safer to walk to the nearby grocery store.
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RESOLUTION NO. 2022 - __

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN BRUNO

ADOPTING A MITIGATED NEGATIVE DECLARATION

AND MITIGATION MONITORING AND REPORTING PROGRAM

FOR THE PROPOSED

GLENVIEW TERRACE RESIDENTIAL SUBDIVISION PROJECT
(APNS: 019-042-150, 019-042-160, AND 019-042-170)
WHEREAS, New Shidai Development, LLC ("Applicant") is the owner of that certain

3.28 acre site located at 850 Glenview Drive and 2880 and 2890 San Bruno Avenue W. in the City of San Bruno and more particularly described as Assessor’s Parcel Numbers 019- 042-150, 019-042-160, and 019-042-170 (the "Property"); and WHEREAS, Applicant desires to develop on the Property the Glenview Terrace Residential Subdivision Project, which consists of a residential subdivision of 29 single-family homes with associated roadways and infrastructure (the "Project"); and WHEREAS, in order to develop the Project, Applicant has submitted an application to the City of San Bruno for approval of the following: (1) an amendment to the San Bruno General Plan to change the land use designation of a portion of the Property from Low Density Residential to Medium Density Residential; (2) an amendment to the Zoning Ordinance to change the zoning district of a portion of the Property from Single Family Residential (R-1) to Planned Development (P-D) and amend the existing P-D District; (3) a Development Plan for the Property; (4) a Planned Development Permit and Architectural Review Permit; (5) a Vesting Tentative Map merging the existing three lots and subdividing the Property into 29 single-family parcels and common area parcels (6) and a Development Agreement; and
WHEREAS, pursuant to §15074 of the California Environmental Quality Act (CEQA) and Implementing Guidelines, an Initial Study and Draft Mitigated Negative Declaration, dated April 2021, have been prepared by Raney Planning & Management, Inc. and, based on the type and intensity of land uses identified with the Project and the information contained therein, the Initial Study and Draft Mitigated Negative Declaration conclude that the Project, with the proposed mitigation measures, would not have a significant adverse effect on the environment; and
WHEREAS, the reports, technical studies, appendices, plans, specifications, and other documents and materials that constitute the record of proceedings on which this Resolution is based are on file for public examination during normal business hours at the Community and Economic Development Department, 567 El Camino Real, San Bruno California 94066. The custodian of records is the City of San Bruno Community and Economic Development Department.
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WHEREAS, the IS/MND identified that: the Project will have no or less than significant impacts on Aesthetics, Agriculture and Forestry Resources, Biological Resources, Energy, Greenhouse Gas Emissions, Hydrology and Water Quality, Land Use and Planning, Mineral Resources, Population and Housing, Public Services, Recreation, Transportation, Tribal Utilities and Service Systems, and Wildfire; the Project’s impacts on Air Quality, Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, and Noise are potentially significant but that all such impacts can be reduced to levels of insignificance by implementation of the mitigation measures identified in the IS/MND; and WHEREAS, pursuant to CEQA Guideline §15074, the City, as the lead agency for the Project, posted a Notice of Intent on the City's website, filed the Notice of Intent with the County Clerk for posting, directly mailed the Notice of Intent to public agencies through the State Clearing House (SCH # 2021040782) and requesting parties, and provided copies of the Initial Study/Mitigated Negative Declaration to the public for review and comment for a thirty (30) day period beginning May 3, 2021 and ending June 2, 2021; and WHEREAS, the City received four public comments on the Initial Study/Mitigated Negative Declaration during the public review period and the comments were sufficiently addressed in the “Response to Comments” document; and
WHEREAS, in connection with the approval of a project involving the preparation of an Initial Study/Mitigated Negative Declaration that identifies one or more potentially significant environmental effects, CEQA requires the decision-making body of the lead agency to incorporate feasible mitigation measures that would reduce those potentially significant environment effects to a less-than-significant level; and WHEREAS, pursuant to CEQA Guideline §15074, whenever a lead agency approves a project requiring the implementation of measures to mitigate or avoid potentially significant effects on the environment. CEQA also requires a lead agency to adopt a mitigation monitoring and reporting program to ensure compliance with the mitigation measures during project implementation. A copy of the Mitigation Monitoring and Reporting Program ("MMRP") for the Project, which defines the measures which would be imposed on the Project to mitigate or avoid potentially significant environmental impacts, is attached hereto as Exhibit "B" and incorporated herein by reference; and WHEREAS, a link to the copy of the Initial Study/Mitigated Negative Declaration is set forth on Exhibit "A" and incorporated herein by reference; and WHEREAS, on April 19, 2022, the Planning Commission adopted Resolution 2022-02 recommending that the San Bruno City Council adopt an Initial Study and Mitigated Negative Declaration (IS/MND), dated April 2021, and Mitigation Monitoring Program prepared by Raney Planning and Management, Inc. to analyze the environmental effects of the proposed project and, based on the type and intensity of land uses identified with the proposed project and the information contained in IS/MND, the project would not have a significant adverse effect on the environment that would not be mitigated by the proposed mitigation measures; and
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WHEREAS, a Notice of Public Hearing for the project was mailed on June 17, 2022, and duly posted in the San Mateo Daily Journal on Saturday, June 18, 2022; and WHEREAS, the City Council held a Public Hearing for the project on June 28, 2022 and on said date, the Public Hearing was opened, held and closed.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Bruno, based on facts in the staff reports, written and oral testimony, and exhibits presented:

1. Pursuant to CEQA Guidelines §15074, the City Council has independently reviewed and analyzed the Initial Study/Mitigated Negative Declaration and other information in the record and has considered the information contained therein prior to acting upon or approving the Project. Based on all evidence in the administrative record for the Project, the Council hereby makes the following specific findings:
a. The Initial Study/Mitigated Negative Declaration prepared for the Project has been completed in compliance with CEQA and the CEQA Guidelines.
b. The Initial Study/Mitigated Negative Declaration prepared for the Project contains a complete and accurate reporting of the environmental impacts associated with the Project.
c. The Council has considered the Initial Study/Mitigated Negative Declaration, together with all comments received during the public review process.
d. The Initial Study/Mitigated Negative Declaration represents the independent judgement and analysis of the city as lead agency for the Project.
e. The Project will not result in a significant effect upon the environment because the mitigation measures described in the MMRP have been added to the Project as a condition of approval.
f. Based on its review of the whole record before it, there is no substantial evidence in the record supporting a fair argument that the Project will have a significant effect on the environment.

2. Based upon the Mitigated Negative Declaration and comments and testimony received, the City Council hereby finds that there is no substantial evidence that the Project, as mitigated, will have a significant effect on the environment.  Basis for Finding: An Initial Study/Mitigated Negative Declaration (IS/MND) has been prepared for the project pursuant to the California Environmental Quality Act (CEQA) to identify and address any potentially significant environmental effects associated with the project itself. The IS/MND found the project could have potentially significant impacts in regard to Air Quality, Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, and Noise but that all potentially significant environmental impacts would be reduced to a less-than84 of 478 significant level by implementation of the recommended mitigation measures.

The City Council has considered the contents of the Mitigated Negative Declaration, public comments made during circulation of the document together with any comments received during the public review process and finds that the project will not have a significant effect on the environment with incorporation of mitigation measures. The recommended mitigation measures have been incorporated into a Mitigation Monitoring and Reporting Program that have been applied to the project as conditions of approval.

3. The City Council hereby adopts the Mitigated Negative Declaration attached hereto as Exhibit A and the Mitigation Monitoring Program attached hereto as Exhibit B.
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Dated: June 28, 2022
-o0oI, Vicky Hasha, Deputy City Clerk, do hereby certify that the foregoing Ordinance was duly and regularly passed and adopted by the City Council of the City of San Bruno this 28th day of June 2022 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

Vicky Hasha, Deputy City Clerk
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Exhibit A
Initial Study and Draft Mitigated Negative Declaration

GLENVIEW TERRACE PROJECT

SAN BRUNO, CA

INITIAL STUDY
AND

DRAFT MITIGATED NEGATIVE DECLARATION
April 2021
Prepared by:

Raney Planning and Management, Inc.
1501 Sports Drive, Suite A
Sacramento, CA 95834
Full Initial Study and Mitigated Negative Declaration was included in the City Council Packet, and is available at the City of San Bruno Community Development Department for review.

The Initial Study and Negative Declaration can also be found on the city’s website:
https://www.sanbruno.ca.gov/605/Glenview-Terrace
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June 22, 2022
Michael Smith, Senior Planner
San Bruno Community & Economic Development Department
567 El Camino Real
San Bruno, CA 94066
[email protected]
Subject: Glenview Terrace Project IS/MND
Dear Mr. Smith:

Raney Planning & Management, Inc. (Raney) has prepared the following memorandum regarding the Glenview Terrace Project (proposed project) Initial Study/Mitigated Negative Declaration (IS/MND). The IS/MND was circulated for public review from May 3 through June 2, 2021. Given the passage of time since the finalization of the IS/MND and the close of the public review period, the purpose of this memorandum is to confirm that no changes have occurred since June 2021 that may affect the conclusions presented in the IS/MND.

The project site consists of three parcels totaling 3.28 acres located at the northeast corner of the intersection of San Bruno Avenue West and Glenview Drive in the City of San Bruno, California.

The proposed project would include demolition of on-site structures and redevelopment of the project site with 29 single-family homes and associated improvements. The project would require approval of a General Plan Amendment, Rezone, Planned Development Permit, Vesting Tentative Map, and an Architectural Review Permit.

As noted in the IS/MND, the northern parcel of the project site is developed with a parking lot, vacant church building, and vacant single-family home. The two southern parcels are vacant and regularly disked. The foregoing on-site conditions remain accurate, and have not changed since the IS/MND was finalized. In addition, the surrounding land uses remain generally unchanged, and the project site still is bordered by single family residences to the north and commercial land uses and a gas station to the south, across San Bruno Avenue. Therefore, the baseline environmental conditions of the site and surrounding area, against which the project impacts were determined, remain applicable. The proposed project, as evaluated in the IS/MND, has not been altered since the IS/MND was finalized. The project would include the same components and the same entitlements as those described in the IS/MND.

The purpose of environmental review under CEQA is to evaluate a project’s potential to affect physical environmental conditions. Because the environmental baseline and the proposed project have not changed since finalization of the IS/MND, the analysis and conclusions included in the IS/MND remain accurate.

If you have any questions regarding the contents of this document, please do not hesitate to contact me at (916) 372-6100, or via email at [email protected]. 88 of 478
Best Regards,
Nick Pappani
Vice President
phone. (916) 372-6100 1501 Sports Drive, Suite A Sacramento, CA 95834 fax. (916) 419-6108 www.raneymanagement.com
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Exhibit B
Mitigation Monitoring and Reporting Program (MMRP)
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Glenview Terrace Project
Mitigation Monitoring and Reporting Program
June 2021
The California Environmental Quality Act (CEQA) and CEQA Guidelines require Lead Agencies to adopt a program for monitoring the mitigation measures required to avoid the significant environmental impacts of a project. The Mitigation Monitoring and Reporting Program (MMRP) ensures that mitigation measures imposed by the City are completed at the appropriate time in the development process.

The mitigation measures identified in the Initial Study/Mitigated Negative Declaration (IS/MND) for the Glenview Terrace Project are listed in the MMRP along with the party responsible for monitoring implementation of the mitigation measure, the milestones for implementation and monitoring, and a sign-off that the mitigation measure has been implemented. 91 of 478
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III-1. Prior to approval of any grading plans, the project applicant shall show on the plans via notation that the contractor shall ensure that the heavy-duty off-road vehicles (50 horsepower or more) to be used in the construction project, including owned, leased, and subcontractor vehicles, shall achieve a project wide fleet average 44 percent NOX reduction compared to the year 2021 California Air Resources Board (CARB) fleet average. The 44 percent NOX reduction may be achieved by requiring a combination of engine Tier 3 or Tier 4 off-road construction equipment or the use of hybrid, electric, or alternatively fueled equipment. For instance, the emissions presented in Table 4 were achieved by requiring all construction equipment to be engine Tier 4 Interim.

In addition, all off-road equipment operating at the construction site must be maintained in proper working condition according to manufacturer’s specifications. Idling shall be limited to five minutes or less in accordance with the Off-Road Diesel Fueled Fleet Regulation as required by CARB. Clear signage regarding idling restrictions should be placed at the entrances to the construction site.

Portable equipment over 50 horsepower must have either a valid District Permit to Operate (PTO) or a valid statewide Portable Equipment Registration Program (PERP) placard and sticker issued by CARB.

Conformance with the foregoing requirements shall be included as notes and be confirmed through review and approval of grading plans by the City of San Bruno Community Development Department.

Prior to approval of any grading plans City of San
Bruno
Community
Development
Department
IV-1. Prior to grading of the site, three properly-timed, focused surveys shall be conducted on the site in April, June, and September by a qualified botanist or plant ecologist to determine whether the project would significantly impact populations of robust Prior to grading of the site San Bruno
Community
Development
Department
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spineflower, Franciscan onion, and arcuate bush-mallow. The surveys shall follow the most recent CNPS and CDFW rare plant survey protocols.

Should properly-timed focused surveys determine that specialstatus plant species are absent from the site, then further mitigation would not be required. If populations of special-status plant species are present on the site and occur within areas of the site that would be impacted by the proposed project, then the qualified botanist or plant ecologist shall determine whether the project shall result in a significant impact to these populations. If a less-than-significant impact is determined, then further mitigation would not be required.

If populations of special-status plant species are present, and if a qualified botanist or plant ecologist determines that project impacts to special-status plant species would be significant, then the following mitigations shall be implemented:

Avoidance. In consultation with a qualified botanist or plant ecologist, and to the maximum extent feasible, the project shall be designed to avoid significant direct and indirect impacts to special-status plant species by preservation of the populations with an appropriately-sized buffer.

Compensation. If the project cannot be designed to avoid significant impacts to special-status plant populations, then the following compensatory measures shall be implemented.

Development of an On-site or Off-site Restoration Plan.

If the project cannot be designed to avoid significant impacts to special-status plants (as discussed above), then an onsite or offsite restoration plan shall be developed for the
significantly impacted species by a qualified botanist or plant ecologist and approved by the City and the California
California
Department of
Fish and
Wildlife (if
impacts to
special-status
plants cannot
be avoided)
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Department of Fish and Wildlife (CDFW) prior to the start of project development. The objective of this mitigation
measure would be to replace the special-status plants and habitat lost during project implementation.

A proposed onsite restoration program shall be monitored for a period of five years from the date of site grading. The restoration plan shall contain the following:
 Identification of appropriate locations either on-site or off-site as determined by the botanist or plant
ecologist (i.e., areas with suitable soils, aspect,
hydrology, etc.) to restore lost plant populations.
 A description of the propagation and planting
techniques to be employed in the restoration effort.

Perennial plants to be impacted by site grading shall
be salvaged and raised in a greenhouse for eventual
transplanting within the restoration areas. Annual
plants can best be established by collecting seeds of
on-site plants prior to project implementation and
then directly seeding into suitable habitat on the
conservation area.
 A timetable for implementation of the restoration
plan.
 A monitoring plan and performance criteria.
 A description of remedial measures to be performed
in the event that initial restoration measures are
unsuccessful in meeting the performance criteria.
 A description of site maintenance activities to follow restoration activities. Restoration activities may
include weed control, irrigation, and control of
herbivory by livestock and wildlife.

Development of an Off-site Mitigation Plan. If an on-site restoration plan is not feasible, mitigation for impacted 94 of 478
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special-status plant species shall be accommodated through restoration or preservation at an off-site location. Any off-site restoration plan would be subject to the same minimum
requirements as indicated above for an on-site restoration plan and approval by the City and CDFW.

If off-site preservation is the mitigation alternative chosen, then the mitigation site shall be confirmed to support
populations of the impacted species and shall be preserved in perpetuity via deed restriction, establishment of a
conservation easement, or similar preservation mechanism.

A qualified botanist or plant ecologist shall prepare a Preservation Plan for the site containing the following elements:
 A monitoring plan and performance criteria for the
preserved plant population.
 A description of remedial measures to be performed
in the event that performance criteria are not met.
 A description of maintenance activities to be
conducted on the site including weed control, trash
removal, irrigation, and control of herbivory by
livestock and wildlife.

The project proponent shall be responsible for funding the development and implementation of any on-site or off-site plan.

Purchase of Suitable Mitigation Bank Credits. To the
knowledge of Live Oak Associates, mitigation banks do not currently exist that provide mitigation credits for any of the special-status plant species having potential to occur on the site; however, should mitigation bank credits become
available, then the purchase of credits shall be considered an acceptable option to mitigate significant impacts. Proof of 95 of 478
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mitigation bank credits shall be provided to the City prior to issuance of grading permits.

IV-2(a). Within 14 days of commencement of construction activities, a qualified biologist shall conduct a pre-construction survey of the project site to determine the presence or absence of badgers in the development footprint. The results of the survey shall be submitted to the Community Development Department.

IV-2(b). If an active badger den is not identified during pre-construction surveys within or immediately adjacent to the construction envelope, further mitigation shall not be required. If an active badger den is identified during pre-construction surveys within or immediately adjacent to the construction envelope, a
construction-free buffer of up to 300 feet (or distance specified by the resource agencies, i.e., CDFW) shall be established around the den. Because badgers are known to use multiple burrows in a breeding burrow complex, a biological monitor shall be present on-site during construction activities to ensure the buffer is adequate to avoid direct impact to individuals or abandonment of young. The monitor would be necessary on-site until it is determined that young are of an independent age and
construction activities would not harm individual badgers. Once badgers are known to have vacated the site, the burrows can be collapsed or excavated, and ground disturbance can proceed.

Within 14 days of commencement of
construction activities
If an active badger den is identified during
pre-construction surveys
San Bruno
Community
Development
Department
San Bruno
Community
Development
Department
IV-3(a). A qualified biologist shall conduct a pre-construction survey for San Francisco dusky-footed woodrat nests no more than 14 days prior to the onset of construction activities within 50 feet of construction zones. The results of the survey shall be submitted to the Community Development Department.

IV-3(b). If an active nest is not identified during pre-construction surveys within 50 feet of construction zones, further mitigation shall not be required. Identified nests shall be avoided, where possible. If avoidance is not possible, the nest(s) shall be manually deconstructed by a qualified biologist when helpless young are 14 days prior to the onset of construction
activities within 50 feet of construction
zones
If an active nest is identified during preconstruction surveys San Bruno
Community
Development
Department
San Bruno
Community
Development
Department
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not present, typically during the non-breeding season (October through January).

IV-3(c). If a qualified biologist determines that young may be present during the pre-construction survey, a suitable buffer, depending on the type of proposed impact, nest location, and topography of where the nest is located, shall be established by the qualified biologist (typically ranges between 20-50 feet). The buffer shall be established around the nest until the young are independent enough to successfully move from the nest to be deconstructed.

If young are present in nest San Bruno
Community
Development
Department
IV-4(a). Prior to tree or building removal, a habitat assessment to identify potentially suitable roosting trees and structures on-site shall be conducted by a qualified biologist. During this assessment, the biologist shall examine trees and buildings on the site to determine which trees or buildings have the potential to support roosting bats. Potential roost sites may have bats, urine staining, characteristic smell, or physical characteristics which have the potential to support roosting bats. If no suitable habitat is identified on-site, then no further mitigation is required.

IV-4(b). A daytime survey for bats shall be conducted by a qualified biologist to determine if the potentially suitable habitat identified during the habitat assessment is occupied. The survey shall be conducted visually using binoculars in some cases, and
depending on potential suitability and quality of the roosting habitat, a boom truck or other man lift may be used to access higher areas such as trees. Although daytime surveys may occur any time of year, for any areas that cannot be surveyed directly (e.g., ceiling panels, tree cavities, etc.), an emergence survey may be required. Given that a false-negative finding can occur if emergence surveys are conducted in overwintering months, emergence surveys shall be conducted during times of the year when bats are volant (March 1 through October 15). Emergence surveys occur when bat species emerge from their roosts for the night; this typically includes some time before dark and up to a Prior to tree removal or building removal
Emergency survey shall be conducted
during March 1 through October 15
San Bruno
Community
Development
Department
San Bruno
Community
Development
Department
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few hours after dark, but can vary based on the species expected to occur in areas identified as potential roosting areas. The results of the survey(s) shall be submitted to the Community Development Department.

IV-4(c). If a maternity colony is located during the period of April 15 to August 15, the area shall be avoided by construction activities, and a qualified biologist shall establish an appropriately sized construction-free buffer, which would be dependent on the type of proposed impact, maternity colony roost location and topography of where the maternity colony roost is located (buffers typically range between 50-100 feet). The buffer shall remain in place until the end of the maternity season.

IV-4(d). Should a colony or roosting bat be identified onsite outside of the maternity and overwintering seasons (i.e., March 1-April 15 and August 15-October 15, respectively), a two-step passive removal may occur under the supervision of and with instruction from a qualified biologist. The two-step removal shall require that a qualified biologist direct specific demolition actions within the vicinity of the roosting bat/colony to safely render the roosting location less-suitable. One day after the partial demolition, the biologist shall return to the site to verify that the bat/colony has self-relocated off-site. Once the verification is made, the construction crew shall be required to complete the demolition effort immediately (within 24 hours) to ensure bats are absent during demolition.

If a maternity colony is located during the
period of April 15 to August 15
If a colony or roosting bat is identified
outside of the maternity and overwintering
seasons (i.e., March 1-April 15 and August
15-October 15)
San Bruno
Community
Development
Department
San Bruno
Community
Development
Department
IV-5(a). Should project construction be scheduled to commence between February 1 and August 31, a pre-construction survey for nesting shall be conducted by a qualified biologist within the on-site trees and shrubs, as well as all trees and shrubs within 250 feet of the site, if accessible. The survey shall occur within 14 days of the on-set of construction and the results of the survey shall be submitted to the Community Development Department.

If construction is scheduled to commence
between February 1 and August 31, then a
pre-construction survey shall be conducted
within 14 days of the on-set of construction
San Bruno
Community
Development
Department
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IV-5(b). If active nests are not identified during pre-construction surveys within the on-site trees and shrubs, as well as all trees and shrubs within 250 feet of the site if accessible, further mitigation shall not be required. If active nests are identified during the preconstruction survey, the active nests, and an appropriate construction-free buffer around them (typically 50 feet for passerines and 200 feet for raptors), shall be established, as determined by a qualified biologist. Suitable setbacks from occupied nests shall be maintained until the young have fledged, as determined by a qualified biologist.

If active nests are identified during preconstruction surveysSan Bruno Community
Development
Department
IV-6. The following measures shall be included on the grading plans and implemented as pre-construction and demolition treatments to help with tree preservation:

1. Establish a Tree Protection Zone around each tree to be preserved. Because the three trees recommended for
preservation are located on adjacent properties, the Tree Protection Zone shall be the property line. Grading,
excavation, construction, or storage of materials shall not occur beyond the property line.

2. Install protection around all trees to be preserved. The project’s security fence shall serve as tree protection fencing.

3. Trees to be retained require pruning to provide clearance and/or correct defects in structure. All pruning is to be performed by an ISA Certified Arborist or Certified Tree Worker and shall adhere to the latest editions of the ANSI Z133 and A300 standards, as well as the ISA Best
Management Practices for Tree Pruning. Pruning
contractor shall have the C25/D61 license specification.

Grading plans shall be submitted to the City of San Bruno Community Development Department for review and approval.

The measures shall be included on the
grading plans and implemented as preconstruction and demolition treatments San Bruno
Community
Development
Department
IV-7. The following measures shall be included in the grading plans and implemented during construction activities on the project site:

The measures shall be included in the
grading plans and implemented during
San Bruno
Community
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1. Any grading, construction, demolition, or other work that is expected to encounter tree roots shall be monitored by the Consulting Arborist.

2. If injury should occur to any tree during construction, the tree shall be evaluated as soon as possible by the Consulting Arborist so that appropriate treatments can be applied.

3. Any additional tree pruning needed for clearance during construction shall be performed by a qualified arborist and not by construction personnel.

Grading plans shall be submitted to the City of San Bruno Community Development Department for review and approval. construction activities on the project site Development Department
IV-8. A tree replacement plan for the removal of the 44 Heritage trees on the project site shall be prepared in accordance with San Bruno Municipal Code Section 8.25.050. Replacement trees shall be a minimum of either two 24-inch box size trees, or one 36-inch box size tree for each heritage tree to be removed. The tree replacement plan shall be submitted to the Community
Development Department for review and approval. Where the Community Development Director determines that replanting is not feasible and/or appropriate, the Director may require that a payment of equal value to the cost of the purchase and
installation of the replacement tree(s) be made to the City Tree Planting Fund.

A tree replacement plan shall be submitted
in conjunction with improvement plans
San Bruno
Community
Development
Department
V-1. If any prehistoric artifacts, or other indications of cultural deposits are found once ground disturbing activities are underway, all work within the place of discovery shall be halted within 100 feet of the find, the Community Development Department shall be notified, and the find(s) shall be immediately evaluated by an archaeologist meeting the Secretary of the Interior's Professional Qualifications Standards in prehistoric or historical archaeology, as appropriate, to evaluate the finds at the expense of the developer. If the resource is determined to be eligible for inclusion in the California Register of Historical Resources and project impacts cannot be The language of this mitigation measure
shall be included on any future grading
plans, utility plans, and improvement
drawings
San Bruno
Community
Development
Department
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avoided (preservation in place is the preferred manner of mitigating impacts to archaeological sites), data recovery shall be undertaken. Data recovery efforts could range from rapid photographic documentation to extensive excavation depending upon the physical nature of the resource. The degree of effort shall be determined at the discretion of a qualified archaeologist and shall be sufficient to recover data considered important to the area’s history and/or prehistory. Work may continue on other parts of the project site while historical or unique archaeological resource mitigation takes place (Public Resources Code Sections 21083 and 21087). The language of this mitigation measure shall be included on any future grading plans, utility plans, and improvement drawings approved by the City of San Bruno.

Prehistoric archaeological site indicators include: obsidian, chert flakes, and chipped stone tools; grinding and mashing implements (e.g., slabs and handstones, and mortars and pestles); bedrock outcrops and boulders with mortar cups; and locally darkened midden soils. Midden soils may contain a combination of any of the previously listed items with the possible addition of bone and shell remains, and fire-affected stones.

V-2. In the event of the accidental discovery or recognition of any human remains, the City shall be notified and further excavation or disturbance of the find or any nearby area reasonably suspected to overlie adjacent human remains shall not occur until compliance with the provisions of CEQA Guidelines Section 15064.5(e)(1) and (2) has occurred. The Guidelines specify that in the event of the discovery of human remains other than in a dedicated cemetery, no further excavation at the site or any nearby area suspected to contain human remains shall occur until the County Coroner has been notified to determine if an investigation into the cause of death is required. If the Coroner determines that the remains are Native American, then, within 24 hours, the Coroner must notify the Native American Heritage Commission, which in turn will notify the Most Likely Descendants who may recommend treatment of During construction activities San Bruno
Community
Development
Department
County Corner
Native
American
Heritage
Commission (if
the Coroner
determines that
the remains are
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19 MITIGATION MONITORING AND REPORTING PROGRAM

GLENVIEW TERRACE PROJECT
Project Mitigation Measure Implementation Schedule
Monitoring
Agency Sign-Off
the remains and any grave goods. If the Native American Heritage Commission is unable to identify a Most Likely Descendant or Most Likely Descendant fails to make a recommendation within 48 hours after notification by the Native American Heritage Commission, or the landowner or his authorized agent rejects the recommendation by the Most Likely Descendant and mediation by the Native American Heritage Commission fails to provide a measure acceptable to the landowner, then the landowner or his authorized representative shall rebury the human remains and grave goods with appropriate dignity at a location on the property not subject to further disturbances. Should human remains be encountered, a copy of the resulting County Coroner report noting any written consultation with the Native American Heritage Commission shall be submitted as proof of compliance to the City’s Community Development Department.

Native
American)
VII-1. All grading and foundation plans for the development shall be designed by a Civil and Structural Engineer and reviewed and approved by the Director of Public Works/City Engineer, Chief Building Official, and a qualified Geotechnical Engineer prior to issuance of grading and building permits to ensure that all geotechnical recommendations specified in the Geotechnical Reply to Peer Review, Preliminary Storm Drain Outfall Slope Retreat Assessment, & Geotechnical Report Update Study
prepared for the proposed project by Geosphere Consultants, Inc. (February 7, 2020) are properly incorporated and utilized in the project design.

Prior to the issuance of grading and
building permits
Director of
Public
Works/City
Engineer
Chief Building
Official
VII-2. Implement Mitigation Measure VII-1, including the recommendations in Appendix B to the Geosphere Consultants February 7, 2020 Report, which contain recommendations for site drainage and stitch pier retention system.

See Mitigation Measure VII-1 See Mitigation
Measure VII-1
VII-3. Prior to the issuance of a grading permit, the project applicant shall prepare to the satisfaction of the City Engineer, an erosion control plan that utilizes standard construction practices to limit the erosion effects during construction of the proposed project. Actions should include but are not limited to:

Prior to the issuance of a grading permit City Engineer 102 of 478
20 MITIGATION MONITORING AND REPORTING PROGRAM

GLENVIEW TERRACE PROJECT
Project Mitigation Measure Implementation Schedule
Monitoring
Agency Sign-Off
 Hydro-seeding;
 Placement of erosion control measures within drainage ways and ahead of drop inlets;
 The temporary lining (during construction activities) of drop inlets with “filter fabric”;
 The placement of straw wattles along slope contours;
 Use of a designated equipment and vehicle “wash-out”
location;
 Use of siltation fences;
 Use of on-site rock/gravel road at construction access points; and
 Use of sediment basins and dust palliatives.

IX-1. Prior to issuance of a demolition permit for any on-site structures, the Developer shall consult with certified Asbestos and/or Lead Risk Assessors to complete and submit for review to the City of San Bruno Community Development Director an asbestos and lead survey. If ACMs or lead-containing materials are not discovered during the survey, further mitigation related to ACMs or lead containing materials shall not be required. If ACMs and/or lead-containing materials are discovered by the survey, the project applicant shall prepare a work plan to demonstrate how the on-site ACMs and/or lead-containing materials shall be removed in accordance with current California Occupational Health and Safety (Cal-OSHA) Administration regulations and disposed of in accordance with all California Environmental Protection Agency regulations, prior to the demolition and/or removal of the on-site structures. The applicant shall submit the work plan to the City for review and approval.

Prior to issuance of a demolition permit San Bruno
Community
Development
Department
IX-2. If unidentified or suspected contaminated soil or groundwater evidenced by stained soil, noxious odors, or other factors, is encountered during site improvements, work shall stop in the area of potential contamination, and the type and extent of
contamination shall be identified by a Registered Environmental Assessor (REA) or qualified professional. The REA or qualified professional shall prepare a report that includes, but is not limited During site improvements San Bruno
Community
Development
Department
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21 MITIGATION MONITORING AND REPORTING PROGRAM

GLENVIEW TERRACE PROJECT
Project Mitigation Measure Implementation Schedule
Monitoring
Agency Sign-Off
to, activities performed for the assessment, summary of anticipated contaminants and contaminant concentrations, relevant Low-Threat Underground Storage Tank Closure Policy (LTCP) criteria for identified contaminants, whether the contaminants exceed LTCP criteria, thus warranting remediation, and recommendations for appropriate handling and disposal. Site improvement activities shall not recommence within the
contaminated areas until any necessary remediation identified in the report is complete. The report and verification of proper remediation and disposal shall be submitted to the San Bruno Community Development Department for review and approval.

XIII-1(a). Construction activities shall comply with the San Bruno Municipal Code and shall be limited to the hours of 7:00 AM to 10:00 PM.

XIII-1(b). Prior to commencement of construction activities, the project contractor shall locate fixed construction equipment such as compressors and generators as far as possible from sensitive receptors. The project contractor shall shroud or shield all impact tools, and muffle or shield all intake and exhaust ports on power construction equipment.

XIII-1(c). Prior to commencement of construction activities, the project applicant shall acquire a permit to operate construction equipment between the hours of 7:00 AM and 10:00 PM from the Director of Public Works.

During construction activities
Prior to commencement of construction
activities
Prior to commencement of construction
activities
Project
Contractor
Project
Contractor
Director of
Public Works
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22 105 of 478
23 Exhibit C
IS/MND Response to Comments Memo
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24 Glenview Terrace Project
Initial Study/Mitigated Negative Declaration
Responses to Public Comments
The Initial Study/Mitigated Negative Declaration (IS/MND) for the Glenview Terrace Project was circulated for public review from May 3 to June 2, 2021. A total of three comment letters were received in email form during the comment period, and the comment letters are attached at the end of this document. Responses to each of the comment letters are provided below. It should be noted that the CEQA Guidelines do not require the City to prepare official responses to public comments received on the IS/MND; the following responses are provided for informational purposes only.

1. Cory Hicks – May 3, 2021
The comment letter indicates support for the proposed project, and does not identify any inadequacies or deficiencies related to the IS/MND.

2. Carolyn Gray – May 15, 2021
The comment letter expresses general concern associated with the proposed project, particularly regarding the availability of construction materials. Concerns related to the provision of construction materials are not included under the purview of CEQA, which is focused on the effects of a project on the physical environment. Nonetheless, the commenter’s concerns have been forwarded to the decision-makers for their consideration.

3. Douglas Kunze – June 1, 2021
The comment letter expresses concerns related to increased traffic congestion and traffic-related hazards caused by the proposed project. In addition, the comment letter provides several recommendations, including installing a stop light at the intersection of Glenview Drive and San Bruno Avenue.

As noted in the comment, the delay faced by drivers from the minor street approaches at the intersection of Glenview Drive and San Bruno Avenue is an existing condition. While the project would add some trips to this intersection during the peak hours, the proposed project would not add more than 10 trips to the intersection's critical movement, which is the threshold for a finding of adverse project effects under the City's policy.

However, recognizing that this intersection's operations are already a concern, the City directed DKS Associates, the project’s traffic consultant, to study potential intersection improvements. The analysis showed that the volumes at the 107 of 478
25 intersection do not meet the criteria for signalization per the California Manual on Uniform Traffic Control Devices, but that an all-way stop sign control would be warranted. The City's Traffic Safety and Parking committee approved this improvement project at their meeting on June 2, 2021. The intersection improvements will include four-way stop signs enhances by LED, advanced stop warning signs, high-visibility crosswalk and striping, and ADA compliant ramps. The addition of an all-way stop will improve the operations at this intersection from LOS F to LOS B in the AM peak hour and from LOS F to LOS C during the PM peak hour. Furthermore, installation of an all-way stop will improve vehicular, bicycle, and pedestrian safety crossing San Bruno Avenue at this location.

Additionally, it is noted that the traffic count data for the traffic study was collected in May 2019 and, therefore reflects prepandemic conditions. 108 of 478

1. Cory Hicks – May 3, 2021
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2. Carolyn Gray – May 15, 2021
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3. Douglas Kunze – June 1, 2021
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RESOLUTION NO. 2022 – __

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN BRUNO

AMENDING THE GENERAL PLAN TO CHANGE THE LAND USE DESIGNATION OF ASSESSOR’S PARCEL NUMBER 019-042-170 FROM LOW DENSITY RESIDENTIAL

TO MEDIUM DENSITY RESIDENTIAL FOR THE PROPOSED

GLENVIEW TERRACE RESIDENTIAL SUBDIVISION PROJECT
(GPA21-001)
WHEREAS, New Shidai Development, LLC ("Applicant") is the owner of that certain 3.28 acre site located at 850 Glenview Drive and 2880 and 2890 San Bruno Avenue W. in the City of San Bruno and more particularly described as Assessor’s Parcel Numbers 019-042-150, 019-042-160, and 019-042-170 (the "Property"); WHEREAS, Applicant desires to develop on the Property the Glenview Terrace Residential Subdivision Project, which consists of a residential subdivision of 29 singlefamily homes with associated roadways and infrastructure (the "Project"); WHEREAS, in order to develop the Project, Applicant has submitted an application to the City of San Bruno for approval of the following: (1) an amendment to the San Bruno General Plan to change the land use designation of a portion of the Property from Low Density Residential to Medium Density Residential; (2) an amendment to the Zoning Ordinance to change the zoning district of a portion of the Property from Single Family Residential (R-1) to Planned Development (P-D) and amend the existing P-D District; (3) a Development Plan for the Property; (4) a Planned Development Permit and Architectural Review Permit; (5) a Vesting Tentative Map merging the existing three lots and subdividing the Property into 29 single-family parcels and common area parcels (6) and a Development Agreement; and
WHEREAS, to allow the development at a density over 8.0 units per acre, the General Plan must be amended to change the land use designation of Assessor’s Parcel Number 019-042-170 from the existing Low Density Residential designation, which allows up to 8.0 units per acre, to Medium Density Residential, which allows 8.1 to 24.0 units per acre; and
WHEREAS, the change in land used to Medium Density Residential would maintain internal consistency with goals and policies contained within the 2025 General Plan, in accordance with Government Code 65300.5, as described in Exhibit B; and WHEREAS, on April 19, 2022, the Planning Commission held a public hearing to consider the above-described amendment to the General Plan and adopted Resolution 2022-03 recommending that the City Council approve the General Plan Amendment; and 114 of 478
WHEREAS, on June 28, 2022, the City Council held a duly noticed Public Hearing to consider amending the General Plan, and on said date, the Public Hearing was opened, held and closed; and
WHEREAS, on June 28, 2022, the City Council independently reviewed and analyzed the Initial Study/Mitigated Negative Declaration and other information in the record and considered the information contained therein prior to acting upon or approving the Project. Based on all evidence in the administrative record for the Project, the Council adopted Resolution No. 2022-___ adopting the Initial Study/Mitigated Negative Declaration, which determined the project would not have a significant adverse effect on the environment that would not be mitigated by the proposed mitigation measures which have been summarized in a Mitigation Monitoring and Reporting Program adopted by the City Council and added to the project as conditions of approval.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Bruno, based on facts in the staff reports, written and oral testimony, and exhibits presented that:

1. The General Plan Amendment changes the land use designation of APN: 019- 042-170 from Low Density Residential to Medium Density Residential to allow development on the site over 8.0 units per acre. Pursuant to Government Code §65350.5, the City Council hereby finds the proposed General Plan Amendment is in general conformance with the objectives, policies, general land uses and programs specified in the 2025 General Plan as follows.  Policy LUD-E: Ensure that new development, especially in residential neighborhoods, is sensitive to existing uses, and is of the highest quality design and construction.

The proposed residential project has undergone extensive design review to ensure that it will be sensitive to existing adjacent residential neighborhoods and is of the high-quality design and construction.
 Policy LUD-5: Allow small-lot single-family housing in new and existing neighborhoods to serve as efficient and compact infill development.

The proposed project will provide small-lot single-family housing adjacent to existing neighborhoods that will serve as efficient and compact infill development.  Policy LUD-7: Require any subdivision or development involving construction of more than five units, regard- less of the number of parcels, to undergo design review. Require provision of open spaces and pedestrian connections within multifamily projects, as well as an active street frontage along arterial roadways.

The proposed project has undergone extensive design review before the Architectural Review Committee, Planning Commission, Traffic Safety and Parking Commission, and City Council.
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Housing Element
 Program 1-B: Conserve and expand the city’s supply of small residential lots, where compatible with surrounding neighborhood character.

The proposed project will provide small-lot single-family housing adjacent to existing neighborhoods that will serve as efficient and compact infill development.  Goal-2 and Table 4.2-2: Accommodate regional housing needs through a community-wide variety of residential uses by size, type, tenure, affordability, and location.

The proposed project will contribute to meeting the regional housing needs by providing a variety of residential uses by size, type, tenure, affordability, and location. The project will provide 29 for-sale, single-family homes of which four would be sold at below market rate.
 Program 2-F: Ensure compatibility of new housing with neighborhood character.

Use Residential Design Guidelines and Transit Corridors Plan Design Guidelines to ensure that new housing development proposals are compatible with existing neighborhood character.

The new housing is designed to be compatible with neighborhood character in that the proposed single-family homes are similar in scale and character to adjacent residential neighborhood and the multi-family is located facing the college campus and away from the residential neighborhood. The single-family homes were designed to be compatible with the City’s Residential Design Guidelines to ensure compatibility with existing neighborhood character.
 Program 4-E: Encourage drought-resistant landscaping. Implement water conservation and drought-resistant landscaping guidelines and standards.

The landscape has been designed with drought-resistant plants taking into account water conservation and drought-resistant landscaping guidelines and standards.

2. The City Council hereby amends the 2025 General Plan to change the land use designation of Assessor’s Parcel Number 019-042-170 from the existing Low Density Residential to Medium Density Residential to ensure consistency between the proposed project and the General Plan.
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Dated: June 28, 2022
-o0oI, Vicky Hasha, Deputy City Clerk, do hereby certify that the foregoing Ordinance was duly and regularly passed and adopted by the City Council of the City of San Bruno this 28th day of June 2022 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

Vicky Hasha, Deputy City Clerk
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Exhibit A
General Plan Amendment
Glenview Terrace Residential Project
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ORDINANCE NO. 2022-_______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN BRUNO

APPROVING AN AMENDMENT TO THE ZONING ORDINANCE
TO REZONE APN: 019-042-170 FROM SINGLE-FAMILY RESIDENTIAL DISTRICT (R-1) TO PLANNED DEVELOPMENT DISTRICT (P-D), AMENDING AN EXISTING P-D DISTRICT FOR APNS: 019-042-150 AND 019-042-160, AND APPROVING A DEVELOPMENT PLAN, PURSUANT TO SECTION 12.96.020 AND CHAPTER 12.136

OF THE SAN BRUNO MUNICIPAL CODE SECTION,

FOR THE PROPOSED

GLENVIEW TERRACE RESIDENTIAL SUBDIVISION PROJECT
(APNS: 019-042-150, 019-042-160, AND 019-042-170)
(PD13-001)
The City Council of the City of San Bruno ORDAINS as follows:

WHEREAS, New Shidai Development, LLC ("Applicant") is the owner of that certain 3.28 acre site located at 850 Glenview Drive and 2880 and 2890 San Bruno Avenue W. in the City of San Bruno and more particularly described as Assessor’s Parcel Numbers 019-042-150, 019-042-160, and 019-042-170 (the "Property"); WHEREAS, Applicant desires to develop on the Property the Glenview Terrace Residential Subdivision Project, which consists of a residential subdivision of 29 singlefamily homes with associated roadways and infrastructure (the "Project"); WHEREAS, in order to develop the Project, Applicant has submitted an application to the City of San Bruno for approval of the following: (1) an amendment to the San Bruno General Plan to change the land use designation of a portion of the Property from Low Density Residential to Medium Density Residential; (2) an amendment to the Zoning Ordinance to change the zoning district of a portion of the Property from Single Family Residential (R-1) to Planned Development (P-D) and amend the existing P-D District; (3) a Development Plan for the Property; (4) a Planned Development Permit and Architectural Review Permit; (5) a Vesting Tentative Map merging the existing three lots and subdividing the Property into 29 single-family parcels and common area parcels (6) and a Development Agreement; and WHEREAS, Applicant submitted a Development Plan in accordance with the provisions of San Bruno Municipal Code Section 12.96.190(F), the proposed standards of which are summarized in Exhibit B attached hereto;
WHEREAS, to achieve consistency between the Zoning Code and the project, the zoning district for Assessor’s Parcel Number 019-042-170 must be changed from R1 (Single-Family Residential) to P-D (Planned Development), and the existing P-D must be amended to allow small lot single family residential uses on the entire project site; and
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WHEREAS, the Development Plan standards for the project are summarized in Exhibit B; and
WHEREAS, the P-D District and Development Plan will not become effective until the effective date of the ordinance adopted by the City Council; and WHEREAS, the Planning Commission held a Public Hearing for the project on April 19, 2022 and on said date, adopted a resolution recommending the City Council approve the rezoning and amend the existing P-D district; and WHEREAS, on April 19, 2022, the Planning Commission adopted Resolution 2022-02 recommending that the San Bruno City Council adopt an Initial Study and Mitigated Negative Declaration (IS/MND), dated April 2021, and Mitigation Monitoring Program prepared by Raney Planning and Management, Inc. to analyze the environmental effects of the proposed project and, based on the type and intensity of land uses identified with the proposed project and the information contained in IS/MND, the project would not have a significant adverse effect on the environment that would not be mitigated by the proposed mitigation measures; and WHEREAS, a Notice of Public Hearing for the project was mailed on June 17, 2022, and duly posted in the San Mateo Daily Journal on Saturday, June 18, 2022; and WHEREAS, the City Council held a Public Hearing for the project on June 28, 2022, and on said date, the Public Hearing was opened, held and closed; and, WHEREAS, on June 28, 2022, the City Council independently reviewed and analyzed the Initial Study/Mitigated Negative Declaration and other information in the record and considered the information contained therein prior to acting upon or approving the Project. Based on all evidence in the administrative record for the Project, the Council adopted Resolution No. 2022-___ adopting the Initial Study/Mitigated Negative Declaration, which determined the project would not have a significant adverse effect on the environment that would not be mitigated by the proposed mitigation measures which have been summarized in a Mitigation Monitoring and Reporting Program adopted by the City Council and added to the project as conditions of approval.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Bruno, based on facts in the staff reports, written and oral testimony, and exhibits presented:

With respect to the Zoning Ordinance Amendment, pursuant to SBMC 12.136.030 and 12.96.190.H, the City Council finds:

That said amendment is in general conformance with the general plan and that the public necessity, convenience and general welfare require adoption 120 of 478
of the proposed amendment.

Basis for Finding: The Zoning Code Amendment would change the zoning of a 2.2- acre portion of the development site (APN: 019-042-170) from R-1 (Low Density Residential District) to P-D (Planned Development District), which would establish consistency with the proposed project and the general plan land use designation, as required by state law (Gov. Code §65860). Additionally, the existing P-D District for APNs 019-042-150 and 019-042-160 would be amended so the density of the new Development Plan is consistent with the project and consistent across the development site. The P-D District would allow medium density residential use on the entire project site and establish development standards adapted to the unique site characteristics and consistent with existing standards for small lot, singlefamily residential development which is encouraged by Program 1-B. of the General Plan. Therefore, the amendment is in conformance with the General Plan.

With respect to the Development Plan, pursuant to SBMC 12.96.190.H, the City Council finds:

The proposed P-D district can substantially be completed within the time schedule submitted by the applicant.

Each unit of the development, as well as the total development, can exist as an independent development capable of creating an environment of sustained desirability and stability or adequate assurance that such objective will be attained.

The condition of approval ensures that the necessary water, sewer and storm drain infrastructure is installed to serve the project with minimal disturbance to the surrounding neighborhoods. The single-family homes will be well integrated into the existing neighborhood with home oriented towards Glenview Drive, creating an integrated and attractive edge as viewed from the exterior. The project has been designed to adapt to the challenging topography and configuration of this longvacant site with development concentrated on the flatter portion of the site and the steep hillside left undeveloped. Therefore, each unit of the development, as well as the total development, can exist as an independent development capable of 121 of 478
creating an environment of sustained desirability and stability or adequate assurance that such objective will be attained.

The land uses proposed will not be detrimental to the present or potential surrounding uses but will have a beneficial effect which would not be achieved through other districts.

Common areas and the frontage along San Bruno Avenue W. will include landscaped bio-retention areas providing storm water treatment. Landscaping at the San Bruno Avenue West street frontage will provide an attractive boundary that softens the appearance of the development and provides a needed sound barrier between the development and street traffic. Therefore, the land uses proposed will not be detrimental to the present or potential surrounding uses but will have a beneficial effect which would not be achieved through other districts.

The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and increased densities will not generate traffic in such amounts as to overload the street network outside the P-D district.

Basis for finding: The Initial Study and Mitigated Negative Declaration found that the project impacts on traffic would be less than significant. The project will include three driveway access points to Glenview Drive, with stop signs at each driveway access point. A four-way stop is proposed at the intersection of San Bruno Avenue W. and Glenview Drive to make it safer for pedestrian access across San Bruno 122 of 478
Avenue W. and facilitate southbound traffic coming from Glenview Drive. The Transportation Safety and Parking Committee supports the proposed intersection improvements.

Any exceptions from the standard district requirements are warranted by the design of the project and amenities incorporated in the development plan.

The area surrounding the development can be planned and zoned in coordination and substantial compatibility with the proposed development and the P-D district uses proposed are in conformance with the general plan of the city.

1. The San Bruno City Council hereby amends the Zoning Map to change the zoning of Assessor’s Parcel Number 019-042-170 from R-1 (Single Family Residential) to P-D (Planned Development), and amends the existing P-D (Planned Development) District, to allow small lot single-family residential development on the entire project site, consistent with the project’s development plan, as shown in Exhibit A.
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2. The San Bruno City Council hereby approves the Development Plan subject to the development standards in Exhibit B.
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Dated: June 28, 2022
-o0oI, Vicky Hasha, Deputy City Clerk, do hereby certify that the foregoing Ordinance was duly and regularly passed and
adopted by the City Council of the City of San Bruno this 28th day of June 2022 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

Vicky Hasha, Deputy City Clerk
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Exhibit A
Glenview Terrace Residential Project
Proposed Zoning Ordinance Amendment
(PD13-001)
Current Zoning: (R-1) Single-Family Residential
Proposed New Zoning:(P-D) Planned Development District
APNs: 019-042-170, 019-042-160, and 019-042-150
P-D
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Exhibit B
Summary of Development Standards
Proposed Land Use/Zoning:

Medium-Density Residential / Planned Development District (P-D) Permitted Uses:

Single-family dwellings
Accessory Dwelling Units
All other permitted uses in the City’s R-1 Zoning District (Per SBMC §12.96.060) Development Standards:

DEVELOPMENT STANDARDS
Minimum site area 2,300 square feet
Minimum lot dimensions 35 feet x 70 feet
Maximum coverage Per SBMC §12.96.060
Maximum coverage by impervious
surface
Per SBMC §12.96.060
Maximum Floor Area Ratio .80
Average percent of slope per SBMC §12.96.060
Minimum Setbacks
Front 15 feet
9 feet to porch
18 feet to garage
Exterior Side 4 feet
Interior Side 4 feet
Rear 10 feet
Maximum Height 35 feet and 2 stories
Impervious surface 80% of lot area
Required Parking 2 garage spaces
2 driveway spaces
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Exhibit C
Findings of General Plan Consistency
The proposed land use and zoning designation of the Glenview Terrace Project is based on the goals, programs and policies found in the City’s General Plan, with development standards tailored to the project, as described in the site plans. The proposed land use and zoning designation meets the intent of the following goals, programs and policies set forth in the City's General Plan:

LAND USE ELEMENT
Policies and Implementing Actions – Residential
Implementing Policy (LUD 5): Allow small-lot single-family housing in new and existing neighborhoods to serve as efficient and compact infill development.

HOUSING ELEMENT
Program 1-B: Maintain and expand the supply of small lots.

Conserve and expand the city’s supply of small residential lots, where compatible with surrounding neighborhood character.

Program 2-C: Support identified housing opportunities.

Work with property owners and the community to support and encourage the redevelopment of identified opportunity sites into mixed uses with affordable housing components.
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RESOLUTION NO. 2022 - __

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN BRUNO

APPROVING A VESTING TENTATIVE MAP

FOR THE PROPOSED

GLENVIEW TERRACE RESIDENTIAL SUBDIVISION PROJECT
(APNs: 019-042-150, 019-042-160, AND 019-042-170)
(TM13-001)
WHEREAS, New Shidai Development, LLC ("Applicant") is the owner of that certain

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Bruno, based on facts in the staff reports, written and oral testimony, and exhibits presented:

1. With respect to the Vesting Tentative Map, the City Council hereby finds:

The proposed tract map, together with the provisions for its design and improvement, is consistent with the general plan, as amended pursuant to the City Council's recommendation, and any specific plan as specified in Section 65451 of the Government Code.

Basis for Finding: The lotting plans of the Vesting Tentative Map support the project given the proposed density and lot coverage for the Medium Density Residential General Plan land use designation. The overall project is consistent with the General Plan policy to “allow small-lot single-family housing in new and existing neighborhoods to serve as efficient and compact infill development” (LUD-5).

The real property to be subdivided, and each lot or parcel to be created, is of such character that it can be used safely for building purposes without danger to health or peril from fire, flood, geologic hazard or other menace.

Basis for Finding: The conditions of approval include mitigation measures requiring compliance with the site-specific recommendations in the geotechnical study for permanent erosion control measures and the requirement for all grading and foundation plans to be prepared by a civil engineer and reviewed by the Director of Public Works and/or Chief Building Official. Conditions of approval have also been included to comply with the Fire Department and Public Works Department requirements. Including conditions requiring all structures to be built according to Wildland Urban Interface (WUI) standards. These mitigation measures and conditions of approval will ensure that each lot to be created can be safely developed without danger to health from fire, 130 of 478
geologic hazard and ground contamination. Therefore, no danger to health or peril from fire, flood, geologic hazard or other menace is likely to occur.

Each lot or parcel to be created will constitute a buildable site and will be capable of being developed in accordance with the applicable provisions of the zoning code, as amended pursuant to the City Council's recommendation.

The site is physically suitable for the type and proposed density of development.

The design of the subdivision and improvements, and the type of improvements, is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat or to cause serious public health problems.

Basis for Finding: The Mitigation Monitoring and Reporting Program (MMRP) includes mitigation measures requiring the applicant to incorporate erosion control measures to reduce storm water runoff and compliance with the Regional Water Quality Control Board requirements; to minimize temporary construction dust impacts to an acceptable level; to implement measures to avoid disturbing birds and bats or their habitat, and to avoid tree removal. Compliance with the MMRP is required as a condition of approval, therefore, substantial environmental damage and harm to wildlife is not likely to occur.

The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed subdivision.

There are no public access easements on the property, therefore, the design of the 131 of 478
subdivision and improvements will not conflict with any existing public use of or through the subject property.

2. The City Council hereby approves the Vesting Tentative Map, subject to the conditions of approval attached hereto as Exhibit A.

3. The Vesting Tentative Map approval shall not become effective until the effective date of the companion requests for the Zoning Code amendments. 132 of 478
Dated: June 28, 2022
-o0oI, Vicky Hasha, Deputy City Clerk, do hereby certify that the foregoing Ordinance was duly and regularly passed and adopted by the City Council of the City of San Bruno this 28th day of June 2022 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

Vicky Hasha, Deputy City Clerk
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EXHIBIT A

CONDITIONS OF APPROVAL

GLENVIEW TERRACE PROJECT

VESTING TENTATIVE MAP
(TM13-001)
I. General Conditions
Community and Economic Development

1. The Developer shall file file a declaration of acceptance of the following conditions by submitting a signed copy of the “Summary of Hearing” to the Community Development Department of within 30 days of City Council approval. Until such time as the Summary is filed, the Vesting Tentative Map shall not be valid for any purpose. The Vesting Tentative Map shall expire two (2) years from the date of City Council approval unless one of the following occurs: The Final Map has been approved and recorded, the Developer has requested an extension pursuant to the Subdivision Map Act, or an automatic extension pursuant to the Subdivision Map Act is applicable.

2. All conditions of approval herein shall apply to the project in its entirety, regardless of the individual department under which the condition is listed. These conditions of approval and any other conditions associated with any further approvals of the development project shall run with the land, and any and all successors in interest of the property shall comply with all conditions of said approval.

3. The developer shall indemnify, defend, and hold harmless the city, its officers, employees and agents, from any and all claims and lawsuits from third party(s) involving or related to the city’s consideration and/or approval of the developer’s application for development, inclduing the compliance with the California Environmental Quality Act, and shall reimburse the City for all costs and fees associated with the City’s responses to Public Records Act requests related to the application.

4. The signed copy of the conditions of approval shall be photocopied and included as a full size page in the Building Division set of drawings and civil improvement plans.

5. The Developer shall be responsible for the cost of all City reviews and inspections required for all improvements associated with the Development.

6. All public improvements shall conform to City Standard Details and Standard Specifications, the San Bruno Municipal Code, and these Conditions of Approval unless otherwise approved by the City Engineer. All improvements that will be owned and operated by the City shall conform to City Standard Details and Standard Specifications, City of San Bruno Municipal Code, and these Conditions of Approval. City Standards shall govern in the event of a conflict, unless otherwise approved by the City Engineer. 134 of 478

7. The Developer shall acquire at Developer’s cost all the off-site easements, right-of-way and land required to construct the development.

8. A Homeowner’s Association (HOA) shall be formed and a set of Conditions, Covenants and Restrictions (CC&Rs) shall be established. The CC&Rs shall incorporate all required language referenced in these conditions of approval including but not limited to prohibiting tenants from using balconies as long-term storage and prohibiting overnight parking in the 19 guest parking spaces.

9. The CC&Rs shall be approved by the City prior to recordation of the Final Map and shall be recorded as deed restrictions with the Final Map.

10. Developer shall be responsible for maintaining perimeter walls and fences free of graffiti. Responsibility to maintain the exterior walls graffiti free shall be included in CC&R’s.

11. Prior to the issuance of the first City building permit, which is defined as any building permit that includes full structural building permits as well as partial permits such as foundation-only permits, the Developer shall execute and record an Affordable Housing Agreement restricting the sale or lease of 15% of the total dwelling units, as specified within the Affordable Housing Plan. The Affordable Housing Agreement shall be recorded together with any Final Map and will have priority over the liens of all deeds of trust, mortgages and other financing instruments encumbering the Project site. The agreement shall specify a partial low income unit payment for a decimal fraction of less than one-half.

12. Any proposed modifications to the approved Affordable Housing Plan must submitted for review by the Community and Economic Development Director. The Community and Economic Development Director shall determine whether the proposed modifications substantially conform with the approved Affordable Housing Plan, or whether a formal modification of a previously approved Affordable Housing Plan is required to be submitted to permit the proposed modifications, subject to review and a decision by the City Council.

13. The Applicant shall submit a construction management plan (CMP) and phasing schedule for City review and approval prior to issuance of a demolition, grading, or building permit, and as needed throughout the course of the project. The CMP shall include plans for construction staging and employee parking, and outline traffic management strategies to reduce, to the extent feasible, traffic congestion, closures on the transportation network including emergency access and emergency response vehicles, the effects of parking demand by construction workers, and other nearby projects that could be simultaneously under construction. Existing on-street parking shall not be impacted by project construction without permission from the Public Works Department.
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14. The Applicant shall provide the name and 24-hour emergency phone number of the contact person in charge of construction. This information shall be conspicuously posted and publicly visible from outside of the construction site.

15. Avigation easement to be granted to the City and County of San Francisco as operator of SFO. The avigation easement to be used in fulfilling this condition is provided in Appendix G of the SFO ALUCP.

16. If HVAC units are proposed, a supplemental noise analysis shall be performed documenting that the units comply with Chapter 6.16 of the Municipal Code prior to issuance of building permits.

17. A comprehensive landscape, planting and irrigation plan for all of the common areas, and, if applicable, individual lots shall be submitted for review by the Community and Economic Development Department prior to recordation of the final map. Plans shall comply with state and local Water Efficient Landscape Ordinance (WELO) requirements and include water use calculations. In addition, the plans shall be prepared with the following considerations:
 Landscape architect to select planting palette that is appropriate for both a biotreatment facility and being submerged for an extended period as ponding depth can exceed 12 inches during larger storm events.

Landscape plans shall include only fire resistant plant materials in the defensible space area. Trees and plant materials must be approved by the Fire Marshal and Community and Economic Development Departement.
 Efficient irrigation systems shall be used throughout all landscaped areas in accordance with the Model Water Efficient Landscape Ordinance.

18. All mitigation measures in the adopted MMRP shall be included in improvement plan and building permit plans. All mitigation measures in the MMRP shall be applied as conditions of approval.

Building

19. Building permit applications/building plans will have to be designed to the current version of the California Building Codes adopted by the city.

20. To attenuate noise adjacent to San Bruno Avenue, the project applicant shall construct a sound wall 6-feet in height at the property line adjacent to San Bruno Avenue.

21. Due to noise levels from San Bruno Avenue, mechanical ventilation shall be shown in building permit plans and installed in all residential uses to allow residents to keep doors and windows closed, as desired for acoustical isolation. 136 of 478

22. Geotechnical report is dated February 2020. An updated geotechnical letter stating that site conditions have not changed shall be provided for the building permitting process.

23. Please imprint, on the submitted plans, the Construction Best Management Practices.

To access the standard plan, please visit: http://www.flowstobay.org/construction.

24. Please note on plan: The City of San Bruno Municipal Code Section 6.16.070 the operation of any equipment or performance of any outside construction related to a project shall not exceed the noise level and time indicated below:

Monday through Saturday:
 7:00 AM to 10:00 PM – 85 Decibels
 10:00 PM to 7:00 AM – 60 Decibels
Sunday:
 10:00 AM to 7:00 PM – 85 Decibels
 7:00 PM to 10:00 AM – 60 Decibels

25. Approval of this Project does not relieve the Applicant from the applicable requirements of subsequent permits and approvals, including but not limited to the following as may be applicable:
a. Grading Permit and Improvement Plan
b. Fire Permit
c. School District Development Impact fee requirements

26. Prior to the issuance of building permits, the applicant/developer shall submit a Construction and Demolition Application to the Building and Safety Division. The link to accessapplication:
https://www.sanbruno.ca.gov/civicax/filebank/blobdload.aspx?BlobID=32797 Public Works

27. If there is any conflict between the entitlement documents and the conditions of approval, these conditions of approval shall govern, unless approved by the City Engineer.

28. The Developer shall submit a Final Map prepared by a qualified Registered Civil Engineer or Licensed Land Surveyor in accordance with the State Subdivision Map Act and all local ordinances. The applicant shall provide current title report within six months of the final map submittal.

29. The Final Map must be prepared pursuant to the City of San Bruno Municipal Code, State Law and Regulations, and Standard Engineering Practice.

30. The Developer shall pay for and construct all improvements to private land and implement any conditions or mitigation measures associated with the Development. 137 of 478

31. The Developer shall be responsible for the cost of all City reviews and inspections required for all improvements associated with the Development.

32. The Devloper shall submit funds to the City in sufficient amounts to increase the deposit amount for the Public Works Department to at least $25,000 prior to any postentitlement meetings, reviews, and other work related to the project. The Applicant shall be responsible for maintaining said deposit account and shall submit funds to increase the deposit amount to at least $25,000 or as determined by the City Engineer within fifteen calendar days of receipt of written notice from the City that the deposit amount is $15,000 or less. Actual costs for staff and consultant time shall be deducted from this deposit. At the end of the project, any remaining deposit amount will be refunded.

33. All improvements shall conform to City Standard Details and Standard Specifications, the San Bruno Municipal Code, and these Conditions of Approval unless otherwise approved by the City Engineer. All improvements to be owned and operated by the City shall conform to City Standard Details and Standard Specifications, City of San Bruno Municipal Code, and these Conditions of Approval. City Standards shall govern in the event of a conflict.

34. The City reserves the right to require the Developer to provide easements for public utilities and access as determined by the City Engineer.

35. The Developer shall acquire at its own cost all off-site easements, rights-of-way, and land required for the development.

36. The Developer shall dedicate on all pertinent maps any and all public easements required for public utilities and access on private lots or parcels. All proposed utility easements, any City required non-access strips, and all other easements in general shall also be shown on any pertinent maps.

37. Developer shall convey any easements to its successors, with the stipulation that they shall be perpetually the owner’s responsibility for maintenance and repair, and the owners will hold and save the City of San Bruno harmless from all claims of any kind related to them.

38. Developer shall schedule a meeting to submit the Improvement Plans for a site development review with the Public Works Department.

39. The Developer shall create a Homeowners Association (HOA) for the Single Family Residential subdivision which will be responsible to maintain and repair, at their own cost, all privately owned and maintained facilities including but not limited to the proposed landscaping and irrigation systems, street lighting systems, the open space areas, the park and barbeque areas and furniture, private utility lines such as storm and sanitary sewer, street pavement, curb, gutter, sidewalk, shared driveways, stormwater treatment measures and ground slopes. The respective responsibilities shall be 138 of 478
described and assigned in the CC&R’s, and the HOA shall be fully formed prior to the sale or transfer of any lot wihtin the subdivision.

40. CC&R’s shall be prepared and recorded with the Final Map.

Agreements

41. Prior to issuance of the City building permit, Developer shall enter into an Improvement Agreement, in a form approved by the City Attorney, to guarantee completion of construction and payment of all public and private infrastructure improvements required of the project and to provide payment of all City inspection and plan check charges associated with the installation of public and private improvements. In addition, Developer shall provide the City with all bonds required by the San Bruno Municipal Code, in form approved by the City Attorney. The Improvement Agreement shall be recorded against the property along with the Final Map.

42. Prior to the issuance of a City building permit, Developer shall execute a Maintenance Agreement, in a form approved by the City Attorney, to ensure long-term maintenance and servicing by the Homeowner’s Association of the privately owned improvements.

These obligations shall be incorporated into the CC&R’s for the HOA. The Maintenance Agreements shall be recorded against the properties and be binding upon successors.

Maintenance responsibilities shall include, but not be limited to, landscaping and irrigation systems, street lighting systems, the open space areas, private utility lines such as storm and sanitary sewer, street pavement, curb, gutter, sidewalk, shared driveways, stormwater treatment measures and ground slopes. All public utilities shall be maintained by the City.

43. Prior to the issuance of a City building permit, Developer shall execute a Stormwater Treatment Measures Agreement, in a form approved by the City Attorney, to ensure long-term maintenance and servicing by the Homeowner’s Association for the stormwater site design and treatment control measures according to an approved Maintenance Plan(s). The Stormwater Treatment Measures Agreements shall be incorporated into the CC&R’s for the HOA, shall be recorded against the properties and be binding upon successors. A Maintenance Plan for every stormwater treatment control measure or applicable site design measure, inclusive of maintenance and inspection checklists and Maintenance Inspection Report Forms, shall be submitted to the City for review and approval. A copy of the final, approved Maintenance Plan(s) shall be placed on file with the City’s Engineering Division.

Utilities

44. The Developer shall serve the development with City utilities, including City of San Bruno CityNet service.
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45. Storm drainage improvements within the development shall be privately owned and maintained. Maintenance responsibility shall terminate at the connections to the public storm drain system.

46. Sanitary sewer improvements within the development shall be privately owned and maintained. Maintenance responsibility shall terminate at the connections to the public sanitary sewer system.

47. The street light system shall be privately owned and maintained.

48. The water system shall be publicly owned and maintained and located within public right of way or a public easement.

49. San Bruno Water Division will operate and maintain water system facilities up to the water meters.

50. Developer shall pay for and construct the off-site water facilities necessary to serve the development as included in the modeling study report dated August 30, 2016, as determined necessary by the City Engineer. These improvements would include but are not limited to: (1) connect the inactive 12-inch diameter water main to Pressure Zone 10 located at San Bruno Avenue and Sneath Lane, with point of connection for the new 12” water main to San Bruno Avenue located on the east side of the San Bruno Avenue / Glenview Drive intersection, which combined requires approximately 165 feet of additional 12-inch diameter pipeline, (2) abandon the existing 10-inch diameter water main connected at San Bruno Avenue and Sneath Lane once the 12-inch diameter water main is connected to Pressure Zone 10, and (3) Install a pressure regulating station with a backflow preventer at the Project’s water service connection and an automatic blow-off valve connected to the City’s sanitary sewer system.

Plans

51. The final map for the proposed subdivision shall substantially conform to the tentative map approved by City Council, except as modified by the Conditions of Approval. Any further modification to the approved map shall require prior approval from the Community Development Director.

52. Any map and plans must be prepared to standard engineering practice and the City of San Bruno Municipal Code (Muni Code). In the event of conflict, the Muni Code shall govern unless approved by the City Engineer.

53. All Improvement Plans shall be submitted on 22”x34” standard plan sheets. Scale shall be sufficiently large for clarity and review. Street Improvement Plans and Profiles shall have a minimum of 1”=20’ scale. The Site Plan and Grading Plans shall have a minimum scale of 1”=40’. Applicant shall submit an AutoCAD version of the final improvement plan to the City. AutoCAD files shall include vertical and horizontal data that is compatible with and can be exported to ArcGIS.
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54. The Developer shall submit engineered Improvement Plans for on-site and public improvements (including specifications & engineers cost estimates) for approval by the City Engineer. The Improvement Plans shall include, but are not limited to, all engineering calculations necessary to substantiate the design, proposed roadways, drainage improvements, utilities including CityNet Service, traffic control devices, retaining walls, waterlines, sanitary sewers, and storm drains, stormwater treatment facilities, street lighting, common area landscaping, signing and striping, and any other project improvements. Developer shall submit separate plan sets for onsite and public improvements upon request of the City. Coordination with other agencies for approval of improvements and issuing permits, when needed, is the responsibility of developer’s engineering team.

55. Prior to and as part of utility design, the Developer shall pothole and submit pothole data for any utility crossings and for confirmation of utility separation as part of the utility plan review process. Developer assumes all risks for any utility work done without potholing. Separate encroachment permit(s) may be required for potholing within City and/or Caltrans right-of-way.

56. All major city utilities (valve clusters, meter assemblies, back flow assemblies and manholes) are to be drawn to scale showing the relationship with any adjacent structures, utilities and easements/property lines.

57. The Developer shall provide, as part of its Improvement Plans submittal and/or building plan submittal, detailed structural calculations and design details for retaining walls.

Walls shall incorporate drainage features, if necessary, as recommended in the geotechnical report to ensure proper drainage. The aesthetic design shall be to the satisfaction of the Planning Director. The structural and drainage design shall be to the satisfaction of the City Engineer and Building Official.

58. The Improvement Plans shall include complete electrical plans as separate sheets, showing the proposed streetlight system in the public right-of-way. Information in the lighting plan shall include, but is not limited to, the following: pole type(s), luminaire type(s), conductor and wiring schedule, points of connection, lamp wattage, pull box locations, load and intensity calculation.

59. The Developer shall provide photometric plans, which shall comply with standards shown on ANSI/IES RP-8-18 or latest edition of American National Standard Practice for Design and Maintenance of Roadway and Parking Facility Lighting. City standard Leotek GreenCobra Jr. LED street lights shall be used unless otherwise approved by the City Engineer.

Prior to Permit Issuance

60. The Developer shall apply for and obtain a City Grading Permit. 141 of 478

61. Prior to the issuance of a grading permit, Developer shall file a Notice of Intent and obtain coverage under the California State Department of Water Resources General Construction Activity Storm Water Permit, including preparation and implementation of a Storm Water Pollution Prevention Plan (SWPPP). A copy of the filing and a copy of the SWPPP shall be submitted to the City Engineer.

62. Prior to the issuance of grading permit, the Developer shall provide to the City Engineer a plan indicating the amount of soil to be removed, disposal sites, the estimated number of truck trips required and the proposed haul routes. The applicant shall pay the City Transportation Permit Fees before the grading permit is issued. Said fees are for City time spent to process and issue transportation permit(s) for vehicles exceeding the maximum size and/or weight allowed by the California Vehicle Code

63. The Developer shall submit a detailed construction and staging plan that shall be reviewed and approved by the City prior to building permit issuance.

64. Prior to issuance of building permits, Developer shall submit fire sprinkler flushing plans that comply with NPDES stormwater treatment requirements.

65. Prior to the issuance of any building permit, Developer shall submit two copies of the approved and recorded CC&R’s to the City Engineer and the Community and Economic Development Director.

66. Developer shall pay for all current, on-site service connection fees (including but not limited to Water and Wastewater) and post all applicable deposits or bonds for infrastructure improvements to be dedicated to the City prior to building permit issuance. Fees shall be determined based on the current fee schedule at the time of permit issuance. Separate application is needed for water service request.

67. Developer shall obtain an Encroachment Permit from Public Works Department prior to commencing any work within the City’s public right-of-way or easements, including the placement of traffic control measures. The Encroachment Permit shall be issued prior to issuance of a building permit.

Improvement Plans

68. Elevation Datum to be based on a City bench mark.

69. Developer shall implement the recommendations of the geotechnical report as prepared by a registered Geotechnical Engineer. The Geotechnical Engineer who prepared the geotechnical report shall review all improvement plans prior to submittal of plans to the City and conduct any inspections, testing and other actions during construction that are called for in the geotechnical report.

Traffic/Street
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70. The Developer shall, at their own cost, implement recommendation of the traffic impact analysis study dated April 7, 2017 to install all way stop control at the intersection of San Bruno Avenue and Glenview Drive. Other improvements to be installed include LED enhanced stop signs, advance stop warning signs, and high visibility crosswalk striping.

71. All streets, curb, gutter, sidewalk and shared driveways within the property shall be privately owned and maintained. Private street pavements shall be constructed to minimum structural standards for local residential streets.

72. All pedestrian facilities shall be designed in accordance with Title 24 (Handicap Access) and the Americans with Disabilities Act, including pedestrian ramps at all curb returns or round corners, where applicable.

73. Traffic control, regulatory, warning, guide signs and markings (including fire hydrant pavement markers) shall be installed in conformance with the Manual of Uniform Traffic Control Devices.

74. The first driveway north of the intersection of San Bruno Ave/Glenview Dive shall be designed for right-in and right-out movement only. The curb south of this driveway shall be painted red for no parking from the southerly edge of the driveway to the intersection curb ramp for safety.

75. All curb ramps shall be installed to comply with ADA requirements. Applicant shall upgrade all curb ramps serving crossings that connect to the project frontage and provide a separate ramp for each crossing to the satisfaction of the City Engineer.

76. All new curb ramps shall be directional unless otherwise approved by the City Engineer.

Drainage

77. All manholes covers in the private storm drain system shall be neatly marked “Private S.D.”

78. Developer shall pay for and construct the off-site storm water facilities necessary to serve the development as shown on the Vesting Tentative Tract Map and as determined necessary by the City Engineer. These improvements would include but are not limited to approximately 350 linear feet of 15-inch RCP along San Bruno Avenue.

79. Implement trash capture devices within the development to reduce trash loads by 100 percent prior to discharging stormwater into the public storm drain system.

Install trash capture devices in all storm drain inlets around the exterior frontages.

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devices shall be cleaned routinely and maintained by the Property Owner per the Stormwater Treatment Measures Maintenance Agreement.

80. All storm drain inlets shall be clearly marked with the words “No Dumping! Flows to Bay,” or equivalent using thermoplastic material or a plaque.

81. The Developer shall provide a final Drainage Report with the submission of the Improvement Plans. Reduce stormwater discharge to the City's public storm drain system to the maximum extent feasible. Strategies that can be incorporated include increasing pervious areas, such as utilizing permeable paving in the driveways, private street, and other walkways within the development.

82. The Developer shall provide final C.3 & C.6 checklists and Stormwater Management Plan with the submission of the Improvement Plans. Project shall comply with all requirements of the Municipal Regional Stormwater NPDES Permit Provision C.3.

Please refer to the San Mateo Countywide Water Pollution Prevention Program’s (SWCWPPP) C.3 Stormwater Technical Guidance Manual for assistance in implementing Low Impact Development (LID) measures at the site.

Water

83. Water lines to be designed and constructed in accordance with Division of Drinking Water requirements and City standards and specifications.

84. Provide entire pressure regulating station as required per the hydraulic evaluation memorandum dated August 30, 2016. Installed pressure regulating station to be similar to other City facilities of this type and would include an underground vault containing the pressure regulating valve, control valves, pressure gauges, line strainers, blowdown valves, access ladder, sump pump, relief piping, SCADA unit and other needed appurtenances. Pressure regulating station to be located in public utility easement behind sidewalk.

Sanitary Sewer

85. All manholes covers in the private sanitary sewer system shall be neatly marked “Private S.S.”
Grading

86. Grading plans shall include appropriate erosion control measures for the development.

87. The erosion control plan sheets shall be included as separate, numbered sheets in the grading plan of the improvement plans.
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88. Engineered retaining walls over 3 feet in height shall be constructed of approved durable material, to the satisfaction of the City Engineer, Community and Economic Development Director, and Building Official.

89. The grading plans shall minimize the need for off haul from the Project Site. Design shall incorporate all elements of the applicable soils report(s). The grading plans shall be signed off by the Geotechnical Engineer indicating that plans are in compliance with the geotechnical report.

90. Do not grade onto adjoining property without prior written permission from the property owner.

Utilities

91. Joint trenches shall include telephone, CityNet Services (City of San Bruno Cable TV), electrical, communication, and gas lines. The trench width and depth shall be to the standards of the utility companies and to the satisfaction of the City Engineer.

92. The Developer shall provide evidence that all affected utility companies including, but not limited to, Pacific Gas and Electric, CityNet Services and Telephone have reviewed and approved the proposed joint trench improvements.

93. The Developer shall provide evidence that Pacific Gas and Electric has reviewed and approved the 12” water line crossing/separation from their existing gas lines.

Construction Process

94. Prior to the start of construction, the Developer shall hold a preconstruction conference with City staff. Attendance shall include the construction managers, contractors, and all subcontractors who are responsible for installing infrastructure improvements, and grading and erosion control measures.

95. Developer shall provide the name and 24-hour emergency phone number of the contact person in charge of construction.

96. During construction, only San Bruno Water Division personnel will be allowed to operate existing water facilities including water valves to facilitate any shut-downs required for construction.

97. Developer shall perform two pavement condition surveys to determine the Pavement Condition Index (PCI) on College Drive prior to the start of construction and after construction is complete. The surveys shall be performed by professional pavement inspectors conducting detailed examinations of pavement surface features such as cracking and depressions in accordance with the requirements of ASTM D6433-11, “Standard Practice for Roads and Parking Lots Pavement Condition Index Surveys.” 145 of 478
Copies of both survey results shall be provided to the City. The limits of the survey and any repairs shall be the project frontages plus 500’ beyond the property in the direction of construction traffic. The Developer shall make any repairs to the roadway necessary to attain the pre-construction PCI to the satisfaction of the City Engineer.

98. San Bruno Avenue Westbound between Glenview Drive and Crestmoor Drive shall receive a pavement treatment consisting of a 2” cold plane followed by a 2” asphalt concrete overlay. The Developer proposes to install a storm drain main between these limits and this street section was recently paved and is under pavement moratorium.

99. Developer shall coordinate the installation of stormwater treatment measures with the City and shall arrange to have a City Inspector or City-designated third party inspector inspect the installation. Developer shall be responsible for all fees associated with third party stormwater inspections during construction. 100. All construction related parking shall be located onsite (including commercial vehicles and construction workers’ personal automobiles). 101. Developer shall submit an Encroachment Permit for any traffic control measures on the public right of way during construction. The Developer shall post a lighted message board sign with wording to the satisfaction of the City Engineer indicating the dates and times traffic control will be in effect.
102. Upon completion of construction, the Developer shall repair any public improvements damaged by construction operations to the conditions existing prior to project construction and to the satisfaction of the City Engineer. 103. The Developer shall submit a dust control plan consistent with Bay Area Air Quality Monitoring District (BAAQMD) requirements for approval by the Department of Public Works. To reduce dust levels, exposed earth surfaces shall be watered as necessary. The application of water shall be monitored to prevent runoff into the storm drain system. Spillage resulting from hauling operations along or across any public or private property shall be removed immediately. Dust nuisances originating from the contractor’s operations, either inside or outside of the right-of-way shall be controlled. The measures shall also include:
a) Water all active construction sites at least twice daily. b) Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard.
c) Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites.
d) Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites.
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e) Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets.
f) Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more). g) Enclose, cover, water twice daily, or apply non-toxic soil binders to exposed stockpiled materials.
h) Install sandbags or other erosion-control measures to prevent silt runoff to public roadways.
i) Replant vegetation in disturbed areas as quickly as possible. j) Watering should be used to control dust generation during the break-up of pavement.
k) Cover all trucks hauling demolition debris from the site. l) Use dust-proof chutes to load debris into trucks whenever feasible. m) Water or cover stockpiles of debris, soil, sand or other materials that can be blown by the wind.
n) All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be in proper running order prior to operation.
o) Diesel powered equipment shall not be left inactive and idling for more than five minutes, and shall comply with applicable BAAQMD rules. p) Use alternative fueled construction equipment, if possible. q) All vehicle speeds on unpaved roads shall be limited to 15 mph. r) Post a visible sign with the telephone number and person to contact at the Lead Agency regarding dust complaints. This person shall respond and take corrective action within 24 hours. The Air District phone number shall also be visible to ensure compliance with applicable regulations. 104. Developer and its contractors shall implement dust and noise control measures during the duration of the project construction, including holidays and weekends. 105. All construction equipment shall be properly tuned and maintained to keep NOX emissions to a minimum during construction. Maintenance records for all construction vehicles shall be kept on site.
106. Construction contractors shall locate fixed construction equipment (such as compressors and generators) and construction staging areas as far as possible from adjacent residences.
107. A Maintenance Plan shall be submitted to the City Engineer indicating contractor responsibility for complying with the erosion control plan for the duration of the construction project, making necessary inspections and repairs. 108. Developer shall install erosion control measures on any individual lots that are not developed simultaneously.
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109. All utility work, including trench restoration, in the public right-of-way shall be completed to the satisfaction of the City Engineer.
110. Any work in the public right-of-way shall be performed between the hours of 8:00 a.m. to 5:00 p.m. Monday through Friday excluding holidays. 111. Road and sidewalk closures shall be requested and approved by the City’s project manager at least 48 hours in advance of each occurrence. Traffic control plan(s) shall be submitted and approved prior to request for road and sidewalk closure. 112. The Developer shall apply for and obtain a Grading Permit. Plot and Finished Grading Plan shall be prepared by a California licensed Civil Engineer. 113. Prior to the issuance of the grading permit, the Developer shall provide Public Works Department with a plan indicating the amount of soil to be removed, disposal sites, the number of truck trips required and the proposed haul routes. Final haul route shall be approved by the City Engineer. Cost for on- and off-hauling shall be determined based on the fee schedule at the time of hauling. 114. Construction activity resulting in a land disturbance of one acre or more, or less than one acre but part of a larger development shall obtain the Construction Activities Storm Water General Permit (General Permit) from the State Water Quality Control Board. The State requires a completed Notice of Intent to comply (NOI) package and a Storm Water Pollution Prevention Plan (SWPPP) prepared in accordance with Section A of the General Permit prior to the commencement of soil disturbing activities. The State will issue a Waste Discharge Identification (WDID) number within 10 business days after it receives a complete NOI package (original signed NOI, vicinity map, and check). Developer shall also submit copies of the NOI and SWPPP to the City for review and approval. Throughout the project life, the SWPPP shall be revised as necessary to accommodate site changes during to construction. 115. Temporary control structures shall remain in place until the site is completely developed. A maintenance plan shall be submitted to the City Engineer indicating the contractor’s responsibility for complying with the erosion and sediment control plan for the duration of construction. The maintenance plan shall include dust control, but is not limited to the best management practices outlined in the Stormwater Pollution Prevention Plan (SWPPP), and shall be to the satisfaction of the City of San Bruno and meet all Regional Water Quality Control Board (RWQCB) requirements. 116. Prior to the issuance of any permits for public improvements or work within easements, certificates of insurance shall be provided to the City verifying that both the Applicant and any contractors have public liability insurance. The amount and type of insurance shall be reviewed by the City and shall be sufficient to cover damages that may result from construction and operations. The insurance limits shall be as required by the City Attorney. Combined single limit coverage and the policy shall be subject to review and approval of the City Attorney.
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I. Prior to Occupancy
117. Prior to Final Inspection, all pertinent conditions of approval and all improvements shall be completed to the satisfaction of the City Engineer. 118. Prior to project acceptance by the City, the Developer shall retain a Civil Engineer to prepare “as-built” or “record” drawings, and the drawing shall be submitted in AutoCAD and PDF formats, any certifications, warranties and guarantees. 119. Prior to project acceptance by the City, the Developer shall prepare “Maintenance and Responsibility” drawings and shall be submitted in AutoCAD and PDF formats. 120. The Developer shall provide all field survey data related to the project. The data shall be provided in AutoCAD drawing files.
121. AutoCAD files shall include vertical and horizontal data that is compatible with and can be exported to ArcGIS.
122. Any streetlights to be installed shall be operational prior to the issuance of a Certificate of Occupancy.
123. The Developer shall be responsible for maintaining the LED all way stop signs for a duration of 6 months, with that duration beginning upon project acceptance by the City. At the end of that six month period, the Developer shall be responsible for removing the LED all way stop signs and replacing with standard all way stop signs.

II. On-Going
124. The Property Owner shall be responsible for conducting all servicing and maintenance as described and required by the stormwater treatment measure maintenance plan(s). Maintenance of all on-site and off-site design and treatment control measures shall be the owner’s responsibility.
125. Approved maintenance plans for stormwater treatment measures shall be kept onsite and made readily available to maintenance crews. Maintenance plans shall be strictly adhered to.
126. By April 1 each year, maintenance inspection and servicing reports for the stormwater treatment systems shall be submitted to the City Engineer for the previous calendar year (January 1 through December 31). 127. The Property Owner shall be required to pay for all municipal inspections of installed stormwater treatment systems as required by the Regional Water Quality Control Board or the City.
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128. Site access shall be granted to representatives of the City, the San Mateo County Mosquito and Vector Control District, and the Water Board, at any time, for the sole purpose of performing operation and maintenance inspections of the installed stormwater treatment systems. A statement to that effect shall be made a part of the Maintenance Agreement and Stormwater Treatment Measures Maintenance Agreement recorded against the properties.
129. Storm drainage improvements on private property shall be privately owned and maintained. Storm drain laterals, including those within the public right-of-way, shall be privately maintained, with responsibility terminating at connections to the public storm drain system.
130. All private utilities (storm drain, sanitary sewer, water, electric, gas, etc.) and private road facilities within the development shall be maintained and repaired by the Property Owner and its successors and shall be memorialized in the maintenance and operations agreement.

Fire
131. Provide NFPA 13 Fire Sprinkler system throughout building and garages. Fire sprinkler system to utilize horn strobe units in place of bells. Fire Sprinkler system under separate fire permit.
132. The minimum fire flow is 1,500 gallons per minute with 20 lbs. residual pressure. The fire flow and residual pressure may be increased, as determined by the Fire Marshal, where the project utility lines will serve non-residential uses. 133. Fire hydrants shall be located as required by the Fire Department. The maximum distance between fire hydrants shall not exceed 500' on center. 134. There shall be clear language in the CC&Rs regarding parking restrictions and the HOAs' ability to remove vehicles parking in designated fire lanes. Draft copies shall be submitted to the fire department for review.
135. Provide a separate site map indicating curb cut with the "Fire Lane – No Parking SBMC

7.16.040" because most of the proposed street is 28 feet or less. 136. There shall be clear language in the CC&R's or similar regarding the ongoing maintenance of the WUI area to the east of all the houses. It shall be maintained throughout the year and subject to inspection by the Fire Department. 137. An approved project sign shall be placed at vehicle access points into the project during construction to assist emergency responders. The sign shall identify the address, as approved by the City of San Bruno. Such signs shall be visible and legible from the street fronting the project.
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138. Construction material and vehicles shall not obstruct fire apparatus access to fire apparatus roads, fire hydrants, or buildings.
139. Drywall and other temporary heating devices shall be of an approved type, located away from combustible materials, and attended and maintained at all times. Heating devices shall not be operated after normal working hours without being attended to on an hourly basis.
140. If site survey or earthmoving work results in the discovery of hazardous materials in containers or what appears to be hazardous wastes released into the ground, the contractor or applicant shall immediately report the finding to the San Bruno Fire Department via phone at (650) 616-7096. All suspected areas shall be marked off with approved signage or caution tape until such time that a representative from the Fire Department determines whether the release is reportable or not and if site remediation is required.
141. Temporary use of on-site generators with over 60 gallons of diesel fuel shall require a fire department permit and must meet the requirements of Chapter 6.95 of the Health and Safety Code, the San Bruno Fire Department, and the National Fire Codes. Contact the Fire Department at 650-616-7093 to initiate the permit application.

Prior to Building Permit Issuance
142. The Fire Marshal will approve a Safety Plan for the construction process before building permit issuance.

Construction Process
143. Fire Department access shall be maintained throughout construction, with a minimum of 20 feet of width.
144. Framing of combustible construction cannot commence until access roads, and the Fire Department approved public fire hydrants.
145. Testing of all fire systems shall be performed before the sales office can be opened for business.

Prior to Occupancy:
146. Prior to occupancy, all Fire and Life Systems must be finaled.

Police
147. All residences shall have backlit address lighting with a minimum of 4” numbers. 148. Adequate lighting of the treatment area, parking lots, driveways, circulation areas, passageways, recesses, and grounds contiguous to buildings shall be provided with enough lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the 151 of 478
premises during the hours of darkness and provide a safe secure environment for all persons, property, and vehicles on site.
149. Landscaping shall be of the type and situated in locations to maximize observation while providing the desired degree of aesthetics. Security planting materials are encouraged along fence and property lines and under vulnerable windows.
150. When applicable, perimeter fencing of open design, such as wrought iron, tubular steel, or densely meshed and heavy-posted chain link, should be installed in order to establish territoriality and defensible space, while maintaining natural surveillance.
151. Proper signage shall be posted at the entrances to reflect the streets are private property parking.
152. Designated Fire lanes shall be clearly marked and painted properly for enforcement purposes.
153. An arterial stop sign shall be placed at the two driveways of the complex which enter onto Glenview Drive.
154. Proper signage shall be placed at the most southern driveway indicting it is a one-way street and that vehicles may not exit.
155. A standard set of CC&R’s will state what residents can and cannot do and it will be the homeowner’s association responsibility to enforce the rules.

Parks
156. Prior to approval of the Final Map, any and all proposed recreation amenities and facilities shall be reviewed, pre-approved, and signed off by Public Works Department staff.
157. Prior to approval of the final map, the applicant shall prepare a Landscape Plan for the proposed development. This Landscape Plan shall be reviewed and approved by a geotechnical engineer and the City of San Bruno to assure expansive soil hazards identified in the design-level geotechnical report have been adequately assessed and the project can achieve conformance with geotechnical recommendations. The Landscape Plan shall be incorporated into the final project plan and be added as part of the project specifications related to grading, erosion control, and construction.
158. The developer shall comply with the City's heritage tree ordinance, section

8.25.050 of the San Bruno Municipal Code, which requires replacement planting of 2-24" box size tree or one 36" box size tree for each heritage tree removed. 152 of 478
159. The selection of street tree species and landscape pallet shall conform to City standards and reviewed by Community Services Department staff. 160. The project shall incorporate landscaping that minimizes irrigation and runoff, promotes surface infiltration, minimizes the use of pesticides and fertilizers, and incorporates other appropriate sustainable landscaping practices, in compliance with the City of San Bruno Water Efficient Landscape and Irrigation Guidelines. A copy of these guidelines is to be included as an appendix to the CC&R’s. 161. The use of irrigation for landscape improvements shall contain either drip irrigation or low-flow overhead sprinklers. All trees shall be irrigated by bubblers.

Trees shall be irrigated on a separate valve than other plant material. All irrigation valves shall contain a gate valve prior to the valve to allow for isolation and valve maintenance.
162. Prior to the issuance of a City building permit, the developer shall enter into a Maintenance of Landscaping Agreement for the maintenance of the proposed street trees, medians, and irrigation systems. The agreement shall run with the land and be binding upon successors in interest of the Developer. 163. Maintenance of neighborhood parks, passive park areas, street trees and landscaping shall be the responsibility of the Homeowners Association. 164. All landscaping shall be maintained in a weed free healthy growing condition, and plants not thriving or dead shall be replaced.
165. After one year of occupancy the landscaping shall be inspected by a qualified landscape architect who shall verify the landscape condition and make recommendations in a memo report to be submitted to the Community Development Director.
166. Roof drains shall drain away from the building and be directed to landscaping or a stormwater treatment measure.

CityNet Services
167. The developer/contractor shall be responsible for labor and construction including the coordination with PG&E for excavating the joint trench, supplying and installing CATV conduits, excavating, supplying, and installing the CATV underground utility box as needed. Provide connection materials such as the riser to the existing utility pole and SCH40 2-inch conduits into the first San Bruno CityNet Services utility box on the project property. 168. The developer/contractor shall provide one SCH40 2-inch conduit connecting the main utility pole riser into the first outside underground utility box. 153 of 478
169. The developer/contractor shall provide connectivity between all utility boxes with SCH40 2-inch conduit and proofed with mule tape/pull rope inside. 170. Developer/Contractor will provide B-36 utility underground vaults with 12-inch extensions for connecting existing San Bruno CityNet Services network. Christy B-36 with 12" extensions (35 1/4"l x 22 1/4" x 12"h, plus 12" extension).

Underground utility boxes located in the street shall be traffic rated. 171. The developer/contractor shall provide connectivity inside each individual unit with a protected singlemode fiber inside a Microduct (see specs below for Microduct of equal or better) and routed from the demarcation point usually located at the side of the unit where the underground service conduit lateral terminates and into a main gang box or unit’s internal panel (media cabinet where all communication wires terminate). This will terminate in each unit to provide Data, Video and VoIP services with an Optical Node Terminal (ONT) provided by CityNet Services.
172. Microduct Specifications:FieldShield Riser Rated 10/6 mm Microduct is a durable, crush resistant micro-conduit designed to increase the protection of fiber. Manufactured using high density thermoplastic, FieldShield Riser Rated Microduct offers superior durability and protection.
173. The developer is responsible for internal wiring of each unit in the SFR and additional outlets consisting of Ethernet Cat5E communication wires or better and Coax cables such as RG6 Trishield or better routed in homerun design for each outlet. Additional outlets shall be wired homerun to a main gang box or unit’s internal panel made of plastic material to help wireless transmission of data signal throughout the unit. This will terminate in each unit to provide data, phone and video services at the media cabinet/panel. The media cabinet will have a 120 VAC duplex electrical outlet grounded and have the minimum dimensions of H30”xW14”xD3.5” for a single provider and dimensions of H42”xW14”xD3.5” for multiple providers. Each residential unit shall have a main outlet in the living room and additional outlets in each bedroom. No splicing of cables within the units. All cables shall conform to CityNet Services requirements and terminated with an F-connector and Cat5E RJ45 jack at each wall plate outlet. 174. Contractors/Developer will always protect CityNet Services conduits and underground utility boxes during the construction phase. 175. Prior to occupancy, San Bruno CityNet Service pamphlets will be made available for all residents.

End of conditions.
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RESOLUTION NO. 2022 - __

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN BRUNO

APPROVING AN ARCHITECTURAL REVIEW PERMIT

AND PLANNED DEVELOPMENT PERMIT
PURSUANT TO SECTION 12.96.190.K
AND CHAPTER 12.108 OF THE ZONING CODE

FOR THE GLENVIEW TERRACE RESIDENTIAL SUBDIVISION PROJECT (APNs: 019-042-150, 019-042-160, AND 019-042-170)
(AR13-002, PDP12-001)
WHEREAS, New Shidai Development, LLC ("Applicant") is the owner of that certain

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Bruno, based on facts in the staff reports, written and oral testimony, and exhibits presented:

1. With respect to the Planned Development Permit, the City Council hereby finds that the proposed Planned Development Permit is consistent with the Development Plan, as recommended for approval because the subdivision project was designed in parallel with P-D Development Plan. The City’s peer review architect and staff reviewed the project plans and found that the proposed singlefamily homes meet the basic design principles of the City’s Residential Design Guidelines. The City’s architectural peer review analysis of the project is attached to this staff report. Most of the peer review recommendations have been incorporated into the project, therefore, the planned development permit is consistent with the development plan and the Residential Design Guidelines.

2. The City Council hereby approves the Planned Development Permit.

3. With respect to the Architectural Review Permit, the City Council hereby finds that the proposed Project:
a. The proposed buildings, site plan, and landscaping are in substantial conformance with the goals, policies, and objective development standards of the zoning code, General Plan, and applicable specific plans because the proposed site plan consists of small lot single-family development which fully utilizes the portion of the lot with the least amount of slope, leaving the steeply sloped portion undeveloped, allowing for a defensible space between the development and the canyon. Each house would be set back from the street and incorporate side setbacks, thus maintaining the traditional development pattern of a single-family neighborhood. The development's Glenview Drive frontage is appropriately landscaped and includes a number of homes which are oriented towards Glenview Drive thus reinforcing the development of the existing Crestmoor neighborhood to the north.
b. The site for the proposed development is adequate in size and shape to accommodate proposed building site plan and landscaping because the density of the proposed development is well below the maximum density permitted by the proposed medium-density land use designation. The overall site area is approximately 3.28-acres. Twenty-nine homes and common area are proposed on the site resulting in a density of 8.8 units per acre which is consistent with the General Plan Medium Density 156 of 478
Residential designation of up to 24 units per acre. Furthermore, twentynine homes can be accommodated on the site while maintaining a defensible space and two landscaped stormwater detention basins and streets within the development would be a minimum of 22'-0" in width, with turning radii that can accommodate emergency vehicles, therefore demonstrating the site can accommodate the proposed development. c. The design of the building site plan, landscaping, and streetscape, including street trees, lighting, and street furnishings, is consistent with the character of the surrounding area, and would not create an adverse visual impact on the surrounding area because the site layout was designed to be compatible with surrounding residential neighborhoods, in particular, the Skycrest development on the south side of San Bruno Avenue and the homes on Glenview Drive immediately north of the site. The single-family homes are sited to create a distinct internally oriented residential neighborhood with an attractive edge as viewed from the exterior with several homes oriented towards Glenview Drive.

The development has been designed to adapt to the challenging topography and configuration of this long-vacant site, making efficient use of the flatter portion of the site.

New street trees will be planted throughout the development, and along edge of Glenview Drive. The project will utilize a variety of drought tolerant and native vegetation, ranging from flowering trees, small evergreen trees, a variety of different shrubs, grasses, vines, and ground cover. Landscaped bio-retention areas providing storm water treatment are proposed at the northeast and southeast corners of the site. Landscaping and wall treatments would complement the streetscape on Glenview Drive with similar to frame the entry scene to the college campus. Therefore, the land uses proposed will not create an adverse visual impact on the surrounding area.
d. The development will not be detrimental to public health, safety, or welfare, because there is a Mitigation Monitoring and Reporting Program (MMRP) associated with the project that must be adhered to before and during project construction. Compliance with the MMRP will ensure the project is not detrimental to public health, safety, or welfare.
e. The proposed development contributes to the creation of an attractive and visually interesting built environment that includes a variety of building styles and designs with well-articulated structures within a unifying context that encourages increased pedestrian activity and promotes compatibility among neighboring land uses within the same or different districts because the project will include three different architectural styles (Craftsman, Colonial, and Mediterranean) and three different exterior color and material schemes within each style for a total of 12 different exterior elevations. The different elevations will be dispersed throughout the development to ensure a visually interesting streetscape. All of the designs include bay windows, 157 of 478
porches, wood trim detail, planter boxes, window shutters and touches of brick or stone accents are provided to give the development architectural character. The home at the northwest corner of the site fronts on Glenview Drive and is larger and on a wider lot than most of the homes in an effort to provide a transition between the small-lot development of the project and the larger lots of the adjacent Crestmoor neighborhood to the north. To promote pedestrian activity, the sidewalks along San Bruno Avenue and Glenview Drive will be replaced and a new four-way Stop Sign and pedestrian crossings will be installed at the intersection to make it safer to walk to the nearby grocery store.

4. The City Council hereby approves the Architectural Review Permit.

5. The Planned Development Permit and Architectural Review Permit shall not become effective until the effective date of the companion General Plan and Zoning Code Amendment and the Vesting Tentative Map approvals.

6. Upon the effective date, the Planned Development Permit and Architectural Review Permit approval shall be valid for a period of two years.

Dated: June 28, 2022
-o0oI, Vicky Hasha, Deputy City Clerk, do hereby certify that the foregoing Ordinance was duly and regularly passed and adopted by the City Council of the City of San Bruno this 28th day of June 2022 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

Vicky Hasha, Deputy City Clerk
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RESOLUTION NO. 2022 - __

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN BRUNO

APPROVING AN AFFORDABLE HOUSING PLAN
PURSUANT TO SECTION 12.230.070

OF THE ZONING CODE

FOR THE GLENVIEW TERRACE RESIDENTIAL SUBDIVISION PROJECT (APNs: 019-042-150, 019-042-160, AND 019-042-170)
WHEREAS, New Shidai Development, LLC ("Applicant") is the owner of that certain

WHEREAS, on April 19, 2022, the Planning Commission reviewed the Affordable Housing Plan and adopted Resolution 2022-06 recommending that the San Bruno City Council approve the Affordable Housing Plan for the project; and WHEREAS, the City Council held a Public Hearing on the Project on June 28, 2022 and on said date, the Public Hearing was opened, held and closed; and, WHEREAS, on June 28, 2022, the City Council independently reviewed and analyzed the Initial Study/Mitigated Negative Declaration and other information in the record and considered the information contained therein prior to acting upon or approving the Project.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Bruno, based on facts in the staff reports, written and oral testimony, and exhibits presented:

1. With respect to the Affordable Housing Plan, the City Council hereby finds that the proposed Plan is consistent with the requirements of Section 12.230.070 of the Zoning Code, as recommended for approval.
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2. The City Council hereby finds that the Affordable Housing Plan’s proposed inclusion of on-site affordable units supports adopted policies and goals of the City’s General Plan Housing Element and assists the City in meeting state housing requirements.

3. The City Council hereby finds that the on-site production of affordable units pursuant to the proposed Affordable Housing Plan complies with the standards in Municipal Code section 12.230.080, including but not limited to compliance with Section 12.230.080(B) which requires that affordable units be made available for occupancy concurrently with market-rate units, and will help mitigate the impact of the Project on the need for affordable housing in the City.

4. The City Council hereby approves the Affordable Housing Plan.

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

Vicky Hasha, Deputy City Clerk
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Exhibit A
Glenview Terrace Affordable Housing Plan
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RESOLUTION NO. 2022 - ___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN BRUNO

APPROVING THE INSTALLATION OF NEW FOUR-WAY STOP SIGNS

AT THE INTERSECTION OF SAN BRUNO AVENUE AND GLENVIEW DRIVE PURSUANT TO SECTION 7.08.050 OF THE MUNICIPAL CODE

FOR THE GLENVIEW TERRACE RESIDENTIAL SUBDIVISION PROJECT (APNs: 019-042-150, 019-042-160, AND 019-042-170)
WHEREAS, New Shidai Development, LLC ("Applicant") is the owner of that certain 3.28 acre site located at 850 Glenview Drive and 2880 and 2890 San Bruno Avenue W. in the City of San Bruno and more particularly described as Assessor’s Parcel Numbers 019-042-150, 019-042-160, and 019-042-170 (the "Property"); and WHEREAS, Applicant desires to develop on the Property the Glenview Terrace Project, which consists of a residential subdivision of 29 single-family homes with associated roadways and infrastructure (the "Project"); and WHEREAS, in order to develop the Project, Applicant has submitted an application to the City of San Bruno for approval of the following: (1) an amendment to the San Bruno General Plan to change the land use designation of a portion of the Property from Low Density Residential to Medium Density Residential; (2) an amendment to the Zoning Ordinance to change the zoning district of a portion of the Property from Single Family Residential (R-1) to Planned Development (P-D) and amend the existing P-D District; (3) a Development Plan for the Property; (4) a Planned Development Permit and Architectural Review Permit; (5) a Vesting Tentative Map merging the existing three lots and subdividing the Property into 29 single-family parcels and common area parcels (6) and a Development Agreement; and
WHEREAS, the current intersection of San Bruno Avenue and Glenview Drive is a two-way stop control on Glenview Drive and no control on San Bruno Avenue; and WHEREAS, a report evaluated the traffic impacts of the Glenview Terrace and concluded that the intersection of San Bruno Avenue and Glenview Drive meets the warrant for installation of a four-way stop control;
WHEREAS, staff reviewed the warrant study for the intersection and concur with the report findings that an all way stop control is warranted and can be installed at the intersection; and
WHEREAS, pursuant to Title VII, Section 7.08.050, of the San Bruno Municipal Code, any action of the City Council following a recommendation from the Traffic Safety and Parking Committee shall be taken by resolution; and 173 of 478
WHEREAS, the Traffic Safety and Parking Committee (TSPC) voted 3-0 at the June 2, 2021 meeting to recommend establishment of an all way stop control at the intersection of San Bruno Avenue and Glenview Drive; and, WHEREAS, on June 28, 2022, the City Council independently reviewed and analyzed the Initial Study/Mitigated Negative Declaration and other information in the record and considered the information contained therein prior to acting upon or approving the Project. Based on all evidence in the administrative record for the Project, the Council adopted Resolution No. 2022-___ adopting the Initial Study/Mitigated Negative Declaration, which determined the project would not have a significant adverse effect on the environment that would not be mitigated by the proposed mitigation measures which have been summarized in a Mitigation Monitoring and Reporting Program adopted by the City Council and added to the project as conditions of approval..

NOW, THEREFORE, BE IT RESOLVED that the San Bruno City Council approves the installation of a four way stop signs at the intersection of San Bruno Avenue and Glenview Drive.

Dated: June 28, 2022
-o0oI, Vicky Hasha, Deputy City Clerk, do hereby certify that the foregoing Ordinance was duly and regularly passed and
adopted by the City Council of the City of San Bruno this 28th day of June 2022 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

Vicky Hasha, Deputy City Clerk
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ORDINANCE NO. 2022-_______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN BRUNO

APPROVING A DEVELOPMENT AGREEMENT

BETWEEN THE CITY OF SAN BRUNO

AND NEW SHIDAI DEVELOPMENT, LLC,

FOR THE GLENVIEW TERRACE RESIDENTIAL SUBDIVISION PROJECT (APNs: 019-042-150, 019-042-160, AND 019-042-170)
(DA21-001)
SECTION 1. FINDINGS.

WHEREAS, in order to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs and risks of development, the Legislature of the State of California enacted section 65864 et seq. of the Government Code (the “Development Agreement Statute”) which authorizes a city and a developer having a legal or equitable interest in real property to enter into a binding, longterm development agreement establishing certain development rights in the property.

WHEREAS, a Development Agreement can provide certainty, definition and commitment as to proposed development and as to necessary public improvements required by development.

WHEREAS, as authorized by Governmental Code Section 65865(c), the City has adopted City Council Resolution 1986-77 (the “Development Agreement Resolution”) authorizing the execution of Development Agreements and establishing the procedures and requirements for said Development Agreements within the City.

WHEREAS, New Shidai Development, LLC ("Applicant") is the owner of that certain

WHEREAS, in exchange for the substantial Public Benefits of the Project, Owner desires to receive assurances that City shall grant permits and approvals required for the development of the Project over the Project's estimated three-year development horizon, in accordance with procedures provided by law and in this Agreement, and that Owner may proceed with the Project in accordance with the Existing City Laws. In order to effectuate these purposes, the Parties desire to enter into this Agreement; WHEREAS, the proposed Development Agreement is consistent with the San Bruno General Plan, and Zoning Ordinance (as amended by the Project Approvals), for the reasons set forth in the respective resolutions and ordinance approving the Project; WHEREAS, a Notice of Public Hearing was mailed on June 17, 2022, and duly posted in the San Mateo Times on Saturday, June 18, 2022, for consideration of a Planned Development Permit and Tentative Map; and
WHEREAS, the Planning Commission held a Public Hearing on the Development Agreement on April 19, 2022 and on said date, the Public Hearing was opened, held and closed; and
WHEREAS, on April 19, 2022, the Planning Commission adopted Resolution 2022-02 recommending that the San Bruno City Council adopt an Initial Study and Mitigated Negative Declaration (IS/MND), dated April 2021, and Mitigation Monitoring Program prepared by Raney Planning and Management, Inc. to analyze the environmental effects of the proposed project and, based on the type and intensity of land uses identified with the proposed project and the information contained in IS/MND, the project would not have a significant adverse effect on the environment that would not be mitigated by the proposed mitigation measures; and
WHEREAS, the City Council held a Public Hearing for the project on June 28, 2022, and on said date, the Public Hearing was opened, held and closed; and, WHEREAS, on June 28, 2022, the City Council independently reviewed and analyzed the Initial Study/Mitigated Negative Declaration and other information in the record and considered the information contained therein prior to acting upon or approving the Project.

Based on all evidence in the administrative record for the Project, the Council adopted Resolution No. 2022-___ adopting the Initial Study/Mitigated Negative Declaration, which determined the project would not have a significant adverse effect on the environment that would not be mitigated by the proposed mitigation measures which have been summarized in a Mitigation Monitoring and Reporting Program adopted by the City Council and added to the 176 of 478
project as conditions of approval. This Development Agreement vests rights to proceed with the project and requires a comminity benefit payment to the City, thus the Development Agreement does not have the potential to cause any impacts beyond those identified in the Initial Study / Mitigated Negative Declaration prepared for the Project.

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN BRUNO, AS FOLLOWS:

SECTION 2. This Ordinance incorporates, and by this reference makes a part hereof, that certain Development Agreement, substantially in the form attached to this Ordinance as Exhibit A, subject to minor conforming or technical revisions approved by the City Manager and City Attorney.

SECTION 3. This Ordinance is adopted under the authority of the Development Agreement Statute and pursuant to the provisions of the Development Agreement Resolution.

SECTION 4. The City Council hereby finds and determines that the Development Agreement is consistent with the General Plan of the City of San Bruno for the same reasons the Project overall is consistent with the General Plan and as set forth in the various related Project approval resolutions and ordinance.

SECTION 5. The City Council hereby finds that the proposed Development Agreement is consistent with the requirements of the Development Agreement Statute and the Development Agreement Resolution.

SECTION 6. The City Council hereby authorizes the City Manager to execute the Development Agreement between the City of San Bruno and New Shidai Development, LLC, substantially in the form attached hereto as Exhibit A, subject to minor conforming or technical revisions approved by the City Manager and City Attorney.

SECTION 7. The City Manager or his or her designee is hereby authorized and directed to perform all acts required to be performed by the City in the administration and implementation of the Development Agreement, including, without limitation, reviewing the Development Agreement on an annual basis, approving assignments and executing other agreements or documents necessary to carry out the purposes of the Development Agreement.

SECTION 8. This Ordinance shall take effect thirty (30) days following its final passage and adoption and shall be posted as required by law.

SECTION 9. Within ten (10) days after the date upon which the City Manager executes the Development Agreement on behalf of the City, the City Clerk shall record the Development Agreement and this Ordinance with the County Recorder of the County of San Mateo.
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SECTION 10. If any part of this Ordinance, or the Development Agreement which it approves, is held to be invalid for any reason, such decision shall not affect the validity of the remaining portion of this Ordinance or of the Agreement, and this City Council hereby declares that it would have passed the remainder of the Ordinance, or approved the remainder of the Agreement, if such invalid portion thereof had been deleted.

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

Vicky Hasha, Deputy City Clerk
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Exhibit A
City Council Review Copy – Draft Development Agreement
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1929\10\3315036.2

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of San Bruno
567 El Camino Real
San Bruno, CA 94066
Attn: City Manager

THIS SPACE FOR RECORDED USE
This Agreement is exempt from the payment of a
recording fee pursuant to Government Code § 27383.

DEVELOPMENT AGREEMENT
BY AND

BETWEEN

CITY OF
SAN
BRUNO
AND
New Shidai Development LLC, A CALIFORNIA LIMITED

LIABILITY CORPORATION

GLENVIEW TERRACE PROJECT
Effective Date: _____________, 2022
DocuSign Envelope ID: 3CDABFFF-97BE-4E2F-B6E0-5966DA2CECC9 180 of 478
Table of contents
Page
i
1929\10\3315036.2
ARTICLE 1. DEFINITIONS..........................................................................................................7

1.1. Definitions. ..........................................................................................................................7 ARTICLE 2. EFFECTIVE DATE AND TERM; PUBLIC BENEFIT ........................................12

2.1. Effective Date.. ..................................................................................................................12

2.2. Term of Agreement............................................................................................................12

2.3. Public Benefit Payment. ....................................................................................................12

2.4. Public Benefit Payment Schedule......................................................................................12

2.5. City Representations and Warranties.................................................................................13

2.6. Developer Representations and Warranties.......................................................................13 ARTICLE 3. DEVELOPMENT OF THE PROPERTY...............................................................14

3.1. Vested Rights.....................................................................................................................14

3.2. Life of Approvals...............................................................................................................14

3.3. Permitted Uses.. .................................................................................................................15

3.4. Governing Rules. ...............................................................................................................15

3.5. Timing of Development.....................................................................................................16

3.6. Compliance with Laws. .....................................................................................................16

3.7. No Conflicting Enactments................................................................................................16

3.8. Changes in the Law ...........................................................................................................17

3.9. Initiatives and Referenda.. .................................................................................................17

3.10. Regulation by Other Public Agencies..............................................................................18

3.11. No Reservation of Sanitary Sewer or Potable Water Capacity. ......................................18 ARTICLE 4. FEES .......................................................................................................................18

4.1. Impact Fees........................................................................................................................18

4.2. Processing Fees..................................................................................................................19

4.3. Other Agency Fees. ...........................................................................................................19

4.4. Taxes and Assessments......................................................................................................19

4.5. Connection Fees.................................................................................................................19 ARTICLE 5. AFFORDABLE HOUSING ...................................................................................19

5.1. Affordable Housing. ..........................................................................................................19

5.2. Sales Tax Point of Sale Designation..................................................................................22 ARTICLE 6. ANNUAL REVIEW ...............................................................................................22

6.1. Annual Review. .................................................................................................................22 ARTICLE 7. COOPERATION AND IMPLEMENTATION......................................................23

7.1. Subsequent Approvals. ......................................................................................................23 DocuSign Envelope ID: 3CDABFFF-97BE-4E2F-B6E0-5966DA2CECC9 181 of 478
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7.2. Scope of Review of Subsequent Approvals.......................................................................24

7.3. Processing Applications for Subsequent Approvals..........................................................24

7.4. Other Agency Subsequent Approvals. .............................................................................25 ARTICLE 8. AMENDMENT OF AGREEMENT AND PROJECT APPROVALS ...................25

8.1. Amendment by Written Consent.. .....................................................................................25

8.2. Project Approval Amendments. .....................................................................................25

8.3. Amendment of this Agreement..........................................................................................26

8.4. Amendments to Development Agreement Statute. ...........................................................27 ARTICLE 9. INSURANCE, INDEMNITY AND COOPERATION IN THE EVENT OF LEGAL CHALLENGE .................................................................................................................28

9.1. Insurance Requirements.....................................................................................................28

9.2. Indemnity and Hold Harmless. ..........................................................................................28

9.3. Defense and Cooperation in the Event of a Litigation Challenge. ..................................29

9.4. Public Records Act Requests.............................................................................................29 ARTICLE 10. ASSIGNMENT, TRANSFER AND NOTICE .....................................................29

10.1. Assignment.. ....................................................................................................................29

10.2. Release of Transferring Developer..................................................................................31

10.3. Assignment to Financial Institutions or Mortgagee.........................................................31

10.4. Consent Not Required After Issuance of Certificate of Occupancy................................31

10.5. Successive Assignment....................................................................................................32 ARTICLE 11. MORTGAGEE PROTECTION............................................................................32

11.1. Mortgagee Protection.......................................................................................................32

11.2. Mortgagee Not Obligated. ...............................................................................................32

11.3. Notice of Default to Mortgagee. ....................................................................................32

11.4. No Supersedure. .............................................................................................................33

11.5. Mortgagee Requested Amendments.. ..............................................................................33 ARTICLE 12. DEFAULT; REMEDIES; TERMINATION ........................................................33

12.1. Breach and Default.. ........................................................................................................33

12.2. Actions During Cure Period. ...........................................................................................33

12.3. Termination......................................................................................................................34

12.4. Legal Actions...................................................................................................................34

12.5. Rights and Remedies Are Cumulative.............................................................................34

12.6. No Damages.....................................................................................................................34

12.7. Resolution of Disputes.....................................................................................................35

12.8. Surviving Provisions........................................................................................................35 DocuSign Envelope ID: 3CDABFFF-97BE-4E2F-B6E0-5966DA2CECC9 182 of 478
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ARTICLE 13. GENERAL PROVISIONS ...................................................................................35

13.1. Condemnation..................................................................................................................35

13.2. Covenants Binding on Successors and Assigns and Run with Land...............................35

13.3. Notice...............................................................................................................................36

13.4. Permitted Delays..............................................................................................................36

13.5. Counterparts.....................................................................................................................37

13.6. Waivers. ...........................................................................................................................37

13.7. Construction of Agreement..............................................................................................38

13.8. Headings. .........................................................................................................................38

13.9. Severability. .....................................................................................................................38

13.10. Time is of the Essence.. .................................................................................................38

13.11. Other Necessary Acts. ...................................................................................................38

13.12. Authority........................................................................................................................38

13.13. Entire Agreement...........................................................................................................39

13.14. Estoppel Certificate.. .....................................................................................................39

13.15. Recordation of Termination or Expiration.. ..................................................................39

13.16. City Approvals and Actions...........................................................................................39

13.17. Reimbursement of Development Agreement Costs and Fees. ......................................39

13.18. Negation of Partnership.. ...............................................................................................40

13.19. No Third Party Beneficiaries. s. ....................................................................................40

13.20. Governing State Law; Venue.........................................................................................40

13.21. Exhibits. .........................................................................................................................40

LIST OF EXHIBITS
Exhibit A: Property Legal Description
Exhibit B: Depiction of the Property
Exhibit C: Reserved
Exhibit D: Existing Impact Fees
Exhibit E: Form of Assignment and Assumption Agreement
Exhibit F: Affordable Housing Plan
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DEVELOPMENT AGREEMENT
This Development Agreement (this “Agreement”) is dated for reference purposes as of , 2022, by and between the City of San Bruno, a general law city and California municipal corporation (“City”) and New Shidai Development LLC, a California limited liability corporation (“Developer”). Developer and City are referred to individually in this Agreement as a “Party” and collectively as the “Parties.”

RECITALS
This Agreement is entered into on the basis of the following facts, understandings and intentions of the Parties. The following recitals are a substantive part of this Agreement; capitalized terms used herein and not otherwise defined are defined in Article 1 of this Agreement.

A. In order to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs and risks of development, the Legislature of the State of California enacted section 65864 et seq. of the Government Code (the “Development Agreement Statute”) which authorizes a city and a developer having a legal or equitable interest in real property to enter into a binding, long-term development agreement establishing certain development rights in the property.

B. In accordance with the Development Agreement Statute, the City Council of the City of San Bruno adopted Resolution No. 1986-77 (the “City Development Agreement Regulations”), which authorizes the execution of development agreements and specifies additional procedures and requirements supplementing the Development Agreement Statute. The provisions of the Development Agreement Statute and the City Development Agreement Regulations are collectively referred to herein as the “Development Agreement Law.” C. Developer is the owner of that certain real property on the corner of San Bruno Avenue and Glenview Drive in Exhibit A and depicted in Exhibit B (the “Property”). The Property measures approximately 3.28 acres in size, consisting of three parcels that will be merged into one parcel.

D. Developer proposes to develop a residential project on the Property consisting of 29 single family homes with attached garages ranging in size from 1,700 to 2,600 square feet in size, with outdoor recreational open space and landscaping common amenities, as described in the Existing Approvals (the “Project”). Developer submitted applications for the following City approvals for the Project on December 2, 2017 (together, the “Applications”): (1) General Plan Amendment to change a portion of the site from low density residential to medium density residential (the “General Plan Amendment”); (2) rezoning the entire site from R-1/P-D to P-D (the “P-D Rezoning”); a Planned Development Permit (PDP______) (the “PD Permit”); (3) a vesting tentative tract subdivision map to merge the existing three lots into one and to create 29 new single-family residential lots (TM_______) (the “Vesting Tentative Map”); (4) architectural review (AR____) (the “Architectural Review Permit”); (5) a Development DocuSign Envelope ID: 3CDABFFF-97BE-4E2F-B6E0-5966DA2CECC9 184 of 478
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Agreement (DA_____); (6) an affordable housing plan pursuant to Municipal Code Section

12.230.070 (the “Affordable Housing Plan”); and (7) a request for CEQA clearance for the Project. The Applications were determined or deemed complete pursuant to State law and the San Bruno Municipal Code (“Complete Application”) as of March 26, 2021 (the “Complete Application Date”).

E. City prepared a mitigated negative declaration, pursuant to the California Environmental Quality Act (Public Resources Code section 21000 et seq.) (“CEQA”) and the State CEQA Guidelines (California Code of Regulations section 15000 et seq.) (the “CEQA Guidelines”) (“Mitigated Negative Declaration”).

F. After a duly noticed public hearing, on , 2022, the Planning Commission of City recommended that the City Council of City approve the Mitigated Negative Declaration and the Applications.

G. Prior to or concurrently with approval of this Agreement, City has taken the following actions to review and plan for the future development of the Property and the Project (collectively, and together with this Agreement, the “Existing Approvals”):

1. Findings to approve, and approval of, the Mitigated Negative Declaration by Resolution No. ___, adopted by the City Council on ___, 2022.

2. Determination that the Existing Approvals may rely on the Mitigated Negative Declaration without additional CEQA review pursuant to Section 15162 of the CEQA Guidelines, by Resolution No. adopted by the City Council on , 2022 (the “Project CEQA Approval”).

3. Approval of General Plan amendment by Resolution No. ___, adopted by the City Council on ___, 2022;

4. Approval of the P-D Rezoning by Ordinance No.
, introduced by the City Council on
, 2021 and adopted on , 2022.

5. Approval of the PD Permit by Resolution No.
adopted by the City Council on
, 2022;

6. Approval of the Vesting Tentative Map by Resolution No. adopted by the City Council on
_______, 2022; and

7. Approval of the Architectural Review Permit by Resolution No. adopted by the City Council on , 2022.

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8. Approval of the Affordable Housing Plan by Resolution No. adopted by the City Council on , 2022.

H. It is the intent of City and Developer to establish certain conditions and requirements related to review, approval, development and operation of the Project, which are or will be the subject of this Agreement.

I. City specifically finds, as required by the Development Agreement Law and as reflected in the Enacting Ordinance (as defined in Recital O), that approving this Agreement for the Project will promote orderly growth and quality development in accordance with the goals and policies set forth in the General Plan; is compatible with the uses authorized in, and the regulations prescribed for, the district in which the Property is located; will promote the public convenience, general welfare, and good land use practice; will promote development which is not detrimental to the health, safety and general welfare; will not adversely affect the orderly development of property or the preservation of property value; and will promote and encourage development of the Project by providing a greater degree of requisite certainty. City also finds that the Project will provide substantial public benefits as described in this Agreement.

J. In exchange for the benefits received in this Agreement, Developer wishes to provide the City with a contribution in the amount of $400,000.00. City may, but is not obligated to, use such contribution for construction of a four way traffic signal at the intersection of San Bruno Avenue and Glenview Terrace, acquisition or development of recreational facilities, or other uses as determined by the City in its sole discretion(the “Public Benefit Payment”).

K. City and Developer have reached mutual agreement and desire to voluntarily enter into this Agreement to facilitate development and operation of the Project subject to the conditions and requirements set forth herein.

L. City has given the required notice of its intention to adopt this Agreement and has conducted public hearings thereon pursuant to Government Code section 65867 and the City Development Agreement Regulations. City has reviewed and evaluated this Agreement in accordance with the Development Agreement Law and has determined that the provisions of this Agreement and its purposes are consistent with the Development Agreement Law and the goals, policies, standards and land use designations specified in the General Plan.

M. Following a duly noticed public hearing, on _____, 2022 the City Council introduced Ordinance No. approving this Agreement and authorizing its execution, including approval of Developer providing on-site for-sale affordable units pursuant to Municipal Code Chapter 12.230, and the City Council adopted that Ordinance on , 2021 (the “Enacting Ordinance”).

AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and promises DocuSign Envelope ID: 3CDABFFF-97BE-4E2F-B6E0-5966DA2CECC9 186 of 478
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contained herein and other valuable consideration, the Parties hereby agree as follows:

The Parties agree and acknowledge that the above recitals are true and accurate and are incorporated into this Agreement by this reference.

ARTICLE 1. DEFINITIONS

1.1. Definitions.
“Administrative Project Amendment” is defined in Section 8.2.1. “Affiliated Party” is defined in Section 10.1.2.
“Affordable Housing Agreement” is defined in Section 5.1.2.4. “Affordable Housing Plan” is defined in Section 5.1.1 and Exhibit F. “Affordable Housing Program” is defined in Section 5.1. “Affordable Units” is defined in Section 5.1.1.
“Agreement” or “Development Agreement” means this Development Agreement between City and Developer, including all Exhibits hereto. “Agreement Amendment” is defined in Section 8.3.2.
“Applicable City Regulations” means the ordinances, resolutions, orders, rules, official policies, standards, specifications, guidelines or other regulations of City that are applicable to the Property and the Project and in effect on the Effective Date. “Applicable Law” means the Applicable City Regulations and all State and Federal laws and regulations applicable to the Property and the Project as such State and Federal laws and regulations may be enacted, adopted and amended from time to time, as more particularly described in Section 3.8.
“Applications” is defined in Recital D.
“Architectural Review Permit” is defined in Recital D.
“Assignee” is defined in Section 10.1.1.
“Assignment” is defined in Section 10.1.3.

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“Assignment and Assumption Agreement” is defined in Section 10.1.3 and Exhibit E.
“Business Day” means a day that is not a Saturday, Sunday, federal holiday or state holiday under the laws of the State of California. “CEQA” means the California Environmental Quality Act, California Public Resources Code section 21000, et seq., as amended from time to time. “CEQA Guidelines” means the State CEQA Guidelines (California Code of Regulations, Title 14, section 15000, et seq.), as amended from time to time. “Certificate” is defined in Section 6.1.4.
“Changes in the Law” is defined in Section 3.8.
“Chief Building Official” means the Chief Building Official of the City of San Bruno or his or her designee.
“City” means the City of San Bruno.
“City Council” means the City Council of the City of San Bruno. “City Development Agreement Regulations” is defined in Recital B. “City Manager” means the City Manager of the City of San Bruno or his or her designee.
“City Parties” means and includes City and its elected and appointed officials, officers, employees, contractors and representatives.
“Claims” means liabilities, obligations, orders, claims, damages, fines, penalties and expenses, including reasonable attorneys’ fees and costs. “Complete Application” is defined in Recital D.
“Complete Application Date” is defined in Recital D.
“Connection Fees” means those fees charged by City on a citywide basis or by a utility provider to utility users as a cost for connecting water, sanitary sewer, and other applicable utilities, except for any such fee or portion thereof that constitutes an Impact Fee. “Consumer Price Index” or “CPI” shall mean the San Francisco-Oakland-San Jose Consumer Price Index, All Items (1982-84=100) for All Urban Consumers (CPI-U), published by the Bureau of Labor Statistics for the U.S. Department of Labor Consumer Price DocuSign Envelope ID: 3CDABFFF-97BE-4E2F-B6E0-5966DA2CECC9 188 of 478
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Index for the San Francisco Bay Area, or if such index is no longer available by a comparable index as reasonably selected by City.
“Default” is defined in Section 12.1.
“Developer” means New Shidai Development LLC, a California limited liability corporation and its permitted successors, assigns and Affiliated Parties (as defined in Section

10.1.2).
“Development Agreement” or “Agreement” means this Development Agreement between City and Developer, including all Exhibits hereto. “Development Agreement Law” is defined in Recital B.
“Development Agreement Statute” is defined in Recital A. “Development Project” means a development project as defined by section 65928 of the California Government Code. Notwithstanding section 65928 of the California Government Code, Development Project shall also include all ministerial approvals required to carry out, construct, reconstruct, and occupy such a development project. “Director” means the Director of Community and Economic Development of the City of San Bruno, or his or her designee.
“Effective Date” is defined in Section 2.1.
“Enacting Ordinance” is defined in Recital M.
“Exactions” means exactions that may be imposed by the City as a condition of developing the Project, including requirements for acquisition, dedication or reservation of land; and obligations to construct on-site or off-site public and private infrastructure improvements such as roadways, utilities or other improvements necessary to support the Project, whether such exactions constitute subdivision improvements, mitigation measures in connection with environmental review of the Project, or impositions made under Applicable City Regulations.

For purposes of this Agreement, Exactions do not include Impact Fees. “Existing Approvals” means and includes those permits and approvals for the Project granted by City to Developer as of the Effective Date as set forth in Recital G, plus this Agreement.
“Existing Impact Fees” is defined in Section 4.1.
“General Plan” means City’s General Plan, as amended through the Effective Date.

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“Horizontal Permit” means a City-issued permit for grading, utility installation or similar horizontal site preparation work, but not a Vertical Permit. “Impact Fees” means the monetary amount charged by City in connection with a Development Project for the purpose of defraying all or a portion of the cost of mitigating the impacts of the Development Project or development of the public facilities related to the Development Project, including, any “fee” as that term is defined by Government Code section 66000(b). For purposes of this Agreement, a fee that meets both the definitions of an Impact Fee and an Exaction will be considered to be an Impact Fee. Impact Fees do not include Other Agency Fees.
“Litigation Challenge” is defined in Section 9.3.
“Major Project Amendment” is defined in Section 8.2.2.
“Material Condemnation” is defined in Section 13.1.
“Mortgage” means any mortgage, deed of trust, security agreement, and other like security instrument encumbering all or any portion of the Property or any of the Developer’s rights under this Agreement.
“Mortgagee” means the holder of any Mortgage, and any successor, assignee or transferee of any such Mortgage holder.
“Municipal Code” means and refers to the City of San Bruno’s Municipal Code, as amended from time to time.
“New City Laws” means any ordinances, resolutions, orders, rules, official policies, standards, specifications, guidelines or other regulations, which are promulgated or adopted by the City (including but not limited to any City agency, body, department, officer, or employee) or its electorate (through their power of initiative or otherwise) after the Effective Date.
“Notice of Breach” is defined in Section 12.1.
“Operating Memorandum” is defined in Section 8.3.1.
“Other Agency Fees” is defined in Section 4.3.
“Other Agency Subsequent Approvals” means approvals, entitlements and permits required for development or use of the Project to be obtained from governmental or quasi- governmental entities other than the City.
“Party” and “Parties” shall mean City and/or Developer. “P-D Rezoning” is defined in Recital D.

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“PD Permit” is defined in Recital D.
“Permitted Delay” is defined in Section 13.4.
“Planning Commission” means the City of San Bruno Planning Commission. “Prevailing Wage Laws” is defined in Section 9.2.
“Processing Fees” means all fees for processing Development Project applications, including any required supplemental or other further environmental review, plan checking and inspection and monitoring for land use approvals, design review, grading and building permits, and other permits and entitlements required to implement the Project, which are in effect at the time those permits, approvals or entitlements are applied for, and which are intended to cover the actual costs of processing the foregoing. “Project” is defined in Recital D.
“Project Approvals” means the Existing Approvals and all Subsequent Approvals as and when approved.
“Project CEQA Approval” is defined in Recital G.
“Project CEQA Documentation” is defined in Recital E.
“Property” is defined in Recital C.
“Public Benefit Payment” is defined in Recital J.
“Subsequent Approvals” is defined in Section 7.1.
“Term” is defined in Section 2.2.
“Title Encumbrances” is defined in Section 5.1.2. 5.
“Transfer” is defined in Section 10.1.1.
“Vertical Permit” means a City-issued building permit or other permit to construct vertical structural improvements on the Property, which by way of illustration but not limitation may include foundation-only permits, building shell and core construction permits, or a combination of the two, but not including Horizontal Permits. “Vested Elements” is defined in Section 3.1.
“Vesting Tentative Map” is defined in Recital D.

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ARTICLE 2. EFFECTIVE DATE AND TERM; PUBLIC BENEFIT

2.1. Effective Date. The “Effective Date” of this Agreement shall be the later of (a) the date that is thirty (30) days after the date the Enacting Ordinance is adopted, or (b) the date this Agreement is fully executed by the Parties. The Parties acknowledge that Section 65868.5 of the Development Agreement Statute requires this Agreement to be recorded in the Official Records of the San Mateo County Recorder’s Office no later than ten (10) days after the City enters into this Agreement, and that the burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all permitted successors in interest to the Parties to this Agreement. The City Clerk shall cause such recordation.

2.2. Term of Agreement. The “Term” of this Agreement shall be for four (4) years, commencing on the Effective Date.

2.3. Public Benefit Payment.

2.3.1. Public Benefits Obligations. In consideration of the rights and benefits conferred by City to Developer under this Agreement, and as a material inducement to City to enter into this Agreement, Developer has offered and agreed to perform the public benefit obligations and pay to City the amounts set forth in this Article 2 all within the times set forth herein.

2.4. Public Benefit Payment Schedule.

2.4.1. Upon issuance of the first building permit, Developer shall pay Two Hundred Thousand Dollars ($200,000) to the City, followed by the remaining Two Hundred Thousand Dollars ($200,000) upon issuance of the building permit for the tenth home. The Public Benefit Payment will be deposited into the City’s General Fund. City may, but is not obligated to, use the Public Benefit Payment for a four-way traffic signal at the intersection of San Bruno Avenue and Glenview Terrace, acquisition or development of recreational facilities, or other uses as determined by the City in its sole discretion. The Public Benefit Payment shall not be used for City maintenance activities, salaries, pensions, or other benefits paid or provided to City employees.

2.4.2. If the Public Benefit Payment is not paid in full as and when required under this Agreement, this Agreement may be terminated by City in its sole discretion by written notice to Developer, subject to the notice and cure provisions set forth in Article 12. In the event Developer elects at any point in time not to proceed with development of the Project, Developer shall have the right to terminate this Agreement by delivering written notice of termination to City, and upon such termination Developer shall have no further obligation to pay the Public Benefit Payment pursuant to the terms of this Agreement.

2.4.3. CPI Adjustment. The Public Benefit Payment is not subject to CPI Adjustment.

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2.5. City Representations and Warranties. City represents and warrants to Developer that, as of the Effective Date:

2.5.1. City is a municipal corporation, and has all necessary powers under the laws of the State of California to enter into and perform the undertakings and obligations of City under this Agreement.

2.5.2. The execution and delivery of this Agreement and the performance of the obligations of the City hereunder have been duly authorized by all necessary City Council action and all necessary City approvals have been obtained.

2.5.3. This Agreement is a valid obligation of City and is enforceable in accordance with its terms.

During the Term of this Agreement, City shall, upon learning of any fact or condition which would cause of any of the warranties and representations in this Section

2.5 not to be true, immediately give written notice of such fact or condition to Developer.

2.6. Developer Representations and Warranties. Developer represents and warrants to City that, as of the Effective Date:

2.6.1. Developer is duly organized or incorporated and validly existing under the laws of the State of California, and is in good standing and has all necessary powers under the laws of the State of California to own property interests and in all other respects enter into and perform the undertakings and obligations of Developer under this Agreement.

2.6.2. The execution and delivery of this Agreement and the performance of the obligations of Developer hereunder have been duly authorized by all necessary corporate action and all necessary corporate authorizations have been obtained.

2.6.3. This Agreement is a valid obligation of Developer and is enforceable in accordance with its terms.

2.6.4. The execution, delivery, and performance of this Agreement by Developer does not and will not materially conflict with, or constitute a material violation or material breach of, or constitute a default under (a) the corporation formation agreements of Developer; (b) any law, rule, or regulation binding upon or applicable to the Developer; or (c) any material agreements to which Developer is a party.

2.6.5. Developer has not (a) made a general assignment for the benefit of creditors; (b) filed any voluntary petition in bankruptcy or suffered the filing of any involuntary petition by Developer’s creditors; (c) suffered the appointment of a receiver to take possession of all, or substantially all, of Developer’s assets; (d) suffered the attachment or other judicial seizure of all, or substantially all, of Developer’s assets; or (e) admitted in writing its inability to pay its debts as they come due.

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2.6.6. Unless otherwise disclosed in writing to the City prior to the date of Council adoption of this Agreement and except for threats of litigation expressed in public hearings relating to the Project Approvals, to Developers’ actual knowledge, there is no existing litigation, suit, action, or proceeding before any court or administrative agency affecting Developer or the Property that would, if adversely determined, materially and adversely affect Developer’s ability to perform its obligations under this Agreement or to develop and operate the Project.

2.6.7. Developer or any person or entity owning or operating the Property has duly obtained and maintained, or will duly obtain and maintain, all licenses, permits, consents, and approvals required by all applicable governmental authorities to develop, sell, lease, own, and operate the Project on the Property.

2.6.8. During the Term of this Agreement, Developer shall, upon learning of any fact or condition which would cause any of the warranties and representations in this Section 2.6 not to be true, immediately give written notice of such fact or condition to City.

ARTICLE 3. DEVELOPMENT OF THE PROPERTY

3.1. Vested Rights. The Property is hereby made subject to the provisions of this Agreement. Developer shall have the vested right to develop the Property and the Project in conformance with the Existing Approvals, the Subsequent Approvals, Applicable Law and this Agreement, as may be amended from time to time pursuant to this Agreement, which shall control the permitted uses of the Property, density and intensity of use of the Property and the maximum height and size of buildings on the Property, the provisions for reservation or dedication of land for public purposes, and the design, improvement, and the conditions, terms, restrictions, and requirements for subsequent discretionary actions, the provisions for public improvements and financing of public improvements, and the other terms and conditions of development applicable to the Property as set forth in Applicable Law, the Project Approvals, and this Agreement (collectively, the “Vested Elements”).

3.2. Life of Approvals. Pursuant to Government Code section 66452.6(a) and this Agreement, the term of any non-legislative Project Approvals, including but not limited to the Vesting Map Approval and any subdivision map approval, shall coincide with and in no event extend beyond the Term of this Agreement notwithstanding any other statute, rule, or authority that purports to set a different term for such Project Approvals, and, unless expressly set forth in this Agreement, any termination under this Agreement shall concurrently effect a termination of the non-legislative Project Approvals with respect to the terminated portion of the Project.

3.3. Permitted Uses. The permitted uses for the Property and the Project are those set forth in the Existing Approvals and as may be set forth in the Subsequent Approvals. Changes to the Project use are subject to the Project Approval and Agreement amendment processes as set forth in Sections 8.2 and 8.3. In the event of a conflict between the Project Approvals and the terms of this Section 3.3, the Project Approvals shall govern.

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3.4. Governing Rules. Except as otherwise explicitly provided in this Agreement, development of the Property shall be subject to (a) the Project Approvals, and (b) the Applicable Law. Notwithstanding the foregoing, the following New City Laws shall apply to the development of the Property as follows:

3.4.1. Except as may be addressed in the Project Approvals and this Agreement, New City Laws that relate to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure imposed at any time, provided such New City Laws are uniformly applied on a City-wide basis to all substantially similar types of Development Projects and properties, and such procedures are not inconsistent with procedures set forth in the Project Approvals or this Agreement;

3.4.2. Other New City Laws that revise City’s uniform construction codes, including City’s building code, plumbing code, mechanical code, electrical code, fire code, grading code and other uniform construction codes, as of the date of permit issuance, provided such New City Laws are uniformly applied on a City-wide basis to all substantially similar types of Development Projects and properties; and provided further, that during the Term of this Agreement the Property and the Project shall not be subject to any New City Law enacted after the Effective Date that would impose new building standards or requirements for improved energy efficiency and sustainability (commonly known as “green” standards) that are in excess of what is mandatory under applicable California Green Building Standards (CALGreen) or other uniformly applicable green building standards enacted by California or the Federal government (commonly known as Registration, Evaluation, Authorization and Restriction of Chemicals, or “REACH” standards).

3.4.3. Other New City Laws that are determined by City to be reasonably required in order to protect residents of the Project, and/or residents of the City, from a condition dangerous to their health or safety, or both;

3.4.4. Other New City Laws that do not conflict with the Vested Elements, this Agreement or the Project Approvals pursuant to Section 3.7, provided such New City Laws are uniformly applied on a City-wide basis to all substantially similar types of Development Projects and properties; and

3.4.5. Other New City Laws that do not apply to the Property and/or the Project due to the limitations set forth above, but only to the extent that such New City Laws are accepted in writing by Developer in its sole discretion.

3.5. Timing of Development.

3.5.1. Pardee and the Intent of the Parties. Developer shall have no obligation to develop or construct the Project or any component of the Project. Without any limitation of the foregoing, since the California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal.3d 465 (1984), that the failure of the parties therein to consider, and expressly provide for, the timing of development resulted in a later-adopted initiative restricting the timing of development to prevail over such parties’ agreement, it is the desire of the Parties to avoid that DocuSign Envelope ID: 3CDABFFF-97BE-4E2F-B6E0-5966DA2CECC9 195 of 478
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result. Therefore, notwithstanding the adoption of any initiative after the Effective Date by City’s electorate to the contrary, the Parties acknowledge that, except as otherwise provided for in this Agreement, Developer shall have the vested right during the Term to develop the Project at such time as Developer deems appropriate in the exercise of its sole and subjective business judgment, subject to the terms of this Agreement.

3.5.2. Moratorium. No City-imposed moratorium or other limitation (whether relating to the rate, timing, phasing, sequencing, height or density of the development or construction of all or any part of the Property, whether imposed by ordinance, initiative, resolution, policy, order or otherwise, and whether enacted by the City Council, an agency of City, the electorate, or otherwise) affecting parcel or subdivision maps (whether tentative, vesting tentative or final), building permits, occupancy certificates or other entitlements to use or service (including, without limitation, water and sewer) approved, issued or granted within City, or portions of City, shall apply to the Property to the extent such moratorium or other limitation is in conflict with this Agreement; provided, however, the provisions of this Section shall not affect City’s compliance with moratoria or other limitations mandated by other governmental agencies or court-imposed moratoria or other limitations.

3.5.3. No Other Requirements. Nothing in this Agreement is intended to create any affirmative development obligations to develop the Project at all, or in any particular order or manner except as such order or manner may be specified in this Agreement if the Project is developed, or liability in Developer under this Agreement if the development fails to occur.

3.6. Compliance with Laws. Developer, at its sole cost and expense, shall comply with the requirements of, and obtain all permits and approvals required by local, State and Federal agencies having jurisdiction over the Property or Project. Furthermore, Developer shall carry out the Project work in conformity with all Applicable Law, including applicable state labor laws and standards; Applicable City Regulations; and all applicable disabled and handicapped access requirements, including the Americans With Disabilities Act, 42 U.S.C. section 12101, et seq., Government Code section 4450, et seq., Government Code section 11135, et seq., and the Unruh Civil Rights Act, Civil Code section 51, et seq.

3.7. No Conflicting Enactments. Except as otherwise provided in this Agreement, for the Term of this Agreement City shall not impose on the Project (whether by action of the City Council or by initiative, referendum or other means, including development moratorium or additional Project conditions on Subsequent Approvals) any New City Law that is in conflict with this Agreement or the Existing Approvals or, once approved, the Subsequent Approvals.

Without limiting the generality of the foregoing, for the purposes of this Article 3, “conflict” means any New City Law that would (a) apply to the Property any change in land use designation or permitted use, density or intensity of development of the Property; (b) apply to the Property any change in off-site infrastructure or utility requirements or limit or control the availability of or ability to obtain public utilities, services, infrastructure, or facilities for the Project (provided, however, nothing herein shall be deemed to exempt the Project or the Property from any water use rationing requirements that may be imposed from time to time in the future and nothing herein shall be deemed a commitment to reserve potable water or sanitary sewer capacity which the Parties acknowledge City does not control); (c) modify or control building DocuSign Envelope ID: 3CDABFFF-97BE-4E2F-B6E0-5966DA2CECC9 196 of 478
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setbacks, square footages or heights; the location of buildings and structures; parking requirements; or grading in a manner that is inconsistent with or more restrictive than the terms included in the Existing Approvals or this Agreement; or (d) limit or control the rate, timing, phasing or sequencing of the approval, development or construction of all or any part of the Project. Developer reserves the right to challenge in court any New City Law that would conflict with the Vested Elements or this Agreement or reduce the development rights provided by this Agreement.

3.8. Changes in the Law. As provided in Section 65869.5 of the Development Agreement Statute, this Agreement shall not preclude the applicability to the Project of changes in laws, regulations, plans or policies, to the extent that such changes are specifically mandated and required by changes in State or Federal laws or regulations or by changes in laws, regulations, plans or policies of special districts or other governmental entities, other than the City, created or operating pursuant to the laws of the State of California (“Changes in the Law”). In the event Changes in the Law prevent or preclude compliance with one or more provisions of this Agreement, the Parties shall meet and confer in good faith in order to determine whether such provisions of this Agreement shall be modified or suspended, or performance thereof delayed, as may be necessary to comply with Changes in the Law. Nothing in this Agreement shall preclude Developer from contesting by any available means (including administrative or judicial proceedings) the applicability to the Project of any such Changes in the Law. In the event that a Change in the Law operates to frustrate irremediably and materially the vesting of development rights to the Project as set forth in this Agreement, Developer may terminate this Agreement; provided, to the extent that such frustration affects only a portion of the Project but other portions are developed, this Agreement shall remain in effect as to such built portion.

3.9. Initiatives and Referenda. If any New City Law is enacted or imposed by initiative or referendum, or by the City Council directly or indirectly in connection with any proposed initiative or referendum, which New City Law would conflict with the Vested Elements or this Agreement or reduce the development rights provided by this Agreement and the Project Approvals, such New City Law shall not apply to the Project. City, except to submit to vote of the electorate initiatives and referendums required by Applicable Law to be placed on a ballot, shall not adopt or enact any New City Law, or take any other action which would violate the express provisions of this Agreement or the Project Approvals. Developer reserves the right to challenge in court any New City Law that would conflict with this Agreement or the Project Approvals or reduce the vested development rights provided by this Agreement.

Notwithstanding the foregoing, the Parties acknowledge that City’s approval of this Agreement is a legislative action subject to referendum. Developer further acknowledges and agrees that City does not have authority or jurisdiction over any other public agency’s ability to grant governmental approvals or permits or to impose a moratorium or other limitation that may affect the Project.

3.10. Regulation by Other Public Agencies. Developer acknowledges that other public agencies not within the control of City possess authority to regulate aspects of the development of the Property separately from or jointly with City, and this Agreement does not limit the authority of such other public agencies. Developer will, at the time required in accordance with Developer’s project and construction schedule, apply for all such other permits and approvals as DocuSign Envelope ID: 3CDABFFF-97BE-4E2F-B6E0-5966DA2CECC9 197 of 478
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may be required by other governmental or quasi-governmental entities in connection with the development of, or the provision of services to, the Project. Developer acknowledges that City does not control the amount of any fees imposed by such other agencies. In the event that such fees are imposed upon Developer and are in excess of those allowed by Applicable Law and Developer wishes to object to such fees, Developer may pay such fees under protest. City agrees not to delay issuance of permits or other Subsequent Approvals and entitlements under these circumstances, provided Developer provides City with proof of payment of such fees.

3.11. No Reservation of Sanitary Sewer or Potable Water Capacity. City has found the Project to be consistent with the General Plan which anticipates that there will be sufficient potable water and sanitary sewer capacity to serve future development contemplated by the General Plan, including the Project, through the Term. However, nothing in this Agreement is intended to provide any reservation of potable water or sanitary sewer capacity.

ARTICLE 4. FEES

4.1. Impact Fees.

4.1.1. Except as otherwise expressly provided herein, during the Term City shall have the right to impose and Developer shall be obligated to pay, only such Impact Fees as City has adopted as of the Effective Date and that are set forth in the Existing Approvals and this Agreement (“Existing Impact Fees”). For convenience of reference, the Existing Impact Fees are identified in Exhibit D. Any Existing Impact Fees that are in existence as of the Effective Date but are inadvertently omitted from Exhibit D will still be charged. In the event of such inadvertent omission, the Parties shall revise Exhibit D to correct such error.

4.1.2. Payment of the Existing Impact Fees shall be at the rates, times and terms in effect as of the Effective Date, subject to adjustment as specified in Exhibit D or Applicable City Regulations, or if no such adjustment is specified in Exhibit D or Applicable City Regulations then annually beginning on the first anniversary of the Effective Date to recognize any increase or decrease in the Consumer Price Index from the previous year between the Effective Date and the date of payment. To the extent that City revises any Existing Impact Fee amount, rate, or formula in a way that would result in Developer paying a lower Existing Impact Fee than specified in Exhibit D when payment is due under this Agreement, Developer shall pay the lower Existing Impact Fee.

4.1.3. Developer shall receive the benefit of any fee credits that are in effect as of the Effective Date and the amount of Existing Impact Fees that are payable by Developer hereunder shall be reduced by the amount of such credits. Developer shall receive full credit for all existing uses of the Property.

4.2. Processing Fees. Subject to Developer’s right to protest and/or pursue a challenge in law or equity to any new or increased Processing Fee, City may charge and Developer is obligated to pay all Processing Fees for processing applications for Subsequent Approvals, at the rates which are in effect on a City-wide basis at the time those permits, approvals, entitlements, reviews or inspections are applied for, requested or required. Without limiting the above, by entering into this Agreement Developer accepts and shall not protest or challenge imposition of DocuSign Envelope ID: 3CDABFFF-97BE-4E2F-B6E0-5966DA2CECC9 198 of 478
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the types and amounts of Processing Fees in effect as of the Effective Date.

4.3. Other Agency Fees. Nothing in this Agreement shall preclude City from collecting fees from Developer that are lawfully imposed on the Project by another agency having jurisdiction over the Project, which the City is required to collect on behalf of such other agencies (“Other Agency Fees”).

4.4. Taxes and Assessments. As of the Effective Date, assessments are in effect and applicable to the Property or the Project as shown on the latest property tax bill for the Property.

City is not aware of any pending efforts to initiate or consider new or increased assessments that would apply to the Property or the Project. City may impose and Developer agrees to pay any and all existing, new, modified or increased taxes and assessments, other than Impact Fees, imposed on the Property or the Project in accordance with the laws in effect as of the date due, at the rate in effect at the time of payment. Nothing herein shall be construed so as to limit Developer from exercising whatever rights it may otherwise have in connection with protesting or otherwise objecting to the imposition of taxes or assessments on the Property. In the event an assessment district is lawfully formed to provide funding for services, improvements, maintenance, or facilities which are substantially the same as those services, improvements, maintenance or facilities being funded by the fees or assessments to be paid by Developer under the Project Approvals or this Agreement, then at City’s election, taking into consideration City’s expectations as to when it would receive Developer’s payment of such fees or assessments, either (a) the fees or assessments to be paid by Developer shall be subject to reduction/credit in an amount equal to Developer’s new or increased assessment under the assessment district, or (b) the new assessment district shall reduce/credit Developer’s new assessment in an amount equal to such fees or assessments to be paid by Developer under the Project Approvals or this Agreement.

4.5. Connection Fees. Subject to Developer’s right to protest and/or pursue a challenge in law or equity to any new or increased Connection Fee, City may charge and Developer shall pay any Connection Fee that is lawfully adopted.

ARTICLE 5. AFFORDABLE HOUSING

5.1. Affordable Housing. The Project is a “for sale project” for purposes of the Affordable Housing Program because the residential units may be sold individually in conformance with the Subdivision Map Act. Developer acknowledges that Chapter 12.230 of the Municipal Code (the “Affordable Housing Program”) requires for sale residential projects to provide on-site for sale affordable housing units, unless the developer proposes and the City Council approves an alternative. Developer has proposed to provide on-site for sale affordable units.

5.1.1. Developer shall make fifteen percent (15%) of the residential units in the Project available for sale at below-market rates to qualifying purchasers, as further specified below (the “Affordable Units”). The Affordable Units and their availability shall be governed by the terms and conditions described in Exhibit F (the “Affordable Housing Plan”). The Parties agree that the terms and conditions specified in Exhibit F satisfy the requirements for an DocuSign Envelope ID: 3CDABFFF-97BE-4E2F-B6E0-5966DA2CECC9 199 of 478
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affordable housing plan pursuant to Municipal Code Section 12.230.070.

5.1.2. The Affordable Housing Plan may be refined, modified, or amended pursuant to the process for Administrative Project Amendments and Major Project Amendments, as applicable, set forth in Section 8.2. Notwithstanding the foregoing or any provision of this Agreement to the contrary, during the Term, provisions of the Affordable Housing Plan set forth in Exhibit F may only be refined, modified, or amended pursuant to the process for Operating Memorandum and Agreement Amendments, as applicable, set forth in Section 8.3:

5.1.2.1. Developer is obligated to construct 4.35 Affordable Units.

Developer shall construct four (4) for-sale Affordable Units in the Project. One of the Affordable Units shall be sold at prices affordable for low income households (as defined in San Bruno Municipal Code section 12.230.020.R), and three of the Affordable Units shall be sold at prices affordable for moderate income households (as defined in San Bruno Municipal Code section 12.230.020.U);

5.1.2.2. With respect to the for-sale Affordable Units, the affordability restrictions set forth in the Affordable Housing Plan shall have a term of 45 years commencing upon the date that a certificate of occupancy is issued for the Affordable Units and upon the date of each resale;

5.1.2.3. In accordance with Municipal Code Section 12.230.040, Developer shall pay an impact fee equal to the decimal fraction zero point three five (0.35) multiplied by the applicable residential impact fee.

5.1.2.4. As a condition to issuance of the Building Permit, or recordation of a final or parcel map, a regulatory agreement shall be prepared in the reasonable good faith discretion of City to implement and enforce the terms of the Affordable Housing Plan (“Affordable Housing Agreement”) and recorded against the Property. The Affordable Housing Agreement will be released from the Property once all the Affordable Housing Units have been sold. Upon the sale of an Affordable Housing Unit, a deed restriction, in a form of a resale restriction agreement acceptable to the City, will be placed on the Affordable Housing Unit, ensuring the continued affordability of the unit.

5.1.2.5. Title Encumbrance Subordination. By recording this Agreement and the Affordable Housing Agreement against title to the Property, the terms of Section 5.1.1 and the affordability restrictions set forth in the Affordable Housing Plan (the “Affordability Restrictions”) shall have priority over and shall not be subordinated to any lease, mortgage, deed of trust, security agreement or other lien that may be placed on title to the Property (collectively, “Title Encumbrances”) and no such Title Encumbrance shall have priority over the Affordability Restrictions or any right to terminate, circumvent or otherwise obstruct or interfere with implementation of the Affordability Restrictions. With respect to any Title Encumbrances recorded prior to the recordation of this Agreement, any mortgagee or other holder of the Title Encumbrance shall execute and record a subordination agreement, in a form reasonably acceptable to the City, providing that such Title Encumbrance shall be subordinate to the Affordability Restrictions (“Title Encumbrance Subordination”)..

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5.1.2.6. Developer shall undertake all actions necessary to implement and enforce this provision and maintain priority of the Affordability Restrictions.

Before issuance of any Horizontal Permit or Vertical Permit, if requested by City Developer shall provide an updated title report and recorded documents as necessary to confirm that any Title Encumbrances include a recorded Title Encumbrance Subordination.

5.1.2.7. Costa-Hawkins Act Waiver. In the event that any future amendment to the Costa-Hawkins Act (Civil Code section 1954.50 et seq.) or other future State law prohibits City from requiring on-site inclusionary housing, Developer, on behalf of itself and all of its successors and assigns, agrees not to challenge, and expressly waives, now and forever, any and all rights to challenge under the Costa-Hawkins Act or such other future State law, as the same may be amended or supplanted from time to time, Developer’s obligations set forth in this Agreement and the Affordable Housing Agreement(s) related to the Affordable Units.

5.1.2.8. Developer’s obligations under this Section 5.1.2 shall survive expiration or earlier termination of this Agreement.

5.1.3. Site Fencing; Site Maintenance.

5.1.3.1. Developer may install six- (6) foot tall chain link fencing with green vinyl coated slats around the perimeter of portions of the Property for up to two (2) years after buildings are vacated or demolition and site preparation begins (subject to an extension of up to twelve (12) months at the discretion of the Director as to any portion of the Property for which a Complete Application has been submitted for a Vertical Permit). After such time period (as it may be extended), Developer shall remove the chain link fencing and install fencing in accordance with the approved plans. All fences shall have at least one (1) locking gate to allow for maintenance and emergency access.

5.1.3.2. After demolition of buildings and other improvements, the Property will be graded to leave a smooth and uniform appearance, without any rubble or materials from prior demolition visible from outside the Property. If necessary for storm water runoff or erosion control, City may require that the entire site be planted and maintained with a drought-tolerant ground cover that will fully cover all exposed soil within six months of planting, or covered to a minimum depth of two (2) inches with crushed rock. Vacant lots must be maintained free of litter, weeds, graffiti, debris, storage units, and the stockpiling of any material at all times. Developer or its designee must inspect the Property at reasonable intervals and take other steps to reasonably ensure that no litter, weeds, graffiti, debris, storage units, or materials are stockpiled, collect, or are maintained. Any dead or dying vegetation, as well as any broken or malfunctioning irrigation components must be replaced within seven (7) days of discovery or notification by City.

5.2. Sales Tax Point of Sale Designation.

5.2.1. Developer shall use good faith, diligent efforts to the extent allowed by law to require all persons and entities providing materials to be used in connection with the DocuSign Envelope ID: 3CDABFFF-97BE-4E2F-B6E0-5966DA2CECC9 201 of 478
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construction and development of, or incorporated into, the Project, including by way of illustration but not limitation bulk lumber, concrete, structural steel, roof trusses and other prefabricated building components, to (a) obtain a use tax direct payment permit; (b) elect to obtain a subcontractor permit for the job site of a contract valued at Five Million Dollars ($5,000,000) or more; or (c) otherwise designate the Property as the place of use of material used in the construction of the Project in order to have the local portion of the sales and use tax distributed directly to City instead of through the county-wide pool. Developer shall instruct its general contractor(s) for the Project to, and shall cause such general contractor(s) to instruct its/their subcontractors to, cooperate with City to ensure the local sales/use tax derived from construction of the Project is allocated to City to the fullest extent possible. This Section 5.2 shall not apply to tenants who perform their own tenant improvement work.

5.2.2. To assist City in its efforts to ensure that such local sales/use tax is so allocated to City, Developer shall on an annual basis, or as frequently as quarterly upon City’s request, provide City with such information as shall be reasonably requested by City regarding subcontractors working on the Project with contracts in excess of the amount set forth above, including a description of all applicable work and materials and the dollar value of such subcontracts, and, if applicable, evidence of their designation, such as approvals or applications for the direct payment permit, of City as the place of use of such work and materials. City may use such information to contact each subcontractor who may qualify for local allocation of use taxes to City. Notwithstanding the foregoing, the failure of any general contractor(s) or subcontractor(s) to allocate sales and use tax revenues as provided herein or to comply with this Section 5.2 shall not constitute a breach by Developer under this Agreement.

5.2.3. Notwithstanding the foregoing, in the event that compliance with this Section 5.2 would have a material adverse effect on development or construction of the Project, Developer shall not be obligated to comply with the terms of this Section 5.2 and the obligations set forth in this Section 5.2 shall be waived. As used in this Section 5.2, “material adverse effect” means an increase in the Project costs of Fifty Thousand Dollars ($50,000) or more or a delay in the construction schedule of ten (10) days or more.

ARTICLE 6. ANNUAL REVIEW

6.1. Annual Review.

6.1.1. Purpose. As required by California Government Code section 65865.1 and Sections 15-17 of the City Development Agreement Regulations, City shall review this Agreement and all actions taken pursuant to the terms of this Agreement every twelve (12) months to determine good faith compliance with this Agreement. Specifically, City’s annual review shall be conducted for the purposes of determining compliance by Developer with its obligations under this Agreement.

6.1.2. Conduct of Annual Review. The annual review shall be conducted pursuant to the requirements and procedures specified in the City Development Agreement Regulations as they may be amended from time to time. It shall be Developer’s responsibility to provide all materials and information necessary to demonstrate good faith compliance with the DocuSign Envelope ID: 3CDABFFF-97BE-4E2F-B6E0-5966DA2CECC9 202 of 478
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terms and conditions of this Agreement. In the event City determines that Developer is not in good faith compliance with the terms and conditions of this Agreement, City may give the Developer a written Notice of Breach, in which case the provisions of Section 12.1 shall apply.

6.1.3. Failure to Conduct Annual Review. Failure of City to conduct an annual review shall not constitute a waiver by the City of its rights to otherwise enforce the provisions of this Agreement nor shall Developer have or assert any defense to such enforcement by reason of any such failure to conduct an annual review. Failure of City to conduct an annual review pursuant to the terms of this Article 6 shall not constitute or be asserted as a default by Developer.

6.1.4. Certificate of Compliance. If, at the conclusion of the annual review described in Section 6.1.2, Developer is found to be in good faith compliance with the material terms and conditions of this Agreement, City shall, upon request by Developer, issue a Certificate of Compliance (“Certificate”) to Developer stating that after the most recent annual review and based upon the information actually known to an appropriate official of City specified in such Certificate that: (a) this Agreement remains in effect (for the remainder of the Term); (b) Developer has demonstrated good faith compliance with the terms and conditions of this Agreement for the applicable annual review period; and (c) Developer is not in Default of this Agreement, and to City’s knowledge no events exist that with the passage of time or giving of notice or both would be a Default under this Agreement. The Certificate shall be in a recordable form, shall contain information necessary to communicate constructive record notice of the finding of compliance, and shall state the anticipated date of commencement of the next annual review. Developer may record the Certificate at its sole cost and expense without cost or expense to City.

ARTICLE 7. COOPERATION AND IMPLEMENTATION

7.1. Subsequent Approvals. Certain subsequent land use approvals, entitlements, and permits other than the Existing Approvals may be necessary or desirable for implementation of the Project (“Subsequent Approvals”). The Subsequent Approvals may include, without limitation, the following: Amendments of the Existing Approvals, use permits, demolition and grading permits, excavation permits, building permits, design review permits, sign permits, sewer and water connection permits, encroachment permits, certificates of occupancy, lot line adjustments or lot merger, site plans, development plans, landscaping plans, improvement plans, land use plans, building plans and specifications, signage plans, and any amendments to, or repealing of, any of the foregoing. Except as otherwise expressly provided herein, the City shall not impose requirements or conditions upon the development and construction of the Project that are inconsistent with the Existing Approvals, including the terms and conditions of this Agreement, and any Subsequent Approvals as may be obtained from time to time.

7.2. Scope of Review of Subsequent Approvals. City, in approving the Existing Approvals and vesting the Project through this Agreement, is limiting its future discretion with respect to the Project and Subsequent Approvals to determining whether the application for a Subsequent Approval is consistent with and meets the criteria set forth in the Applicable City Regulations, Existing Approvals, and where applicable, other Project Approvals previously DocuSign Envelope ID: 3CDABFFF-97BE-4E2F-B6E0-5966DA2CECC9 203 of 478
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granted. Subject to the foregoing, City reserves discretion to impose appropriate Exactions in connection with issuance of a Subsequent Approval, as necessary to bring the Subsequent Approval into compliance with Applicable Law and Existing Approvals. At such time as any Subsequent Approval applicable to the Property is approved by City, then such Subsequent Approval shall become subject to all the terms and conditions of this Agreement applicable to Project Approvals and shall be automatically vested and treated as a “Project Approval” under this Agreement without the need to amend this Agreement.

7.3. Processing Applications for Subsequent Approvals.

7.3.1. Timely Submittals by Developer. Developer acknowledges that City cannot begin processing applications for Subsequent Approvals until Developer submits complete applications on a timely basis. Developer shall use diligent good faith efforts to (a) provide to City in a timely manner any and all documents, applications, plans, and other information necessary for City to carry out its obligations hereunder; and (b) cause Developer’s planners, engineers, and all other consultants to provide to City in a timely manner all such documents, applications, plans and other materials required under Applicable Law. It is the express intent of Developer and City to cooperate and diligently work to obtain any and all Subsequent Approvals.

7.3.2. Timely Processing by City. Upon submission by Developer of all applicable applications, Processing Fees and any and all other fees and deposits for any pending Subsequent Approval, City shall, to the full extent allowed by Applicable Law, promptly and diligently subject to City ordinances, policies and procedures regarding hiring and contracting, commence and complete all steps necessary to act on Developer’s currently pending Subsequent Approval applications including: (a) providing, at Developer’s expense and subject to Developer’s request and prior approval, reasonable overtime staff assistance, additional staff and/or staff consultants for concurrent, expedited planning and processing of each pending Subsequent Approval application; (b) if legally required, providing notice and holding public hearings; and (c) acting on any such pending Subsequent Approval application. To the greatest extent permitted by the Existing Approvals or Applicable Law, Subsequent Approvals will be processed administratively by City staff. Developer’s obligation to pay for the processing of Subsequent Approvals, including staff time, materials and third-party consultants, shall be based on the City’s actual out-of-pocket costs.

7.3.3. CEQA. In connection with its consideration and approval of Existing Approvals, the City prepared the Checklist that evaluated the environmental effects of the Existing Approvals for the Project, and has applied to the Project mitigation measures adopted as part of the Mitigated Negative Declaration to reduce the environmental effects therefrom. The Parties acknowledge that certain Subsequent Approvals may legally require additional analysis under CEQA. Nothing contained in this Agreement is intended to prevent or limit the City from complying with CEQA. In acting on Subsequent Approvals, City will rely on the Project CEQA Documentation to the fullest extent permissible by CEQA as determined by City in the exercise of its independent judgment. In the event additional environmental review is required for a Subsequent Approval, City shall limit such additional review to the scope of analysis mandated by CEQA and the subject matter of the Subsequent Approval, and shall diligently conduct such DocuSign Envelope ID: 3CDABFFF-97BE-4E2F-B6E0-5966DA2CECC9 204 of 478
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additional review, all as determined by City as the lead agency under CEQA in the exercise of its independent judgment.

7.4. Other Agency Subsequent Approvals. City shall cooperate with Developer at no cost to City, to the extent appropriate and as permitted by Applicable Law, in Developer’s efforts to obtain, as may be required, Other Agency Subsequent Approvals. Developer covenants not to submit applications for Other Agency Subsequent Approvals or material supporting such applications that are inconsistent, as reasonably determined by City, with this Agreement or the Project Approvals, except to the extent that Developer is also therewith requesting modifications to this Agreement or the Project Approvals that would make this Agreement or the Project Approvals consistent with the applications for the Other Agency Subsequent Approvals.

ARTICLE 8. AMENDMENT OF AGREEMENT AND PROJECT

APPROVALS

8.1. Amendment by Written Consent. Except as otherwise expressly provided herein (including Section 6.1 relating to City’s annual review and Section 12.3 relating to termination in the event of a breach), this Agreement may be terminated, modified or amended only by mutual written consent of the Parties hereto or their successors in interest or assignees and in accordance with the provisions of Government Code sections 65967, 65867.5 and 65868.

8.2. Project Approval Amendments. To the extent permitted by Applicable Law, Project Approvals may, from time to time, be amended in the following manner:

8.2.1. Administrative Project Amendments. Upon Developer’s written request for an amendment or modification to the Existing Approvals or Subsequent Approvals, the Director shall determine: (i) whether the requested amendment or modification is minor when considered in light of the Project as a whole; and (ii) whether the requested amendment or modification is consistent with this Agreement and Applicable Law. If the Director finds, in his or her sole discretion, that the proposed amendment or modification is minor, consistent with this Agreement and Applicable Law, and will result in no new significant impacts not addressed and mitigated in the Project CEQA Documentation, the amendment or modification shall be determined to be an “Administrative Project Amendment” and shall not require an amendment to this Agreement. Upon the Director’s approval, any Administrative Project Amendment shall be automatically incorporated into the applicable Project Approvals and this Agreement and shall be automatically vested pursuant to this Agreement without requiring an amendment to this Agreement. Without limiting the foregoing, and by way of example, after City approval of the Existing Approvals, Developer requests for lot line adjustments, minor changes in improvement plans, minor changes in land uses involving minimal acreage, minor alterations in vehicle circulation patterns or vehicle access points, changes in pathway alignments, substitutions of comparable landscaping for any landscaping shown on any final development plan or landscape plan, and variations in the location of structures that do not substantially alter the infrastructure connections or facilities and that do not substantially alter the design concepts of the Project may be treated as Administrative Project Amendments.

8.2.2. Major Project Amendments. Any amendment to the Project Approvals DocuSign Envelope ID: 3CDABFFF-97BE-4E2F-B6E0-5966DA2CECC9 205 of 478
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which is determined not to be an Administrative Project Amendment as set forth in Section 8.2.1 shall be deemed a “Major Project Amendment.” A Major Project Amendment shall be processed in the same manner and require the same approvals as the original Project Approval, including, where so required, giving of notice and a public hearing before the Planning Commission and City Council in accordance with Applicable Law. The Director shall have the authority to determine if an amendment is a Major Project Amendment subject to this Section

8.2.2 or an Administrative Project Amendment subject to Section 8.2.1.

8.3. Amendment of this Agreement. This Agreement may be amended, refined or clarified from time to time, in whole or in part, by mutual written consent of the Parties or their successors in interest, as follows:

8.3.1. Refinement by Operating Memoranda.

8.3.1.1. The Parties acknowledge that the provisions of this Agreement require a close degree of cooperation between City and Developer, and during the course of implementing this Agreement and developing the Project refinements and clarifications of this Agreement become appropriate and desired with respect to the details of performance of City and Developer. If and when, from time to time, during the Term of this Agreement, City and Developer agree that such a refinement is necessary or appropriate, City and Developer shall effectuate such refinement through a memorandum (the “Operating Memorandum”) approved in writing by City and Developer, which, after execution, shall be attached hereto as an addendum and become a part hereof. Any Operating Memorandum may be further refined from time to time as necessary with future approval by City and Developer. No Operating Memorandum shall constitute an amendment to this Agreement requiring public notice or hearing. The City Manager, in consultation with the City Attorney, shall make the determination on behalf of City whether a requested refinement may be effectuated pursuant to this Section 8.3.1 or whether the requested refinement is of such a character to constitute an amendment hereof pursuant to Section 8.3.2 below. The City Manager shall be authorized to execute any Operating Memoranda hereunder on behalf of City.

8.3.1.2. By way of illustration but not limitation of the above criteria for an Operating Memorandum, any refinement of this Agreement which does not substantially affect (a) the Term; (b) permitted uses of the Property; (c) provisions for the reservation or dedication of land; (d) conditions, terms, restrictions or requirements for Subsequent Approvals; (e) increases in the density or intensity of the use of the Property or the maximum height or size of proposed buildings; (f) monetary contributions by Developer; or (g) the provision of public benefits described in Article 5, shall be deemed suitable for an Operating Memorandum and the City Manager, except to the extent otherwise required by Applicable Law, may approve the Operating Memorandum without notice and public hearing.

8.3.2. Agreement Amendments. Any revision to this Agreement which is determined not to qualify for an Operating Memorandum as set forth in Section 8.3.1 shall be deemed an “Agreement Amendment” and shall require giving of notice and a public hearing before the Planning Commission and City Council in accordance with Applicable Law. The City Manager, in consultation with the City Attorney, shall determine if an amendment is an DocuSign Envelope ID: 3CDABFFF-97BE-4E2F-B6E0-5966DA2CECC9 206 of 478
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Agreement Amendment subject to this Section 8.3.2 or qualifies for an Operating Memorandum subject to Section 8.3.1.

8.3.3. Requirement for Writing. No modification, amendment or other change to this Agreement or any provision hereof shall be effective for any purpose unless specifically set forth in a writing which refers expressly to this Agreement and is signed by duly authorized representatives of both Parties or their successors in interest. Each Operating Memorandum and Agreement Amendment shall upon approval and execution become part of this Agreement. A copy of any change shall be provided to the City Council within thirty (30) days of its execution.

8.4. Amendments to Development Agreement Statute. This Agreement has been entered into in reliance upon the provisions of the Development Agreement Statute as those provisions existed as of the date of execution of this Agreement.

8.4.1. No amendment or addition to the Development Agreement Statute or any other federal or state law or regulation that would materially adversely affect the interpretation or enforceability of this Agreement or would prevent or preclude compliance with one or more provisions of this Agreement shall be applicable to this Agreement, unless such amendment or addition is specifically required by a Change in the Law or is mandated by a court of competent jurisdiction.

8.4.2. If such amendment or change is permissive (as opposed to mandatory), this Agreement shall not be affected by same unless the Parties mutually agree in writing to amend this Agreement to permit such applicability.

8.4.3. In the event that the application of such new law or regulation to this Agreement is mandatory (as opposed to permissive), the Parties shall meet in good faith to determine the feasibility of any modification or suspension of this Agreement that may be necessary to comply with such new law or regulation and to determine the effect such modification or suspension would have on the purposes and intent of this Agreement and the Vested Elements. Following such meeting between the Parties, the provisions of this Agreement may, to the extent feasible, and upon mutual agreement of the Parties, be modified or suspended but only to the minimum extent necessary to comply with such new law or regulation. Developer and/or City shall have the right to challenge any new law or regulation, or its application to this Agreement, that would prevent compliance with the terms of this Agreement, and in the event such challenge is successful this Agreement shall remain unmodified and in full force and effect except as the Parties may mutually agree.

8.4.4. During the time such new law or regulation or its application to this Agreement is challenged in good faith by a Party, the Term of this Agreement may be extended for up to four (4) years, after which if the Parties cannot mutually agree to a modification or suspension as described above either Party may terminate this Agreement.

ARTICLE 9. INSURANCE, INDEMNITY AND COOPERATION IN

THE EVENT OF LEGAL CHALLENGE
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9.1. Insurance Requirements. Prior to commencement of construction activities (including demolition) and through completion of all construction activities for the Project, Developer shall procure and maintain, or cause its contractor(s) to procure and maintain, a commercial general liability policy in an amount not less than Five Million Dollars ($5,000,000) combined single limit, including contractual liability together with a comprehensive automobile liability policy in the amount of Two Million Dollars ($2,000,000), combined single limit. Such policy or policies shall be written on an occurrence form. Developer’s insurance shall be placed with insurers with a current A.M. Best’s rating of no less than A-:VII or a rating otherwise approved by the City in its sole discretion. Developer shall furnish at City’s request appropriate certificate(s) of insurance evidencing the insurance coverage required hereunder, and City Parties shall be named as additional insured parties in such policies. The certificate of insurance shall contain a statement of obligation on the part of the carrier to notify City of any material change, cancellation or termination of the coverage at least thirty (30) days in advance of the effective date of any such material change, cancellation or termination (ten (10) days advance notice in the case of cancellation for nonpayment of premiums) where the insurance carrier provides such notice to the Developer. Coverage provided hereunder by Developer shall be primary insurance and shall not be contributing with any insurance, self-insurance or joint self-insurance maintained by City, and the policy shall contain such an endorsement. The insurance policy or the endorsement shall contain a waiver of subrogation for the benefit of City.

9.2. Indemnity and Hold Harmless. Developer shall indemnify, defend (with counsel reasonably acceptable to City) and hold harmless City Parties from and against any and all Claims, including Claims for any bodily injury, death, or property damage, resulting directly or indirectly from the development or construction of the Project and, if applicable from compliance with the terms of this Agreement, and/or from any other acts or omissions of Developer under this Agreement, whether such acts or omissions are by Developer or any of Developer’s contractors, subcontractors, agents or employees; provided that Developer’s obligation to indemnify and hold harmless (but not Developer’s duty to defend) shall be limited (and shall not apply) to the extent such Claims are found to arise from the gross negligence or willful misconduct of a City Party. This Section 9.2 includes any and all present and future Claims arising out of or in any way connected with Developer’s or its contractors’ obligations of the Department of Industrial Relations pertaining to “public works” (collectively, “Prevailing Wage Laws”), including all claims that may be made by contractors, subcontractors or other third party claimants pursuant to Labor Code section 1726 and 1781.

Developer’s obligations under this Section 9.2 shall survive expiration or earlier termination of this Agreement.

9.3. Defense and Cooperation in the Event of a Litigation Challenge. City and Developer shall cooperate in the defense of any court action or proceeding instituted by a third party or other governmental entity or official challenging City’s consideration and/or approval of this Agreement or the Project Approvals, or challenging the validity of any provision of this Agreement or the Project Approvals (“Litigation Challenge”), and the Parties shall keep each other informed of all developments relating to such defense, subject only to confidentiality requirements that may prevent the communication of such information. To the extent Developer desires to contest or defend such Litigation Challenge, (a) Developer shall take the lead role defending such Litigation Challenge and may, in its sole discretion, elect to be represented by the DocuSign Envelope ID: 3CDABFFF-97BE-4E2F-B6E0-5966DA2CECC9 208 of 478
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legal counsel of its choice, with the costs of such representation, including Developer’s administrative, legal and court costs, paid solely by Developer; (b) City may, in its sole discretion, elect to be separately represented by the legal counsel of its choice in any such action or proceeding with the costs of such representation including City’s administrative, legal, and court costs and City Attorney oversight expenses, paid by Developer; (c) the Parties shall affirmatively cooperate in defending the Litigation Challenge and execute a joint defense and confidentiality agreement in order to share and protect information, under the joint defense privilege recognized under applicable law; and (d) Developer shall indemnify, defend, and hold harmless City Parties from and against any damages, attorneys’ fees or cost awards, including attorneys’ fees awarded under Code of Civil Procedure section 1021.5, assessed or awarded against City by way of judgment, settlement, or stipulation. Any proposed settlement of a Litigation Challenge shall be subject to City’s and Developer’s approval not to be unreasonably withheld, conditioned or delayed. If the terms of the proposed settlement would constitute an amendment or modification of this Agreement or any Project Approvals, the settlement shall not become effective unless such amendment or modification is approved by City and Developer in accordance with Applicable Law, and City reserves its full legislative discretion with respect to any such City approval. If Developer opts not to contest or defend such Litigation Challenge, City shall have no obligation to do so. Developer shall reimburse City for its costs incurred in connection with the Litigation Challenge within thirty (30) days following City’s written demand therefor, which may be made from time to time during the course of such litigation. Developer’s obligations under this Section 9.3 shall survive expiration or earlier termination of this Agreement.

9.4. Public Records Act Requests. Developer shall reimburse City for all duplication costs and fees, but not staff time or costs, associated with City’s response to Public Records Act requests related to this Agreement, the Project Approvals, the Property and the Project.

ARTICLE 10. ASSIGNMENT, TRANSFER AND NOTICE

10.1. Assignment. Material consideration and incentive for City agreeing to enter into this Agreement and agreeing to grant the Existing Approvals are those public benefits described in Section 2.3 in Article 5 and the Property being developed as residential property with affordable units. For that reason, certain restrictions on the right of Developer to assign or transfer its interest under this Agreement with respect to the Property during the Term are necessary in order to assure the achievement of the goals, objectives and public benefits of the Project and this Agreement. Developer agrees to and accepts the restrictions set forth in this Section 10.1 as reasonable and as a material inducement for City to enter into this Agreement.

10.1.1. Assignment Criteria. Except as otherwise provided in Section 10.1.2 and Section 10.3, during the Term, Developer shall have the right to assign or transfer (“Transfer”) in whole or in part, its rights, duties and obligations under this Agreement to any person, partnership, joint venture, firm, company, corporation or other entity (any of the foregoing, an “Assignee”) subject to the written consent of City, which shall not be unreasonably withheld, delayed or conditioned to the reasonable satisfaction of the City Manager, if Developer or the Assignee satisfies the following conditions:

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10.1.1.1. Such Transfer shall only occur together with a transfer of the Property, or portion thereof, and in the event of a Transfer involving only a portion of the Property Developer shall retain all rights, duties and obligations under this Agreement as to the retained portion of the Property;

10.1.1.2. The proposed Assignee provides acceptable and verifiable documentation that it has at least five (5) years’ experience developing residential housing with affordable housing similar to the Affordable Units as part of a development of similar size to the Project, without any record of material violations of Applicable Laws, or documents a binding arrangement with a qualified third party to manage such operations;

10.1.1.3. The proposed Assignee provides acceptable and verifiable documentation that it has sufficient financial resources to undertake development and/or operation of the Project, and otherwise perform the payment and other obligations of Developer under this Agreement; and

10.1.1.4. Developer is not in Default under this Agreement, or the Assignee agrees to cure any Default promptly after the assignment;

10.1.2. Affiliate Assignment. Notwithstanding the foregoing, Developer may assign its rights under this Agreement without the consent of City (but after providing City the notice and Assignee’s assumption agreement pursuant to Section 10.1.3) to any corporation, limited liability company, partnership or other entity which is controlling of, controlled by, or under common control with Developer, and “control,” for purposes of this definition, means effective management and control of the other entity, subject only to major events requiring the consent or approval of the other owners of such entity (“Affiliated Party”).

10.1.3. Notice. At least thirty (30) days prior to Developer’s desired assignment date, Developer shall provide City with written notice of any proposed transfer or assignment of Developer’s rights or obligations hereunder (each, an “Assignment”) together with such information needed to document satisfaction of the conditions in Section 10.1 required for an Assignment, and request City’s consent to such Assignment as provided herein. Each such notice shall be accompanied by evidence of Assignee’s assumption of Developer’s obligations hereunder in the form of Exhibit E (the “Assignment and Assumption Agreement”), which shall be recorded in the Official Records of San Mateo County (assuming City approves the Assignment if required by Section 10.1) concurrent with transfer to the Assignee. City shall provide its written consent or other response within thirty (30) days of City’s receipt of the notice and required documentation.

10.1.4. Payment of Costs. Developer shall pay the actual costs borne by City in connection with its review of the proposed Assignment, including costs of attorney review.

10.2. Release of Transferring Developer. Except with respect to a permitted transfer and assignment to an Affiliated Party, notwithstanding any sale, transfer or assignment of the Property, in whole or in part, Developer shall continue to be obligated under this Agreement as DocuSign Envelope ID: 3CDABFFF-97BE-4E2F-B6E0-5966DA2CECC9 210 of 478
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to all of the Property so transferred unless and until (a) City has consented to the assignment as provided above and receives and records Assignee’s Assignment and Assumption Agreement, or (b) with respect to Transfers entered into after the issuance of a certificate of occupancy pursuant to Section 10.4, City receives a fully executed and recordable Assignment and Assumption Agreement from Developer.

10.3. Assignment to Financial Institutions or Mortgagee.

10.3.1.Notwithstanding any other provision of this Agreement, Developer may assign all or any part of its rights and duties under this Agreement to any financial institution or Mortgagee from which Developer has borrowed funds for use in acquiring the Property and constructing and/or operating the Project and neither such assignment nor the financing shall require consent from City; provided, City shall be given notice of such intended assignment at least ten (10) Business Days beforehand, and before such assignment may take effect such financial institution or Mortgagee shall either give City confirmation acknowledging and agreeing that its interest in the Property (or enter into a commercially reasonable subordination agreement agreeing that its interest in the Property) (a) is subject and subordinate to this Agreement and to the Affordable Housing Agreement(s) (whether already recorded or to be recorded), and (b) specifically is subject to Section 10.3.2. Developer shall provide a copy of the deed of trust to City within ten (10) Business Days following execution thereof. A conditional assignment or other transfer by a financial institution or Mortgagee back to Developer as part of any financing transaction shall not require City’s consent.

10.3.2. Assignment of this Agreement in connection with foreclosure of the Property or a deed in lieu of foreclosure shall not require the consent of City, provided that any person acquiring title or taking possession of the Property from a financial institution or Mortgagee following a foreclosure or deed in lieu of foreclosure must satisfy the criteria for an Assignee in Section 10.1.1, with documentation of such satisfaction provided to City before transfer of title or possession, to the extent there also is a proposed Assignment of an interest in this Agreement.

10.4. Consent Not Required After Issuance of Certificate of Occupancy. Upon the issuance of a certificate of occupancy for the residential units and provided that (a) the Affordable Housing Agreement has been recorded against title to the Project, and (b) all fees required to be paid at the time of Transfer pursuant to the terms of this Agreement have been paid, the restrictions on Transfers set forth in this Article 10 shall no longer apply to any Transfer in whole or in part of Developer’s rights, duties and obligations under this Agreement to any Assignee made in connection with the transfer, and City’s consent shall not be required for any such Transfers of this Agreement to any Assignee; provided, Developer still must provide City notice and an executed and recordable Assignment and Assumption Agreement pursuant to Section 10.1.3, except an Assignment and Assumption Agreement shall not be required for sales of homes to individual home buyers.

10.5. Successive Assignment. In the event there is more than one Assignment under the provisions of this Article 10, the provisions of this Article 10 shall apply to each successive Assignment and Assignee.

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ARTICLE 11. MORTGAGEE PROTECTION

11.1. Mortgagee Protection. This Agreement shall not prevent or limit Developer in any manner, at Developer’s sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property, subject to Section 10.3.2 regarding subsequent Assignments, and subject to this Agreement and the affordability restrictions set forth in Affordable Housing Agreement(s) (whether already recorded or to be recorded) being superior and senior to any lien placed upon the Property or any portion thereof pursuant to Section

5.1.2.5. Notwithstanding the foregoing, no breach hereof shall defeat, render invalid, diminish or impair the lien of any Mortgage made in good faith and for value. Nothing in this Agreement shall prevent or limit Developer, at its sole discretion, from granting one or more Mortgages encumbering all or a portion of Developer’s interest in the Property or portion thereof or improvement thereon as security for one or more loans or other financing, but all of the terms and conditions contained in this Agreement shall be binding upon and effective against and shall run to the benefit of Mortgagee who acquires title or possession to the Property, or any portion thereof, by foreclosure, trustee’s sale, deed in lieu of foreclosure or otherwise. Developer shall provide the City with a copy of the deed of trust or mortgage within ten (10) days after its recording in the official records of San Mateo County so as to demonstrate its subordination to this Agreement; provided, however, that Developer’s failure to provide such document shall not affect any Mortgage, including without limitation, the validity, priority or enforceability of such Mortgage.

11.2. Mortgagee Not Obligated. No Mortgagee (including one who acquires title or possession to the Property, or any portion thereof, by foreclosure, trustee’s sale, deed in lieu of foreclosure or otherwise) shall have any obligation or duty under this Agreement to perform Developer’s obligations or other affirmative covenants of Developer hereunder, or to construct or complete construction of improvements, or to guarantee such construction or completion; provided, however, that a Mortgagee shall not be entitled to devote the Property to any use except in full compliance with this Agreement and the Project Approvals nor to construct any improvements thereon or institute any uses other than those uses or improvements provided for or authorized by this Agreement, or otherwise under the Project Approvals.

11.3. Notice of Default to Mortgagee. If City receives a notice from a Mortgagee requesting a copy of any Notice of Default given Developer hereunder and specifying the address for service thereof, then City agrees to use its diligent, good faith efforts to deliver to such Mortgagee, concurrently with service thereon to Developer, any Notice of Default or determination of noncompliance with this Agreement given to Developer. Each Mortgagee shall have the right (but not the obligation) during the same period available to Developer to cure or remedy, or to commence to cure or remedy, the event of Default claimed or the areas of noncompliance set forth by City. If a Mortgagee is required to obtain possession of the property or portion thereof in order to cure any Default, the time to cure shall be tolled so long as the Mortgagee is attempting in good faith and diligently to obtain possession, including by appointment of a receiver or foreclosure, but in no event may this period exceed one hundred twenty (120) days from the date City delivers the Notice of Default to Developer unless the City DocuSign Envelope ID: 3CDABFFF-97BE-4E2F-B6E0-5966DA2CECC9 212 of 478
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Manager in his/her sole discretion approves further time.

11.4. No Supersedure. Nothing in this Article 11 shall be deemed to supersede or release a Mortgagee or modify a Mortgagee’s obligations under any subdivision or public improvement agreement or other obligation incurred with respect to the Project outside this Agreement, nor shall any provision of this Article 11 constitute an obligation of City to such Mortgagee, except as to the notice requirements of Section 11.3.

11.5. Mortgagee Requested Amendments. The Parties agree that they will make reasonable amendments to this Agreement, at the expense of Developer, to meet the requirements of any lender or Mortgagee for the Project. For the purposes of this Section 11.5, a reasonable amendment is one that does not relieve Developer of any of its material obligations under this Agreement or impair the ability of the City to enforce the terms of this Agreement.

City further agrees that if requested to make a reasonable amendment to the Mortgagee protection provisions of this Agreement required to conform to current industry practice, as determined by City, City will consider if such qualifies for an Operating Memorandum.

ARTICLE 12. DEFAULT; REMEDIES; TERMINATION

12.1. Breach and Default. Subject to a Permitted Delay in Section 13.4, except as otherwise provided by this Agreement, breach of, failure, or delay by either Party to perform any term or condition of this Agreement shall constitute a “Default.” In the event of any alleged Default of any term, condition, or obligation of this Agreement, the Party alleging such Default shall give the defaulting Party notice in writing specifying the nature of the alleged Default and the manner in which the Default may be satisfactorily cured (“Notice of Breach”). The defaulting Party shall cure the Default within thirty (30) days following receipt of the Notice of Breach, provided, however, if the nature of the alleged Default is non-monetary and such that it cannot reasonably be cured within such thirty (30) day period, then the commencement of the cure within such time period, and the diligent prosecution to completion of the cure thereafter at the earliest practicable date, shall be deemed to be a cure, provided that if the cure is not so diligently prosecuted to completion, then no additional cure period shall be required to be provided. If the alleged failure is cured within the time provided above, then no Default shall exist and the noticing Party shall take no further action to exercise any remedies available hereunder. If the alleged failure is not cured, then a Default shall exist under this Agreement and the non-defaulting Party may exercise any of the remedies available under this Agreement.

12.2. Actions During Cure Period. City will continue to process in good faith development applications during any cure period following a Notice of Breach; provided, City need not approve any such application or issue any permit for the Project if the City Manager determines that it relates to an alleged Default by Developer regarding failure to timely make any payment owed by Developer under this Agreement. If there is a dispute regarding the existence of a Default, the Parties shall otherwise continue to perform their obligations hereunder, to the maximum extent practicable in light of the disputed matter and pending its resolution or termination of this Agreement as provided herein. This provision is in addition to and shall not limit any actions that City may take to enforce the conditions of the Project Approvals.

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12.3. Termination. In the event of a Default by a Party, the non-defaulting Party shall have the right to terminate this Agreement upon giving notice of intent to terminate pursuant to Government Code section 65868 and City regulations implementing such section. Following notice of intent to terminate, the matter shall be scheduled for consideration and review in the manner set forth in Government Code section 65867 and City regulations implementing said section. Following consideration of the evidence presented in said review before the City Council, a Party alleging Default by the other Party may give written notice of termination of this Agreement to the other Party. Termination of this Agreement shall be subject to the provisions of Section 12.3.

12.4. Legal Actions.

12.4.1. Institution of Legal or Equitable Actions. In addition to any other rights or remedies, a Party may institute legal or equitable action for mandamus, specific performance or other injunctive or declaratory relief to cure, correct or remedy any Default, to enforce any covenants or agreements herein, to enjoin any threatened or attempted violation thereof, or to obtain any other remedies consistent with the purpose and terms of this Agreement.

12.4.2. Acceptance of Service of Process. In the event that any legal action is commenced by Developer against City, service of process on City shall be made by personal service upon the City Clerk of City or in such other manner as may be provided by law. In the event that any legal action is commenced by City against Developer, service of process on Developer shall be made by personal service upon Developer’s General Counsel, Developer’s registered agent for service of process, or in such other manner as may be provided by law.

12.5. Rights and Remedies Are Cumulative. The rights and remedies of the Parties are cumulative, and the exercise by a Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same Default or any other Default by the other Party, except as otherwise expressly provided herein.

12.6. No Damages. In no event shall a Party, or its boards, commissions, officers, agents, employees, shareholders, members or partners be liable in damages for any Default under this Agreement, it being expressly understood and agreed that the sole legal remedy available to a Party for a breach or violation of this Agreement by the other Party shall be an action in mandamus, specific performance or other injunctive or declaratory relief to enforce the provisions of this Agreement by the other Party, or to terminate this Agreement. This limitation on damages shall not preclude actions by a Party to enforce payments of monies, or fees or the performance of obligations requiring an obligation of money from the other Party under the terms of this Agreement including, but not limited to, obligations to pay attorneys’ fees and obligations to advance monies or reimburse monies. In connection with the foregoing provisions, each Party acknowledges, warrants and represents that it has been fully informed with respect to, and represented by counsel of such Party’s choice in connection with, the rights and remedies of such Party hereunder and the waivers herein contained, and after such advice and consultation has presently and actually intended, with full knowledge of such Party’s rights and remedies otherwise available at law or in equity, to waive and relinquish such rights and DocuSign Envelope ID: 3CDABFFF-97BE-4E2F-B6E0-5966DA2CECC9 214 of 478
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remedies to the extent specified herein, and to rely solely on the remedies provided for herein with respect to any breach of this Agreement by the other Party.

12.7. Resolution of Disputes. With regard to any dispute involving the Project, the resolution of which is not provided for by this Agreement or Applicable Law, a Party shall, at the request of another Party, meet with designated representatives of the requesting Party promptly following its request. The Parties to any such meetings shall attempt in good faith to resolve any such disputes. In the event the Parties are unable to resolve the issue and reach an agreement within thirty (30) days, either Party may initiate judicial proceedings. Nothing in this Section

12.7 shall in any way be interpreted as requiring that Developer or City reach agreement with regard to those matters being addressed, nor shall the outcome of these meetings be binding in any way on City or Developer unless expressly agreed to in writing by the Parties to such meetings. Nothing in this Section 12.7 shall require a Party to postpone instituting any injunctive proceeding or to pursue resolution under this Section 12.7 if it believes in good faith that such postponement will cause irreparable harm to such Party.

12.8. Surviving Provisions. In the event this Agreement is terminated, neither Party shall have any further rights or obligations hereunder, except for those obligations of Developer which by their terms survive expiration or termination hereof, including but not limited to those obligations set forth in Sections 9.2 and 9.3.

ARTICLE 13. GENERAL PROVISIONS

13.1. Condemnation. As used herein, “Material Condemnation” means a condemnation of all or a portion of the Property that will have the effect of materially impeding or preventing development of the Project in accordance with this Agreement and the Project Approvals. In the event of a Material Condemnation, Developer may (a) request City to amend this Agreement in accordance with the Development Agreement Statute and/or to amend the Project Approvals, which amendment shall not be unreasonably withheld; (b) decide, in its sole discretion, to challenge the condemnation; and/or (c) deliver a written notice of termination to City declaring a Material Condemnation, which City may elect to dispute. If the condemnation is not a Material Condemnation, Developer shall have no right to terminate this Agreement pursuant to this Section 13.1. Nothing in this Agreement shall be, or deemed to be, any waiver or release by Developer of any compensation or damages awarded pursuant to a Material Condemnation.

13.2. Covenants Binding on Successors and Assigns and Run with Land. Except as otherwise more specifically provided in this Agreement, this Agreement and all of its provisions, rights, powers, standards, terms, covenants and obligations, shall be binding upon the Parties and their respective successors (by merger, consolidation, or otherwise) and assigns, lessee, and all other persons or entities acquiring the Property, or any interest therein, whether by operation of law or in any manner whatsoever, and shall inure to the benefit of the Parties and their respective successors and assigns, as provided in Government Code section 65868.5, and shall be enforceable as equitable servitudes and constitute covenants running with the land pursuant to applicable laws.

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13.3. Notice. Any notices relating to this Agreement shall be given in writing and shall be deemed sufficiently given and served for all purposes when delivered personally or by generally recognized overnight courier service, or five (5) days after deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, addressed as follows.

To City: City of San Bruno
567 El Camino Real
San Bruno, CA 94066
Attn: City Manager
with a copy to: City of San Bruno
567 El Camino Real
San Bruno, CA 94066
Attn: City Attorney
To Developer: New Shidai Development LLC
860 Glenview Drive
San Bruno, CA 94066
Attn: Daniel Wong
with a copy to: Meyers Nave
1999 Harrison Street, 9thFloor
Oakland, CA 94612
Attn: Richard D. Pio Roda
Either Party may update or change the person and addresses for the receipt of notices under this Section 13.3 from time-to-time by delivering written notice to the other Party designating the new person or address, at least ten (10) days prior to the name and/or address change.

13.4. Permitted Delays.

13.4.1. The Term of this Agreement and the Project Approvals and the time within which the Parties shall be required to perform any act under this Agreement shall be extended by a period of time equal to the number of days during which there is a Permitted Delay, up to a cumulative extension of one (1) years. A “Permitted Delay” shall mean delay beyond the reasonable control of a Party caused by an inability to perform caused by (a) calamities, including without limitation earthquakes, floods, and fire; (b) civil commotion; (c) riots or terrorist acts; (d) lockouts, strikes or other forms of material labor disputes; (e) material shortages of labor, equipment, facilities, materials or supplies; (f) vandalism; (g) failure of transportation or freight embargos; (h) condemnation or requisition; (i) litigation challenge, referendum or initiative, including but not limited to litigation, referenda or initiatives challenging the Project Approvals or any of the Vested Elements; (j) orders of governmental, civil, military or naval authority, including any development, water or sewer moratorium, local DocuSign Envelope ID: 3CDABFFF-97BE-4E2F-B6E0-5966DA2CECC9 216 of 478
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health emergency, or pandemic; (k) the failure of any governmental agency, public utility or communication provider to issue a permit, authorization consent or approval, through no fault of Developer, required for development, construction, use or operation of the Project or portion thereof within typical, standard or customary timeframes; (l) unusually severe weather, but only to the extent that such weather or its effects (including, without limitation, dry out time) result in delays that cumulatively exceed twenty (20) days for any winter season; or (m) changes in local, state or federal laws or regulations, any development moratorium or any action of other public agencies that regulate land use, development or the provision of services that prevents, prohibits, or delays (for more than twenty (20) days cumulatively) construction of the Project; or (n) a temporary inability to perform its financial obligations or obtain financing through no fault of the Party.

13.4.2. The Party claiming a Permitted Delay shall notify the other Party of its intent to claim a Permitted Delay, the specific grounds of the same and the anticipated period of the Permitted Delay. An extension of time for any such cause shall be for the period of the Permitted Delay and shall commence to run from the time of the commencement of the cause, if Notice by the Party claiming such extension is sent within thirty (30) days of the commencement of the claimed cause (or in the case of delays pursuant to Section 13.4.1(l) or Section 13.4.1(m), within thirty (30) days after the twentieth (20th) day of cumulative delay). If Notice is sent after such thirty (30) day period, then the extension shall commence to run no sooner than thirty (30) days prior to the giving of such Notice. The period of Permitted Delay shall last no longer than the conditions preventing performance.

13.5. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

13.6. Waivers. Notwithstanding any other provision in this Agreement, any failures or delays by any Party in asserting any of its rights and remedies under this Agreement shall not operate as a waiver of any such rights or remedies, or deprive any such Party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. A Party may specifically and expressly waive in writing any condition or breach of this Agreement by the other Party, but no such waiver shall constitute a further or continuing waiver of any preceding or succeeding breach of the same or any other provision. Consent by one Party to any act or failure to act by the other Party shall not be deemed to imply consent or waiver of the necessity of obtaining such consent for the same or similar acts or failures to act in the future.

13.7. Construction of Agreement. All Parties have been represented by counsel in the preparation and negotiation of this Agreement, and this Agreement shall be construed according to the fair meaning of its language. The rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement.

Unless the context clearly requires otherwise, (a) the plural and singular numbers shall each be deemed to include the other; (b) the masculine, feminine, and neuter genders shall each be deemed to include the others; (c) “shall,” “will,” or “agrees” are mandatory, and “may” is permissive; (d) “or” is not exclusive; (e) “includes” and “including” are not limiting; and DocuSign Envelope ID: 3CDABFFF-97BE-4E2F-B6E0-5966DA2CECC9 217 of 478
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(f) “days” means calendar days unless specifically provided otherwise.

13.8. Headings. Section headings in this Agreement are for convenience only and are not intended to be used in interpreting or construing the terms, covenants, or conditions of this Agreement.

13.9. Severability. If any term or provision of this Agreement, or the application of any term or provision of this Agreement to a specific situation, is found to be invalid, or unenforceable, in whole or in part for any reason, the remaining terms and provisions of this Agreement shall continue in full force and effect; provided, if the invalidation, voiding or unenforceability would deprive either City or Developer of material benefits derived from this Agreement, or make performance under this Agreement unreasonably difficult, then City and Developer shall meet and confer and shall make good faith efforts to amend or modify this Agreement in a manner that is mutually acceptable to City and Developer. Notwithstanding the foregoing, if an essential purpose of this Agreement would be defeated by loss of the invalid or unenforceable provisions, in which case any Party deprived of an essential benefit thereunder shall have the option to terminate this Agreement from and after such determination by providing written notice thereof to the other Party.

13.10. Time is of the Essence. Time is of the essence of this Agreement. All references to time in this Agreement shall refer to the time in effect in the State of California. The time limits set forth in this Agreement (other than the Term) may be extended by Permitted Delays or mutual consent in writing of the Parties in accordance with the provisions of this Agreement.

13.11. Other Necessary Acts. Each Party shall in good faith do all things as may reasonably be necessary or appropriate to carry out this Agreement, and the Project Approvals, and to execute with acknowledgment or affidavit if required and deliver to the other, file or submit all such further information, instruments and documents as may be reasonably necessary to carry out the purposes and objectives of the Project Approvals and this Agreement and to provide and secure to the other Party the full and complete enjoyment of its rights and privileges under this Agreement.

13.12. Authority. Each person executing this Agreement on behalf of a party represents and warrants that such person is duly and validly authorized to do so on behalf of the entity it purports to bind and if such party is a partnership, corporation or trustee, that such partnership, corporation or trustee has full right and authority to enter into this Agreement and perform all of its obligations hereunder.

13.13. Entire Agreement. This Agreement (including all Recitals and all exhibits attached hereto, each of which is fully incorporated herein by reference), integrates all of the terms and conditions mentioned herein or incidental hereto, and constitutes the entire understanding of the Parties with respect to the subject matter hereof, and all prior or contemporaneous oral agreements, understandings, representations and statements, and all prior written agreements, understandings, representations, and statements are terminated and superseded by this Agreement.

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13.14. Estoppel Certificate. City or Developer may, from time to time, deliver written notice to the other party requesting written certification that, to the actual knowledge of the certifying party, (a) this Agreement is in full force and effect; (b) this Agreement has not been amended or modified or, if so amended or modified, identifying the amendments or modifications, or terminated or, if so terminated, identifying the subject of termination; (c) in the certifying party does not have knowledge of Default of the performance of the requesting party, or if in known Default, to describe therein the nature and extent of any such Defaults. Developer shall pay, within thirty (30) days following receipt of City’s invoice, the actual costs borne by City in connection with its review of the proposed estoppel certificate, including the costs of attorney review. The City Manager shall be authorized to execute any certificate requested by Developer hereunder. The form of estoppel certificate shall be in a form reasonably acceptable to the City Attorney.

13.15. Recordation of Termination or Expiration. Upon completion of the Project and Developer’s performance of all the obligations of this Agreement, or upon any earlier termination of this Agreement upon the mutual written consent of the Parties or as otherwise expressly provided herein, a written statement acknowledging Developer’s satisfaction of all obligations under this Agreement or such termination, in form and content reasonably satisfactory to the Parties, shall be provided by City to be executed by the Parties and recorded by City or Developer in the Official Records of San Mateo County; provided, such recorded document shall identify and preserve those obligations and requirements in this Agreement that survive termination.

13.16. City Approvals and Actions. Whenever a reference is made herein to an action or approval to be undertaken by City, the City Manager or his or her designee is authorized to act on behalf of City, unless specifically provided otherwise or the context requires otherwise.

13.17. Reimbursement of Development Agreement Costs and Fees. Developer shall reimburse City for all its reasonable and actual costs, fees, and expenses incurred in drafting, reviewing, revising, and processing this Agreement, including, but not limited to, recording fees, ordinance publication fees, staff time in preparing staff reports, and staff time, including legal counsel and special counsel fees, for preparation and review of this Agreement and changes requested by Developer. This provision does not expand or change the Developer’s obligations under the current Reimbursement Agreement between Developer and City dated March 20, 2019. Should Developer request an Administrative Project Amendment, Major Project Amendment, Operating Memorandum, Agreement Amendment, or any other amendments or revisions to this Agreement after the Agreement has been executed by all Parties, City and Developer shall enter into a reimbursement agreement for Developer to reimburse City for all of its reasonable and actual costs, fees, and expenses incurred in drafting and revising such documents.

13.18. Negation of Partnership. The Parties specifically acknowledge that the Project is a private development, that no Party to this Agreement is acting as the agent of any other in any respect hereunder, and that each Party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. None of the terms or provisions of this Agreement shall be deemed to create a partnership between or among the Parties in the DocuSign Envelope ID: 3CDABFFF-97BE-4E2F-B6E0-5966DA2CECC9 219 of 478
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businesses of Developer, the affairs of the City, or otherwise, or cause them to be considered joint venturers or members of any joint enterprise.

13.19. No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the signatory Parties and their successors and assigns, including Mortgagees. No other person or entity shall have any right of action based upon any provision in this Agreement, and no other person or entity shall have any third party beneficiary status.

13.20. Governing State Law; Venue. This Agreement shall be construed and enforced in accordance with the laws of the State of California, without reference to choice of law provisions. Any legal actions under this Agreement shall be brought only in the Superior Court of the County of San Mateo, State of California, or the Federal District Court for the Northern District of California.

13.21. Exhibits. The following exhibits are attached to this Agreement and are hereby incorporated herein by this reference for all purposes as if set forth herein in full:

Exhibit A: Property Legal Description
Exhibit B: Depiction of the Property
Exhibit C: Reserved
Exhibit D: Existing Impact Fees
Exhibit E: Form of Assignment and Assumption Agreement
Exhibit F: Affordable Housing Plan
If the County Recorder refuses to record any exhibit, the City Clerk may replace it with a single sheet bearing the exhibit identification letter, stating the title of the exhibit, the reason it is not being recorded, and that the original, certified by the City Clerk, is in the possession of the City Clerk and will be reattached to the original when it is returned by the recorder to the City Clerk.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, City and Developer have executed this Agreement as of the Effective Date.

DEVELOPER: New Shidai Development, LLC
a California limited liability corporation
By: ______________________________
Printed Name: _____________________
Title: ____________________________
CITY: CITY OF SAN BRUNO
a general law city and municipal corporation
By: _________________________________
Jovan D. Grogan, City Manager
ATTEST:
__________________________________
Melissa Thurman, City Clerk
APPROVED AS TO FORM:
___________________________________
Marc Zafferano, City Attorney
[signatures must be notarized]
DocuSign Envelope ID: 3CDABFFF-97BE-4E2F-B6E0-5966DA2CECC9 Manager
Daniel Wong
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ACKNOWLEDGMENTS
Acknowledgments
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STATE OF CALIFORNIA )
)
COUNTY OF __________________ )
On ____________________, before me, ___________________________, Notary Public, personally appeared ______________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
______________________________________
Name: ______________________________
Notary Public
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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ACKNOWLEDGMENTS
Acknowledgments
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I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

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Exhibit A-1
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EXHIBIT A

PROPERTY LEGAL DESCRIPTION
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Exhibit A-2
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Exhibit B-1
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EXHIBIT B

DEPICTION OF PROPERTY
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Exhibit C-1
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EXHIBIT C
[RESERVED]
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Exhibit D-1
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EXHIBIT D

EXISTING IMPACT FEES
[To be provided by City]
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Exhibit E-1
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EXHIBIT E

FORM OF ASSIGNMENT AND ASSUMPTION AGREEMENT
Space Above This Line for Recorder’s
Use Only

ASSIGNMENT OF RIGHTS AND OBLIGATIONS UNDER DEVELOPMENT AGREEMENT This Assignment of Rights and Obligations under Development Agreement (this “Assignment”) is entered into this day of , 20 (“Effective Date”), by and between , a
(“Assignor”) and , a
(“Assignee”).

Assignor and Assignee are collectively referred to herein as the “Parties.”

R E C I T A L S
A. Assignor and the City of San Bruno, a California municipal corporation (“City”) have entered into that certain Development Agreement dated as of (“DA”) which was recorded in the Official Records of San Mateo County on as Instrument No. .

B. Assignor [has requested approval from the City of the assignment to Assignee described herein pursuant to Section 10.1 of the DA] OR [has the right to make the assignment to Assignee under Section 10.1 of the DA.]
C. [City has consented to the assignment described herein pursuant to Section 10.1 of the DA.] OR [Assignor has provided the City with documentation establishing that the assignment is appropriate pursuant to Article 10 of the DA because .]

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

Attention:

Exempt from Recording Fee per
Government Code Section 27383
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Exhibit E-2
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A G R E E M E N T S
NOW, THEREFORE, in exchange for the mutual covenants set forth herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:

1. Assignment and Assumption of Interest. Assignor hereby transfers, assigns and conveys to Assignee, all of Assignor’s right, title and interest in and to, and all obligations, duties, responsibilities, conditions and restrictions under, the DA (the “Rights and Obligations”). Assignee, for itself and its successors and assigns, hereby accepts the foregoing assignment, assumes all such Rights and Obligations, and expressly agrees for the benefit of City, to pay, perform and discharge all obligations of Assignor under the DA and to comply with all covenants and conditions of Assignor arising from or under the DA.

2. Governing Law; Venue. This Assignment shall be interpreted and enforced in accordance with the laws of the State of California without regard to principles of conflicts of laws. Any action to enforce or interpret this Assignment shall be filed and litigated exclusively in the Superior Court of San Mateo County, California or in the Federal District Court for the Northern District of California.

3. Entire Agreement/Amendment. This Assignment constitutes the entire agreement among the Parties with respect to the subject matter hereof, and supersedes all prior written and oral agreements with respect to the matters covered by this Assignment. This Assignment may not be amended except by an instrument in writing signed by each of the Parties and consented to in writing by City.

4. Further Assurances. Each Party shall execute and deliver such other certificates, agreements and documents and take such other actions as may be reasonably required to consummate or implement the transactions contemplated by this Assignment and the DA.

5. Benefit and Liability. Subject to the restrictions on transfer set forth in the DA, this Assignment and all of the terms, covenants, and conditions hereof shall extend to the benefit of and be binding upon the respective successors and permitted assigns of the Parties.

6. Rights of City. All rights of City under the DA and all obligations to City under the DA which were enforceable by City against Assignor prior to the Effective Date of this Assignment shall be fully enforceable by City against Assignee from and after the Effective Date of this Assignment.

7. Rights of Assignee. All rights of Assignor and obligations to Assignor under the DA which were enforceable by Assignor against City prior to the Effective Date of this Assignment shall be fully enforceable by Assignee against City from and after the Effective Date DocuSign Envelope ID: 3CDABFFF-97BE-4E2F-B6E0-5966DA2CECC9 230 of 478
Exhibit E-3
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of this Assignment.

8. Release. As of the Effective Date, Assignor hereby relinquishes all rights under the DA, and all obligations of Assignor under the DA shall be terminated as to, and shall have no more force or effect with respect to, Assignor, and Assignor is hereby released from any and all obligations under the DA.

9. Attorneys’ Fees. In the event of any litigation pertaining to this Assignment, the losing party shall pay the prevailing party’s litigation costs and expenses, including without limitation reasonable attorneys’ fees.

10. City Consent; City Is A Third-Party Beneficiary. City’s countersignature below is for the limited purposes of indicating consent to the assignment and assumption and release set forth in this Assignment (if necessary under the DA) pursuant to Sections 10.1 and

10.2 of the DA, and for clarifying that there is privity of contract between City and Assignee with respect to the DA. The City is an intended third-party beneficiary of this Assignment, and has the right, but not the obligation, to enforce the provisions hereof.

11. Recordation. Assignor shall cause this Assignment to be recorded in the Official Records of San Mateo County, and shall promptly provide conformed copies of the recorded Assignment to City and Assignee.

12. Address for Notices. Assignee’s address for notices, demands and communications under the DA is as follows:

13. Captions; Interpretation. The section headings used herein are solely for convenience and shall not be used to interpret this Assignment. The Parties acknowledge that this Assignment is the product of negotiation and compromise on the part of both Parties, and the Parties agree, that since both have participated in the negotiation and drafting of this Assignment, this Assignment shall not be construed as if prepared by one of the Parties, but rather according to its fair meaning as a whole, as if both Parties had prepared it.

14. Severability. If any term, provision, condition or covenant of this Assignment or its application to any party or circumstances shall be held by a court of competent jurisdiction, to any extent, invalid or unenforceable, the remainder of this Assignment, or the application of the term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law unless the rights and obligations of the Parties have been materially altered or abridged thereby.

15. Counterparts. This Assignment may be executed in counterparts, each of DocuSign Envelope ID: 3CDABFFF-97BE-4E2F-B6E0-5966DA2CECC9 231 of 478
Exhibit E-4
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which shall, irrespective of the date of its execution and delivery, be deemed an original, and the counterparts together shall constitute one and the same instrument. [SIGNATURES START ON NEXT PAGE.]
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Exhibit E-5
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IN WITNESS WHEREOF Assignor and Assignee have executed this Assignment as of the date first set forth above.

ASSIGNOR:
, a
By: FORM – DO NOT SIGN
Name: Its:

ASSIGNEE:
, a
By: FORM – DO NOT SIGN
Name: Its:
[NOTE: The presence of the signature blocks below in this form shall not be deemed to require the consent of the City to any assignment that does not otherwise require the consent of City under the DA.]
City of San Bruno, a California municipal corporation, hereby consents to the assignment and assumption described in the foregoing Assignment and Assumption Agreement.

CITY:

CITY OF SAN BRUNO, a
California municipal corporation
By: FORM – DO NOT SIGN
, City Manager
ATTEST:
, City Clerk APPROVED AS TO FORM:

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Exhibit E-6
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, City Attorney
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Exhibit E-7
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I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

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Exhibit E-8
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I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

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Exhibit F-1
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Exhibit F
Glenview Terrace Project Affordable Housing Plan
This affordable housing plan (“Affordable Housing Plan”) has been prepared for the Glenview Terrace project and satisfies the requirements for an affordable housing plan set forth in Municipal Code Section 12.230.070 and conforms to the requirements of Municipal Code Chapter 12.230, Affordable Housing Program (the “Affordable Housing Program”).

Developer shall make fifteen percent (15%) of the residential units in the Glenview Terrace residential project (the “Project”) available at below-market rates to qualifying households (the “Affordable Units”) as further specified in this Affordable Housing Plan. The number of Affordable Units to be provided onsite as part of the Project as described in this Affordable Housing Plan is four (4) on-site for sale residential units. Any decimal fraction of 0.5 or more shall be rounded up to the next whole number of Affordable Units; any fraction less than

0.5 shall be rounded down, in which case Developer in its discretion shall either (a) make one additional Affordable Unit available or (b) pay City the prorated fee required under the Affordable Housing Program for such fraction of an Affordable Unit not provided at the fee rate in effect as of the “Effective Date” as such term is defined in the Development Agreement for the Project (the “Effective Date”).

1. Affordability Requirements of the on-site for sale Affordable Units. (a) One (1) unit for low income households, as defined in San Bruno Municipal Code section 12.230.020;
(b) Three (3) units for moderate income households, as defined in San Bruno Municipal Code section 12.230.020.

2. Term of Affordability Restrictions. The affordability restrictions set forth in this Affordable Housing Plan shall have a term of 45 years commencing upon the date that a certificate of occupancy is issued for the Affordable Units, and on the date of each resale, and shall be included in the Affordable Housing Agreements (as defined below).

3. Standards for Affordable Units. The Affordable Units shall comply with the affordable housing unit standards set forth in San Bruno Municipal Code Section 12.230.080 in effect as of the Effective Date. By way of illustration but not limitation of the requirements specified in Section 12.230.080, the Affordable Units shall satisfy the following criteria: (a) the Affordable Units shall be reasonably dispersed within the Project, with unit locations comparable to those of the market-rate units, subject to review and approval by the community development director; (b) the number of bedrooms in the Affordable Units shall be comparable to the average number of bedrooms in the market-rate units; (c) the interior finishes and amenities of the Affordable Units may not differ from those provided in the base model market-rate units; (d) the exterior appearance of the Affordable Units shall be compatible with that of market-rate units; DocuSign Envelope ID: 3CDABFFF-97BE-4E2F-B6E0-5966DA2CECC9 237 of 478
Exhibit F-2
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and (e) residents of the Affordable Units shall have access to all common areas and amenities of the Project comparable to residents of market-rate units.

4. Income Limits. Household incomes for Affordable Units will be determined based on the standards and requirements in the San Bruno Municipal Code.

5. Mechanism For Assuring Affordability of the Affordable Units. The Affordable Units will be subject to an Affordable Housing Agreement that will require the imposition of resale restrictions upon sale of the homes to ensure that the Affordable Units remain affordable for the term of the affordability restrictions (as set forth in Section 2 above).

6. Determination of Eligibility for Affordable Units. The Affordable Units will be managed by Developer or City’s third-party provider, and City shall determine eligibility for qualified residents and administer affordability criteria.

7. Conceptual Plan for Initial Sales. Developer will coordinate with the City of San Bruno and County of San Mateo Department of Housing to advertise the Affordable Units as available and to identify qualified residents, including posting on SMCHousingSearch.org and providing information to local non-profit groups. To the extent permitted by state and federal law, preferences will be given to those households where at least one member in the household lives or works in San Bruno or works for a school district serving the residents of the City, except for those deemed ineligible pursuant to the conflict of interest provisions of Municipal Code Section 12.230.080.C.3.

8. Modifications to Affordable Housing Plan. This Affordable Housing Plan may be refined, modified, or amended pursuant to the process for “Administrative Project Amendments” and “Major Project Amendments” (as such terms are defined in the Development Agreement), as applicable, set forth in Section 8.2 of the Development Agreement.

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BKF ENGINEERS
255 Shoreline Drive, Suite 200, Redwood City, CA 94065 | 650.482.6300 June 8, 2022
BKF No 20120185
Glenview Terrace Construction Staging Narrative
Construction of the proposed Glenview Terrace development will occur over several phases as outlined below and shown in the Preliminary Construction Staging Exhibit by BKF Engineers dated 06/06/2022. The project will occur in one continuous operation spanning approximately 26 to 32 months.

Phase 1: Mobilization
· Erect construct fencing
· Establish site BMP’s to remain throughout the duration of construction. BMP’s include but are not limited to a construction entrance, fiber rolls/silt fence, and concrete washout area · Site access will be off of San Bruno Avenue, with additional access onto Glenview Drive for emergencies · Temporary Power
Phase 2: Site Demolition
· Demolish hardscape/buildings to be removed
· Remove and properly dispose of all debris in accordance with the haul route Phase 3: Rough Grading
· Slope remediation and repair as directed by the project geotechnical engineer · Rough grading of roads/building pads
· Establishment of staging/materials storage area
· Perimeter site walls
· Biotreatment areas
Phase 4: Horizontal Construction
· Underground utilities
· Roads/Parking
· Sidewalks
Phase 5: Vertical Construction
· Building pads/foundation
· Building framing/construction
Phase 6: Fine Grading
· Hardscape/landscape for individual lots
· Lot grading
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2 5
5 S
H
O

RELINE D
RIVE S
UITE 200
RED
W
O
O
D
CIT
Y, C
A
94065
(650) 4
8 2-6
300
www.b
kf.co
m
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Glenview Terace
APNs: 019-042-150, 019-042-160, and 019-042-170
Subject Site
Attachment 11: Site Location
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Subject Property (looking NE from the corner Glenview Drive and San Bruno Ave.) Attachment 11: Photographs
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Subject Property (Looking North from San Bruno Ave.)
Attachment 11: Photographs
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Subject property, 850 Glenview Drive (Peace Lutheran Church) Attachment 11: Photographs
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Adjacent home to the north at 880 Glenview Drive
Attachment 11: Photographs
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Vacant Caltrans property at the corner of San Bruno Ave. and Glenview Drive Attachment 11: Photographs
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Lower section of Caltrans lot on Glenview Drive
Attachment 11: Photographs
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Lunardi’s Market on the SE corner at 2801 San Bruno Ave.

Attachment 11: Photographs
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Gas Station on the SW corner at 2901 San Bruno Ave.

Attachment 11: Photographs
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Pacific Ocean Francisco San Bay
Bay
San Pablo
Suisun
Bay
09-25-20
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DATE SIGNED: 8/8/16
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OH OH OH
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OH OH OH
OH
OH
OH
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DATE SIGNED: 8/8/16
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DATE SIGNED: 8/8/16
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A
C8.0
BC8.0
SL
SL
SL SL
A
C8.0
C
C8.0
C
C8.0
DATE SIGNED: 8/8/16
X
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A
C8.0
SL
SL
SL
SL
SL
BC8.0
A
C8.0
C
C8.0
C
C8.0
DATE SIGNED: 8/8/16
X
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SL

SL SL OH OH OH
DATE SIGNED: 8/8/16
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SL
SL
SL
SL
SL
OH OH
SL
OH
OH
OH
OH
DATE SIGNED: 8/8/16
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SL
SL
SL OH
OH
OH
SCALE: 1" = 10' HORIZ.
1" = 10' VERT.

DATE SIGNED: 8/8/16
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SCALE: 1" = 10' HORIZ.
1" = 10' VERT.

DATE SIGNED: 8/8/16
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DATE SIGNED: 8/8/16
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DATE SIGNED: 8/8/16
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PL PL
PL
PL
PL
DATE SIGNED: 8/8/16
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DATE SIGNED: 8/8/16
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DESCRIPTION
SHEET NO.

REVISION NUMBER:

SHEET OF REV DATE
PLOT DATE:

UTILITY DESIGN & CONSULTING - APPLICANT DESIGN - STREET LIGHTING P.O. BOX 737
ALAMO, CA 94507
PHONE: 925-820-8502 - FAX: 925-820-8407

GLENVIEW TERRACE

SAN BRUNO CALIFORNIA
20-1171KSNKKS1"=30'09/22/20
INT1
1 1
0 09/22/20
MANAGER IN OUR OFFICE @ 925-820-8502

DISCREPANCIES, PLEASE CONTACT THE PROJECT
MATCH YOUR CURRENT DESIGN. IF THERE ARE
NOTE:

PLEASE VERIFY THE SERVICE POINTS ON THIS PLAN
NOTE:

NOT FOR CONSTRUCTION
-PRELIMINARY PLANSNORTH
AT&T
(TYPICAL)
3) CONTRACTOR TO INCLUDE COST OF TRANSITIONS IN VAULT

TRENCH TRANSITION DETAIL
TO VAULTS AS REQUIRED BY EACH UTILITY.
1) CONTRACTOR TO EXCAVATE TRANSITIONS FROM MAIN-LINE TRENCH 2) TRANSITIONS NOT SHOWN ON COMPOSITE DRAWING FOR CLARITY.

EXCAVATION COST.

P.G.& E. CATV
BEND IS 60' RADIUS WITH AN ANGLE OF 10°. USE 2-5 COUPLINGS WITH 1-5' CONDUIT SECTION FOR EACH BEND SHOWN.

BEND IS 30' RADIUS WITH AN ANGLE OF 15°. USE 3-5 COUPLINGS WITH 2-2 1/2' CONDUIT SECTIONS FOR EACH BEND SHOWN.

TYPICAL P.G.&E. PRIMARY BOX EXCAVATION USING CONDUIT
"A" BEND "A" BEND
"B" BEND
3' x 5'

PRIMARY BOX SIZE
4'-6" x 8'-6"
3' x 5'
4'-6" x 8'-6"

PRIMARY BOX SIZE
X
"B" BEND
DISTANCE (when conduit enters "A")
DISTANCE (when conduit enters "B")
24' 7' 5'
"X" "Y" "Z"
"X" "Y"
32'
32'
"Z"
7'
5'
11'
7'
24' 11' 7'

JOINT TRENCH
Y X
Z
* THESE SECTIONS MAY OR

MAY NOT CONTAIN SECONDARY

SECTION
W
J
V
U
L
O
N
M
K
T
S
R
Q
P
I
G*
F*
E*
D*
H*
C*
B*
A*

G T C S P OTHER
X
X X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
XX
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X X
X
X
X X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X

GOVERNING AGENCIES' STANDARDS AND SPECIFICATIONS

JOINT TRENCH CONTRACTOR SHALL COMPLY WITH LOCAL

MINIMUM BACKFILL REQUIREMENTS

DISTRIBUTION SERVICE

MINIMUM SEPARATION AND CLEARANCE REQUIREMENTS (INCHES)
*MUST BE CONSIDERED A 'UTILITY' AS DEFINED IN UTILITY STANDARD S5453, "JOINT TRENCH."
**FOR EXCEPTIONS, REFER TO G.O. 128 RULE, SECTION B, ITEMS (1) AND (2). *
12"
6"
12"
G 6" T C S P

COVER CANNOT BE MAINTAINED,
MIN. COVER REQUIRED. IF MIN.

P.G.&E. AND CITY INSPECTOR TO DETERMINE METHOD OF CROSSING. * = WIDTH PER SIZE & NUMBER OF EACH UTILITY.
12" MIN. 12" MIN.

IN TRACT
JOINT TRENCH OVER WATER & S.S. & S.D.
1'

PER FIELD CONDITIONS

PER UTILITY COMPANY PER UTILITY COMPANY

PROPOSED GRADE

IN TRACT
JOINT TRENCH UNDER WATER & S.S. & S.D.
*
6" 6"
12" 12"

G T C S P
OR
S.S. ORW
S.D.

S.D. OR
S.S. ORW 12" MIN. 12" MIN.

PROPOSED GRADE
30" COVER PER FIELD CONDITIONS 30" COVER

PER UTILITY COMPANY PER UTILITY COMPANY
1'
P S
G C T
P S
G C T
S P
T C G
S P
T C G

PLANNING FOR AN ACCEPTABLE SOLUTION

CONSULT WITH PG&E ENGINEERING AND

VICINITY MAP - NOT TO SCALE

SYMBOL LEGEND

PROPOSED DISTRIBUTION TRENCH

GAS TIE-IN PIT (SIZE AS NOTED)

PROPOSED SERVICE TRENCH
50"X 52" PAD MOUNT TRANSFORMER
M 100A, 120/240V, SINGLE PHASE METERED

PEDESTAL FOR PRIVATE STREET LIGHTING
382 of 478

DESCRIPTION
SHEET NO.

REVISION NUMBER:

SHEET OF REV DATE
PLOT DATE:

UTILITY DESIGN & CONSULTING - APPLICANT DESIGN - STREET LIGHTING P.O. BOX 737
ALAMO, CA 94507
PHONE: 925-820-8502 - FAX: 925-820-8407

GLENVIEW TERRACE

SAN BRUNO CALIFORNIA
20-1171KSNKKS1"=30'09/22/20
SL1
1 1
0 09/22/20
NORTH

VICINITY MAP - NOT TO SCALE

STREET LIGHT LEGEND

PRIVATE POST TOP

PUBLIC POST TOP

PUBLIC COBRA ARM STREET LIGHT
#3 1/2 SPLICE BOX
M 100A, 120/240V, SINGLE PHASE METERED

PEDESTAL FOR PRIVATE STREET LIGHTING
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12B
E11
9F
8F
7B
6 2
B
B
1H
3B
4A 13A 10A
p
’
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19D18F 14A 27 26 29 28
15 20 21
A
D
B
G
J
I
DD 2223C 16
J 17
J 25B 24A
5 J
p
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p
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p

FENCING / WALL FINISHES

SITE FURNISHINGS

LANDSCAPE MATERIALS
Type ‘1’ Fence
Material: redwood
Pattern: overlapping boards
Height: see sheet A11.2, detail 1
Type ‘2’ Fence
Manufacturer: ameristar
Model: montage
Style/Color: majestic, black
Height: see sheet A11.2, detail 2
Type ‘3’ Fence
Manufacturer: ameristar
Model: montage
Style/Color: majestic, black
Height: see sheet A11.2, detail 3
Type ‘4’ Fence
Manufacturer: ameristar
Model: montage
Style/Color: majestic, black
Height: see sheet A11.2, detail 4
Type ‘5’ Fence
Material: redwood
Pattern: overlapping boards
Height: see sheet A11.2, detail 5
Stucco
Manufacturer: kelly-moore
Color: gettysburg gray
Finish: light texture
Patio Permeable Pavers
Manufacturer: unilock
Model: eco-priora
Color: natural, standard finish
Pattern: herringbone
Decomposed Granite
Color: california gold
Picnic Table
Manufacture: dumor
Model: table 75, embedment
Material: douglas fir
Finish/Color: black powder coat
Bench
Manufacturer: dumor
Model: bench 56
Material: douglas fir
Finish/Color: black powder coat
Barbeque
Manufacturer: outdoor creations
Model: 300A with lid
Material: concrete
Color: sandstone
Pedestrian Light
Manufacturer: holophane
Model: washington postlite 2 LED
acrylic w/ photocell
Landscape Boulders
Source: lyngso garden materials
Style: sierra natural
Size: medium to large
PAVING
Cultured Ledge Stone Cap
Manufacturer: cultured stone
Model: flagstone sloped cap
Style/Color: taupe
Stone Veneer
Manufacturer: cultured stone
Model: country ledge stone
Style/Color: carmel
Headerboard
Material: 2x4 redwood
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p
Arbutus ‘Marina’
Marina Strawberry

TREES SHRUBS / VINE / GROUNDCOVERS
Olea europaea ‘Swan Hill’
Fruitless Olive
Quercus agrifolia
Coast Live Oak

BIORETENTION AREA
Cistus purpureus
Rockrose Spp.

Cistus skanbergii
Rockrose Spp.

Dietes bicolor
Fortnight Lily
Myrsine africana
African Boxwood
Nandina domestica
Heavenly Bamboo
Phormium tenax ‘ Jack Spratt’
New Zealand Flax
Parthenocissus tricuspidata
Boston Ivy
Coprosma kirkii
Mirror Plant
Lampranthus aurantiacus
Flowering Ice Plant
Myoporum parvifolium
Myoporum
Arctostaphylos densiflora ‘Mc Minn’
Manzanita
Heteromeles arbutifolia
Toyon
Rhamnus californica
Coffeeberry
Mulenbergia rigens
Deer Grass
Juncus patens
Blue Rush
Chondropetalum tectorum
Cape Rush
Deschampsia cespitosa
Tufted Airgrass
Rosmarinus officianalis ‘ Prostratus’
Rosemary

PLANT PALETTE
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RESOLUTION NO. 2022 - 02

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN

BRUNO RECOMMENDING THAT THE CITY COUNCIL ADOPT A MITIGATED

NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM FOR

DEVELOPMENT OF THE GLENVIEW TERRACE PROJECT
(APNs: 019-042-150, 019-042-160, AND 019-042-170)
WHEREAS, New Shidai Development, LLC ("Applicant") is the owner of that certain

3.28 acre site located at 850 Glenview Drive and 2880 and 2890 San Bruno Avenue W. in the City of San Bruno and more particularly described as Assessor’s Parcel Numbers 019- 042-150, 019-042-160, and 019-042-170 (the "Property"); and WHEREAS, Applicant desires to develop on the Property the Glenview Terrace Residential Subdivision Project, which consists of a residential subdivision of 29 single-family homes with associated roadways and infrastructure (the "Project"); and WHEREAS, in order to develop the Project, Applicant has submitted an application to the City of San Bruno for approval of the following: (1) an amendment to the San Bruno General Plan to change the land use designation of a portion of the Property from Low Density Residential to Medium Density Residential; (2) an amendment to the Zoning Ordinance to change the zoning district of a portion of the Property from Single Family Residential (R-1) to Planned Development (P-D) and amend the existing P-D District; (3) a Development Plan for the Property; (4) a Planned Development Permit; (5) a Vesting Tentative Map merging the existing three lots and subdividing the Property into 29 singlefamily parcels and common area parcels (6) and a Development Agreement and Affordable Housing Plan; and
WHEREAS, pursuant to §15074 of the California Environmental Quality Act (CEQA) and Implementing Guidelines, an Initial Study and Draft Mitigated Negative Declaration, dated April 2021, have been prepared by Raney Planning & Management, Inc. and, based on the type and intensity of land uses identified with the Project and the information contained therein, the Initial Study and Draft Mitigated Negative Declaration conclude that the Project, with the proposed mitigation measures, would not have a significant adverse effect on the environment; and
WHEREAS, the IS/MND identified that: the Project will have no or less than significant impacts on Aesthetics, Agriculture and Forestry Resources, Biological Resources, Energy, Greenhouse Gas Emissions, Hydrology and Water Quality, Land Use and Planning, Mineral Resources, Population and Housing, Public Services, Recreation, Transportation, Tribal Utilities and Service Systems, and Wildfire; the Project’s impacts on Air Quality, Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, and Noise are potentially significant but that all such impacts can be reduced to levels of insignificance by implementation of the mitigation measures identified in the IS/MND; and DocuSign Envelope ID: 026A77FD-64F3-4BA3-B27F-56FA576E7C6F 391 of 478
WHEREAS, pursuant to CEQA Guideline §15074, the City, as the lead agency for the Project, posted a Notice of Intent on the City's website, filed the Notice of Intent with the County Clerk for posting, directly mailed the Notice of Intent to public agencies through the State Clearing House (SCH # 2021040782) and requesting parties, and provided copies of the Initial Study/Mitigated Negative Declaration to the public for review and comment for a thirty (30) day period beginning May 3, 2021 and ending June 2, 2021; and WHEREAS, the City did not receive any public comments from the public or other interested agencies regarding the Initial Study/Mitigated Negative Declaration on or before the close of the public review period on May 3, 2021; and WHEREAS, in connection with the approval of a project involving the preparation of an initial study/mitigated negative declaration that identifies one or more potentially significant environmental effects, CEQA requires the decision-making body of the lead agency to incorporate feasible mitigation measures that would reduce those potentially significant environment effects to a less-than-significant level; and WHEREAS, pursuant to CEQA Guideline §15074, whenever a lead agency approves a project requiring the implementation of measures to mitigate or avoid potentially significant effects on the environment. CEQA also requires a lead agency to adopt a mitigation monitoring and reporting program to ensure compliance with the mitigation measures during project implementation. A copy of the Mitigation Monitoring and Reporting Program ("MMRP") for the Project, which defines the measures which would be imposed on the Project to mitigate or avoid potentially significant environmental impacts, is attached hereto as Exhibit "B" and incorporated herein by reference; and WHEREAS, a link to the copy of the Initial Study/Mitigated Negative Declaration is set forth on Exhibit "A" and incorporated herein by reference; and WHEREAS, on April 19, 2022, the Planning Commission considered the Initial Study and Draft Mitigated Negative Declaration, public comments and responses, the application of all mitigation measures and a proposed Mitigation Monitoring Program.

NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of San Bruno, based on facts in the staff reports, written and oral testimony, and exhibits presented:

1. That the Planning Commission has independently reviewed and analyzed the Initial Study/Mitigated Negative Declaration and other information in the record and has considered the information contained therein prior to acting upon or approving the Project. Based on all evidence in the administrative record for the Project, the Board hereby makes the following specific findings:
a. The Initial Study/Mitigated Negative Declaration prepared for the Project has been completed in compliance with CEQA and the CEQA Guidelines.

DocuSign Envelope ID: 026A77FD-64F3-4BA3-B27F-56FA576E7C6F 392 of 478
b. The Initial Study/Mitigated Negative Declaration prepared for the Project contains a complete and accurate reporting of the environmental impacts associated with the Project.
c. The Commission has considered the Initial Study/Mitigated Negative Declaration, together with all comments received during the public review process.
d. The Initial Study/Mitigated Negative Declaration represents the independent judgment and analysis of the city as lead agency for the Project.
e. The Project will not result in a significant effect upon the environment because the mitigation measures described in the MMRP have been added to the Project as a condition of approval.
f. Based on its review of the whole record before it, there is no substantial evidence in the record supporting a fair argument that the Project will have a significant effect on the environment.

2. Based upon the Draft Mitigated Negative Declaration and comments and testimony received, the Planning Commission hereby finds that there is no substantial evidence that the Project, as mitigated, will have a significant effect on the environment.

3. The Planning Commission hereby recommends that the San Bruno City Council adopt the Draft Mitigated Negative Declaration attached hereto as Exhibit A and the Mitigation Monitoring Program attached hereto as Exhibit B.

4. The Secretary of the City of San Bruno Planning Commission is hereby directed to forward to the City Council a certified copy of this resolution together with an attested copy.

Date Planning Commission Chair

ATTEST APPROVED AS TO FORM
Planning Commission Secretary City Attorney
DocuSign Envelope ID: 026A77FD-64F3-4BA3-B27F-56FA576E7C6F 5/2/2022
5/3/2022 5/3/2022
393 of 478
-o0oI, Michael Laughlin, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the Planning Commission of the City of San Bruno this 19
th day of April 2022 by the following vote:

AYES Commissioners: Harman, Biasotti, Johnson, Lethin, Morgan NOES Commissioners:

ABSENT Commissioners: Madden, Durazo
RECUSED Commissioners
DocuSign Envelope ID: 026A77FD-64F3-4BA3-B27F-56FA576E7C6F 394 of 478
Exhibit A
Initial Study and Draft Mitigated Negative Declaration

GLENVIEW TERRACE PROJECT

SAN BRUNO, CA

INITIAL STUDY
AND

DRAFT MITIGATED NEGATIVE DECLARATION
April 2021
Prepared by:

Raney Planning and Management, Inc.
1501 Sports Drive, Suite A
Sacramento, CA 95834
Full Initial Study and Mitigated Negative Declaration was included in the Planning Commission Packet, and is available at the City of San Bruno Community Development Department for review. The Initial Study and Negative Declaration can also be found on the city’s website: https://www.sanbruno.ca.gov/605/Glenview-Terrace DocuSign Envelope ID: 026A77FD-64F3-4BA3-B27F-56FA576E7C6F 395 of 478
Exhibit B
Mitigation Monitoring and Reporting Program (MMRP)
DocuSign Envelope ID: 026A77FD-64F3-4BA3-B27F-56FA576E7C6F 396 of 478
Glenview Terrace Project
Mitigation Monitoring and Reporting Program
June 2021
The California Environmental Quality Act (CEQA) and CEQA Guidelines require Lead Agencies to adopt a program for monitoring the mitigation measures required to avoid the significant environmental impacts of a project. The Mitigation Monitoring and Reporting Program (MMRP) ensures that mitigation measures imposed by the City are completed at the appropriate time in the development process.

DocuSign Envelope ID: 026A77FD-64F3-4BA3-B27F-56FA576E7C6F 397 of 478
8 MITIGATION MONITORING AND REPORTING PROGRAM

Portable equipment over 50 horsepower must have either a valid District Permit to Operate (PTO) or a valid statewide Portable Equipment Registration Program (PERP) placard and sticker issued by CARB.

Conformance with the foregoing requirements shall be included as notes and be confirmed through review and approval of grading plans by the City of San Bruno Community Development Department.

Prior to approval of any grading plans City of San
Bruno
Community
Development
Department
IV-1. Prior to grading of the site, three properly-timed, focused surveys shall be conducted on the site in April, June, and September by a qualified botanist or plant ecologist to determine whether the project would significantly impact populations of robust Prior to grading of the site San Bruno
Community
Development
Department
DocuSign Envelope ID: 026A77FD-64F3-4BA3-B27F-56FA576E7C6F 398 of 478
9 MITIGATION MONITORING AND REPORTING PROGRAM

Compensation. If the project cannot be designed to avoid significant impacts to special-status plant populations, then the following compensatory measures shall be implemented.

Development of an On-site or Off-site Restoration Plan.

If the project cannot be designed to avoid significant impacts to special-status plants (as discussed above), then an onsite or offsite restoration plan shall be developed for the
significantly impacted species by a qualified botanist or plant ecologist and approved by the City and the California
California
Department of
Fish and
Wildlife (if
impacts to
special-status
plants cannot
be avoided)
DocuSign Envelope ID: 026A77FD-64F3-4BA3-B27F-56FA576E7C6F 399 of 478
10 MITIGATION MONITORING AND REPORTING PROGRAM

A proposed onsite restoration program shall be monitored for a period of five years from the date of site grading. The restoration plan shall contain the following:
• Identification of appropriate locations either on-site or off-site as determined by the botanist or plant
ecologist (i.e., areas with suitable soils, aspect,
hydrology, etc.) to restore lost plant populations.
• A description of the propagation and planting
techniques to be employed in the restoration effort.

Perennial plants to be impacted by site grading shall
be salvaged and raised in a greenhouse for eventual
transplanting within the restoration areas. Annual
plants can best be established by collecting seeds of
on-site plants prior to project implementation and
then directly seeding into suitable habitat on the
conservation area.
• A timetable for implementation of the restoration
plan.
• A monitoring plan and performance criteria.
• A description of remedial measures to be performed
in the event that initial restoration measures are
unsuccessful in meeting the performance criteria.
• A description of site maintenance activities to follow restoration activities. Restoration activities may
include weed control, irrigation, and control of
herbivory by livestock and wildlife.

Development of an Off-site Mitigation Plan. If an on-site restoration plan is not feasible, mitigation for impacted DocuSign Envelope ID: 026A77FD-64F3-4BA3-B27F-56FA576E7C6F 400 of 478
11 MITIGATION MONITORING AND REPORTING PROGRAM

A qualified botanist or plant ecologist shall prepare a Preservation Plan for the site containing the following elements:
• A monitoring plan and performance criteria for the
preserved plant population.
• A description of remedial measures to be performed
in the event that performance criteria are not met.
• A description of maintenance activities to be
conducted on the site including weed control, trash
removal, irrigation, and control of herbivory by
livestock and wildlife.

The project proponent shall be responsible for funding the development and implementation of any on-site or off-site plan.

Purchase of Suitable Mitigation Bank Credits. To the
knowledge of Live Oak Associates, mitigation banks do not currently exist that provide mitigation credits for any of the special-status plant species having potential to occur on the site; however, should mitigation bank credits become
available, then the purchase of credits shall be considered an acceptable option to mitigate significant impacts. Proof of DocuSign Envelope ID: 026A77FD-64F3-4BA3-B27F-56FA576E7C6F 401 of 478
12 MITIGATION MONITORING AND REPORTING PROGRAM

GLENVIEW TERRACE PROJECT
Project Mitigation Measure Implementation Schedule
Monitoring
Agency Sign-Off
mitigation bank credits shall be provided to the City prior to issuance of grading permits.

IV-3(b). If an active nest is not identified during pre-construction surveys within 50 feet of construction zones, further mitigation shall not be required. Identified nests shall be avoided, where possible. If avoidance is not possible, the nest(s) shall be manually deconstructed by a qualified biologist when helpless young are 14 days prior to the onset of construction
activities within 50 feet of construction
zones
If an active nest is identified during preconstruction surveys San Bruno
Community
Development
Department
San Bruno
Community
Development
Department
DocuSign Envelope ID: 026A77FD-64F3-4BA3-B27F-56FA576E7C6F 402 of 478
13 MITIGATION MONITORING AND REPORTING PROGRAM

GLENVIEW TERRACE PROJECT
Project Mitigation Measure Implementation Schedule
Monitoring
Agency Sign-Off
not present, typically during the non-breeding season (October through January).

IV-4(b). A daytime survey for bats shall be conducted by a qualified biologist to determine if the potentially suitable habitat identified during the habitat assessment is occupied. The survey shall be conducted visually using binoculars in some cases, and
depending on potential suitability and quality of the roosting habitat, a boom truck or other man lift may be used to access higher areas such as trees. Although daytime surveys may occur any time of year, for any areas that cannot be surveyed directly (e.g., ceiling panels, tree cavities, etc.), an emergence survey may be required. Given that a false-negative finding can occur if emergence surveys are conducted in overwintering months, emergence surveys shall be conducted during times of the year when bats are volant (March 1 through October 15). Emergence surveys occur when bat species emerge from their roosts for the night; this typically includes some time before dark and up to a Prior to tree removal or building removal
Emergency survey shall be conducted
during March 1 through October 15
San Bruno
Community
Development
Department
San Bruno
Community
Development
Department
DocuSign Envelope ID: 026A77FD-64F3-4BA3-B27F-56FA576E7C6F 403 of 478
14 MITIGATION MONITORING AND REPORTING PROGRAM

If construction is scheduled to commence
between February 1 and August 31, then a
pre-construction survey shall be conducted
within 14 days of the on-set of construction
San Bruno
Community
Development
Department
DocuSign Envelope ID: 026A77FD-64F3-4BA3-B27F-56FA576E7C6F 404 of 478
15 MITIGATION MONITORING AND REPORTING PROGRAM

2. Install protection around all trees to be preserved. The project’s security fence shall serve as tree protection fencing.

Grading plans shall be submitted to the City of San Bruno Community Development Department for review and approval.

The measures shall be included in the
grading plans and implemented during
San Bruno
Community
DocuSign Envelope ID: 026A77FD-64F3-4BA3-B27F-56FA576E7C6F 405 of 478
16 MITIGATION MONITORING AND REPORTING PROGRAM

GLENVIEW TERRACE PROJECT
Project Mitigation Measure Implementation Schedule
Monitoring
Agency Sign-Off

1. Any grading, construction, demolition, or other work that is expected to encounter tree roots shall be monitored by the Consulting Arborist.

2. If injury should occur to any tree during construction, the tree shall be evaluated as soon as possible by the Consulting Arborist so that appropriate treatments can be applied.

3. Any additional tree pruning needed for clearance during construction shall be performed by a qualified arborist and not by construction personnel.

A tree replacement plan shall be submitted
in conjunction with improvement plans
San Bruno
Community
Development
Department
V-1. If any prehistoric artifacts, or other indications of cultural deposits are found once ground disturbing activities are underway, all work within the place of discovery shall be halted within 100 feet of the find, the Community Development Department shall be notified, and the find(s) shall be immediately evaluated by an archaeologist meeting the Secretary of the Interior's Professional Qualifications Standards in prehistoric or historical archaeology, as appropriate, to evaluate the finds at the expense of the developer. If the resource is determined to be eligible for inclusion in the California Register of Historical Resources and project impacts cannot be The language of this mitigation measure
shall be included on any future grading
plans, utility plans, and improvement
drawings
San Bruno
Community
Development
Department
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17 MITIGATION MONITORING AND REPORTING PROGRAM

V-2. In the event of the accidental discovery or recognition of any human remains, the City shall be notified and further excavation or disturbance of the find or any nearby area reasonably suspected to overlie adjacent human remains shall not occur until compliance with the provisions of CEQA Guidelines Section 15064.5(e)(1) and (2) has occurred. The Guidelines specify that in the event of the discovery of human remains other than in a dedicated cemetery, no further excavation at the site or any nearby area suspected to contain human remains shall occur until the County Coroner has been notified to determine if an investigation into the cause of death is required. If the Coroner determines that the remains are Native American, then, within 24 hours, the Coroner must notify the Native American Heritage Commission, which in turn will notify the Most Likely Descendants who may recommend treatment of During construction activities San Bruno
Community
Development
Department
County Corner
Native
American
Heritage
Commission (if
the Coroner
determines that
the remains are
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18 MITIGATION MONITORING AND REPORTING PROGRAM

Prior to the issuance of a grading permit City Engineer DocuSign Envelope ID: 026A77FD-64F3-4BA3-B27F-56FA576E7C6F 408 of 478
19 MITIGATION MONITORING AND REPORTING PROGRAM

GLENVIEW TERRACE PROJECT
Project Mitigation Measure Implementation Schedule
Monitoring
Agency Sign-Off
• Hydro-seeding;
• Placement of erosion control measures within drainage ways and ahead of drop inlets;
• The temporary lining (during construction activities) of drop inlets with “filter fabric”;
• The placement of straw wattles along slope contours;
• Use of a designated equipment and vehicle “wash-out”
location;
• Use of siltation fences;
• Use of on-site rock/gravel road at construction access points; and
• Use of sediment basins and dust palliatives.

Prior to issuance of a demolition permit San Bruno
Community
Development
Department
IX-2. If unidentified or suspected contaminated soil or groundwater evidenced by stained soil, noxious odors, or other factors, is encountered during site improvements, work shall stop in the area of potential contamination, and the type and extent of
contamination shall be identified by a Registered Environmental Assessor (REA) or qualified professional. The REA or qualified professional shall prepare a report that includes, but is not limited During site improvements San Bruno
Community
Development
Department
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20 MITIGATION MONITORING AND REPORTING PROGRAM

XIII-1(a). Construction activities shall comply with the San Bruno Municipal Code and shall be limited to the hours of 7:00 AM to 10:00 PM.

During construction activities
Prior to commencement of construction
activities
Prior to commencement of construction
activities
Project
Contractor
Project
Contractor
Director of
Public Works
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21 DocuSign Envelope ID: 026A77FD-64F3-4BA3-B27F-56FA576E7C6F 411 of 478
22 Exhibit C
IS/MND Response to Comments Memo
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23 Glenview Terrace Project
Initial Study/Mitigated Negative Declaration
Responses to Public Comments
The Initial Study/Mitigated Negative Declaration (IS/MND) for the Glenview Terrace Project was circulated for public review from May 3 to June 2, 2021. A total of three comment letters were received in email form during the comment period, and the comment letters are attached at the end of this document. Responses to each of the comment letters are provided below. It should be noted that the CEQA Guidelines do not require the City to prepare official responses to public comments received on the IS/MND; the following responses are provided for informational purposes only.

1. Cory Hicks – May 3, 2021
The comment letter indicates support for the proposed project, and does not identify any inadequacies or deficiencies related to the IS/MND.

However, recognizing that this intersection's operations are already a concern, the City directed DKS Associates, the project’s traffic consultant, to study potential intersection improvements. The analysis showed that the volumes at the DocuSign Envelope ID: 026A77FD-64F3-4BA3-B27F-56FA576E7C6F 413 of 478
24 intersection do not meet the criteria for signalization per the California Manual on Uniform Traffic Control Devices, but that an all-way stop sign control would be warranted. The City's Traffic Safety and Parking committee approved this improvement project at their meeting on June 2, 2021. The intersection improvements will include four-way stop signs enhances by LED, advanced stop warning signs, high-visibility crosswalk and striping, and ADA compliant ramps. The addition of an all-way stop will improve the operations at this intersection from LOS F to LOS B in the AM peak hour and from LOS F to LOS C during the PM peak hour. Furthermore, installation of an all-way stop will improve vehicular, bicycle, and pedestrian safety crossing San Bruno Avenue at this location.

Additionally, it is noted that the traffic count data for the traffic study was collected in May 2019 and, therefore reflects prepandemic conditions.

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1. Cory Hicks – May 3, 2021
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2. Carolyn Gray – May 15, 2021
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3. Douglas Kunze – June 1, 2021
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RESOLUTION NO. 2022-06

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN

BRUNO RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A

DEVELOPMENT AGREEMENT AND AFFORDABLE HOUSING PLAN

BETWEEN THE CITY OF SAN BRUNO AND NEW SHIDAI DEVELOPMENT, LLC, FOR THE GLENVIEW TERRACE RESIDENTIAL PROJECT (DA21-001) (APNs: 019-042-150, 019-042-160, AND 019-042-170)
WHEREAS, California Government Code, Title 7, Chapter 4, Article 2.5 (“Development Agreement Statute”) authorizes the City of San Bruno (“City”) to enter into Development Agreements which will provide certainty, definition and commitment to developers as well as to necessary public improvements required by development; WHEREAS, in order to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs and risks of development, the Legislature of the State of California enacted section 65864 et seq. of the Government Code (the “Development Agreement Statute”) which authorizes a city and a developer having a legal or equitable interest in real property to enter into a binding, longterm development agreement establishing certain development rights in the property; WHEREAS, as authorized by Governmental Code Section 65865(c), the City has adopted City Council Resolution 1986-77 authorizing the execution of Development Agreements and establishing the procedures and requirements for said Development Agreements within the City;
WHEREAS, New Shidai Development, LLC ("Applicant") is the owner of that certain

WHEREAS, the Affordable Housing Plan, attached hereto as Exhibit B, is consistent with Municipal Code Chapter 12.230 “Affordable Housing Program.” The developer will make fifteen percent (15%) of the residential units in the project available at below-market rates to qualifying occupants as further specified in the Affordable Housing Plan. The developer has the right to operate the affordable units as rental units or as for-sale units. If the developer elects to operate the affordable units as rental units, that is an Alternative pursuant to Municipal Code Section 12.230.030 and therefore the Planning Commission recommends that the City Council determine, based on substantial evidence, that: a) the proposed alternative supports adopted Housing Element policies and goals and assists the city in meeting state housing requirements; b) the proposed affordable units comply with the standards in Municipal Code Section 12.230.080, including, without limitation, compliance with Municipal Code Section 12.230.080(B) requiring that the affordable units be made available for occupancy concurrently with the market-rate units; and c) The affordable units will help mitigate the impact of the project on the need for affordable housing.

WHEREAS, in exchange for the substantial Public Benefits of the Project, Owner desires to receive assurances that City shall grant permits and approvals required for the development of the Project over the Project's estimated three-year development horizon, in accordance with procedures provided by law and in this Agreement, and that Owner may proceed with the Project in accordance with the Existing City Laws. In order to effectuate these purposes, the Parties desire to enter into this Agreement; WHEREAS, the proposed Development Agreement is consistent with the San Bruno General Plan, and Zoning Ordinance (as amended by the Project Approvals); WHEREAS, a Notice of Public Hearing was mailed on April 7, 2022, and duly posted in the San Mateo Times on Saturday, April 9, 2022, for consideration of a Planned Development Permit and Tentative Map; and
WHEREAS, the Planning Commission held a Public Hearing on the Development Agreement on April 19, 2022 and on said date, the Public Hearing was opened, held and closed; and
WHEREAS, on April 19, 2022, the Planning Commission adopted Resolution 2022-02 recommending that the San Bruno City Council adopt an Initial Study and Mitigated Negative Declaration (IS/MND), dated April 2021, and Mitigation Monitoring Program prepared by Raney Planning and Management, Inc. to analyze the environmental effects of the proposed project and, based on the type and intensity of land uses identified with the proposed project DocuSign Envelope ID: 026A77FD-64F3-4BA3-B27F-56FA576E7C6F 421 of 478
and the information contained in IS/MND, the project would not have a significant adverse effect on the environment that would not be mitigated by the proposed mitigation measures; and
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of San Bruno, based on facts in the staff reports, written and oral testimony, and exhibits presented:

1. The Planning Commission hereby finds that the proposed Development Agreement is consistent with the requirements of California Government Code, Title 7, and Chapter 4, Article 2.5 and San Bruno City Council Resolution 1986-

77. 2. The Planning Commission hereby recommends that the City Council of the City of San Bruno approve the Development Agreement by and between the City of San Bruno and New Shidai Development, LLC, substantially in the form attached hereto as Exhibit A, subject to minor conforming or technical revisions approved by the City Manager and City Attorney.

3. The Planning Commission hereby finds that the proposed Affordable Housing Plan is consistent with the requirements City’s Affordable Housing Ordinance, Chapter 12.230 of the Code.

4. The Planning Commission hereby recommends that the City Council of the City of San Bruno approve the Affordable Housing Plan for the project, substantially in the form attached hereto as Exhibit B.

Date Planning Commission Chair

ATTEST APPROVED AS TO FORM
Planning Commission Secretary City Attorney
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5/3/2022 5/3/2022
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-o0oI, Michael P. Laughlin, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the Planning Commission of the City of San Bruno this 19
th day of April 2022 by the following vote:

AYES Commissioners: Harman, Biasotti, Johnson, Lethin, Morgan NOES Commissioners:

ABSENT Commissioners: Madden, Durazo
RECUSED Commissioners
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Exhibit A
Planning Commission Review Copy – Draft Development Agreement DocuSign Envelope ID: 026A77FD-64F3-4BA3-B27F-56FA576E7C6F 424 of 478
Exhibit B
Glenview Terrace Affordable Housing Plan
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RESOLUTION NO. 2022 - 03

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN BRUNO

RECOMMENDING THAT THE CITY COUNCIL APPROVE A GENERAL PLAN

AMENDMENT, A ZONING ORDINANCE AMENDMENT, AND APPROVE A

DEVELOPMENT PLAN RELATED TO THE PROPOSED

GLENVIEW TERRACE RESIDENTIAL PROJECT
(APNs: 019-042-150, 019-042-160, AND 019-042-170)
(GPA21-001, PD13-001)
WHEREAS, New Shidai Development, LLC ("Applicant") is the owner of that certain 3.28 acre site located at 850 Glenview Drive and 2880 and 2890 San Bruno Avenue W. in the City of San Bruno and more particularly described as Assessor’s Parcel Numbers 019-042-150, 019-042-160, and 019-042-170 (the "Property"); WHEREAS, Applicant desires to develop on the Property the Glenview Terrace Residential Subdivision Project, which consists of a residential subdivision of 29 singlefamily homes with associated roadways and infrastructure (the "Project"); WHEREAS, in order to develop the Project, Applicant has submitted an application to the City of San Bruno for approval of the following: (1) an amendment to the San Bruno General Plan to change the land use designation of a portion of the Property from Low Density Residential to Medium Density Residential; (2) an amendment to the Zoning Ordinance to change the zoning district of a portion of the Property from Single Family Residential (R-1) to Planned Development (P-D) and amend the existing P-D District; (3) a Development Plan for the Property; (4) a Planned Development Permit; (5) a Vesting Tentative Map merging the existing three lots and subdividing the Property into 29 single-family parcels and common area parcels (6) and a Development Agreement and Affordable Housing Plan; and WHEREAS, Applicant submitted a Development Plan in accordance with the provisions of San Bruno Municipal Code Section 12.96.190(F), the proposed standards of which are summarized in Exhibit B attached hereto;
WHEREAS, in Resolution No. 2022-02, the Planning Commission recommended that the City Council adopt a Mitigated Negative Declaration for the development of the Project, including the General Plan and Zoning Code amendments and Development Plan;
WHEREAS, to achieve consistency between the General Plan and the proposed project, the General Plan must be amended to change the land use classification of Assessor’s Parcel Number 019-042-170 from Low Density Residential to Medium Density Residential; and
WHEREAS, to achieve consistency between the Zoning Code, the General Plan and the proposed project, the Zoning Code must be amended to change the designation of the entire development site from R-1 (Single Family Residential) and P-D (Planned Development) to P-D (Planned Development), and the existing P-D must be amended to allow small lot single family residential uses on the entire project site; and DocuSign Envelope ID: 026A77FD-64F3-4BA3-B27F-56FA576E7C6F 426 of 478
WHEREAS, the General Plan Amendment maintains internal consistency with the 2009 General Plan by advancing Housing Element programs: Program 1-B.

Maintain and expand the supply of small lots and Implementing Policy LUD 5, to allow small-lot single-family housing in new and existing neighborhoods to serve as efficient and compact infill development and as further summarized in Exhibit C; and WHEREAS, the P-D Development Plan standards for the project are summarized in Exhibit B; and
WHEREAS, the P-D District and Development Plan will not become effective until the effective date of the ordinance adopted by the City Council; and WHEREAS, on April 19, 2022, the Planning Commission adopted Resolution 2022-01 recommending that the San Bruno City Council adopt an Initial Study and Mitigated Negative Declaration (IS/MND), dated April 2021, and Mitigation Monitoring Program prepared by Raney Planning and Management, Inc. to analyze the environmental effects of the proposed project and, based on the type and intensity of land uses identified with the proposed project and the information contained in IS/MND, the project would not have a significant adverse effect on the environment that would not be mitigated by the proposed mitigation measures; and WHEREAS, a Notice of Public Hearing was mailed on April 7, 2022, and duly posted in the San Mateo Times on Saturday, April 9, 2022, for consideration of a Planned Development Permit and Tentative Map; and
WHEREAS, the Planning Commission held a Public Hearing on the Vesting Tentative Map on April 19, 2022 and on said date, the Public Hearing was opened, held and closed.

NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of San Bruno, based on facts in the staff reports, written and oral testimony, and exhibits presented:

1. With respect to the General Plan and Zoning Ordinance amendments, the Planning Commission hereby finds:
a. The General Plan Amendment is internally consistent with the 2009 General Plan.
b. The public interest and necessity, convenience and general welfare require adoption of the proposed amendments.

2. With respect to the Development Plan, the Planning Commission hereby finds:
a. The proposed P-D district can substantially be completed within the time schedule submitted by the Developer.
b. Each unit of development, as well as the total development, can exist as an independent development capable of creating an environment of sustained desirability and stability.

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c. The land uses proposed will not be detrimental to the present or potential surrounding uses but will have a beneficial effect which would not be achieved through other districts.
d. The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and increased densities will not generate traffic in such amounts as to overload the street network outside the P-D district. e. Any exceptions from the standard district requirements are warranted by the design of the Project and amenities incorporated in the Development Plan.
f. The area surrounding the development can be planned and zoned in coordination and substantial compatibility with the proposed development and the P-D district uses proposed are in conformance with the general plan, if amended as recommended in this resolution.

3. The Planning Commission hereby recommends that the San Bruno City Council amend the General Plan to change the land use designation of Assessor’s Parcel Number 019-042-170 from Low Density Residential to Medium Density Residential.

4. The Planning Commission hereby recommends that the San Bruno City Council amend the Zoning Map, as described in San Bruno Municipal Code Section 12.136.030, to change the zoning district for the entire development site from R-1 (Single Family Residential) to P-D (Planned Development), and to amend the existing P-D (Planned Development District), to allow small lot single family residential development on the entire project site, consistent with the project’s development plan.

5. The Planning Commission hereby recommends that the San Bruno City Council approve the Development Plan subject to the development standards in Exhibit A.

Date Planning Commission Chair

ATTEST APPROVED AS TO FORM
Planning Commission Secretary City Attorney
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5/3/2022 5/3/2022
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-o0oI, Michael P. Laughlin, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the Planning Commission of the City of San Bruno this 19
th day of April, 2022 by the following vote:

AYES Commissioners: Harman, Biasotti, Johnson, Lethin, Morgan NOES Commissioners:

ABSENT Commissioners: Madden, Durazo
RECUSED Commissioners
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Exhibit A
Glenview Terrace Residential Project
Proposed Zoning Ordinance Amendment
(GPA21-001, PD13-001)
Current Zoning: (R-1) Low-Density Residential
Proposed New Zoning:(P-D) Planned Development District
APNs: 019-042-170, 019-042-160, and 019-042-150
P-D
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Exhibit B
Summary of Development Standards
Proposed Land Use/Zoning:

Medium-Density Residential / Planned Development District (P-D) Permitted Uses:

Single-family dwellings
All other permitted uses in the City’s R-1 Zoning District (Per SBMC §12.96.060) Development Standards:

DEVELOPMENT STANDARDS
Minimum site area 2,300 square feet
Typical lot dimensions 35 feet x 70 feet
Maximum coverage Per SBMC §12.96.060
Maximum coverage by impervious
surface
Per SBMC §12.96.060
Maximum Floor Area Ratio .80
Average percent of slope per SBMC §12.96.060
Minimum Setbacks
Front 15 feet
9 feet to porch
18 feet to garage
Exterior Side 4 feet
Interior Side 4 feet
Rear 10 feet
Maximum Height 35 feet and 2 stories
Impervious surface 80% of lot area
Required Parking 2 garage spaces
2 driveway spaces
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Exhibit C
Findings of General Plan Consistency
The proposed land use and zoning designation of the Glenview Terrace Project is based on the goals, programs and policies found in the City’s General Plan, with development standards tailored to the project, as described in the site plans. The proposed land use and zoning designation meets the intent of the following goals, programs and policies set forth in the City's General Plan:

HOUSING ELEMENT
Program 1-B: Maintain and expand the supply of small lots.

Conserve and expand the city’s supply of small residential lots, where compatible with surrounding neighborhood character.

Program 2-C: Support identified housing opportunities.

Work with property owners and the community to support and encourage the redevelopment of identified opportunity sites into mixed uses with affordable housing components.

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RESOLUTION NO. 2022 - 04

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN BRUNO

RECOMMENDING THE CITY COUNCIL APPROVE A VESTING TENTATIVE MAP FOR THE GLENVIEW TERRACE RESIDENTIAL PROJECT (TM13-001)
(APNs: 019-042-150, 019-042-160, AND 019-042-170)
WHEREAS, New Shidai Development, LLC ("Applicant") is the owner of that certain

NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of San Bruno, based on facts in the staff reports, written and oral testimony, and exhibits presented:

1. With respect to the Vesting Tentative Map, the Planning Commission hereby finds:
a) The proposed vesting tentative map, together with the provisions for its design and improvement, is consistent with the general plan, as amended pursuant to the Planning Commission's recommendation.
b) The real property to be subdivided, and each lot or parcel to be created, is of such character that it can be used safely for building purposes without danger to health or peril from fire, flood, geologic hazard or other menace. c) Each lot or parcel to be created will constitute a buildable site and will be capable of being developed in accordance with the applicable provisions of the zoning code, as amended pursuant to the Planning Commission's recommendation.
d) The site is physically suitable for the type and proposed density of development.
e) The design of the subdivision and improvements, and the type of improvements, is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat or to cause serious public health problems.
f) The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed subdivision.

2. The Planning Commission hereby recommends that the City Council approve the Vesting Tentative Map, subject to the conditions of approval attached hereto as Exhibit A.

3. The Vesting Tentative Map shall not become effective until the effective date of the companion requests for the General Plan and Zoning Code amendments.

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Date Planning Commission Chair

ATTEST APPROVED AS TO FORM
Planning Commission Secretary City Attorney
-o0oI, Michael P. Laughlin, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the Planning Commission of the City of San Bruno this 19
th day of April 2022 by the following vote:

AYES Commissioners: Harman, Biasotti, Johnson, Lethin, Morgan NOES Commissioners:

ABSENT Commissioners: Madden, Durazo
RECUSED Commissioners
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5/3/2022 5/3/2022
435 of 478

EXHIBIT A

CONDITIONS OF APPROVAL

GLENVIEW TERRACE PROJECT

VESTING TENTATIVE MAP
(TM13-001)
I. General Conditions
Community and Economic Development

3. The developer shall indemnify, defend, and hold harmless the city, its officers, employees and agents, from any and all claims and lawsuits from third party(s) involving or related to the city’s consideration and/or approval of the developer’s application for development and shall reimburse the City for all costs and fees associated with the City’s responses to Public Records Act requests related to the application.

4. The signed copy of the conditions of approval shall be photocopied and included as a full size page in the Building Division set of drawings and civil improvement plans.

5. The Developer shall be responsible for the cost of all City reviews and inspections required for all improvements associated with the Development.

7. The Developer shall acquire at Developer’s cost all the off-site easements, right-of-way and land required to construct the development.

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9. The CC&Rs shall be approved by the City prior to recordation of the Final Map and shall be recorded as deed restrictions with the Final Map.

10. Developer shall be responsible for maintaining perimeter walls and fences free of graffiti. Responsibility to maintain the exterior walls graffiti free shall be included in CC&R’s.

San Bruno City CouncilJune 28, 2022

San Bruno City Council
June 28, 2022