Agenda, regular meeting, second session — San Bruno City Council, January 24, 2023 (part 1 of 8)

"The City With a Heart"
Rico E. Medina, Mayor
Tom Hamilton, Vice Mayor
Sandy Alvarez, Councilmember
Marty Medina, Councilmember
Michael Salazar, Councilmember
AGENDA
SAN BRUNO CITY COUNCIL REGULAR MEETING
January 24, 2023
7:00 PM
Consistent with Government Code Section 54953(e), this meeting will be held both in person and virtually.

City Councilmembers and members of the public may attend in person at the San Bruno Senior Center, or by teleconference, via Zoom or telephone. The meeting will be livestreamed at youtube.com/CityofSanBruno and available on CityNet Services local Channel 1 SD | local Channel 10 HD.

IN PERSON*
MEETING LOCATION
San Bruno Senior Center
1555 Crystal Springs Road
San Bruno, CA 94066
*Please turn off all electronic
devices before the start of the
meeting to prevent disruptions*
REMOTE VIA ZOOM or TELEPHONE
Zoom Link: https://sanbrunocagov.zoom.us/j/84961416762? pwd=dkRDWXA0UjgvREpKQ0ZuNk1Zdit1UT09
Phone Line: 16465588656
Webinar ID: 849 6141 6762
Webinar Password: 699401
PUBLIC COMMENT: In person attendees who want to provide public comment, will be asked to fill out a speaker card and turn it into the City Clerk. Virtual attendees can comment by using the “Raise Hand” feature in Zoom to request to speak. For dialin comments press *9 to “Raise Hand” and *6 to unmute.

Public comment may also be emailed to [email protected]. Comments received via email will not be read aloud during the meeting.

ACCESSIBILITY: In compliance with the Americans with Disabilities Act, individuals requiring special accommodations or modifications to participate in this meeting should contact the City Clerk’s Office 48 hours prior to the meeting at (650) 6167061 or [email protected].

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
Public comment will be requested after each topic in this section a. Recognition of February as Black History Month
b. Staff Update on the City’s Response to Late 2022/Early 2023 Winter Storms 1 of 1863

3. PLEDGE OF ALLEGIANCE

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. There will be a single public comment period for all items in this section unless a Councilmember requests to pull an item for a separate vote. a. Approve Accounts Payable for January 9, 2023 and January 17, 2023 b. Accept Payroll for January 1, 2023
c. Receive Written Update on the City’s Response Efforts to COVID19 d. Adopt Resolution Declaring the Continued State of Local Emergency and Need for the City Council and Other Legislative Bodies Subject to the Ralph M. Brown Act to Continue to Teleconference in Order to Ensure the Health and Safety of the Public Pursuant to AB 361
e. Adopt Resolution Authorizing the City Manager to Amend the Agreement With West Coast Arborist, Inc. in an Amount Not to Exceed $201,600, for Removal of Eucalypti on Crystal Springs Road From Donner Avenue, Westbound to the West End of the Recreation and Aquatic Center Construction Site
f. Adopt Resolution Authorizing an Appropriations Adjustment to the FY 202223 Community Services Recreation Division Salary and Benefits Budget From the General Fund Reserves in the Amount of $145,574 to Fund Two Recreation Services Supervisors and Two Recreation Coordinators to Support Operational and Program Readiness for the San Bruno Recreation and Aquatic Center g. Ordinance of the City of San Bruno Amending Title 3 (Revenue and Finance) of the Municipal Code to Increase the Tax Imposed on Cannabis Businesses

7. PUBLIC HEARING(S)
Public comment will be requested after each topic in this section a. Conduct a Public Hearing, Deliberate, and: 1) Adopt an Initial Study/Mitigated Negative Declaration; 2) Adopt a Resolution making findings and overriding the Airport Land Use Commission’s determination of inconsistency with respect to noise policies for San Bruno‘s draft 20232031 Housing Element Update; and 3) Adopt a General Plan Text Amendment to Policy HS40 to Acknowledge the Local Airport Land Use Commission’s (ALUC) Override Process, and Adopt the 2023–2031 Housing Element Update, Replacing the 20152023 Housing Element, with Findings that the Housing Element Substantially Complies with Housing Element Law, and Authorize Staff to Submit the Housing Element to the California Department of Housing and Community Development for Certification

8. CONDUCT OF BUSINESS
Public comment will be requested after each topic in this section a. Review Commercial Cannabis Regulations
b. Introduce, Read by Title Only, and Waive Further Reading of an Ordinance Adding Chapter 2.33 to the San Bruno Municipal Code Adopting Local Contribution Limits for CityCouncilElections
2 of 1863
General Plan Text Amendment to Policy HS40 to Acknowledge the Local Airport Land Use Commission’s (ALUC) Override Process, and Adopt the 2023–2031 Housing Element Update, Replacing the 20152023 Housing Element, with Findings that the Housing Element Substantially Complies with Housing Element Law, and Authorize Staff to Submit the Housing Element to the California Department of Housing and Community Development for Certification

9. COUNCIL COMMITTEE REPORT OUT
Public comment will be requested after each topic in this section

10. COMMENTS FROM COUNCIL MEMBERS
Public comment will be requested after each topic in this section a. Marty Medina:

Agendize a Study Session to Discuss the Repayment of Two Million Dollars to the Measure G Fund in Order to Expand Street Repair Operations

11. ADJOURNMENT – The next Regular City Council Meeting will be held on February 14, 2023 at 7:00 p.m.
3 of 1863
4 of 1863
5 of 1863
6 of 1863
7 of 1863
8 of 1863
9 of 1863
10 of 1863
City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: January 24, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Jovan D. Grogan, City Manager
PREPARED BY: Anh Tran, Management Analyst II
SUBJECT: Payroll Acceptance
City Council acceptance of the City payroll distributed January 6, 2023 is recommended. The Labor Summary report reflecting the total payroll amount of $1,761,203.51 for bi-weekly pay period ending January 1, 2023 by fund is shown below:

Fund Amount
Fund: 001 - GENERAL FUND 1,282,456.84
Fund: 006 - AMERICAN RESCUE PLAN ACT 68,946.53
Fund: 121 - FEDERAL/STATE GRANTS 1,618.69
Fund: 122 - SOLID WASTE/RECYCLE 246.60
Fund: 132 - AGENCY ON AGING 1,329.71
Fund: 137 - DEVELOPER PROJECT CONTRIBUTIONS 2,793.97
Fund: 201 - PARKS AND FACILITIES CAPITAL 652.27
Fund: 203 - STREET IMPROVE. PROJECTS 6,206.70
Fund: 611 - WATER FUND 100,659.33
Fund: 621 - STORMWATER FUND 29,888.24
Fund: 631 - WASTEWATER FUND 101,879.78
Fund: 641 - CITYNET SERVICES FUND 86,682.65
Fund: 701 - CENTRAL GARAGE 14,166.05
Fund: 702 - FACILITY MAINT.FUND 34,815.74
Fund: 707 - TECHNOLOGY DEVELOPMENT 28,860.41
Total: 1,761,203.51
_________________________________ Bobby Magee, Interim Finance Director Date 11 of 1863
City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: January 24, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Jovan D. 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 Jan. 5, 2023, there are a total of 453 cases within the last 30 days in the City of San Bruno and as of Jan. 11, 2023, approximately >95% of San Bruno residents are vaccinated.

There are no City services or operational modifications to report to the City Council.

FISCAL IMPACT: There are no new fiscal impacts to report to the City Council.

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), COVID19 personal protective equipment (PPE) supplies, and initial response and adaptation to remote programming/services.

In total, the City has received Federal Emergency Management Agency (FEMA) reimbursements totaling $31,067. There are approximately $96,316 pending receipt of funds, and another $13,884 in invoices under review by FEMA.

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. 12 of 1863
Honorable Mayor and Members of the City Council
January 24, 2023

Page 2 of 2 ends

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 13 of 1863
Source: https://www.smchealth.org/data-dashboards
(Dashboard screen shots taken on 1/17/2023 @ 5:40 p.m.) ATTACHMENT 1 14 of 1863
Source: https://www.smchealth.org/data-dashboards
15 of 1863
Source: https://www.smchealth.org/data-dashboards
16 of 1863
Source: https://www.smchealth.org/data-dashboards
17 of 1863
City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: January 24, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Jovan D. Grogan, City Manager
PREPARED BY: Jennifer Dianos, Assistant to the City Manager SUBJECT: Adopt Resolution Declaring the Continued State of Local Emergency and Need for the City Council and Other Legislative Bodies Subject to the Ralph M. Brown Act to Continue to Teleconference in Order to Ensure the Health and Safety of the Public Pursuant to AB 361
BACKGROUND: On March 4, 2020, Governor Gavin Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for a broader spread of COVID-19.

On March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20, which suspended certain provisions of the Ralph M. Brown Act to allow local legislative bodies to conduct meetings telephonically or by other means.

Additionally, the State implemented a shelter-at-home order, requiring all nonessential personnel to work from home.

In response to the Executive Order, City of San Bruno staff created Zoom accounts for various departments and underwent training to ensure that City Council meetings could continue safely for the City Council members, City staff, and members of the public. The City Council has conducted virtual meetings since April 2020 and the City’s Commissions, Boards and Committees began meeting virtually in June 2020. The usage for Zoom for public meetings has allowed the City to ensure the public’s continued access to government meetings while also ensuring the public’s safety.

On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which rescinded his prior Executive Order N-29-20 and set a date of October 1, 2021 for agencies to transition back to public meetings held in full compliance with the Ralph M. Brown Act. Since Executive Order N-08-21 was enacted, various COVID-19 variants have emerged, which has resulted in an increase or steady amount of confirmed COVID-19 cases throughout San Mateo County.

Taking these factors into account, the City of San Bruno has continued its public meetings in the virtual setting and wishes to maintain this format to preserve the health and safety of its staff, elected officials and constituents.

AB 361 was signed into law by the Governor on September 16, 2021, went into effect immediately as urgency legislation (codified under Government Code § 54953), and allows local legislative bodies to continue to meet remotely beyond the current executive order’s expiration 18 of 1863
Honorable Mayor and Members of the City Council
January 24, 2023

Page 2 of 3 ends

of September 30, 2021, in any of the following circumstances:
• The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing. • The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. • The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (Government Code § 54953(e)(1)(A)-(C).)
On February 17, 2022, Governor Gavin Newsom lifted several states of emergency that were in place in California but kept the state of emergency for COVID-19 intact. The City of San Bruno state of emergency continues to remain active, as well.

DISCUSSION: City staff have reviewed the provisions as detailed in AB 361, signed into law by Governor Newsom in September 2021, and determined the following findings can be made to meet the above provisions of AB 361:
• The State of California remains under the COVID-19 state of emergency proclaimed by the Governor pursuant to the California Emergency Services Act. • The emergency continues to directly impact the ability of members to meet safely in person.

On October 26, 2021, during a regular meeting, the City Council adopted a resolution making necessary findings so that the City may continue to teleconference public meetings without adhering to all of the Brown Act’s teleconferencing requirements, in order to ensure the health and safety of the public. The public has the ability to attend public meetings by teleconference accessibility via call-in option or an internet-based service option (via the Zoom Webinars platform). Meeting details, including the Zoom link and accessible phone numbers, are listed on the published agenda for each meeting. City staff provides access for public comment during the meeting by participants in the Zoom meeting or by phone in real time. Written public comments are also accepted by email, at [email protected] prior to the meetings, and as detailed on the published agenda.

The City of San Bruno has also made City Council meetings available on the City of San Bruno’s YouTube channel and San Bruno CityNet Services’ local Channel 1.

The City Council may continue to teleconference public meetings under AB 361 if the City Council makes findings every 30 days during the proclaimed state of emergency. AB 361 will sunset on January 1, 2024, or whenever the City Council returns to in-person meetings, whichever occurs first.

FISCAL IMPACT: There is no fiscal impact.
19 of 1863
Honorable Mayor and Members of the City Council
January 24, 2023

Page 3 of 3 ends

RECOMMENDATION: Adopt Resolution Declaring the Continued State of Local Emergency and Need for the City Council and Other Legislative Bodies Subject to the Ralph M. Brown Act to Continue to Teleconference in Order to Ensure the Health and Safety of the Public Pursuant to AB 361
ALTERNATIVES: The City Council may choose to not adopt the resolution or adjust staff’s findings; however, if a resolution is not adopted, the City may not be subject to the Brown Act exemptions that would be allowed under AB 361.

ATTACHMENTS:

1. Resolution

2. Governor's Executive Order N-29-20

3. Governor's Executive Order N-08-21

4. AB 361
20 of 1863
Attachment 1
RESOLUTION NO. 2023 - _____

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN BRUNO DECLARING

THE CONTINUED STATE OF LOCAL EMERGENCY AND NEED FOR THE CITY COUNCIL AND OTHER CITY LEGISLATIVE BODIES SUBJECT TO THE RALPH M.

BROWN ACT TO CONTINUE TO TELECONFERENCE IN ORDER TO ENSURE THE HEALTH AND SAFETY OF THE PUBLIC PURSUANT TO AB 361
WHEREAS, on March 4, 2020, the Governor of California proclaimed a State of Emergency to exist in the State of California as a result of the threat of novel coronavirus disease 2019 (COVID-19); and
WHEREAS, on March 17, 2020, the Governor of California executed Executive Order N-29-20 which suspended and modified specified provisions in the Ralph M. Brown Act (Government Code Section § 54950 et seq.) and authorized local legislative bodies to hold public meetings via teleconferencing and to make public meeting accessible telephonically or otherwise electronically to all members of the public seeking to observe and address the local legislative body; and
WHEREAS, on June 11, 2021, the Governor of California executed Executive Order N-08-21 which extended the provisions of Executive Order N-29-20 concerning teleconference accommodations for public meetings through September 30, 2021; and WHEREAS, the City of San Bruno, including its City Council and all other legislative bodies subject to the Ralph M. Brown Act (“Brown Act Bodies”) have been holding meetings using teleconferencing and virtual meeting technology in an effort to help protect City officials, City staff and the public from COVID-19; and WHEREAS, due to the increase or steady amount of confirmed COVID-19 cases throughout San Mateo County, the City remains cautious and concerned about the health and safety of all individuals who intend to attend public meetings of the City in person; and
WHEREAS, on September 16, 2021, the Governor of California signed into law Assembly Bill 361 (AB 361, Rivas) into law as an urgency measure that went into effect immediately; and
WHEREAS, AB 361 authorizes local legislative bodies to continue to conduct meetings using teleconferencing without complying with the Ralph M. Brown Act’s standard teleconferencing requirements if certain conditions are met; and WHEREAS, AB 361 requires local findings that meeting in person would present an imminent risk to the health and safety of attendees; and WHEREAS, the City desires to continue conducting public meetings of its Brown Act Bodies using teleconferencing as authorized by AB 361. 21 of 1863

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN BRUNO RESOLVES AS FOLLOWS:

1. The City Council hereby finds and determines that the foregoing recitals are true and correct; the recitals are hereby incorporated by reference into each of the findings as though fully set forth therein.

2. In compliance with AB 361, the City Council makes the following findings:
a. The City Council has reconsidered the circumstances of the state of emergency, and the state of emergency remains active; and b. The state of emergency continues to directly impact the ability of the City’s Brown Act Bodies, as well as staff and members of the public, to meet safely in person; and

3. Meetings of the City’s Brown Act Bodies will continue to be conducted via teleconference, pursuant to AB 361.

4. This resolution will be effective upon adoption.
—oOo—
I hereby certify that foregoing Resolution No. 2023 - ____ was adopted by the San Bruno City Council at a regular meeting on January 24, 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:
________________________________
Lupita Huerta
City Clerk
22 of 1863

EXECUTIVE DEPARTMENT

STATE OF CALIFORNIA
EXECUTIVE ORDER N-29-20
WHEREAS on March 4, 2020, I proclaimed a State of Emergency to exist in California as a result of the threat of COVID-19; and
WHEREAS despite sustained efforts, the virus continues to spread and is impacting nearly all sectors of California; and
WHEREAS the threat of COVID-19 has resulted in serious and ongoing economic harms, in particular to some of the most vulnerable Californians; and WHEREAS time bound eligibility redeterminations are required for Medical, CalFresh, CalWORKs, Cash Assistance Program for Immigrants, California Food Assistance Program, and In Home Supportive Services beneficiaries to continue their benefits, in accordance with processes established by the Department of Social Services, the Department of Health Care Services, and the Federal Government; and
WHEREAS social distancing recommendations or Orders as well as a statewide imperative for c ritical employees to focus on health needs may prevent Medi-Cal, CalFresh, CalWORKs, Cash Assistance Program for Immigrants, California Food Assistance Program, and In Home Supportive Services beneficiaries from obtaining in-person eligibility redeterminations; and WHEREAS under the provisions of Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this order would prevent, hinder, or delay appropriate actions to prevent and mitigate the effects of the COVID-19 pandemic.

NOW, THEREFORE, I, GAVIN NEWSOM, Governor o f the State of California, in accordance with the authority vested in me by the State Constitution and statutes of the State of California, and in particular, Government Code sections 8567 and 8571, do hereby issue the following order to become effective immediately:

IT IS HEREBY ORDERED THAT:

1. As to individuals currently eligible for benefits under Medi-Cal, CalFresh, CalWORKs, the Cash Assistance Program for Immigrants, the California Food Assistance Program, or In Home Supportive Services benefits, and to the extent necessary to allow such individuals to maintain eligibility for such benefits, any state law, including but not limited to California Code of Regulations, Title 22, section 50189(a) and Welfare and Institutions Code sections 18940 and 11265, that would require redetermination of such benefits is suspended for a period of 90 days from the date of this Order. This Order shall be construed to be consistent with applicable federal laws, including but not limited to Code of Federal Regulations, Title 42, section 435.912, subdivision (e), as interpreted by the Centers for Medicare and Medicaid Services (in guidance issued on January 30, 2018) to permit the extension of 38 of 206
Attachment 2
23 of 1863
otherwise-applicable Medicaid time limits in emergency situations.

2. Through June 17, 2020, any month or partial month in which California Work Opportunity and Responsibility to Kids (CalWORKs) aid or services are received pursuant to Welfare and Institutions Code Section 11200 et seq. shall not be counted for purposes of the 48-month time limit set forth in Welfare an Institutions Code Section 11454. Any waiver of this time limit shall not be applied if it will exceed the federal time limits set forth in Code of Federal Regulations, Title 45, section 264. l .

3. Paragraph 11 of Executive Order N-25-20 (March 12, 2020) is withdrawn and superseded by the following text:

Notwithstanding any other provision of state or local law (including, but not limited to, the Bagley-Keene Act or the Brown Act), and subject to the notice and accessibility requirements set forth below, a local legislative body or state body is authorized to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body or state body. All requirements in both the Bagley-Keene Act and the Brown Act expressly or impliedly requiring the physical presence of members, the clerk or other personnel of the body, or of the public as a condition of participation in or quorum for a public meeting are hereby waived.

In particular, any otherwise-applicable requirements that (i) state and local bodies notice each teleconference location from which a member will be participating in a public
meeting;
(ii) each teleconference location be accessible to the public; (iii) members of the public may address the body at each teleconference conference location;
(iv) state and local bodies post agendas at all teleconference locations;
(v) at least one member of the state body be physically present at the location specified in the notice of the meeting; and (vi) during teleconference meetings, a least a quorum of the members of the local body participate from locations within the boundaries of the territory over which the local body exercises jurisdiction
are hereby suspended.

A local legislative body or state body that holds a meeting via teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically, consistent with the notice and accessibility requirements set forth below, shall have satisfied any requirement that the body allow 24 of 1863 39 of 206
members of the public to attend the meeting and offer public comment. Such a body need not make available any physical location from which members of the public may observe the meeting and offer public comment.

Accessibility Requirements: If a local legislative body or state body holds a meeting via teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the body shall also:
(i) Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation
from individuals with disabilities, consistent with the Americans with Disabilities Act and resolving any doubt whatsoever in favor of accessibility; and
(ii) Advertise that procedure each time notice is given of the means by which members of the public may observe the
meeting and offer public comment, pursuant to
subparagraph (ii) of the Notice Requirements below.

Notice Requirements: Except to the extent this Order expressly provides otherwise, each local legislative body and state body shall:
(i) Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes
otherwise prescribed by the Bagley-Keene Act or the Brown Act, and using the means otherwise prescribed by the
Bagley-Keene Act or the Brown Act, as applicable; and
(ii) In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public
comment. As to any instance in which there is a change in such means of public observation and comment, or any
instance prior to the issuance of this Order in which the time of the meeting has been noticed or the agenda for the
meeting has been posted without also including notice of such means, a body may satisfy this requirement by
advertising such means using "the most rapid means of
communication available at the time" within the meaning of Government Code, section 54954, subdivision (e); this shall include, but need not be limited to, posting such means on the body's Internet website.

All of the foregoing provisions concerning the conduct of public meetings shall apply only during the period in which state or local public health officials have imposed or recommended social distancing measures.
25 of 1863 40 of 206
All state and local bodies are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the provisions of the Bagley-Keene Act and the Brown Act, and other applicable local laws regulating the conduct of public meetings, in order to maximize transparency and provide the public access to their meetings.

IT IS FURTHER ORDERED that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order.

This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.

IN WITNESS WHEREOF I have
hereunto set my hand and caused
the Great Seal of the State of
California to be affixed this l 7th day
of Marc 2020.

ATTEST:

ALEX PADILLA
Secretary of State
26 of 1863 41 of 206

EXECUTIVE DEPARTMENT

STATE OF CALIFORNIA
EXECUTIVE ORDER N-08-21
WHEREAS on March 4, 2020, I proclaimed a State of Emergency to exist in California as a result of the threat of COVID-19; and
WHEREAS since March 2020, the State has taken decisive and meaningful actions to reduce the spread, and mitigate the impacts, of COVID-19, saving an untold number of lives; and
WHEREAS as a result of the effective actions Californians have taken, as well as the successful and ongoing distribution of COVID-19 vaccines, California is turning a corner in its fight against COVID-19; and
WHEREAS on June 11, 2021, I issued Executive Order N-07-21, which formally rescinded the Stay-at-Home Order (Executive Order N-33-20, issued on March 19, 2020), as well as the framework for a gradual, risk-based reopening of the economy (Executive Order N-60-20, issued on May 4, 2020); and WHEREAS in light of the current state of the COVID-19 pandemic in California, it is appropriate to roll back certain provisions of my COVID-19-related Executive Orders; and
WHEREAS certain provisions of my COVID-19 related Executive Orders currently remain necessary to continue to help California respond to, recover from, and mitigate the impacts of the COVID-19 pandemic, including California's ongoing vaccination programs, and the termination of certain provisions of my COVID-19 related Executive Orders during this stage of the emergency would compound the effects of the emergency and impede the State's recovery by disrupting important governmental and social functions; and WHEREAS under the provisions of Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this Order would continue to prevent, hinder, or delay appropriate actions to prevent and mitigate the effects of the COVID-19 pandemic.

NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes of the State of California, and in particular, Government Code sections 8567, 8571, and 8627, do hereby issue the following Order to become effective immediately:

IT IS HEREBY ORDERED THAT:

The following provisions shall remain in place and shall have full force and effect through June 30, 2021, upon which time they will expire subject to individual conditions described in the enumerated paragraphs below. 43 of 206
Attachment 3
27 of 1863
1) State of Emergency Proclamation dated March 4, 2020:
a. Paragraph 10. Any facility operating under a waiver pursuant to this provision, memorialized in an All Facilities Letter, may operate pursuant to such a waiver through the stated expiration in the All Facilities Letter or September 30, 2021, whichever occurs first; b. Paragraph 11;
c. Paragraph 12; and
d. Paragraph 13.
2) Executive Order N-25-20:
a. Paragraph 1; and
b. Paragraph 7, and as applicable to local governments per Executive Order N-35-20, Paragraph 3. Effective July 1, 2021, the waivers in Executive Order N-25-20, Paragraph 7, and Executive Order N-35-20, Paragraph 3, of reinstatement requirements set forth in Government Code sections 7522.56(f) and (g) are terminated.
3) Executive Order N-26-20:
a. Paragraph l;
b. Paragraph 2;
c. Paragraph 3;
d. Paragraph 5;
e. Paragraph 6; and
f. Paragraph 7.
4) Executive Order N-27-20:
a. Paragraph 1;
b. Paragraph 2; and
c. Paragraph 3.
5) Executive Order N-28-20:
a. Paragraph 3; and
b. Paragraph 6.
6) Executive Order N-31-20:
a. Paragraph l; and
b. Paragraph 2.
7) Executive Order N-35-20:
a. Paragraph 1. Any facility operating under a waiver pursuant to this provision, memorialized in an All Facilities Letter, may operate pursuant to such a waiver through the stated expiration in the All Facilities Letter or September 30, 2021, whichever occurs first; b. Paragraph 4;
c. Paragraph 6. To the extent the Director exercised their authority pursuant to this provision on or before June 30, 2021, the extension shall remain valid until the effective expiration;
28 of 1863 44 of 206
d. Paragraph l0. The State Bar shall receive the time extension in the aforementioned order for any nomination submitted to the State Bar by the Governor on or before June 30, 2021; and
e. Paragraph 11 (as extended and clarified by N-71-20, Paragraph 6).

Claims accruing before June 30, 2021 will remain subject to the 120- day extension granted in the aforementioned orders.
8) Executive Order N-36-20, Paragraph 1. To the extent the Secretary exercised their authority pursuant to this provision, the Secretary shall allow each facility to resume intake in a manner that clears intake backlog as soon as feasible.
9) Executive Order N-39-20:
a. Paragraph 1. Any facility operating under a waiver pursuant to this provision, memorialized in an All Facilities Letter, may operate pursuant to such a waiver through the stated expiration in the All Facilities Letter or September 30, 2021, whichever occurs first; b. Paragraph 4; and
c. Paragraph 7. The leases or agreements executed pursuant to this provision shall remain valid in accordance with the term of the agreement.
l 0) Executive Order N-40-20:
a. Paragraph l. For rulemakings published in the California Regulatory Notice Register pursuant to Government Code section l l 346.4(a)(5) prior to June 30, 2021, the deadlines in the aforementioned order shall remain extended in accordance with the order;
b. Paragraph 2 (as extended and clarified by N-66-20, Paragraph 12, and N-71-20, Paragraph l 0). Notwithstanding the expiration of this provision, state employees subject to these training requirements shall receive the benefit of the 120-day extension granted by the aforementioned orders. All required training due on or before June 30, 2021 must be completed within 120 days of the statutorily prescribed due date;
c. Paragraph 7 (as extended and clarified by N-66-20, Paragraph 13 and N-71-20, Paragraph 11). With regard to appeals received on or before June 30, 2021, the State Personnel Board shall be entitled to the extension in the aforementioned order to render its decision; d. Paragraph 8. To the extent the deadlines specified in Government Code section 22844 and California Code of Regulations, title 2, sections 599.517 and 599.518 fell on a date on or before June 30, 2021 absent the extension, they shall expire pursuant to the timeframes specified in the aforementioned orders;
e. Paragraph 16;
f. Paragraph 17; and
g. Paragraph 20.
11) Executive Order N-45-20:
a. Paragraph 4;
b. Paragraph 8;
c. Paragraph 9; and
29 of 1863 45 of 206
d. Paragraph 12. For vacancies occurring prior to June 30, 2021, the deadline to fill the vacancy shall remain extended for the time period in the aforementioned order.
12) Executive Order N-46-20:
a. Paragraph l; and
b. Paragraph 2.
13) Executive Order N-47-20:
a. Paragraph 2; and
b. Paragraph 3.
14) Executive Order N-48-20, Paragraph 2 (which clarified the scope of N-34- 20).
15) Executive Order N-49-20:
a. Paragraph 1;
b. Paragraph 3. For determinations made on or before June 30, 2021, the discharge date shall be within 14 days of the Board's determination; and
c. Paragraph 4.
16) Executive Order N-50-20, Paragraph 2.
17) Executive Order N-52-20:
a. Paragraph 6;
b. Paragraph 7. To the extent an individual has commenced a training program prior to June 30, 2021, that was interrupted by COVID-19, that individual shall be entitled to the extended timeframe in the aforementioned order; and
c. Paragraph 14; and
d. Paragraph 16.
18) Executive Order N-53-20:
a. Paragraph 3;
b. Paragraph 12 (as extended or modified by N-69-20, Paragraph 10, and N-71-20, Paragraph 27); and
c. Paragraph 13 (as extended or modified by N-69-20, Paragraph 11, and N-71-20, Paragraph 28).
19) Executive Order N-54-20, Paragraph 7. To the extent the date governing the expiration of registration of vehicles previously registered in a foreign jurisdiction falls on or before June 30, 2021, the deadline is extended pursuant to the aforementioned orders.
20) Executive Order N-55-20:
a. Paragraph 1. Statutory deadlines related to cost reports, change in scope of service requests, and reconciliation requests occurring on 30 of 1863 46 of 206
or before June 30, 2021 shall remain subject to the extended deadline in the aforementioned order;
b. Paragraph 4;
c. Paragraph 5;
d. Paragraph 6;
e. Paragraph 8;
f. Paragraph 9;
g. Paragraph 1O;
h. Paragraph 13;
i. Paragraph 14. Statutory deadlines related to beneficiary risk assessments occurring on or before June 30, 2021 shall remain subject to the extended deadline in the aforementioned order; and j. Paragraph 16. Deadlines for fee-for-service providers to submit information required for a Medical Exemption Request extended on or before June 30, 2021 shall remain subject to the extended deadline granted under the aforementioned order.
21) Executive Order N-56-20:
a. Paragraph 1;
b. Paragraph 6;
c. Paragraph 7;
d. Paragraph 8;
e. Paragraph 9; and
f. Paragraph 11.
22) Executive Order N-59-20, Paragraph 6.
23) Executive Order N-61-20:
a. Paragraph 1;
b. Paragraph 2;
c. Paragraph 3; and
d. Paragraph 4.
24) Executive Order N-63-20:
a. Paragraph B(a) (as extended by N-71-20, Paragraph 40). The deadlines related to reports by the Division of Occupational Safety and Health (Cal/OSHA) and the Occupational Safety & Health Standards Board on proposed standards or variances due on or before June 30, 2021 shall remain subject to the extended timeframe;
b. Paragraph B(c). To the extent the date upon which the Administrative Director must act upon Medical Provider Network applications or requests for modifications or reapprovals falls on or before June 30, 2021 absent the extension in the aforementioned order, it shall remain subject to the extended timeframe; c. Paragraph 8(e). To the extent filing deadlines for a Return-to-Work Supplement appeal and any reply or responsive papers fall on or before June 30, 2021, absent the extension in the aforementioned order, they shall remain subject to the extended timeframe; d. Paragraph 9(a) (as extended and modified by N-71-20, Paragraph 39). Any deadline setting the time for the Labor Commissioner to 31 of 1863 47 of 206
issue any citation under the Labor Code, including a civil wage and penalty assessment pursuant to Labor Code section 1741, that, absent the aforementioned order, would have occurred or would occur between May 7, 2020 and September 29, 2021 shall be extended to September 30, 2021. Any such deadline that, absent the aforementioned order, would occur after September 29, 2021 shall be effective based on the timeframe in existence before the aforementioned order;
e. Paragraph 9(b) (as extended and modified by N-71-20, Paragraph 41);
f. Paragraph 9(c) (as extended and modified by N-71-20, Paragraph 39). Any deadline setting the time for a worker to file complaints and initiate proceedings with the Labor Commissioner pursuant to Labor Code sections 98, 98.7, 1700.44, and 2673.1, that, absent the aforementioned order, would have occurred or would occur between May 7, 2020 and September 29, 2021 shall be extended to September 30, 2021. Any such deadline that, absent the
aforementioned order, would occur after September 29, 2021 shall be effective based on the timeframe in existence before the aforementioned order;
g. Paragraph 9(d) (as extended and modified by N-71-20, Paragraph 39). Any deadline setting the time for Cal/OSHA to issue citations pursuant to Labor Code section 6317, that, absent the
aforementioned order, would have occurred or would occur between May 7, 2020 and September 29, 2021 shall be extended to September 30, 2021. Any such deadline that, absent the
aforementioned order, would occur after September 29, 2021 shall be effective based on the timeframe in existence before the aforementioned order;
h. Paragraph 9(e) (as extended and modified by N-71-20, Paragraph 41);
i. Paragraph 1O;
j. Paragraph 12. Any peace officer reemployed on or before June 30, 2021 pursuant to the aforementioned order shall be entitled to the extended reemployment period set forth in the order;
k. Paragraph 13;
I. Paragraph 14; and
m. Paragraph 15 (as extended by N-71-20, Paragraph 36). 25) Executive Order N-65-20:
a. Paragraph 5 (as extended by N-71-20, Paragraph 35; N-80-20, Paragraph 4; and N-01-21). Identification cards issued under Health and Safety Code section 11362.71 that would otherwise have expired absent the aforementioned extension between March 4, 2020 and June 30, 2021 shall expire on December 31, 2021; and b. Paragraph 7.
26) Executive Order N-66-20:
a. Paragraph 3;
b. Paragraph 4; and
c. Paragraph 5.
32 of 1863 48 of 206
27} Executive Order N-68-20:
a. Paragraph 1. Notwithstanding the expiration of the aforementioned order, temporary licenses granted on or before June 30, 2021 shall be valid through September 30, 2021 ; and
b. Paragraph 2. Renewal fee payments otherwise due to the to the California Department of Public Health absent the extension in the aforementioned order on or before June 30, 2021, shall be entitled to the extensions of time set forth in the aforementioned order. 28} Executive Order N-71-20:
a. Paragraph 1;
b. Paragraph 4;
c. Paragraph 16. Where the statutory deadline for openin,g or completing investigations is set to occur on or before June 30, 2021, the deadline shall remain subject to the extension in the aforementioned order; and
d. Paragraph 17. Where the statutory deadline for serving a notice of adverse action is due on or before June 30, 2021, the deadline shall remain subject to the extension in the aforementioned order. 29} Executive Order N-75-20:
a. Paragraph 7. Children placed in foster care on or before June 30, 2021 shall receive such examinations on or before July 31, 2021; b. Paragraph 8;
c. Paragraph 9;
d. Paragraph 10. Any facility operating under a waiver pursuant to this provision may operate pursuant to such a waiver through the expiration as set forth by the California Department of Public Health, or September 30, 2021, whichever occurs first; and
e. Paragraph 13.
30} Executive Order N-76-20, Paragraph 3.
31} Executive Order N-77-20:
a. Paragraph 1;
b. Paragraph 2; and
c. Paragraph 3.
32} Executive Order N-78-20 (as extended and modified by N-03-21 }:
a. Paragraph 1; and
b. Paragraph 2.
33} Executive Order N-83-20:
a. Paragraph 3. To the extent the Director of the Department of Alcoholic Beverage Control suspends deadlines for renewing licenses upon payment of annual fees on or before June 30, 2021, the extension shall remain valid until the effective expiration; 33 of 1863 49 of 206
b. Paragraph 5 (which repealed and replaced N-71-20, Paragraph 19, which extended N-52-20, Paragraph l, and N-69-20, Paragraph 3); c. Paragraph 6· (which repealed and replaced N-71-20, Paragraph 20, which extended N-52-20, Paragraph 2, and N-69-20, Paragraph 4); and
d. Paragraph 7 (which repealed and replaced N-71-20, Paragraph 21, which extended N-52-20, Paragraph 3, and N-69-20, Paragraph 5). 34) Executive Order N-84-20:
a. Paragraph l;
b. Paragraph 2;
c. Paragraph 3; and
d. Paragraph 5.

The following provisions shall remain in place and shall have full force and effect through July 31, 2021, upon which time they will expire subject to individual conditions described in the enumerated paragraphs below. 35) Executive Order N-39-20, Paragraph 8 (as extended by N-69-20, Paragraph 2 and N-71-20, Paragraph 8).
36) Executive Order N-53-20, Paragraph 11 (as extended or modified by N-68- 20, Paragraph 15, and N-71-20, Paragraph 26).
37) Executive Order N-71-20, Paragraph 25.
38) Executive Order N-75-20:
a. Paragraph 5; and
b. Paragraph 6
The following provisions shall remain in place and shall have full force and effect through September 30, 2021, upon which time they will expire subject to individual conditions described in the enumerated paragraphs below. 39) State of Emergency Proclamation dated March 4, 2020:
a. Paragraph 3; and
b. Paragraph 14. Any facility operating under a waiver pursuant to this provision may operate pursuant to such a waiver through the expiration as set forth by the Department of Social Services, or September 30, 2021 , whichever occurs first.
40) Executive Order N-25-20:
a. Paragraph 2;
b. Paragraph 3; and
c. Paragraph 4.
41) Executive Order N-28-20:
a. Paragraph 4; and
b. Paragraph 5.
34 of 1863 50 of 206
42) Executive Order N-29-20, Paragraph 3, is withdrawn and replaced by the following text:

Notwithstanding any other provision of state or local lqw (including, but not limited to, the Bagley-Keene Act or the Brown Act), and subject to the notice and accessibility requirements set forth below, a local legislative body or state body is authorized to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body or state body. All requirements in both the Bagley-Keene Act and the Brown Act expressly or impliedly requiring the physical presence of members, the clerk or other personnel of the body, or of the public as a condition of participation in or quorum for a public meeting are hereby waived.

A local legislative body or state body that holds a meeting via teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically, consistent with the notice and accessibility requirements set forth below, shall have satisfied any requirement that the body allow members of the public to attend the meeting and offer public comment. Such a body need not make available any physical location from which members of the public may observe the meeting and offer public comment.

Accessibility Requirements: If a local legislative body or state body holds a meeting via teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the body shall also:
35 of 1863 51 of 206
(i) Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation
from individuals with disabilities, consistent with the Americans with Disabilities Act and resolving any doubt whatsoever in favor of accessibility; and
(ii) Advertise that procedure each time notice is given of the means by which members of the public may observe the
meeting and offer public comment, pursuant to
subparagraph (ii) of the Notice Requirements below.

All of the foregoing provisions concerning the conduct of public meetings shall apply through September 30, 2021.
43) Executive Order N-32-20:
a. Paragraph 1;
b. Paragraph 2; and
c. Paragraph 3.
44) Executive Order N-35-20:
a. Paragraph 2; and
b. Paragraph 12.
45) Executive Order N-39-20:
a. Paragraph 2;
b. Paragraph 3; and
c. Paragraph 6.
36 of 1863 52 of 206
46) Executive Order N-40-20:
a. Paragraph 12 (as extended or modified by N-66-20, paragraph 16, N·-71-20, paragraph 14, and N-75-20, Paragraph 12). To the extent the Director exercised their authority pursuant to this provision on or before September 30, 2021, the extension shall remain valid until the effective expiration of the applicable waiver; and
b. Paragraph 18.
47) Executive Order N-42-20.
48) Executive Order N-43-20.
49) Executive Order N-49-20, Paragraph 2.
50) Executive Order N-54-20:
a. Paragraph 8 (as extended by N-80-20, Paragraph 6); and b. Paragraph 9. To the extent any timeframe within which a California Native American tribe must request consultation and the lead agency must begin the consultation process relating to an Environmental Impact Report, Negative Declaration, or Mitigated Negative Declaration under the California Environmental Quality Act extends beyond September 30, 2021, the tribe and lead agency will receive the benefit of the extension so long as the triggering event occurred on or before September 30, 2021. 5l) Executive Order N-55-20:
a. Paragraph 2;
b. Paragraph 3;
c. Paragraph 7. All on-site licensing visits which would have been due on or before September 30, 2021 shall occur before December 31, 2021;
d. Paragraph 11; and
e. Paragraph 12.
52) Executive Order N-56-20, Paragraph 10 is withdrawn and superseded by the following text:

Paragraph 42 of this Order, including the conditions specified therein, shall apply to meetings held pursuant to Article 3 of Chapter 2 of Part 21 of Division 3 of Title 2 of the Education Code and Education Code section 47604.1 (b).
53) Executive Order N-58-20 (as extended by N-71-20, Paragraph 29). 54) Executive Order N-59-20:
a. Paragraph l. The sworn statement or verbal attestation of pregnancy must be submitted on or before September 30, 2021 and medical verification of pregnancy must be submitted within 30 37 of 1863 53 of 206
working days following submittal of the sworn statement or verbal attestation for benefits to continue;
b. Paragraph 2 (as extended and modified by N-69-20, Paragraph 14, and N-71-20, Paragraph 31 );
c. Paragraph 3 (as extended and modified by N-69-20, Paragraph 15, and N-71-20, Paragraph 32); and
d. Paragraph 4 (as extended and modified by N-69-20, Paragraph 16, and N-71-20, Paragraph 33).
55) Executive Order N-63-20:
a. Paragraph 8(b). To the extent filing deadlines for claims and liens fall on or before September 30, 2021, absent the extension in the aforementioned order, they shall remain subject to the extended timeframe; and
b. Paragraph 11.
56) Executive Order N-66-20, Paragraph 6.
57) Executive Order N-71-20:
a. Paragraph 15;
b. Paragraph 22; and
c. Paragraph 23.
58) Executive Order N-75-20:
a. Paragraph 1;
b. Paragraph 2; and
c. Paragraph 4.
59) Executive Order N-80-20:
a. Paragraph 3; and
b. Paragraph 7.
60) Executive Order N-83-20
a. Paragraph 2 is withdrawn and replaced by the following text:

The deadline to pay annual fees, including any installment payments, currently due or that will become due during the proclaimed emergency, as specified in Business and Professions Code sections 19942, 19951, 19954, 19955, 19984, and any accompanying regulations is September 30, 2021; the deadlines for submission of any application or deposit fee, as specified in Business and Professions Code sections 19951 (a), 19867, 19868, 19876, 19877, 19942, 19984, and any accompanying regulations is no later than September 30, 2021, or per existing requirements, whichever date is later.
b. Paragraph 4.
38 of 1863 54 of 206
61) Executive Order N-03-21, Paragraph 3, is withdrawn and replaced by the following text:

As applied to commercial evictions only, the timeframe for the protections set forth in Paragraph 2 of Executive Order N-28-20 (and extended by Paragraph 21 of Executive Order N-66-20, Paragraph 3 of Executive Order N-71-20, and Paragraph 2 of Executive Order N-80-20) is extended through September 30, 2021 .

IT IS FURTHER ORDERED that, as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order.

IN WITNESS WHEREOF I have hereunto set
my hand and caused the Great Seal of the
State of California to be affixed this 11th
day of June 2021.

GAVIN NEWSOM
Governor of California
ATTEST:

SHIRLEY N. WEBER, PH.D.

Secretary of State
39 of 1863 55 of 206
AMENDED IN SENATE SEPTEMBER 3, 2021
AMENDED IN SENATE AUGUST 30, 2021
AMENDED IN SENATE JULY 6, 2021
AMENDED IN ASSEMBLY MAY 10, 2021
AMENDED IN ASSEMBLY APRIL 6, 2021
california legislature—2021–22 regular session
ASSEMBLY BILL No. 361
Introduced by Assembly Member Robert Rivas
February 1, 2021
An act to add and repeal Section 89305.6 of the Education Code, and to amend, repeal, and add Section 54953 of of, and to add and repeal Section 11133 of, the Government Code, relating to local government, open meetings, and declaring the urgency thereof, to take effect immediately.
legislative counsel’s digest
AB 361, as amended, Robert Rivas. Open meetings: state and local agencies: teleconferences.

Existing
(1) Existing law, the Ralph M. Brown Act requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. The act contains specified provisions regarding the timelines for posting an agenda and providing for the ability of the public to directly address the legislative body on any item of interest to the public. The act generally requires all regular and special

94 56 of 206
Attachment 4
40 of 1863
meetings of the legislative body be held within the boundaries of the territory over which the local agency exercises jurisdiction, subject to certain exceptions. The act allows for meetings to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, that members of the public be allowed to address the legislative body at each teleconference location, that the legislative body post an agenda at each teleconference location, and that at least a quorum of the legislative body participate from locations within the boundaries of the local agency’s jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities, as defined. The act authorizes the district attorney or any interested person, subject to certain provisions, to commence an action by mandamus or injunction for the purpose of obtaining a judicial determination that specified actions taken by a legislative body are null and void.

Existing law, the California Emergency Services Act, authorizes the Governor, or the Director of Emergency Services when the governor is inaccessible, to proclaim a state of emergency under specified circumstances.

Executive Order No. N-29-20 suspends the Ralph M. Brown Act’s requirements for teleconferencing during the COVID-19 pandemic provided that notice and accessibility requirements are met, the public members are allowed to observe and address the legislative body at the meeting, and that a legislative body of a local agency has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, as specified.

This bill, until January 1, 2024, would authorize a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Ralph M. Brown Act when a legislative body of a local agency holds a meeting during a declared state of emergency, as that term is defined, when state or local health officials have imposed or recommended measures to promote social distancing, during a proclaimed state of emergency held for the purpose of determining, by majority vote, whether meeting in person would present imminent risks to the health or safety of attendees, and during a proclaimed state of emergency when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees, as provided.
94 AB 361 — 2 —
41 of 1863 57 of 206
This bill would require legislative bodies that hold teleconferenced meetings under these abbreviated teleconferencing procedures to give notice of the meeting and post agendas, as described, to allow members of the public to access the meeting and address the legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option, and to conduct the meeting in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body. The bill would require the legislative body to take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments, until public access is restored. The bill would specify that actions taken during the disruption are subject to challenge proceedings, as specified.

This bill would prohibit the legislative body from requiring public comments to be submitted in advance of the meeting and would specify that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time. The bill would prohibit the legislative body from closing the public comment period and the opportunity to register to provide public comment, until the public comment period has elapsed or until a reasonable amount of time has elapsed, as specified. When there is a continuing state of emergency, or when state or local officials have imposed or recommended measures to promote social distancing, the bill would require a legislative body to make specified findings not later than 30 days after the first teleconferenced meeting pursuant to these provisions, and to make those findings every 30 days thereafter, in order to continue to meet under these abbreviated teleconferencing procedures.

Existing law prohibits a state legislative body from requiring, as a condition to attend a meeting, a person to register the person’s name, or to provide other information, or to fulfill any condition precedent to the person’s attendance.

This bill would exclude from that prohibition, a registration requirement imposed by a third-party internet website or other online platform not under the control of the legislative body. (2) Existing law, the Bagley-Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend any meeting of a state body. The 94 — 3 — AB 361
42 of 1863 58 of 206
act requires at least one member of the state body to be physically present at the location specified in the notice of the meeting.

The Governor’s Executive Order No. N-29-20 suspends the requirements of the Bagley-Keene Open Meeting Act for
teleconferencing during the COVID-19 pandemic, provided that notice and accessibility requirements are met, the public members are allowed to observe and address the state body at the meeting, and that a state body has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, as specified.

This bill, until January 31, 2022, would authorize, subject to specified notice and accessibility requirements, a state body to hold public meetings through teleconferencing and to make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the state body. With respect to a state body holding a public meeting pursuant to these provisions, the bill would suspend certain requirements of existing law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the state body at each teleconference location. Under the bill, a state body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically would satisfy any requirement that the state body allow members of the public to attend the meeting and offer public comment. The bill would require that each state body that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as provided. The bill would urge state bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as provided.
(3) Existing law establishes the various campuses of the California State University under the administration of the Trustees of the California State University, and authorizes the establishment of student body organizations in connection with the operations of California State University campuses.

The Gloria Romero Open Meetings Act of 2000 generally requires a legislative body, as defined, of a student body organization to conduct its business in a meeting that is open and public. The act authorizes the legislative body to use teleconferencing, as defined, for the benefit of the public and the legislative body in connection with any meeting or proceeding authorized by law.
94 AB 361 — 4 —
43 of 1863 59 of 206
This bill, until January 31, 2022, would authorize, subject to specified notice and accessibility requirements, a legislative body, as defined for purposes of the act, to hold public meetings through teleconferencing and to make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the legislative body. With respect to a legislative body holding a public meeting pursuant to these provisions, the bill would suspend certain requirements of existing law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the legislative body at each teleconference location. Under the bill, a legislative body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically would satisfy any requirement that the legislative body allow members of the public to attend the meeting and offer public comment. The bill would require that each legislative body that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as provided. The bill would urge legislative bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as provided.

This
(4) This bill would declare the Legislature’s intent, consistent with the Governor’s Executive Order No. N-29-20, to improve and enhance public access to state and local agency meetings during the COVID-19 pandemic and future emergencies by allowing broader access through teleconferencing options.

This
(5) This bill would incorporate additional changes to Section 54953 of the Government Code proposed by AB 339 to be operative only if this bill and AB 339 are enacted and this bill is enacted last.

The
(6) The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect. 94 — 5 — AB 361
44 of 1863 60 of 206
(7) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

This
(8) This bill would declare that it is to take effect immediately as an urgency statute.

Vote: 2⁄3. Appropriation: no. Fiscal committee: no yes.

State-mandated local program: no.

The people of the State of California do enact as follows:
line 1 SECTION 1. Section 89305.6 is added to the Education Code, line 2 to read:
line 3 89305.6. (a)  Notwithstanding any other provision of this line 4 article, and subject to the notice and accessibility requirements in line 5 subdivisions (d) and (e), a legislative body may hold public line 6 meetings through teleconferencing and make public meetings line 7 accessible telephonically, or otherwise electronically, to all line 8 members of the public seeking to observe and to address the line 9 legislative body.
line 10 (b)  (1)  For a legislative body holding a public meeting through line 11 teleconferencing pursuant to this section, all requirements in this line 12 article requiring the physical presence of members, the clerk or line 13 other personnel of the legislative body, or the public, as a condition line 14 of participation in or quorum for a public meeting, are hereby line 15 suspended.
line 16 (2)  For a legislative body holding a public meeting through line 17 teleconferencing pursuant to this section, all of the following line 18 requirements in this article are suspended:
line 19 (A)  Each teleconference location from which a member will be line 20 participating in a public meeting or proceeding be identified in line 21 the notice and agenda of the public meeting or proceeding. line 22 (B)  Each teleconference location be accessible to the public. line 23 (C)  Members of the public may address the legislative body at line 24 each teleconference conference location.
line 25 (D)  Post agendas at all teleconference locations. 94 AB 361 — 6 —
45 of 1863 61 of 206
line 1 (E)  At least one member of the legislative body be physically line 2 present at the location specified in the notice of the meeting. line 3 (c)  A legislative body that holds a meeting through line 4 teleconferencing and allows members of the public to observe and line 5 address the meeting telephonically or otherwise electronically, line 6 consistent with the notice and accessibility requirements in line 7 subdivisions (d) and (e), shall have satisfied any requirement that line 8 the legislative body allow members of the public to attend the line 9 meeting and offer public comment. A legislative body need not line 10 make available any physical location from which members of the line 11 public may observe the meeting and offer public comment. line 12 (d)  If a legislative body holds a meeting through line 13 teleconferencing pursuant to this section and allows members of line 14 the public to observe and address the meeting telephonically or line 15 otherwise electronically, the legislative body shall also do both of line 16 the following:
line 17 (1)  Implement a procedure for receiving and swiftly resolving line 18 requests for reasonable modification or accommodation from line 19 individuals with disabilities, consistent with the federal Americans line 20 with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and line 21 resolving any doubt whatsoever in favor of accessibility. line 22 (2)  Advertise that procedure each time notice is given of the line 23 means by which members of the public may observe the meeting line 24 and offer public comment, pursuant to paragraph (2) of subdivision line 25 (e).
line 26 (e)  Except to the extent this section provides otherwise, each line 27 legislative body that holds a meeting through teleconferencing line 28 pursuant to this section shall do both of the following:
line 29 (1)  Give advance notice of the time of, and post the agenda for, line 30 each public meeting according to the timeframes otherwise line 31 prescribed by this article, and using the means otherwise line 32 prescribed by this article, as applicable.
line 33 (2)  In each instance in which notice of the time of the meeting line 34 is otherwise given or the agenda for the meeting is otherwise line 35 posted, also give notice of the means by which members of the line 36 public may observe the meeting and offer public comment. As to line 37 any instance in which there is a change in the means of public line 38 observation and comment, or any instance prior to the effective line 39 date of this section in which the time of the meeting has been line 40 noticed or the agenda for the meeting has been posted without 94 — 7 — AB 361
46 of 1863 62 of 206
line 1 also including notice of the means of public observation and line 2 comment, a legislative body may satisfy this requirement by line 3 advertising the means of public observation and comment using line 4 the most rapid means of communication available at the time. line 5 Advertising the means of public observation and comment using line 6 the most rapid means of communication available at the time shall line 7 include, but need not be limited to, posting such means on the line 8 legislative body’s internet website.
line 9 (f)  All legislative bodies utilizing the teleconferencing line 10 procedures in this section are urged to use sound discretion and line 11 to make reasonable efforts to adhere as closely as reasonably line 12 possible to the otherwise applicable provisions of this article, in line 13 order to maximize transparency and provide the public access to line 14 legislative body meetings.
line 15 (g)  This section shall remain in effect only until January 31, line 16 2022, and as of that date is repealed.
line 17 SEC. 2. Section 11133 is added to the Government Code, to line 18 read:
line 19 11133. (a)  Notwithstanding any other provision of this article, line 20 and subject to the notice and accessibility requirements in line 21 subdivisions (d) and (e), a state body may hold public meetings line 22 through teleconferencing and make public meetings accessible line 23 telephonically, or otherwise electronically, to all members of the line 24 public seeking to observe and to address the state body. line 25 (b)  (1)  For a state body holding a public meeting through line 26 teleconferencing pursuant to this section, all requirements in this line 27 article requiring the physical presence of members, the clerk or line 28 other personnel of the state body, or the public, as a condition of line 29 participation in or quorum for a public meeting, are hereby line 30 suspended.
line 31 (2)  For a state body holding a public meeting through line 32 teleconferencing pursuant to this section, all of the following line 33 requirements in this article are suspended:
line 34 (A)  Each teleconference location from which a member will be line 35 participating in a public meeting or proceeding be identified in line 36 the notice and agenda of the public meeting or proceeding. line 37 (B)  Each teleconference location be accessible to the public. line 38 (C)  Members of the public may address the state body at each line 39 teleconference conference location.
line 40 (D)  Post agendas at all teleconference locations. 94 AB 361 — 8 —
47 of 1863 63 of 206
line 1 (E)  At least one member of the state body be physically present line 2 at the location specified in the notice of the meeting. line 3 (c)  A state body that holds a meeting through teleconferencing line 4 and allows members of the public to observe and address the line 5 meeting telephonically or otherwise electronically, consistent with line 6 the notice and accessibility requirements in subdivisions (d) and line 7 (e), shall have satisfied any requirement that the state body allow line 8 members of the public to attend the meeting and offer public line 9 comment. A state body need not make available any physical line 10 location from which members of the public may observe the line 11 meeting and offer public comment.
line 12 (d)  If a state body holds a meeting through teleconferencing line 13 pursuant to this section and allows members of the public to line 14 observe and address the meeting telephonically or otherwise line 15 electronically, the state body shall also do both of the following:
line 16 (1)  Implement a procedure for receiving and swiftly resolving line 17 requests for reasonable modification or accommodation from line 18 individuals with disabilities, consistent with the federal Americans line 19 with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and line 20 resolving any doubt whatsoever in favor of accessibility. line 21 (2)  Advertise that procedure each time notice is given of the line 22 means by which members of the public may observe the meeting line 23 and offer public comment, pursuant to paragraph (2) of subdivision line 24 (e).
line 25 (e)  Except to the extent this section provides otherwise, each line 26 state body that holds a meeting through teleconferencing pursuant line 27 to this section shall do both of the following:
line 28 (1)  Give advance notice of the time of, and post the agenda for, line 29 each public meeting according to the timeframes otherwise line 30 prescribed by this article, and using the means otherwise line 31 prescribed by this article, as applicable.
line 32 (2)  In each instance in which notice of the time of the meeting line 33 is otherwise given or the agenda for the meeting is otherwise line 34 posted, also give notice of the means by which members of the line 35 public may observe the meeting and offer public comment. As to line 36 any instance in which there is a change in the means of public line 37 observation and comment, or any instance prior to the effective line 38 date of this section in which the time of the meeting has been line 39 noticed or the agenda for the meeting has been posted without line 40 also including notice of the means of public observation and 94 — 9 — AB 361
48 of 1863 64 of 206
line 1 comment, a state body may satisfy this requirement by advertising line 2 the means of public observation and comment using the most rapid line 3 means of communication available at the time. Advertising the line 4 means of public observation and comment using the most rapid line 5 means of communication available at the time shall include, but line 6 need not be limited to, posting such means on the state body’s line 7 internet website.
line 8 (f)  All state bodies utilizing the teleconferencing procedures in line 9 this section are urged to use sound discretion and to make line 10 reasonable efforts to adhere as closely as reasonably possible to line 11 the otherwise applicable provisions of this article, in order to line 12 maximize transparency and provide the public access to state body line 13 meetings.
line 14 (g)  This section shall remain in effect only until January 31, line 15 2022, and as of that date is repealed.
line 16 SECTION 1.
line 17 SEC. 3. Section 54953 of the Government Code is amended line 18 to read:
line 19 54953. (a)  All meetings of the legislative body of a local line 20 agency shall be open and public, and all persons shall be permitted line 21 to attend any meeting of the legislative body of a local agency, line 22 except as otherwise provided in this chapter.
line 23 (b)  (1)  Notwithstanding any other provision of law, the line 24 legislative body of a local agency may use teleconferencing for line 25 the benefit of the public and the legislative body of a local agency line 26 in connection with any meeting or proceeding authorized by law. line 27 The teleconferenced meeting or proceeding shall comply with all line 28 otherwise applicable requirements of this chapter and all otherwise line 29 applicable provisions of law relating to a specific type of meeting line 30 or proceeding.
line 31 (2)  Teleconferencing, as authorized by this section, may be used line 32 for all purposes in connection with any meeting within the subject line 33 matter jurisdiction of the legislative body. All votes taken during line 34 a teleconferenced meeting shall be by rollcall. line 35 (3)  If the legislative body of a local agency elects to use line 36 teleconferencing, it shall post agendas at all teleconference line 37 locations and conduct teleconference meetings in a manner that line 38 protects the statutory and constitutional rights of the parties or the line 39 public appearing before the legislative body of a local agency. line 40 Each teleconference location shall be identified in the notice and 94 AB 361 — 10 —
49 of 1863 65 of 206
line 1 agenda of the meeting or proceeding, and each teleconference line 2 location shall be accessible to the public. During the teleconference, line 3 at least a quorum of the members of the legislative body shall line 4 participate from locations within the boundaries of the territory line 5 over which the local agency exercises jurisdiction, except as line 6 provided in subdivisions (d) and (e). The agenda shall provide an line 7 opportunity for members of the public to address the legislative line 8 body directly pursuant to Section 54954.3 at each teleconference line 9 location.
line 10 (4)  For the purposes of this section, “teleconference” means a line 11 meeting of a legislative body, the members of which are in different line 12 locations, connected by electronic means, through either audio or line 13 video, or both. Nothing in this section shall prohibit a local agency line 14 from providing the public with additional teleconference locations. line 15 (c)  (1)  No legislative body shall take action by secret ballot, line 16 whether preliminary or final.
line 17 (2)  The legislative body of a local agency shall publicly report line 18 any action taken and the vote or abstention on that action of each line 19 member present for the action.
line 20 (3)  Prior to taking final action, the legislative body shall orally line 21 report a summary of a recommendation for a final action on the line 22 salaries, salary schedules, or compensation paid in the form of line 23 fringe benefits of a local agency executive, as defined in line 24 subdivision (d) of Section 3511.1, during the open meeting in line 25 which the final action is to be taken. This paragraph shall not affect line 26 the public’s right under the California Public Records Act (Chapter line 27 3.5 (commencing with Section 6250) of Division 7 of Title 1) to line 28 inspect or copy records created or received in the process of line 29 developing the recommendation.
line 30 (d)  (1)  Notwithstanding the provisions relating to a quorum in line 31 paragraph (3) of subdivision (b), if a health authority conducts a line 32 teleconference meeting, members who are outside the jurisdiction line 33 of the authority may be counted toward the establishment of a line 34 quorum when participating in the teleconference if at least 50 line 35 percent of the number of members that would establish a quorum line 36 are present within the boundaries of the territory over which the line 37 authority exercises jurisdiction, and the health authority provides line 38 a teleconference number, and associated access codes, if any, that line 39 allows any person to call in to participate in the meeting and the 94 — 11 — AB 361
50 of 1863 66 of 206
line 1 number and access codes are identified in the notice and agenda line 2 of the meeting.
line 3 (2)  Nothing in this subdivision shall be construed as line 4 discouraging health authority members from regularly meeting at line 5 a common physical site within the jurisdiction of the authority or line 6 from using teleconference locations within or near the jurisdiction line 7 of the authority. A teleconference meeting for which a quorum is line 8 established pursuant to this subdivision shall be subject to all other line 9 requirements of this section.
line 10 (3)  For purposes of this subdivision, a health authority means line 11 any entity created pursuant to Sections 14018.7, 14087.31, line 12 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare line 13 and Institutions Code, any joint powers authority created pursuant line 14 to Article 1 (commencing with Section 6500) of Chapter 5 of line 15 Division 7 for the purpose of contracting pursuant to Section line 16 14087.3 of the Welfare and Institutions Code, and any advisory line 17 committee to a county-sponsored health plan licensed pursuant to line 18 Chapter 2.2 (commencing with Section 1340) of Division 2 of the line 19 Health and Safety Code if the advisory committee has 12 or more line 20 members.
line 21 (e)  (1)  A local agency may use teleconferencing without line 22 complying with the requirements of paragraph (3) of subdivision line 23 (b) if the legislative body complies with the requirements of line 24 paragraph (2) of this subdivision in any of the following line 25 circumstances:
line 26 (A)  The legislative body holds a meeting during a proclaimed line 27 state of emergency, and state or local officials have imposed or line 28 recommended measures to promote social distancing. line 29 (B)  The legislative body holds a meeting during a proclaimed line 30 state of emergency for the purpose of determining, by majority line 31 vote, whether as a result of the emergency, meeting in person line 32 would present imminent risks to the health or safety of attendees. line 33 (C)  The legislative body holds a meeting during a proclaimed line 34 state of emergency and has determined, by majority vote, pursuant line 35 to subparagraph (B) (B), that, as a result of the emergency, meeting line 36 in person would present imminent risks to the health or safety of line 37 attendees.
line 38 (2)  A legislative body that holds a meeting pursuant to this line 39 subdivision shall do all of the following:
94 AB 361 — 12 —
51 of 1863 67 of 206
line 1 (A)  The legislative body shall give notice of the meeting and line 2 post agendas as otherwise required by this chapter. line 3 (B)  The legislative body shall allow members of the public to line 4 access the meeting and the agenda shall provide an opportunity line 5 for members of the public to address the legislative body directly line 6 pursuant to Section 54954.3. In each instance in which notice of line 7 the time of the teleconferenced meeting is otherwise given or the line 8 agenda for the meeting is otherwise posted, the legislative body line 9 shall also give notice of the means by which members of the public line 10 may access the meeting and offer public comment. The agenda line 11 shall identify and include an opportunity for all persons to attend line 12 via a call-in option or an internet-based service option. This line 13 subparagraph shall not be construed to require the legislative body line 14 to provide a physical location from which the public may attend line 15 or comment.
line 16 (C)  The legislative body shall conduct teleconference meetings line 17 in a manner that protects the statutory and constitutional rights of line 18 the parties and the public appearing before the legislative body of line 19 a local agency.
line 20 (D)  In the event of a disruption which prevents the public agency line 21 from broadcasting the meeting to members of the public using the line 22 call-in option or internet-based service option, or in the event of line 23 a disruption within the local agency’s control which prevents line 24 members of the public from offering public comments using the line 25 call-in option or internet-based service option, the body shall take line 26 no further action on items appearing on the meeting agenda until line 27 public access to the meeting via the call-in option or internet-based line 28 service option is restored. Actions taken on agenda items during line 29 a disruption which prevents the public agency from broadcasting line 30 the meeting may be challenged pursuant to Section 54960.1. line 31 (E)  The legislative body shall not require public comments to line 32 be submitted in advance of the meeting and must provide an line 33 opportunity for the public to address the legislative body and offer line 34 comment in real time. This subparagraph shall not be construed line 35 to require the legislative body to provide a physical location from line 36 which the public may attend or comment.
line 37 (F)  Notwithstanding Section 54953.3, an individual desiring to line 38 provide public comment through the use of an internet website, or line 39 other online platform, not under the control of the local legislative line 40 body, that requires registration to log in to a teleconference may 94 — 13 — AB 361
52 of 1863 68 of 206
line 1 be required to register as required by the third-party internet line 2 website or online platform to participate.
line 3 (G)  (i)  A legislative body that provides a timed public comment line 4 period for each agenda item shall not close the public comment line 5 period for the agenda item, or the opportunity to register, pursuant line 6 to subparagraph (F), to provide public comment until that timed line 7 public comment period has elapsed.
line 8 (ii)  A legislative body that does not provide a timed public line 9 comment period, but takes public comment separately on each line 10 agenda item, shall allow a reasonable amount of time per agenda line 11 item to allow public members the opportunity to provide public line 12 comment, including time for members of the public to register line 13 pursuant to subparagraph (F), or otherwise be recognized for the line 14 purpose of providing public comment.
line 15 (iii)  A legislative body that provides a timed general public line 16 comment period that does not correspond to a specific agenda item line 17 shall not close the public comment period or the opportunity to line 18 register, pursuant to subparagraph (F), until the timed general line 19 public comment period has elapsed.
line 20 (3)  If a state of emergency remains active, or state or local line 21 officials have imposed or recommended measures to promote line 22 social distancing, in order to continue to teleconference without line 23 compliance with paragraph (3) of subdivision (b), the legislative line 24 body shall, not later than 30 days after teleconferencing for the line 25 first time pursuant to subparagraph (A), (B), or (C) of paragraph line 26 (1), and every 30 days thereafter, make the following findings by line 27 majority vote:
line 28 (A)  The legislative body has reconsidered the circumstances of line 29 the state of emergency.
line 30 (B)  Any of the following circumstances exist:
line 31 (i)  The state of emergency continues to directly impact the line 32 ability of the members to meet safely in person. line 33 (ii)  State or local officials continue to impose or recommend line 34 measures to promote social distancing.
line 35 (4)  For the purposes of this subdivision, “state of emergency” line 36 means a state of emergency proclaimed pursuant to Section 8625 line 37 of the California Emergency Services Act (Article 1 (commencing line 38 with Section 8550) of Chapter 7 of Division 1 of Title 2). line 39 (f)  This section shall remain in effect only until January 1, 2024, line 40 and as of that date is repealed.
94 AB 361 — 14 —
53 of 1863 69 of 206
line 1 SEC. 1.1.
line 2 SEC. 3.1. Section 54953 of the Government Code is amended line 3 to read:
line 4 54953. (a)  All meetings of the legislative body of a local line 5 agency shall be open and public, and all persons shall be permitted line 6 to attend any meeting of the legislative body of a local agency in line 7 person, except as otherwise provided in this chapter. Local agencies line 8 shall conduct meetings subject to this chapter consistent with line 9 applicable state and federal civil rights laws, including, but not line 10 limited to, the any applicable language access and other line 11 nondiscrimination obligations of Section 11135 and Subchapter line 12 V (commencing with Section 2000d) of Chapter 21 of Title 42 of line 13 the United States Code. obligations.
line 14 (b)  (1)  Notwithstanding any other provision of law, the line 15 legislative body of a local agency may use teleconferencing for line 16 the benefit of the public and the legislative body of a local agency line 17 in connection with any meeting or proceeding authorized by law. line 18 The teleconferenced meeting or proceeding shall comply with all line 19 otherwise applicable requirements of this chapter and all otherwise line 20 applicable provisions of law relating to a specific type of meeting line 21 or proceeding.
line 22 (2)  Teleconferencing, as authorized by this section, may be used line 23 for all purposes in connection with any meeting within the subject line 24 matter jurisdiction of the legislative body. All votes taken during line 25 a teleconferenced meeting shall be by rollcall. line 26 (3)  If the legislative body of a local agency elects to use line 27 teleconferencing, it shall post agendas at all teleconference line 28 locations and conduct teleconference meetings in a manner that line 29 protects the statutory and constitutional rights of the parties or the line 30 public appearing before the legislative body of a local agency. line 31 Each teleconference location shall be identified in the notice and line 32 agenda of the meeting or proceeding, and each teleconference line 33 location shall be accessible to the public. During the teleconference, line 34 at least a quorum of the members of the legislative body shall line 35 participate from locations within the boundaries of the territory line 36 over which the local agency exercises jurisdiction, except as line 37 provided in subdivisions (d) and (e). The agenda shall provide an line 38 opportunity for members of the public to address the legislative line 39 body directly pursuant to Section 54954.3 at each teleconference line 40 location.
94 — 15 — AB 361
54 of 1863 70 of 206
line 1 (4)  For the purposes of this section, “teleconference” means a line 2 meeting of a legislative body, the members of which are in different line 3 locations, connected by electronic means, through either audio or line 4 video, or both. Nothing in this section shall prohibit a local agency line 5 from providing the public with additional teleconference locations. line 6 (c)  (1)  No legislative body shall take action by secret ballot, line 7 whether preliminary or final.
line 8 (2)  The legislative body of a local agency shall publicly report line 9 any action taken and the vote or abstention on that action of each line 10 member present for the action.
line 11 (3)  Prior to taking final action, the legislative body shall orally line 12 report a summary of a recommendation for a final action on the line 13 salaries, salary schedules, or compensation paid in the form of line 14 fringe benefits of a local agency executive, as defined in line 15 subdivision (d) of Section 3511.1, during the open meeting in line 16 which the final action is to be taken. This paragraph shall not affect line 17 the public’s right under the California Public Records Act (Chapter line 18 3.5 (commencing with Section 6250) of Division 7 of Title 1) to line 19 inspect or copy records created or received in the process of line 20 developing the recommendation.
line 21 (d)  (1)  Notwithstanding the provisions relating to a quorum in line 22 paragraph (3) of subdivision (b), if a health authority conducts a line 23 teleconference meeting, members who are outside the jurisdiction line 24 of the authority may be counted toward the establishment of a line 25 quorum when participating in the teleconference if at least 50 line 26 percent of the number of members that would establish a quorum line 27 are present within the boundaries of the territory over which the line 28 authority exercises jurisdiction, and the health authority provides line 29 a teleconference number, and associated access codes, if any, that line 30 allows any person to call in to participate in the meeting and the line 31 number and access codes are identified in the notice and agenda line 32 of the meeting.
line 33 (2)  Nothing in this subdivision shall be construed as line 34 discouraging health authority members from regularly meeting at line 35 a common physical site within the jurisdiction of the authority or line 36 from using teleconference locations within or near the jurisdiction line 37 of the authority. A teleconference meeting for which a quorum is line 38 established pursuant to this subdivision shall be subject to all other line 39 requirements of this section.
94 AB 361 — 16 —
55 of 1863 71 of 206
line 1 (3)  For purposes of this subdivision, a health authority means line 2 any entity created pursuant to Sections 14018.7, 14087.31, line 3 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare line 4 and Institutions Code, any joint powers authority created pursuant line 5 to Article 1 (commencing with Section 6500) of Chapter 5 of line 6 Division 7 for the purpose of contracting pursuant to Section line 7 14087.3 of the Welfare and Institutions Code, and any advisory line 8 committee to a county-sponsored health plan licensed pursuant to line 9 Chapter 2.2 (commencing with Section 1340) of Division 2 of the line 10 Health and Safety Code if the advisory committee has 12 or more line 11 members.
line 12 (e)  (1)  A local agency may use teleconferencing without line 13 complying with the requirements of paragraph (3) of subdivision line 14 (b) if the legislative body complies with the requirements of line 15 paragraph (2) of this subdivision in any of the following line 16 circumstances:
line 17 (A)  The legislative body holds a meeting during a proclaimed line 18 state of emergency, and state or local officials have imposed or line 19 recommended measures to promote social distancing. line 20 (B)  The legislative body holds a meeting during a proclaimed line 21 state of emergency for the purpose of determining, by majority line 22 vote, whether as a result of the emergency, meeting in person line 23 would present imminent risks to the health or safety of attendees. line 24 (C)  The legislative body holds a meeting during a proclaimed line 25 state of emergency and has determined, by majority vote, pursuant line 26 to subparagraph (B) (B), that, as a result of the emergency, meeting line 27 in person would present imminent risks to the health or safety of line 28 attendees.
line 29 (2)  A legislative body that holds a meeting pursuant to this line 30 subdivision shall do all of the following:
line 31 (A)  The legislative body shall give notice of the meeting and line 32 post agendas as otherwise required by this chapter. line 33 (B)  The legislative body shall allow members of the public to line 34 access the meeting and the agenda shall provide an opportunity line 35 for members of the public to address the legislative body directly line 36 pursuant to Section 54954.3. In each instance in which notice of line 37 the time of the teleconferenced meeting is otherwise given or the line 38 agenda for the meeting is otherwise posted, the legislative body line 39 shall also give notice of the means by which members of the public line 40 may access the meeting and offer public comment. The agenda 94 — 17 — AB 361
56 of 1863 72 of 206
line 1 shall identify and include an opportunity for all persons to attend line 2 via a call-in option or an internet-based service option. This line 3 subparagraph shall not be construed to require the legislative body line 4 to provide a physical location from which the public may attend line 5 or comment.
line 6 (C)  The legislative body shall conduct teleconference meetings line 7 in a manner that protects the statutory and constitutional rights of line 8 the parties and the public appearing before the legislative body of line 9 a local agency.
line 10 (D)  In the event of a disruption which prevents the public agency line 11 from broadcasting the meeting to members of the public using the line 12 call-in option or internet-based service option, or in the event of line 13 a disruption within the local agency’s control which prevents line 14 members of the public from offering public comments using the line 15 call-in option or internet-based service option, the body shall take line 16 no further action on items appearing on the meeting agenda until line 17 public access to the meeting via the call-in option or internet-based line 18 service option is restored. Actions taken on agenda items during line 19 a disruption which prevents the public agency from broadcasting line 20 the meeting may be challenged pursuant to Section 54960.1. line 21 (E)  The legislative body shall not require public comments to line 22 be submitted in advance of the meeting and must provide an line 23 opportunity for the public to address the legislative body and offer line 24 comment in real time. This subparagraph shall not be construed line 25 to require the legislative body to provide a physical location from line 26 which the public may attend or comment.
line 27 (F)  Notwithstanding Section 54953.3, an individual desiring to line 28 provide public comment through the use of an internet website, or line 29 other online platform, not under the control of the local legislative line 30 body, that requires registration to log in to a teleconference may line 31 be required to register as required by the third-party internet line 32 website or online platform to participate.
line 33 (G)  (i)  A legislative body that provides a timed public comment line 34 period for each agenda item shall not close the public comment line 35 period for the agenda item, or the opportunity to register, pursuant line 36 to subparagraph (F), to provide public comment until that timed line 37 public comment period has elapsed.
line 38 (ii)  A legislative body that does not provide a timed public line 39 comment period, but takes public comment separately on each line 40 agenda item, shall allow a reasonable amount of time per agenda 94 AB 361 — 18 —
57 of 1863 73 of 206
line 1 item to allow public members the opportunity to provide public line 2 comment, including time for members of the public to register line 3 pursuant to subparagraph (F), or otherwise be recognized for the line 4 purpose of providing public comment.
line 5 (iii)  A legislative body that provides a timed general public line 6 comment period that does not correspond to a specific agenda item line 7 shall not close the public comment period or the opportunity to line 8 register, pursuant to subparagraph (F), until the timed general line 9 public comment period has elapsed.
line 10 (3)  If a state of emergency remains active, or state or local line 11 officials have imposed or recommended measures to promote line 12 social distancing, in order to continue to teleconference without line 13 compliance with paragraph (3) of subdivision (b), the legislative line 14 body shall, not later than 30 days after teleconferencing for the line 15 first time pursuant to subparagraph (A), (B), or (C) of paragraph line 16 (1), and every 30 days thereafter, make the following findings by line 17 majority vote:
line 18 (A)  The legislative body has reconsidered the circumstances of line 19 the state of emergency.
line 20 (B)  Any of the following circumstances exist:
line 21 (i)  The state of emergency continues to directly impact the line 22 ability of the members to meet safely in person. line 23 (ii)  State or local officials continue to impose or recommend line 24 measures to promote social distancing.
line 25 (4)  For the purposes of this subdivision, “state of emergency” line 26 means a state of emergency proclaimed pursuant to Section 8625 line 27 of the California Emergency Services Act (Article 1 (commencing line 28 with Section 8550) of Chapter 7 of Division 1 of Title 2). line 29 (f)  This section shall remain in effect only until January 1, 2024, line 30 and as of that date is repealed.
line 31 SEC. 2.
line 32 SEC. 4. Section 54953 is added to the Government Code, to line 33 read:
line 34 54953. (a)  All meetings of the legislative body of a local line 35 agency shall be open and public, and all persons shall be permitted line 36 to attend any meeting of the legislative body of a local agency, line 37 except as otherwise provided in this chapter.
line 38 (b)  (1)  Notwithstanding any other provision of law, the line 39 legislative body of a local agency may use teleconferencing for line 40 the benefit of the public and the legislative body of a local agency 94 — 19 — AB 361
58 of 1863 74 of 206
line 1 in connection with any meeting or proceeding authorized by law. line 2 The teleconferenced meeting or proceeding shall comply with all line 3 requirements of this chapter and all otherwise applicable provisions line 4 of law relating to a specific type of meeting or proceeding. line 5 (2)  Teleconferencing, as authorized by this section, may be used line 6 for all purposes in connection with any meeting within the subject line 7 matter jurisdiction of the legislative body. All votes taken during line 8 a teleconferenced meeting shall be by rollcall.
line 9 (3)  If the legislative body of a local agency elects to use line 10 teleconferencing, it shall post agendas at all teleconference line 11 locations and conduct teleconference meetings in a manner that line 12 protects the statutory and constitutional rights of the parties or the line 13 public appearing before the legislative body of a local agency. line 14 Each teleconference location shall be identified in the notice and line 15 agenda of the meeting or proceeding, and each teleconference line 16 location shall be accessible to the public. During the teleconference, line 17 at least a quorum of the members of the legislative body shall line 18 participate from locations within the boundaries of the territory line 19 over which the local agency exercises jurisdiction, except as line 20 provided in subdivision (d). The agenda shall provide an line 21 opportunity for members of the public to address the legislative line 22 body directly pursuant to Section 54954.3 at each teleconference line 23 location.
line 24 (4)  For the purposes of this section, “teleconference” means a line 25 meeting of a legislative body, the members of which are in different line 26 locations, connected by electronic means, through either audio or line 27 video, or both. Nothing in this section shall prohibit a local agency line 28 from providing the public with additional teleconference locations line 29 (c)  (1)  No legislative body shall take action by secret ballot, line 30 whether preliminary or final.
line 31 (2)  The legislative body of a local agency shall publicly report line 32 any action taken and the vote or abstention on that action of each line 33 member present for the action.
line 34 (3)  Prior to taking final action, the legislative body shall orally line 35 report a summary of a recommendation for a final action on the line 36 salaries, salary schedules, or compensation paid in the form of line 37 fringe benefits of a local agency executive, as defined in line 38 subdivision (d) of Section 3511.1, during the open meeting in line 39 which the final action is to be taken. This paragraph shall not affect line 40 the public’s right under the California Public Records Act (Chapter 94 AB 361 — 20 —
59 of 1863 75 of 206
line 1 3.5 (commencing with Section 6250) of Division 7 of Title 1) to line 2 inspect or copy records created or received in the process of line 3 developing the recommendation.
line 4 (d)  (1)  Notwithstanding the provisions relating to a quorum in line 5 paragraph (3) of subdivision (b), if a health authority conducts a line 6 teleconference meeting, members who are outside the jurisdiction line 7 of the authority may be counted toward the establishment of a line 8 quorum when participating in the teleconference if at least 50 line 9 percent of the number of members that would establish a quorum line 10 are present within the boundaries of the territory over which the line 11 authority exercises jurisdiction, and the health authority provides line 12 a teleconference number, and associated access codes, if any, that line 13 allows any person to call in to participate in the meeting and the line 14 number and access codes are identified in the notice and agenda line 15 of the meeting.
line 16 (2)  Nothing in this subdivision shall be construed as line 17 discouraging health authority members from regularly meeting at line 18 a common physical site within the jurisdiction of the authority or line 19 from using teleconference locations within or near the jurisdiction line 20 of the authority. A teleconference meeting for which a quorum is line 21 established pursuant to this subdivision shall be subject to all other line 22 requirements of this section.
line 23 (3)  For purposes of this subdivision, a health authority means line 24 any entity created pursuant to Sections 14018.7, 14087.31, line 25 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare line 26 and Institutions Code, any joint powers authority created pursuant line 27 to Article 1 (commencing with Section 6500) of Chapter 5 of line 28 Division 7 for the purpose of contracting pursuant to Section line 29 14087.3 of the Welfare and Institutions Code, and any advisory line 30 committee to a county-sponsored health plan licensed pursuant to line 31 Chapter 2.2 (commencing with Section 1340) of Division 2 of the line 32 Health and Safety Code if the advisory committee has 12 or more line 33 members.
line 34 (e)  This section shall become operative January 1, 2024. line 35 SEC. 2.1.
line 36 SEC. 4.1. Section 54953 is added to the Government Code, to line 37 read:
line 38 54953. (a)  All meetings of the legislative body of a local line 39 agency shall be open and public, and all persons shall be permitted line 40 to attend any meeting of the legislative body of a local agency, in 94 — 21 — AB 361
60 of 1863 76 of 206
line 1 person except as otherwise provided in this chapter. Local agencies line 2 shall conduct meetings subject to this chapter consistent with line 3 applicable state and federal civil rights laws, including, but not line 4 limited to, the any applicable language access and other line 5 nondiscrimination obligations of Section 11135 and Subchapter line 6 V (commencing with Section 2000d) of Chapter 21 of Title 42 of line 7 the United States Code. obligations.
line 8 (b)  (1)  Notwithstanding any other provision of law, the line 9 legislative body of a local agency may use teleconferencing for line 10 the benefit of the public and the legislative body of a local agency line 11 in connection with any meeting or proceeding authorized by law. line 12 The teleconferenced meeting or proceeding shall comply with all line 13 requirements of this chapter and all otherwise applicable provisions line 14 of law relating to a specific type of meeting or proceeding. line 15 (2)  Teleconferencing, as authorized by this section, may be used line 16 for all purposes in connection with any meeting within the subject line 17 matter jurisdiction of the legislative body. All votes taken during line 18 a teleconferenced meeting shall be by rollcall. line 19 (3)  If the legislative body of a local agency elects to use line 20 teleconferencing, it shall post agendas at all teleconference line 21 locations and conduct teleconference meetings in a manner that line 22 protects the statutory and constitutional rights of the parties or the line 23 public appearing before the legislative body of a local agency. line 24 Each teleconference location shall be identified in the notice and line 25 agenda of the meeting or proceeding, and each teleconference line 26 location shall be accessible to the public. During the teleconference, line 27 at least a quorum of the members of the legislative body shall line 28 participate from locations within the boundaries of the territory line 29 over which the local agency exercises jurisdiction, except as line 30 provided in subdivision (d). The agenda shall provide an line 31 opportunity for members of the public to address the legislative line 32 body directly pursuant to Section 54954.3 at each teleconference line 33 location.
line 34 (4)  For the purposes of this section, “teleconference” means a line 35 meeting of a legislative body, the members of which are in different line 36 locations, connected by electronic means, through either audio or line 37 video, or both. Nothing in this section shall prohibit a local agency line 38 from providing the public with additional teleconference locations. line 39 (c)  (1)  No legislative body shall take action by secret ballot, line 40 whether preliminary or final.
94 AB 361 — 22 —
61 of 1863 77 of 206
line 1 (2)  The legislative body of a local agency shall publicly report line 2 any action taken and the vote or abstention on that action of each line 3 member present for the action.
line 4 (3)  Prior to taking final action, the legislative body shall orally line 5 report a summary of a recommendation for a final action on the line 6 salaries, salary schedules, or compensation paid in the form of line 7 fringe benefits of a local agency executive, as defined in line 8 subdivision (d) of Section 3511.1, during the open meeting in line 9 which the final action is to be taken. This paragraph shall not affect line 10 the public’s right under the California Public Records Act (Chapter line 11 3.5 (commencing with Section 6250) of Division 7 of Title 1) to line 12 inspect or copy records created or received in the process of line 13 developing the recommendation.
line 14 (d)  (1)  Notwithstanding the provisions relating to a quorum in line 15 paragraph (3) of subdivision (b), if a health authority conducts a line 16 teleconference meeting, members who are outside the jurisdiction line 17 of the authority may be counted toward the establishment of a line 18 quorum when participating in the teleconference if at least 50 line 19 percent of the number of members that would establish a quorum line 20 are present within the boundaries of the territory over which the line 21 authority exercises jurisdiction, and the health authority provides line 22 a teleconference number, and associated access codes, if any, that line 23 allows any person to call in to participate in the meeting and the line 24 number and access codes are identified in the notice and agenda line 25 of the meeting.
line 26 (2)  Nothing in this subdivision shall be construed as line 27 discouraging health authority members from regularly meeting at line 28 a common physical site within the jurisdiction of the authority or line 29 from using teleconference locations within or near the jurisdiction line 30 of the authority. A teleconference meeting for which a quorum is line 31 established pursuant to this subdivision shall be subject to all other line 32 requirements of this section.
line 33 (3)  For purposes of this subdivision, a health authority means line 34 any entity created pursuant to Sections 14018.7, 14087.31, line 35 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare line 36 and Institutions Code, any joint powers authority created pursuant line 37 to Article 1 (commencing with Section 6500) of Chapter 5 of line 38 Division 7 for the purpose of contracting pursuant to Section line 39 14087.3 of the Welfare and Institutions Code, and any advisory line 40 committee to a county-sponsored health plan licensed pursuant to 94 — 23 — AB 361
62 of 1863 78 of 206
line 1 Chapter 2.2 (commencing with Section 1340) of Division 2 of the line 2 Health and Safety Code if the advisory committee has 12 or more line 3 members.
line 4 (e)  This section shall become operative January 1, 2024. line 5 SEC. 3.
line 6 SEC. 5. Sections 1.1 3.1 and 2.1 4.1 of this bill incorporate line 7 amendments to Section 54953 of the Government Code proposed line 8 by both this bill and Assembly Bill 339. Those sections of this bill line 9 shall only become operative if (1) both bills are enacted and line 10 become effective on or before January 1, 2022, but this bill line 11 becomes operative first, (2) each bill amends Section 54953 of the line 12 Government Code, and (3) this bill is enacted after Assembly Bill line 13 339, in which case Section 54953 of the Government Code, as line 14 amended by Sections 1 3 and 2 4 of this bill, shall remain operative line 15 only until the operative date of Assembly Bill 339, at which time line 16 Sections 1.1 3.1 and 2.1 4.1 of this bill shall become operative. line 17 SEC. 4.
line 18 SEC. 6. It is the intent of the Legislature in enacting this act to line 19 improve and enhance public access to state and local agency line 20 meetings during the COVID-19 pandemic and future applicable line 21 emergencies, by allowing broader access through teleconferencing line 22 options consistent with the Governor’s Executive Order No. line 23 N-29-20 dated March 17, 2020, permitting expanded use of line 24 teleconferencing during the COVID-19 pandemic.
line 25 SEC. 5.
line 26 SEC. 7. The Legislature finds and declares that Sections 1 3 line 27 and 2 4 of this act, which amend, repeal, and add Section 54953 line 28 of the Government Code, further, within the meaning of paragraph line 29 (7) of subdivision (b) of Section 3 of Article I of the California line 30 Constitution, the purposes of that constitutional section as it relates line 31 to the right of public access to the meetings of local public bodies line 32 or the writings of local public officials and local agencies. Pursuant line 33 to paragraph (7) of subdivision (b) of Section 3 of Article I of the line 34 California Constitution, the Legislature makes the following line 35 findings:
line 36 This act is necessary to ensure minimum standards for public line 37 participation and notice requirements allowing for greater public line 38 participation in teleconference meetings during applicable line 39 emergencies.
94 AB 361 — 24 —
63 of 1863 79 of 206
line 1 SEC. 8. (a)  The Legislature finds and declares that during the line 2 COVID-19 public health emergency, certain requirements of the line 3 Bagley-Keene Open Meeting Act (Article 9 (commencing with line 4 Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of line 5 the Government Code) were suspended by Executive Order line 6 N-29-20. Audio and video teleconference were widely used to line 7 conduct public meetings in lieu of physical location meetings, and line 8 public meetings conducted by teleconference during the COVID-19 line 9 public health emergency have been productive, have increased line 10 public participation by all members of the public regardless of line 11 their location in the state and ability to travel to physical meeting line 12 locations, have protected the health and safety of civil servants line 13 and the public, and have reduced travel costs incurred by members line 14 of state bodies and reduced work hours spent traveling to and from line 15 meetings.
line 16 (b)  The Legislature finds and declares that Section 1 of this act, line 17 which adds and repeals Section 89305.6 of the Education Code, line 18 Section 2 of this act, which adds and repeals Section 11133 of the line 19 Government Code, and Sections 3 and 4 of this act, which amend, line 20 repeal, and add Section 54953 of the Government Code, all line 21 increase and potentially limit the public’s right of access to the line 22 meetings of public bodies or the writings of public officials and line 23 agencies within the meaning of Section 3 of Article I of the line 24 California Constitution. Pursuant to that constitutional provision, line 25 the Legislature makes the following findings to demonstrate the line 26 interest protected by this limitation and the need for protecting line 27 that interest:
line 28 (1)  By removing the requirement that public meetings be line 29 conducted at a primary physical location with a quorum of line 30 members present, this act protects the health and safety of civil line 31 servants and the public and does not preference the experience of line 32 members of the public who might be able to attend a meeting in a line 33 physical location over members of the public who cannot travel line 34 or attend that meeting in a physical location.
line 35 (2)  By removing the requirement for agendas to be placed at line 36 the location of each public official participating in a public meeting line 37 remotely, including from the member’s private home or hotel room, line 38 this act protects the personal, private information of public officials line 39 and their families while preserving the public’s right to access line 40 information concerning the conduct of the people’s business. 94 — 25 — AB 361
64 of 1863 80 of 206
line 1 SEC. 6.
line 2 SEC. 9. This act is an urgency statute necessary for the line 3 immediate preservation of the public peace, health, or safety within line 4 the meaning of Article IV of the California Constitution and shall line 5 go into immediate effect. The facts constituting the necessity are:
line 6 In order to ensure that state and local agencies can continue line 7 holding public meetings while providing essential services like line 8 water, power, and fire protection to their constituents during public line 9 health, wildfire, or other states of emergencies, it is necessary that line 10 this act take effect immediately.

O
94 AB 361 — 26 —
65 of 1863 81 of 206
City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: January 24, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Jovan D. Grogan, City Manager
PREPARED BY: Ann Mottola, Community Services Director
SUBJECT: Adopt Resolution Authorizing the City Manager to Amend the Agreement With West Coast Arborist, Inc. in an Amount Not to Exceed $201,600, for Removal of Eucalypti on Crystal Springs Road From Donner Avenue, Westbound to the West End of the Recreation and Aquatic Center Construction Site
BACKGROUND: On October 11, 2022, City Council adopted a resolution authorizing the City Manager to execute a four-year contract with West Coast Arborist, Inc. The contract includes two distinct contract elements: the Annual Pruning and Pollarding of Street Trees; and Tree Removal Related to Fire and Hazard Mitigation. The total four-year contract is authorized in an amount not to exceed $1,093,465.

During the recent Winter Storm event, there have been numerous failures of a variety of tree species throughout the City, including several eucalypti. During the 2023 Winter Storm event to date, there were four large eucalypti failures on San Bruno Avenue and Sneath Avenue. A little over a year ago during the Christmas Holiday 2021, there was a failure of a large eucalyptus on Crystal Springs Road, and an earlier eucalyptus failure on Crystal Springs Road in October 2021. In all instances, these trees fell in the public right of way causing extended road closures and obstructing major evacuation routes within the City.

In addition to the threat of failure due to the age, size, and shallow root structure of eucalypti in these locations, eucalypti pose a significant fire hazard. The areas on both sides of Crystal Springs Road from Donner Avenue westbound to the County Open Space have been designated as an "extra hazardous fire condition" by the City of San Bruno Fire Chief and Fire Marshal, as many of the eucalypti are within 100 feet of City and private structures.

Removal of these trees is recommended to reduce the risk of fire spread to these adjacent properties, and to mitigate obstruction of evacuation routes in a catastrophic event.

DISCUSSION: The City’s current contract with West Coast Arborist, Inc. includes for the first year of the contract approximately $217,500 for the Annual Pruning and Pollarding of Street Trees; and $40,000 for Tree Removal Related to Fire and Hazard Mitigation. The $40,000 for Fire and Hazard Mitigation is the average that has been used in past years and is not adequate to address a strategic reduction of eucalypti on Crystal Springs Road.

Staff requested a quote from West Coast Arborist, Inc. for removal of approximately 30 eucalypti on both sides of Crystal Springs Road from Donner Avenue westbound to the west end of the 66 of 1863
Honorable Mayor and Members of the City Council
January 24, 2023

Page 2 of 2 ends

Recreation and Aquatic Center (RAC) construction site. The total cost is $201,600. Staff reviewed this estimate, and it is consistent with the pricing included in their contract.

Due to the location of the trees proposed for removal, and their threat to the RAC in the event of a failure, Staff recommends including this tree removal as part of the RAC Project to be funded in the RAC project budget. Additional areas of eucalypti will be proposed for removal in the FY 2023-24 City Budget.

FISCAL IMPACT: The contract with West Coast Arborist for FY 2022-23 includes $217,500 for the Annual Pruning and Pollarding of Street Trees; and $40,000 for Tree Removal Related to Fire and Hazard Mitigation and is not adequate to cover this additional scope of work. This additional scope of work is $201,600. This will bring the four-year contract cost to $1,295,065.

Sufficient appropriations exist in the RAC budget to accommodate the recommended contract amendment.

CONTRACT ELEMENT FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 Pruning & Pollarding 217,500 226,200 235,248 244,658
Fire & Hazard Mitigation 40,000 41,600 43,264 44,995
Additional Scope 201,600
TOTAL ANNUAL COST 459,100 267,800 278,512 289,653
TOTAL FOUR-YEAR CONTRACT COST 1,295,065
ENVIRONMENTAL IMPACT: The proposed project qualifies for a categorical exemption. Staff will not proceed with work until the exemption has been accepted.

RECOMMENDATION: Adopt resolution authorizing the City Manager to amend the Agreement with West Coast Arborist, Inc. in an amount not to exceed $201,600, for removal of eucalypti on Crystal Springs Road from Donner Avenue, westbound to the west end of the Recreation and Aquatic Center construction site.

ALTERNATIVES: Decline request to approve tree removal project.

ATTACHMENTS:

1. Resolution

2. Proposed Areas of Eucalypti Removal on Crystal Springs Road 67 of 1863
RESOLUTION NO. 2023 - ___

ADOPT RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND THE AGREEMENT WITH WEST COAST ARBORIST, INC. IN AN AMOUNT NOT TO EXCEED $201,600, FOR REMOVAL OF EUCALYPTI ON CRYSTAL SPRINGS ROAD FROM

DONNER AVENUE, WESTBOUND TO THE WEST END OF THE RECREATION AND

AQUATIC CENTER CONSTRUCTION SITE
WHEREAS, During the recent Winter Storm event, there have been failures of a variety of tree species throughout the City, including numerous eucalypti; and WHEREAS, There have been four eucalypti failures during the recent 2023 Winter Storm event on San Bruno Avenue and Sneath Avenue; and two large eucalypti on Crystal Springs Road, in late 2021 causing extended road closures and obstruction of major evacuation routes within the City; and
WHEREAS, In addition to the threat of failure due to the age, size, and shallow root structure of eucalypti in these locations, eucalypti pose a significant fire hazard; and WHEREAS, The areas on both sides of Crystal Springs Road from Donner Avenue westbound to the County Open Space has been designated as an "extra hazardous fire condition" by the City of San Bruno Fire Chief and Fire Marshal, as many of the eucalypti are within 100 feet of City and private structures; and WHEREAS, Removal of these trees is recommended to reduce the risk of fire spread to these adjacent properties, and to mitigate obstruction of evacuation routes in a catastrophic event; and
WHEREAS, On October 12, 2022, the City entered into a four-year agreement with West Coast Arborist, Inc for Annual Pruning and Pollarding of Street Trees and Tree Removal Related to Fire and Hazard Mitigation in an amount not to exceed $1,093,465; and WHEREAS, The first year of the agreement with West Coast Arborist, Inc. includes $217,500 for the Annual Pruning and Pollarding of Street Trees; and $40,000 for Tree Removal Related to Fire and Hazard Mitigation; and
WHEREAS, Staff received a quote from West Coast Arborist, Inc. for removal of approximately 30 eucalypti on both sides of Crystal Springs Road from Donner Avenue westbound to the west end of the Recreation and Aquatic Center construction site, in the amount of $201,600, exceeding the amount for Fire and Hazard Mitigation in the first year of West Coast Arborist, Inc.’s four-year contract; and
WHEREAS, Due to the location of the trees proposed for removal, and their threat to the Recreation and Aquatic Center in the event of a failure.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the City Manager to amend the Agreement with West Coast Arborist in an amount not to exceed $201,600, for removal of eucalypti on Crystal Springs Road from Donner Avenue, westbound to the west end of the Recreation and Aquatic Center construction site. .
68 of 1863
2 Dated: January 24, 2023
ATTEST:

Lupita Huerta, City Clerk
---oOo---
I, Lupita Huerta, City Clerk, do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the City Council of the City of San Bruno this 24th day of January 2023 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers
ABSENT:Councilmembers:
69 of 1863
Removed During Construction
Proposed Areas of Eucalypti Removal on Crystal Springs Road Area 2 Area 3
Area 1 Area 4
Attachment 2
Area 1
Area 2
Area 3
Area 4
City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: January 24, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Jovan D. Grogan, City Manager
PREPARED BY: Ann Mottola, Community Services Director
SUBJECT: Adopt Resolution Authorizing an Appropriations Adjustment to the FY 2022-23 Community Services Recreation Division Salary and Benefits Budget From the General Fund Reserves in the Amount of $145,574 to Fund Two Recreation Services Supervisors and Two Recreation Coordinators to Support Operational and Program Readiness for the San Bruno Recreation and Aquatic Center
BACKGROUND: The new Recreation and Aquatics Center Project has been planned as a single facility located in San Bruno City Park, 251 City Park Way, in the same general area as the former Veterans Memorial Recreation Center. The new 49,360 sq ft Recreation and Aquatic Center replaces a combined 29,500 sq ft Veterans Memorial Recreation Center and a separate L-shaped swimming pool at the former Swim Center.

The first two of three separate phases of the project are complete. Phase I included the conceptual design of the new Recreation and Aquatics Center. Phase II served to develop the schematic design plans and construction drawings. The City is currently in the final, Phase III of the project which is construction. Completion of the project is projected for Fall 2023.

On December 13, 2022, Community Services Staff presented to City Council the Implementation Plan that will guide the operational, programmatic, and fiscal planning for the first three years of operation of San Bruno’s new Recreation and Aquatic Center. Included in that plan was a staffing projection that included addition of new Staff positions in the last quarter of FY 2022-23 to support operational and program readiness for the projected Fall 2023 opening of the facility.

DISCUSSION: The Implementation Plan for the San Bruno Recreation and Aquatic Facility develops a program budget model for each program area that will be housed in this new facility, and includes a cost to revenue plan to ensure alignment with the City’s Cost Recovery Policy adopted by City Council on June 22, 2021. These program models are inclusive of staffing required for successful programming and operation of the facility, including the additional positions that will be supported by this supplemental budget recommendation.

The increase in programming types and capacity planned for the Recreation and Aquatic Center requires an increase in staffing levels for the Recreation Division of Community Services. There is a body of work that needs to begin no later than April 2023 to ready the facility for opening in Fall of 2023. This work will focus on: administrative processes; staff recruitment; onboarding 75 of 1863
Honorable Mayor and Members of the City Council
January 24, 2023

Page 2 of 3 ends

and work planning for all Recreation staff; marketing for each program area; program development; and operational documents to ensure the safe and efficient operation of the facility and the programs that it houses.

The Recreation Division of Community Services currently consists of 5.05 Full Time Equivalent employees (FTE’s) and is recommending an addition of 1.0 FTE’s to onboard new Staff to address program development and operational readiness for a Fall 2023 open of the new facility. This augmentation will allow the onboarding of two Recreation Services Supervisors and two Recreation Coordinators for the last quarter of FY 2022-23.

DIVISION

APPROVED

STAFFING
FY2022-23

RECOMMENDED
WITH

SUPPLEMENTAL

STAFFING
FY2022-23

NET CHANGE
FY2022-23
Community Services Director .40 .40
Community Services Deputy
Director .50 .50
Community Services
Superintendent .65 .65
Recreation Services Supervisor .50 + .50
Recreation Coordinator 3.00 3.50 + .50
Executive Assistant .50 .50
TOTAL RECREATION FTE’s 5.05 6.05 + 1.00
FISCAL IMPACT: The total recommended supplemental funding for this action is $145,574.

This recommendation will add additional appropriations to the Community Services Recreation Division Salary and Benefits Budget from the General Fund Reserves for FY 2022-23, and the positions will be included in future fiscal year budgets.

The recommended action will fund four new positions: two Recreation Services Supervisors funded at 25% (3 months each), and two Recreation Coordinators funded at 25% (3 months each).

The full year, fully loaded cost of each Recreation Services Supervisor is currently estimated to be $153,920 and the fully loaded cost of each Recreation Coordinator is estimated to be $137,227. The following table shows the funding required for onboarding these positions for the last quarter of FY 2022-23.

76 of 1863
Honorable Mayor and Members of the City Council
January 24, 2023

Page 3 of 3 ends

CLASSIFICATIONN

SUPPLEMENTAL

REQUEST
FY2022-23
Recreation Services Supervisor (2 @
25%) 68,614
Recreation Coordinator (2 @ 25%) 76,960
TOTAL SUPPLEMENTAL REQUEST 145,574
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: Adopt resolution authorizing an appropriations adjustment to the FY 2022-23 Community Services Recreation Division Salary and Benefits Budget from the General Fund Reserves in the amount of $145,574 to fund two Recreation Services Supervisors and two Recreation Coordinators to support operational and program readiness for the San Bruno Recreation and Aquatic Center.

ALTERNATIVES: Decline Staff’s request and direct Staff to develop an alternative Staffing Plan for the Recreation and Aquatic Center.

ATTACHMENTS:

1. Resolution

2. December 13, 2022, RAC Implementation Plan Study Session Staff Report

3. December 13, 2022, RAC Implementation Plan Study Session PowerPoint Presentation 77 of 1863
RESOLUTION NO. 2023 - ___
RESOLUTION AUTHORIZING AN APPROPRIATIONS ADJUSTMENT TO THE FY 2022- 23 COMMUNITY SERVICES RECREATION DIVISION SALARY AND BENEFITS BUDGET FROM THE GENERAL FUND RESERVES IN THE AMOUNT OF $145,574 TO FUND TWO

RECREATION SERVICES SUPERVISORS AND TWO RECREATION COORDINATORS

TO SUPPORT OPERATIONAL AND PROGRAM READINESS FOR THE SAN BRUNO

RECREATION AND AQUATIC CENTER
WHEREAS, The San Bruno Recreation and Aquatics Center Project has been planned as a single facility located in San Bruno City Park, 251 City Park Way, in the same general area as the former Veterans Memorial Recreation Center, and WHEREAS, The new 49,360 sq ft Recreation and Aquatic Center replaces a combined 29,500 sq ft Veterans Memorial Recreation Center and a separate L-shaped swimming pool at the former Swim Center, and
WHEREAS, In preparation of the opening of this facility, Community Services Staff prepared an Implementation Plan to guide the operational, programmatic, and fiscal planning for the first three years of operation of the facility; and WHEREAS, The Implementation Plan developed a program budget model for each program area within the Recreation Division that will be housed in this facility, including a unique cost to revenue plan, inclusive of staffing, to ensure alignment with the City’s Cost Recovery Policy adopted by City Council on June 22, 2021; and WHEREAS, The increase in programming types and capacity requires an increase in staffing of two Recreation Services Supervisors and two Recreation Coordinators to begin work in April 2023 to ready the facility for opening in Fall of 2023; and WHEREAS, The total cost to augment these additional positions is $145,574.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes an appropriations adjustment to the FY 2022-23 Community Services Recreation Division Salary and Benefits Budget from the General Fund Reserves in the amount of $145,574 to fund two Recreation Services Supervisors and two Recreation Coordinators to support operational and program readiness for the San Bruno Recreation and Aquatic Center.

Dated: January 24, 2023
ATTEST:

Lupita Huerta, City Clerk
---oOo---
78 of 1863
2 I, Lupita Huerta, City Clerk, do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the City Council of the City of San Bruno this 24th day of January 2023 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers
ABSENT:Councilmembers:
79 of 1863
City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: December 13, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Jovan D. Grogan, City Manager
PREPARED BY: Ann Mottola, Community Services Director
SUBJECT: Recreation and Aquatic Center Implementation Plan Overview BACKGROUND: In 2015, the San Bruno Community Foundation conducted a broad-based Community Listening Campaign to identify the community’s priorities for use of the restitution funds received following the 2010 Pacific Gas & Electric Company (PG&E) gas pipeline explosion in San Bruno’s Crestmoor neighborhood. The City conducted a subsequent community discussion in 2016, to narrow the results of the Listening Campaign, and establish facility prioritization, which identified replacement of the Veteran’s Memorial Recreation Center and Swimming Pool as the community’s highest priority.

The new Recreation and Aquatics Center Project has been planned as a single facility located in San Bruno City Park, 251 City Park Way, in the same general area as the existing Veterans Memorial Recreation Center. The new 49,360 sq ft Recreation and Aquatic Center replaces a combined 29,500 sq ft Veterans Memorial Recreation Center a separate L-shaped swimming pool at the former Swim Center.

DISCUSSION: In preparation of the opening of this facility, Staff has prepared an Implementation Plan that will guide the operational, programmatic, and fiscal planning for the first three years of operation of the facility.

The Implementation Plan takes into consideration the recommendations with regard to cost recovery provided in the Recreation and Aquatic Center Strategic Business Plan developed in April 2021. It also examines each program area within the Recreation Division that will be housed in this facility and develops a unique cost to revenue plan to ensure alignment with the City’s Cost Recovery Policy adopted by City Council on June 22, 2021.

FISCAL IMPACT: The impact to the general fund has been projected beginning in the current fiscal year 2022-23, and includes an augmentation request at mid-year to begin staffing for the new facility. The recommended budget adjustment/augmentation in January 2023 will fund program staff ramp up for program development and facility operations readiness. 80 of 1863
Honorable Mayor and Members of the City Council
December 13, 2022

Page 2 of 2 ends

The budget also includes the first three years of operation, FY 2023-24 through FY 2025-26, and assumes the facility has a soft opening in Fall 2023 and ramps up program through Q3 and Q4 of fiscal year 2023-34. The topline summary of impact to the General Fund and Cost Recovery is as follows.

FY 2022-23
Adopted
Budget
FY 2022-23
Proposed
Revised
FY 2023-24
Projected
FY 2024-25
Projected
FY 2025-26
Projected
TOTAL EXPENSE 2,158,038 2,303,612 3,561,631 4,248,382 4,288,076 TOTAL REVENUE (508,498) (508,498) (1,550,951) (2,782,925) (2,795,091) GENERAL FUND SUBSIDY 1,649,540 1,795,114 2,010,680 1,465,457 1,492,985 COST RECOVERY 24% 22% 44% 66% 65%
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 Report.

ALTERNATIVES: None.

ATTACHMENTS: 1. RAC Implementation Plan PowerPoint Presentation 81 of 1863

SAN BRUNO RECREATION AND AQUATIC CENTER

IMPLEMENTATION PLAN
CITY COUNCIL MEETING | December 13, 2022
Agenda
Implementation Plan Objectives
Facility Program Areas
Schedule of Expanded and New Programs
Budgeting Methodology
Topline Expense to Revenue
Revenue Centers
Fitness, Aquatic, + Facility Fees
Staffing Requirements
Target Dates
Team Action Plan
Next Steps
2 Implementation Plan Objectives
Actionable Roadmap
Communication
Goals + Objectives Transparency
Resource Planning
3 Facility Program Areas | First Floor Plan

AQUATICS
PLAZA

CLASSROOMS
4 GYMNASIUM

NATATORIUM
OUTDOOR POOL + WADING POOL
Facility Program Areas | Second Floor Plan

FITNESS
+

WELLNESS

FACILITY

RENTALS
5 FITNESS
CENTER

INDOOR TRACK
GROUP

EXERCISE

COMMUNITY
HALL
Schedule of Programs
6 PROGRAM EXPANDED NEW

AQUATICS
Lap Swim 
Recreational Swim 
Swim Camps 
Swim Center Party Room Rentals 
Swim Center Pool Rentals 
Swim Lessons 
Water Aerobics + Fitness 

CITY RUN CAMPS
Summer Camp 
Winter + Spring School Break Camps 

PROGRAM EXPANDED NEW
CONTRACT PROGRAMS 
FACILITY RENTALS 
FITNESS + GYMNASIUM PROGRAMS
Fitness Center Membership 
Group X Classes 
Gymnasium Drop In Programs 
Gymnasium Rentals 
SPECIAL EVENTS 
YOUTH + ADULT SPORTS
Adult Sports 
Youth Sports 
Recreation + Aquatic Center Business Plan
Conclusions + Recommendations
• Recreation industry standard is to offer programs and services that provide a community benefit and programs and services that provide an individual benefit, as such Recreation Departments operate at a subsidy • Comparable agencies demonstrate average cost recovery range of 41% - 68% • The new facility allows San Bruno’s Recreation Division to offer an increased range of programs and services
• San Bruno projected at 66% cost recovery
Past Recreation Division Cost Recovery
Cost Recovery
• Fully burdened cost recovery (5-year average) 64%
Cost Recovery Target: 66%
Budget Methodology + Cost Recovery
7 City Council Adopted Cost Recovery Policy
Full Cost Recovery or Near Full Cost Recovery (80 - 100%) • Provides a special benefit to easily identified individuals or groups.

Medium Cost Recovery (40-79%)
• Promotes healthy activities and educational enrichment to the community. • Provides a balanced individual and community benefit and should be priced accordingly. Due to a strong connection between fee amounts and participation levels common for fees in this range, market considerations and usage characteristics are key factors to consider.

Low Cost Recovery (0-39%)
• There is no intended relationship between the amount paid and the benefit received.
• There is no reason to limit the service.
• The activity benefits the community at large even if they are not the direct users of the service.

Budget Methodology + Cost Recovery
8 FY 2022-23
Adopted Budget
* FY 2022-23
Proposed Revised
FY 2023-24
Projected
FY 2024-25
Projected
FY 2025-26
Projected

EXPENSES
ADMINISTRATION + OVERHEAD 1,904,598 2,050,172 1,208,454 1,288,481 1,301,470 AQUATICS 567,561 926,886 932,812
CITY-RUN CAMPS 239,437 251,548 256,393
CONTRACT PROGRAMS 196,280 196,280 311,788 337,953 342,308 FACILITY RENTALS + OPERATIONS 24,160 24,160 274,766 312,266 316,477 FITNESS + GYMNASIUM PROGRAMS 371,580 431,485 432,327
SPECIAL EVENTS 33,000 33,000 219,869 228,231 232,607
YOUTH + ADULT SPORTS 186,963 190,317 192,467
OTHER CITY DEPARTMENT OVERHEAD – DIRECT 181,213 281,215 281,215 TOTAL EXPENSE RECREATION DIVISION 2,158,038 2,303,612 3,561,631 4,248,382 4,288,076

REVENUES
AQUATICS 220,902 493,631 494,159
CITY-RUN CAMPS 113,000 241,020 248,251
CONTRACT PROGRAMS 264,800 296,600 296,600
FACILITY RENTALS + OPERATIONS 235,150 650,640 650,640
FITNESS + GYMNASIUM PROGRAMS 377,245 704,900 704,900
SPECIAL EVENTS 102,962 131,462 131,462
YOUTH + ADULT SPORTS 47,167 47,657 48,161
OTHER DIVISION REVENUES 189,725 217,015 220,918
TOTAL REVENUE RECREATION DIVISION (508,498) (508,498) (1,550,951) (2,782,925) (2,795,091) NET GENERAL FUND SUBSIDY 1,649,540 1,795,114 2,010,680 1,465,457 1,492,985 COST RECOVERY DIRECT + DIRECT OVERHEAD 24% 22% 44% 66% 65% Topline Expense to Revenue | Direct + Overhead
* Recommended budget adjustment/augmentation in January 2023 to fund program staff ramp up for program development and facility operations readiness. 9 Revenue Centers | Based on FY 2024-25 – 1st Full Year of Operations 10 AQUATICS CAMPS CONTRACT PROGRAMS FACILITY RENTALS
DIRECT COST 926,886
OVERHEAD 398,109
TOTAL COST 1,324,995
REVENUE (493,631)
GF IMPACT 831,364
DIRECT COST 251,548
OVERHEAD 72,383
TOTAL COST 323,932
REVENUE (241,020)
GF IMPACT 82,912
DIRECT COST 337,953
OVERHEAD 79,622
TOTAL COST 417,575
REVENUE (296,600)
GF IMPACT 120,975
DIRECT COST 312,266
OVERHEAD 412,585
TOTAL COST 724,851
REVENUE (650,640)
GF IMPACT 74,211

37.3%

COST RECOVERY

74.4%

COST RECOVERY

71.0%

COST RECOVERY

89.8%

COST RECOVERY
Revenue Centers | Based on FY 2024-25 – 1st Full Year of Operations 11 FITNESS + GYM SPECIAL EVENTS YOUTH + ADULT SPORTS
DIRECT COST 431,485
OVERHEAD 412,585
TOTAL COST 844,070
REVENUE (704,900)
GF IMPACT 139,170
DIRECT COST 228,231
OVERHEAD 36,192
TOTAL COST 264,423
REVENUE (131,462)
GF IMPACT 132,961
DIRECT COST 190,317
OVERHEAD 36,192
TOTAL COST 226,509
REVENUE (45,657)
GF IMPACT 178,853

83.5%

COST RECOVERY

49.7%

COST RECOVERY

21.0%

COST RECOVERY
Fees| Fitness Center + Track Membership
$25

MONTHLY

MEMBERSHIP
Primary or 1st Person in
Household
$20

MONTHLY

MEMBERSHIP
Additional Member of
Same Household
$10
DAILY

DROP IN FEE
Adult
$8
DAILY

DROP IN FEE
Teen + Seniors
Membership Includes:
• Unlimited access to the Fitness Room
• Unlimited access to the Walking Track
• Access to Group Exercise Room when other
programs are not taking place
• Access to Gymnasium when other programs
are not taking place
• Monthly Membership only available to San
Bruno Residents for the first FY of operation
• Non-Resident Fee – $2 additional fee on all
Drop Ins
• Additional fees will be charged for exercise
classes offered by Contract Instructors
12 Fees| Lap Swim, Aqua-Fit + Water Aerobics, Rec Swim

DROP IN FEES
• Per Use fees for the specific program
• Non-Resident Fee – $2 additional fee
on all Drop Ins

PUNCH PASSES
• Punch Passes allow for purchase of 15
visits for the price of 13 visits
• Non-Resident Fee – $26 additional fee
on all Punch Passes
• No Expiration
$8

LAP SWIM
Adult
$6

LAP SWIM
Teen + Seniors
$10
AQUA-FIT +

WATER AEROBICS
Adult
$8
AQUA-FIT +

WATER AEROBICS
Teen + Seniors
$6

REC SWIM
Adult
$4

REC SWIM
Youth + Seniors
$104
PUNCH
$130
PUNCH
$78
PUNCH
$104
PUNCH
$78
PUNCH
$52
PUNCH
13 Fees| Gymnasium Rentals
HOURLY

BASE RATE
* WITH 20%

DISCOUNT COMMERCIAL

WEEKDAY
Full Gym $20000 $160 $25000
Half Gym $10000 $80 N/A

WEEKEND
Full Gym $22500 $180 $28125
Half Gym $11250 $90 N/A
* 20% Discount for San Bruno Residents + San Bruno-based Non-Profits 14 Fees| Community Rooms Rentals
ROOM
HOURLY

BASE RATE
* WITH 20%

DISCOUNT COMMERCIAL
PEAK USE (Friday PM + Saturday)
Community Hall (Full Hall) $550 $440 $68750
Community Hall Room A $275 $220 $34375
Community Hall Room B $275 $220 $34375
Classroom 1 $190 $152 $23750
Classroom 2 $190 $152 $23750
Small Classroom $150 $120 $18750

NON-PEAK USE
Community Hall (Full Hall) $310 $248 $38750
Community Hall Room A $155 $124 $19375
Community Hall Room B $155 $124 $19375
Classroom 1 $125 $100 $15625
Classroom 2 $125 $100 $15625
Small Classroom $95 $76 $11875
* 20% Discount for San Bruno Residents + San Bruno-based Non-Profits 15 POSITION

APPROVED
FY 2022-23

MID-YEAR

REQUEST
FY 2022-23

NET CHANGE
@ MIDYEAR
FY 2022-23
BUDGET

REQUEST
FY 2023-24 NET CHANGE
TOTAL

NET CHANGE
Community Services Director .40 .40 .30 - .10 - .10
Community Services Deputy Director .50 .50 .50
Community Services Superintendent .65 .65 - .65 - .65
Business Manager (Supervisor) .50 + .50 + .50
Recreation Services Supervisor .60 + .60 2.00 + 1.40 + 2.00 Recreation Services Coordinator 3.00 3.60 + .60 5.00 + 1.40 + 2.00 Executive Assistant .50 .50 - .50 - .50
Accounting + Customer Svc Rep III 1.20 + 1.20 + 1.20
TOTAL RECREATION FTE’s 5.05 6.25 + 1.20 9.50 + 3.25 + 4.45 Staffing | Recreation FTE’s
Supervisor
+2
Coordinator
+2

ACSR III
+1
+4.45 FTE’s to Support Recreation Program Expansion
16 Recreation
Organization Chart
17 Director
Aquatics | Fitness
Gym | Sports
Programs
Business Manager
Budget | Measurement
Marketing | Facilities
Customer Service
Supervisor Supervisor
Camps | Youth
Contract Programs
Coordinator
Marketing
Facilities
Coordinator
Aquatics | Events
Coordinator
Fitness + Gym
After School
Sports
Coordinator
Marketing
Contract Programs
Coordinator
City Camps
Events
Part Time
4,560 Hours
Deputy Director
Part Time
4,560 Hours
Part Time
28,785 Hours
Part Time
9,389 Hours
Part Time
4,022 Hours
Back of House
Business Office
Support
Account + Cust
Svc Rep III
Account + Cust
Svc Rep III
Front of House
Customer Service
Operations
Staffing | Other City Departments

HUMAN RESOURCES
• Funding for 30% Human Resources
Analyst I/II
• Support ongoing Part-Time Staff
recruitments that will increase due to
year-round operation of new and
expanded program.

PUBLIC WORKS |FACILITIES
• Funding for 1 Facility Maintenance
Technician II
• Supports Facilities Division of Public
Works in their effort to appropriately
develop a Facilities Team to maintain
the City’s building assets.
18 Topline Expense to Revenue | Direct + Overhead
* Recommended budget adjustment/augmentation in January 2023 to fund program staff ramp up for program development and facility operations readiness. 9 FY 2022-23
Adopted Budget
* FY 2022-23
Proposed Revised
FY 2023-24
Projected
FY 2024-25
Projected
FY 2025-26
Projected

EXPENSES
ADMINISTRATION + OVERHEAD 1,904,598 2,050,172 1,208,454 1,288,481 1,301,470 AQUATICS 567,561 926,886 932,812
CITY-RUN CAMPS 239,437 251,548 256,393
CONTRACT PROGRAMS 196,280 196,280 311,788 337,953 342,308 FACILITY RENTALS + OPERATIONS 24,160 24,160 274,766 312,266 316,477 FITNESS + GYMNASIUM PROGRAMS 371,580 431,485 432,327
SPECIAL EVENTS 33,000 33,000 219,869 228,231 232,607
YOUTH + ADULT SPORTS 186,963 190,317 192,467
OTHER CITY DEPARTMENT OVERHEAD – DIRECT 181,213 281,215 281,215 OTHER CITY DEPARTMENT OVERHEAD – INDIRECT 204,612 210,751 217,073 TOTAL EXPENSE RECREATION DIVISION 2,158,038 2,303,612 3,766,244 4,459,132 4,505,150

REVENUES
AQUATICS 220,902 493,631 494,159
CITY-RUN CAMPS 113,000 241,020 248,251
CONTRACT PROGRAMS 264,800 296,600 296,600
FACILITY RENTALS + OPERATIONS 235,150 650,640 650,640
FITNESS + GYMNASIUM PROGRAMS 377,245 704,900 704,900
SPECIAL EVENTS 102,962 131,462 131,462
YOUTH + ADULT SPORTS 47,167 47,657 48,161
OTHER DIVISION REVENUES 189,725 217,015 220,918
TOTAL REVENUE RECREATION DIVISION (508,498) (508,498) (1,550,951) (2,782,925) (2,795,091) NET GENERAL FUND SUBSIDY 1,649,540 1,795,114 2,215,293 1,676,208 1,710,058 COST RECOVERY DIRECT + OVERHEAD and INDIRECT 24% 22% 41% 62% 62% Topline Expense to Revenue | Direct + Overhead and Indirect * Recommended budget adjustment/augmentation in January 2023 to fund program staff ramp up for program development and facility operations readiness. 20 Target Dates
 January 24, 2023 – Approval of New Staff Positions
 February 1, 2023 – Open Recruitments for New Full Time Staff  March 13, 2023 – Full Time Interview + Assessment Processes  April 24, 2023 – Start Dates for New Full Time Hires
 June 30, 2023 – Open Recruitments for Part Time Staff  August 14, 2023 – Part Time Interview + Assessment Processes  October 2, 2023 – Start Dates for New Part Time Hires 21 • Meeting this timeline allows staff adequate time to complete preparation for opening of the new facility by Fall 2023.
• Timing of facility opening, and programming implementation start is dependent on approval of January 2023 Budget Augmentation for new positions and June 2023 approval of first year Recreation Division facility budget for FY 2023-24.

Team Action Plan | Beginning April 2023
TASK | ACTION ITEM

ADMINISTRATIVE PROCESS
Develop protocol for P-Drive document filing + storage  Develop cash handling + daily reconciliation/deposit policy  Update Facility Rental Application  
Update Contract Class Instructor application + contract   Input program information to the recreation software database (CivicRec)        Input all facility use information to CivicRec        Create admin operational documents + procedures for Registration Desk  Develop program liability waivers        
Identify + create RFP’s and open PO’s for programs, services, and supplies        Create Part Time Staff scheduling template         Identify payroll process for the increased number of Part-Time Staff  STAFF RECRUITMENT + ONBOARDING
Develop staffing plan + estimate target number part time hires         Develop Assessment process for Part Time Staff recruitments         Schedule recruitment in coordination with other program areas         Develop Part Time Staff Handbook + Section Inserts         Develop Part Time Training curriculum        
Create Swim Lesson Instructor Training Program 
Create Customer Service Training Program 
Begin training of all Part Time Staff        
22 Team Action Plan | Beginning April 2023
TASK | ACTION ITEM

MARKETING
Develop 6-month + 12-month editorial calendar for Department/Divisions         Develop 6-month + 12-month dynamic content calendar for website         Develop campaign for July – National Parks + Recreation Month         Develop campaign for May – National Water Safety Month   Create rental brochures by market (corporate/private events/weddings)    Create Fitness Membership promo kit   
Create Aquatics Drop + Punch Programs promo kit  
Create Camp Brochure    
PROGRAM DEVELOPMENT + OPERATIONS
Create program/operations plan       
Develop facility-wide 12-month program schedule        Develop program curriculum  
Program partner recruitment    
Recruit Contract Class Instructors   
Recruit contract exercise instructors (water and dry rec)  Develop participant communication templates       Create Participant Survey for each program + activity         Create Quality Assurance Program        
Develop Lost + Found plan 
Create Grand Opening plan (agenda, speakers, swag, activities)   23 Team Action Plan | Beginning April 2023
TASK | ACTION ITEM

FACILITY OPERATIONS
Set up offices + workspaces        
Develop program-specific storage assignment plans         Set up safety equipment + review safety procedures         Review + adjust operational documents based on facility evaluation         Create process to collect input for ops adjustments once facility is activated         Create Aquatics + “Dry Rec” operational documents + procedures         Create Safety Team Training Program        
Create Program Specific Emergency Action Plans         Create Pool Surveillance Charts (Zone Validation, Zones of Responsibility)  Create amenity safety procedures + operational standards         24    
  
     
     
    
      
       
Next Steps
25 READY TO LAUNCH – SOFT OPEN FALL 2023
 January 24, 2023 – Approval of New Staff Positions
 February 1, 2023 – Open Recruitments for New Full Time Staff  March 13, 2023 – Full Time Interview + Assessment Processes  April 24, 2023 – Start Dates for New Full Time Hires
 June 30, 2023 – Open Recruitments for Part Time Staff  August 14, 2023 – Part Time Interview + Assessment Processes  October 2, 2023 – Start Dates for New Part Time Hires QUESTIONS?
City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: January 24, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Trisha Ortiz, City Attorney
Jovan D. Grogan, City Manager
SUBJECT: Ordinance of the City of San Bruno Amending Title 3 (Revenue and Finance) of the Municipal Code to Increase the Tax Imposed on Cannabis Businesses
BACKGROUND:

On October 11, 2022 the City Council adopted an ordinance to permit and regulate cannabis business in the City. Among the cannabis regulations in the ordinance was a provision to set the cannabis business tax rate at 5% of gross receipts. The City Council directed staff to return with an amendment to increase the tax rate to 6%.

DISCUSSION:

In November 2020, San Bruno voters approved a ballot measure imposing up to a 10% tax on the gross revenues of any commercial cannabis activity that the city ultimately allows. The tax will apply in addition to the general business license tax imposed by the City. The City Council can adopt a lower tax rate without requiring voter approval, but an increase above 10 percent would require voter approval.

Staff reviewed local municipality cannabis projected annual revenues (and obtained actual revenue figures, where available) where commercial cannabis activities are permitted, and found that they range from less than $100,000 in South San Francisco, which has two licensed commercial cannabis operations, $200,000 in Redwood City, with four licensed operations, to $572,000 in Pacifica, which has five licensed operations, including “legacy” operations which preceded recent state enabling cannabis law.

Retail cannabis sales include a state excise tax (15% tax to purchaser) and a sales tax for nonmedicinal products (7.25-10.25%), and may include an additional local tax. Local cannabis business tax rates vary for nearby jurisdictions, ranging from 3% (Brisbane) to 6% (Pacifica and Half Moon Bay), while approved local tax rates in California range more widely, from 2 to 20%.

The Ordinance adopted by the City Council on October 11, 2022 includes a 5% tax rate on both retail and distribution facilities.

Pursuant to Government Code Section 54954.6, the City Council will consider the proposed tax increase at a public meeting and at a subsequent public hearing following published notice provided for three weeks pursuant to Government Code Section 6063. The notice was published on December 9, 2022, December 16, 2022, and on December 23, 2022. The City 108 of 1863
Honorable Mayor and Members of the City Council
January 24, 2023

Page 2 of 2 ends

Council will hold a public hearing and consider introduction of the ordinance at its meeting on February 14, 2023.

FISCAL IMPACT:

There is no immediate fiscal impact from the adoption of the ordinance. However, should cannabis businesses be permitted to operate within the City, future revenue to the City will increase by 1%.

ENVIRONMENTAL IMPACT:

The adoption of the ordinance does not have the potential for creation of a significant environmental impact pursuant to the California Environmental Quality Act (CEQA), and as such are exempt from further environmental consideration per CEQA Guidelines Section 15061(b)(3).

RECOMMENDATION:

Allow public testimony on proposed Ordinance Amending Title 3 (Revenue and Finance) of the Municipal Code to Increase the Tax Imposed on Cannabis Businesses.

ALTERNATIVES:

1. After taking public testimony, direct staff to retain the current cannabis business tax rate at 5% of gross receipts.

2. After taking public testimony, provide direction to change the cannabis business tax rate to another amount that is equal to or less that 10%, as permitted by the November 2020 ballot measure.

ATTACHMENTS:

1. Ordinance
109 of 1863
ORDINANCE NO. _______
AN ORDINANCE OF THE CITY OF SAN BRUNO AMENDING TITLE 3 (REVENUE AND

FINANCE) OF THE MUNICIPAL CODE TO INCREASE THE TAX IMPOSED ON CANNABIS

BUSINESSES
WHEREAS, a “Notice of Public Meeting and Public Hearing in Connection with the Proposed Adoption of an Ordinance to Increase the Tax Imposed on Cannabis Businesses” was duly published for consideration of the ordinance amendment at the City of San Bruno City Council meeting of January 24, 2023, and at the meeting on February 14, 2023, on which date the Public Hearing was opened, held and closed.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN BRUNO ORDAINS AS FOLLOWS:

Section 1. Section 3.18.010 (Imposition of tax) of Chapter 3.18 (Cannabis Business Tax) of Title 3 (Revenue and Taxation Code) of the San Bruno Municipal Code is hereby amended to read as follows, with additions shown in underlined text and deletions shown in strikethrough text, with all other provisions of Chapter 3.18 remaining unchanged:

3.18.010 Imposition of tax.

A. Every person engaged in a cannabis business in the city shall pay a cannabis business tax of ten percent of gross receipts.

B. Beginning January 1, 2023, the tax rate for cannabis businesses shall be set at five six percent of gross receipts of the cannabis business, unless further amended by the City Council. The City Council may, by further action, increase or lower the tax rate but in no event shall the tax rate be higher than ten percent of gross receipts.

Section 2. If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion or sections of the Ordinance. The City Council of the City of San Bruno hereby declares that it should have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional.

Section 3. This Ordinance shall take effect and be in force 30 days after its adoption.

Section 4. The City Clerk shall publish this Ordinance according to law. _________________________
Rico E. Medina, Mayor
110 of 1863
ATTEST:
________________________
Lupita Huerta, City Clerk

APPROVED AS TO FORM
_________________________
Trisha Ortiz, City Attorney
---o0o---
I hereby certify that the foregoing Ordinance No.
________ was introduced on February 14, 2023,
and adopted at a regular meeting of the San Bruno
City Council on February 28, 2023, by the following
vote:

AYES: COUNCILMEMBERS:________________________________
NOES: COUNCILMEMBERS:________________________________
ABSENT: COUNCILMEMBERS:________________________________ RECUSE: COUNCILMEMBERS:________________________________ 111 of 1863
City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: January 24, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Jovan D. Grogan, City Manager
PREPARED BY: Peter Gilli, Community and Economic Development Director SUBJECT: Conduct a Public Hearing, Deliberate, and: 1) Adopt an Initial Study/Mitigated Negative Declaration; 2) Adopt a Resolution making findings and overriding the Airport Land Use Commission’s determination of inconsistency with respect to noise policies for San Bruno‘s draft 2023- 2031 Housing Element Update; and 3) Adopt a General Plan Text Amendment to Policy HS-40 to Acknowledge the Local Airport Land Use Commission’s (ALUC) Override Process, and Adopt the 2023–2031 Housing Element Update, Replacing the 2015-2023 Housing Element, with Findings that the Housing Element Substantially Complies with Housing Element Law, and Authorize Staff to Submit the Housing Element to the California Department of Housing and Community Development for Certification
BACKGROUND:

The Housing Element is one of seven required Elements of the General Plan. State law (Government Code Section 65580 et seq.) requires all cities to update the Housing Element every eight years. General Plans serve as the local government’s "blueprint" for how the city will grow and develop. The purpose of the Housing Element is to adequately plan to meet the housing needs of everyone in the community. Housing Element law, which was first enacted in 1969, mandates that local governments adequately plan to meet the existing and projected housing needs of all economic segments of the community. The California Department of Housing and Community Development (HCD) reviews every local government’s housing element for compliance with State law and then submits written findings back to each local government. The deadline to adopt the Housing Element Update is January 31, 2023. A complete project timeline can be found towards the end of this staff report.

This update, referred to as the 6th Cycle Housing Element, will address the 2023-2031 planning period. The 5th Cycle Housing Element was adopted by City Council in 2015 and covered the 2015-2023 period. State housing laws have changed significantly as it relates to the 6th Cycle.

The State mandates numerous additional information, analysis and commitments from local governments for housing issues. Due to the new State housing laws, the vast majority of California local governments have been challenged with meeting State expectations and deadlines.

The Planning Commission reviewed the Housing Element at a public hearing held on January 12, 2023, at which time the Commission recommended that the City Council adopt the mitigated negative declaration and Mitigation Monitoring and Reporting Program (MMRP), and adopt the 112 of 1863
Honorable Mayor and Members of the City Council
January 24, 2023

Page 2 of 16 ends

Housing Element update and related General Plan text amendment related to the allowance of housing in airport noise impacted areas and incorporate the mitigation policies identified in the MND into the Housing Element as City policies applicable to the development of the sites in the inventory. The Planning Commission also recommended incorporation of additional information to bolster the justifications for development/redevelopment potential of developed sites in the inventory to the extent possible prior to submission to HCD, and that the City Council consider adoption of a jobs to housing ratio based housing target for the Tanforan site rather than a flat number of units.

Following adoption by the City Council, staff will submit to HCD for review and certification. If HCD determines additional work is needed before they certify, staff will continue to work with HCD to make the necessary revisions. If those revisions are policy level changes, as opposed to minor administrative changes or elaboration, the Housing Element would eventually be brought back to the Planning Commission and City Council for further consideration.

Potential Consequences of Late Adoption
Failure to adopt a housing element that HCD finds to be in substantial compliance with State housing laws may result in the loss of eligibility for grant funds. Additionally, with the enactment of AB 1398 in 2021, the penalty for failure to adopt a housing element in a timely manner has been revised to require expedited rezoning for non-compliant jurisdictions.

Additionally, under legislation enacted in recent years, if a jurisdiction does not comply with State housing law, it can be sued – by individuals, developers, third parties or the State. In addition to facing significant fines, a court may limit local land use decision-making authority until the jurisdiction brings its Housing Element into compliance.

Builder’s Remedy for Housing Element Noncompliance
There have recently been press reports regarding the “builder’s remedy,” which has been in State law since 1990. The Housing Accountability Act (Government Code Section 65589.5) limits local agencies’ ability to deny housing projects that meet certain affordability requirements. One of the reasons a housing project can be denied is if the project does not comply with the City’s General Plan and zoning regulations. But if a city has not adopted a housing element in substantial compliance with state law, then that city cannot deny such a housing project based on noncompliance with the General Plan and zoning regulations. This “builder’s remedy” arguably allows developers of housing projects with affordable housing to apply for housing projects that exceed local regulations and the City would be constrained in its ability to deny the project. City Council adoption of the Housing Element at the January 24th meeting allows staff to submit the document to HCD by the January 31, 2023 deadline, and would limiting potential impacts of the “builder’s remedy”.

Housing Element Components
The Housing Element is required by State law to include the following components:

1. Housing Needs Assessment: Examines demographic, employment and housing trends and conditions and identify existing and projected housing needs of the community, with attention paid to special housing needs (e.g., large families, persons with disabilities).

2. Evaluation of Past Performance: Review the prior Housing Element to measure progress in implementing policies and programs.

3. Housing Sites Inventory: Identify locations of available sites for housing development or redevelopment to ensure there is enough land zoned for housing to meet the future need at 113 of 1863
Honorable Mayor and Members of the City Council
January 24, 2023

Page 3 of 16 ends

all income levels. This section often receives the most public attention. Due to recent State laws, the State’s allocation to the Bay Area region was significantly increased in this cycle and State requirements for a city to identify a housing site are now more stringent.

4. Community Engagement: Implement a robust community engagement program, reaching out to all economic segments of the community including traditionally underrepresented groups.

5. Constraints Analysis: Analyze and recommend remedies for existing and potential governmental and nongovernmental barriers to housing development.

6. Policies and Programs: Establish policies and programs to be carried out during the 2023- 2031 planning period to fulfill the identified housing needs.

A significant new Housing Element requirement is to evaluate and include significant implementation on how goals and policies can affirmatively further fair housing (AFFH) as articulated in AB 686. AB 686, passed in 2018, imposes new requirements for all housing elements. These requirements include an assessment of fair housing practices, an analysis of the relationship between available sites and areas of high or low resources, and concrete actions in the form of programs to affirmatively further fair housing. The goal of this assessment and analysis is to replace segregated living patterns with truly integrated and balanced living patterns and to transform racially and ethnically concentrated areas of poverty into areas of opportunity.

The content of the draft 2023-2031 Housing Element is structured for consistency with the requirements set forth in State law. In addition to responding to the requirements of State law, the Housing Element demonstrates how the strategies to meet the City’s locally determined housing needs are addressed through plans, programs, and projects. This report provides an explanation on how the Housing Element Draft complies with State housing element law.

Regional Housing Needs Allocation
The statewide housing mandate for all jurisdictions to accommodate their share of housing needs is known as the Regional Housing Needs Allocation (RHNA). This informs the local planning process to address existing and future housing needs resulting from projected statewide growth in population, employment, and households. The Housing Element Update must address the housing needs identified by the RHNA prepared by the Association of Bay Area Governments (ABAG) for San Bruno. HCD required the Bay Area region to plan for 441,176 additional housing units during the 2023-2031 planning period. ABAG prepared a final RHNA plan that distributes this requirement among the region’s nine counties and 101 cities and towns. It is important to note that housing element law does not require a city to build housing units, but rather to demonstrate that the city has the land capacity to address RHNA through a required sites inventory analysis, and that the city has effectively removed governmental constraints for the construction of those units.

In March 2021, ABAG assigned San Mateo County 47,688 units. Of these units, San Bruno was assigned 3,165 new housing units, a significant increase from the 1,155 units allocated to the City in the prior planning period (5th Cycle).

A 15 percent buffer has been added to the total because HCD recommends an additional housing unit buffer be included in the RHNA allocation. This buffer is an important component of housing planning in that it allows for case-by-case decision-making on individual projects that may include fewer housing units than anticipated and while still ensuring that an adequate supply of sites is provided throughout the entire planning period (2023-2031), especially for 114 of 1863
Honorable Mayor and Members of the City Council
January 24, 2023

Page 4 of 16 ends

satisfying lower-income RHNA numbers. The buffer is intended to ensure compliance with the “No Net Loss Law” (Government Code Section 65863) legislation that became effective in 2019 (SB 166). No net loss means that any site designated for housing by the city should be developed as housing or an alternative site should be designated for housing elsewhere at the time a site is developed for an alternative use. Council provided feedback to staff supporting staff’s recommendation on the need for a 15% buffer.

Each city’s allocation is distributed into four (4) income categories based on the County’s Area Median Income. The table below shows San Bruno’s allocation by income category, with and without the 15 percent buffer:

TABLE 1: SAN BRUNO’S RHNA BY AFFORDABILITY
Income Category
Very Low
(Up to 50% of
Area Median
Income)
Low
(51% to 80% of
Area Median Income)
Moderate
(81% to 120% of
Area Median
Income)
Above Moderate
Market Rate Total
Housing Allocation 704 405 573 1,483 3,165
Housing Allocation
w/ 15% buffer 810 466 659 1,705 3,640
Source: Association of Bay Area Governments. Final Regional Housing Needs Allocation (RHNA) Plan: San Francisco Bay Area, 2023-2031. December 2021.

DISCUSSION:

As stated above, the element has been comprehensively updated to reflect recent changes in State laws, current housing conditions and other circumstances. The Draft Housing Element includes the following chapters and appendices:
 Chapter 1 – Introduction
 Chapter 2 – Needs Assessment
 Chapter 3 – Constraints
 Chapter 4 – AFFH
 Chapter 5 – Public Outreach
 Chapter 6 – Sites Inventory
 Chapter 7 – Programs
o Appendix A – Previous Cycle HE Accomplishments
o Appendix B – Housing Development and Construction
o Appendix C – Fair Housing Assessment
o Appendix D – AFFH Map and Data Packet
o Appendix E – AFFH Segregation Report
o Appendix F – AFFH Resident Survey Analysis
o Appendix G – Sites Inventory AFFH Supplement
o Appendix H – Disparate Access to Educational Opportunity o Appendix I – State Fair Housing Laws and Regulations
o Appendix J – Public Engagement
o Appendix K – Sites Inventory
o Appendix L – Housing Trust Fund Memo
o Appendix M – Policies Applicable to the Development of Sites in the Inventory 115 of 1863
Honorable Mayor and Members of the City Council
January 24, 2023

Page 5 of 16 ends

Needs Assessment
The needs assessment analysis is based on data from ABAG, and shows that San Bruno residents tend to be older and single-family homeowners. New households buying single-family homes in San Bruno tend to have above moderate-rate incomes and are replacing households with moderate and below moderate-rate incomes. Those who rent tend to live in multi-family buildings and experience higher rates of rent-burden (meaning that a large portion of income is spent on rent). Households that are most rent burdened are more concentrated in the neighborhoods east of El Camino Real which also experience higher rates of overcrowding, and substandard housing. Larger households, households headed by persons with disabilities, and lower income households have difficulty finding and affording proper housing. The city’s higher resource neighborhoods are generally located west of Interstate 280, and experience lower social vulnerability scores, concentrations of cost burdened households, overcrowding, and vulnerability to displacement, and experience better educational outcomes.

RHNA Obligation
The purpose of the housing element’s site inventory is to identify and analyze specific land (sites) that is available and suitable for residential development to determine the city’s capacity to accommodate residential development and reconcile that capacity with the city’s RHNA obligation of 3,165 units. Based on the city’s RHNA obligation, staff conducted a city-wide site inventory and review of existing land use densities, approved projects, and zoning regulations.

The City has the capacity to meet the RHNA through a variety of methods, including: 1) projects in the pipeline; 2) future development of accessory dwelling units (ADUs); 3) capacity on existing, residentially zoned sites; and 4) identification of land to rezone to accommodate remaining RHNA. The table below lists the city’s strategy for accommodating its RHNA.

Table 2: Meeting the RHNA
Allocation Units
Required RHNA 3,165
Required RHNA + 15% Recommended Buffer 3,640
Project Type Units
Pipeline Projects 670
Accessory Dwelling Units (ADU’s) 240
Sites Inventory 2,709
Housing Units Constructed since July 1, 2022 43
Draft Housing Element Total 3,662
Source: City of San Bruno 2022
Pipeline Projects
Housing units that have either been approved, issued a building permit, or received a certificate of occupancy since the beginning of the RHNA projection period may be credited toward meeting the RHNA allocation based on the affordability and unit count of the development.

There are 670 units in the pipeline, which effectively reduces the number of units for which the City must find sites.

Accessory Dwelling Units
The construction of new ADUs in recent years has increased housing opportunities in single - family zones, areas which have traditionally been out of reach for renters. While allowed in multi-family districts as well, the vast majority of new ADUs constructed or under development in 116 of 1863
Honorable Mayor and Members of the City Council
January 24, 2023

Page 6 of 16 ends

the past 4 years have been in R-1 neighborhoods, providing potential rental housing opportunities in otherwise, high-cost neighborhoods. ADU’s also serve as an important land use mechanism for integrating the higher resource neighborhoods in the city located west of Interstate 280. The city estimates 240 new ADUs over the planning period base on annual ADU production since 2018. Emphasis will be placed on new ADUs in the Rollingwood, Crestmoor, Pacific Heights, and Portola Highlands neighborhoods to increase access to higher resourced neighborhoods to affirmatively further fair housing. This further reduces the number of units the City must identify sites for in the Site Inventory.

Site Inventory
The Site Inventory represents properties within the City at which the remaining RHNA obligation could feasibly be located. One of the challenges this cycle was identifying sufficient housing sites to meet San Bruno’s RHNA. This is in part due to the higher RHNA, but also because of new requirements for a site to be included on the Site Inventory. New laws require more justification to identify housing sites.

The Site Inventory in the Housing Element demonstrates the City has adequate sites to feasibly accommodate the RHNA obligation with a 15% buffer. A full table and map of the site inventory in Table 6-5 in Exhibit a. of Attachment 3. The majority of the sites are along, or near, the El Camino Real corridor, and are already zoned to allow housing at the densities listed in the Site Inventory.

Development sites which are proposed for future changes in zoning to permit housing would include the Shops at Tanforan (“Tanforan”) and the San Bruno Pet Hospital (“Pet Hospital”) where 1,000 and 60 housing units are proposed respectively.

The City is not required to have the RHNA obligation constructed, as the City does not have direct control over the business decisions of property owners and builders, or control over the overall economy. The State has concluded that local governments, in general, have “governmental constraints” in place that have reduced the number of housing units built over many decades. These constraints may be related to development regulations, guidelines, hearing processes, actions at hearings, and fees. State law focuses on local government’s removing “governmental constraints” to the construction of housing through establishing objective development standards, limiting the number of hearings a project may go to, and effectively requiring local governments to approve housing projects that comply with the allowed density of their General Plan or zoning.

It is also accepted that the actual housing built over the next eight years may occur on properties outside the Site Inventory. If a housing unit is added on a property outside of the Site Inventory, the City will still include that in our annual reports to HCD and that unit will be credited toward the City’s RHNA obligation.

Housing in Airport Noise Areas
The Tanforan and Pet Hospital sites are located within Airport Influence Area B and within the 70 to 75 decibel (dB) Community Noise Equivalent Level (CNEL) contour where housing is considered incompatible pursuant to the Comprehensive Airport Land Use Compatibility Plan for the Environs of San Francisco International Airport (SFO ALUCP) and the City’s current General Plan.
117 of 1863
Honorable Mayor and Members of the City Council
January 24, 2023

Page 7 of 16 ends

Airport Land Use Commission (ALUC) Override
On November 10, 2022 the ALUC reviewed the draft Housing Element for land use consistency with the SFO ALUCP and determined it to be inconsistent because allowing housing on these two sites are inconsistent with the SFO ALUCP noise policies. Basically, allowing housing on these sites places residents in conditions with noise impacts. As the indoor noise impacts can be mitigated through construction methods, as a final review authority on legislative acts, the City Council may choose to override the ALUC’s determination. The local agency override process involves three mandatory steps:

1. Holding a public hearing by the local agency on the proposed override action;

2. Making of specific findings by the governing body of the local agency that the proposed local action is consistent with the purposes of the airport land use commission statutes;

3. Approval of the override action by a two-thirds vote of the local agency’s governing body; the override action must include adoption of the specific findings identified in Step 2, above.

The process for an override is a two-step process, which is established in Public Utilities Code Section 21676. The local agency override process requires two City Council meetings as follows:

City Council Meeting No. 1 – November 15, 2022: The City Council has already completed the first step with the public hearing held on November 15, 2022, and adoption of a resolution making draft findings and declaring an intent to override the ALUC’s determination of inconsistency with the policies of the SFO ALUCP regarding the Housing Element and to provide notice, in accordance with Sections 21676(b) of the California Public Utilities Code, to the ALUC and the State of California Department of Transportation’s Division of Aeronautics.

This must occur at least 45 days prior to the decision by the City Council to override the inconsistency determination, as the agencies have a 30-day comment period. On November 15, 2022, Council adopted a resolution with draft findings declaring an intent to override the ALUC decision. On November 16, 2022, staff notified the ALUC and the State of California Department of Transportation’s Division of Aeronautics of the City’s intent to override. In response, the City received letters from SFO and Caltrans Division of Aeronautics which are exhibits to Attachment 3 of the staff report. The Caltrans letter cites the City’s override findings (Council Resolution No. 2022-112) as insufficient to warrant the proposed overrule because they do not provide evidence that the proposed project will meet the requirements of California Public Utilities Code section 21670(a)(1) and (2). The new housing units contemplated at the sites, however, would be subject to construction requirements to ensure that interior noise exposure would not exceed 45 dB, thus minimizing the public’s exposure to excessive noise.

City Council Meeting No. 2 – January 24, 2023: The second step is part of this agenda item.

Not less than 45 days after notification has been sent to the ALUC and Division of Aeronautics, the City Council may decide to adopt a resolution to override the ALUC’s determination of inconsistency with the policies of the SFO ALUCP, and make specific findings that the Housing Element is consistent with the purposes of the State Aeronautics Act, as set forth in PUC Section 21670, namely the protection of public health, safety, and welfare in the areas surrounding airports. In the context of the Housing Element, staff is recommending that the City Council override the inconsistency determination at the same meeting at which it will consider adopting the Housing Element and its associated General Plan amendment. If City Council does not override the ALUC determination, then the Housing Element inventory must be amended to remove the Tanforan and Pet Hospital sites and find locations for 1,060 units elsewhere in the community. This would delay adoption and certification of the Housing Element by several 118 of 1863
Honorable Mayor and Members of the City Council
January 24, 2023

Page 8 of 16 ends

months. The override resolution setting forth the City’s findings is Attachment 2 to the staff report.

General Plan Amendment Related to Airport Noise Areas
In addition to overriding the ALUC determination, identifying the Tanforan and Pet Hospital sites for housing requires an amendment to the city’s General Plan. The City’s current General Plan Policy, Health and Safety Policy, HS-40 states: “Prohibit new residential development within the 70+ Airport CNEL areas, as dictated by Airport Land Use Commission infill criteria.” The City has prepared an amendment to General Plan HS-40: “Prohibit new residential development within the 70+ Airport CNEL areas, as dictated by Airport land Use Commission infill criteria, unless, on a project-by-project basis, a proposed residential development is approved through the Local Agency Override process consistent with the Public Utilities Code Section 21675.1(d).” This amendment is being processed concurrently with the Housing Element. The amendment has also been reviewed by the ALUC and been determined to be consistent with the Airport Land Use Compatibility Plan for the environs of San Francisco International Airport.

General Plan
Policy
Existing Policy Language Proposed Policy Amendment
HS-40 Prohibit new residential development
within the 70+ Airport CNEL areas, as
dictated by Airport Land Use
Commission infill criteria.

Prohibit new residential development within the 70+
Airport CNEL areas, as dictated by Airport land Use
Commission infill criteria, unless, on a project-byproject basis, a proposed residential development is approved through the Local Agency Override
process consistent with the Public Utilities Code
Section 21675.1(d).

Goals and Programs
The goals and programs of the Housing Element Update serve as the City’s strategy for addressing its housing needs (Chapter 7). The goals are purpose statements that indicate the City’s direction on housing-related needs. Each goal includes programs that are actionable steps taken to implement the policies and further the City’s progress towards its goals. HCD requires these programs have quantified objectives, which refer to the number of units that are expected to be constructed, preserved, or rehabilitated through the program during the planning period. These quantified objectives represent measurable outcomes that can be used to benchmark the success of each program.

The revised draft Housing Element includes updates intended to facilitate the number and type of housing for all income levels in San Bruno. In accordance with state law, the City will also evaluate the progress and effectiveness of these programs on an annual basis. Together, these initiatives reflect the City’s commitment to increasing the availability of affordable housing and improving existing housing conditions. Some programs represent a continuation of existing programs with some refinements, and there are new policies and programs in response to new state housing legislation.

Implementing these programs is necessary for the Housing Element to remain in compliance with State law. Funding for staffing, consultants and program operations will be necessary in future budgets for these programs.
119 of 1863
Honorable Mayor and Members of the City Council
January 24, 2023

Page 9 of 16 ends

HCD Review
On July 8, 2022, the City’s draft 2023-2031 Housing Element update was submitted to HCD for the 90-day review period. On October 6, 2022, the city received HCD’s review comments. While HCD concluded that the Draft 2023 -2031 Housing Element met many of the statutory requirements, they identified revisions that they believe are necessary before the agency would certify the Housing Element (Attachment 1). Some of HCD’s comments only require technical or clerical revisions, such as additional data and information to, in HCD’s opinion, comply with state law, such as the Affirmatively Furthering Fair Housing analysis. Other comments call for more robust City administrative efforts to encourage and facilitate housing development. Some comments raise substantive policy concerns regarding issues such as the City’s development standards and permit procedures. Staff sorted all of HCD’s comments into a table and provided a response to each one (Exhibit Attachment 2). The revised Draft 2023-2031 Housing Element update is provided as Attachment 3 and incorporates revisions to address the comments provided by HCD. In the letter, HCD organized the comments into five topic areas as listed below, with a brief description of how staff has responded to HCD comments:

1. Review and Revision (of the City’s 2015-2023 Housing Element) Appendix A was revised to provide additional evaluation of whether the programs in the 2015-2023 Housing Element were effective in addressing housing needs of special needs populations (e.g., elderly, persons with disabilities, large households, female headed households, farmworkers, and persons experiencing homelessness).

2. Housing Needs, Resources, and Constraints
Chapter 4 of the Housing Element is titled Affirmatively Furthering Fair Housing (AFFH), and was revised to include expanded analysis and actions. The revisions include new maps and related analysis to comprehensively describe San Bruno’s fair housing conditions and issues broken down by census tract. New mapping and information primarily show the city’s housing opportunity sites are located with respect to different fair housing metrics, such as racial demographics and renter overpayment. In response to the additional data and analysis, the programs chapter was significantly revised to reflect programs added to address the new AFFH data and analysis. In general, revised programs require staff to take a more active role in ensuring fair housing compliance within the city. Additionally, the city must develop strategies to facilitate a variety of housing choices within the city for lower income households. o Sites Inventory. Because relatively little vacant land suitable for housing development remains in San Bruno, most of the future housing development is expected to occur through redevelopment of previously developed, nonresidential sites, referred to as “underutilized” sites in the Housing Element, that are smaller than a half-acre. Underutilized site development could occur through demolition/redevelopment or through new housing construction on vacant portions of parcels, such as parking lots. More analysis was added to Chapter 6 to justify the redevelopment potential of every site in the inventory. The ADU assumptions were revised downward for consistency with HCD ADU projection guidance and the ADU affordability assumptions were clarified. o Housing Needs. State law establishes specific requirements related to City regulation of housing for persons with special needs, including the homeless and persons with disabilities. Chapter 2 of the Housing Element was revised to 120 of 1863
Honorable Mayor and Members of the City Council
January 24, 2023

Page 10 of 16 ends

include an analysis of City plans and regulations for a variety of housing types.

The analysis concluded that while current City regulations are consistent with most laws regarding special needs housing, some recently adopted laws will require amendments to the Zoning Ordinance to ensure consistency with State law.

The analysis in Chapter 2 was revised to include median rents in the city from a second source and include an estimate and analysis of substandard housing units in the city. Regulations for employee (farmworker) housing, consistent with the Employee Housing Act (Health and Safety Code Sections 17000 et seq.) was addressed. Additionally, state regulations regarding emergency shelters were also addressed. Programs were added to assist in the development of housing for extremely low-income households.
o Constraints. State law requires an analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels. Governmental constraints include policies, procedures and regulations that affect housing development. Constraints to housing production in the city are analyzed in Chapter 3 of the 2023-2031 draft Housing Element update. In response to HCD comments, additional analysis has been provided regarding the city’s density bonus ordinance, off site improvement requirements for new development, permit processing times, reasonable accommodations ordinance, and design review process.

3. Housing Programs
HCD stated that programs must demonstrate that they will have a beneficial impact within the planning period. Beneficial impact means specific commitment to deliverables, measurable metrics or objectives and definitive timelines. Deliverables should occur early in the planning period to ensure actual housing outcomes. Additionally, the timing of these programs should be benchmarked to a known date (e.g., within one year of the planning period). In response to this comment, the programs in Chapter 7 were revised to provide additional specific objectives and timing. This feedback resulted in changes to several programs. Most notably, proactive outreach was added to the action items associated with many programs and incentives were added to a few programs. Other changes to the programs in Chapter 7 are noted above. A summary of changes has been specifically prepared to explain the changes in Chapter 7. These programs will require funding and resources by the City. This will be further reviewed and the costs quantified as part of the upcoming FY2023-24 budget.

4. Quantified Objectives
Housing Elements must include quantified objectives for the construction, rehabilitation, and preservation of housing. The first draft generally did not address this requirement, so it has been added to the end of Chapter 7.

5. Consistency with General Plan
The Revised Draft includes a discussion of how General Plan internal consistency will be maintained throughout the planning period. Committing the City to amend the General Plan, as necessary to ensure consistency between elements, including the Housing Element, is the primary strategy to address this comment from HCD. 121 of 1863
Honorable Mayor and Members of the City Council
January 24, 2023

Page 11 of 16 ends

Planning Commission Review
The Planning Commission reviewed the Draft 2023-2031 Housing Element update at its meeting on January 12, 2023, at which time the Commission adopted resolution Nos. 2023-01 and 2023-02 recommending that the City Council adopt the IS/MND and MMRP, adopt the 2023-2031 Housing Element Update, replacing the 2015-2023 Housing Element, and instruct staff to forward it to HCD for review, and adopt a related General Plan text amendment related to the allowance of housing in airport noise impacted areas. There were no public speakers for this item.

Additionally, the Planning Commission recommended:

1. Incorporating the mitigation policies identified in the MND into the Housing Element as City policies applicable to the development of the sites in the inventory. This was recommended by the City Attorney’s Office and has been incorporated into the attachments as Appendix M of the Housing Element;

2. Incorporation of additional information into the Housing Element to bolster the justifications for development/redevelopment potential of developed sites in the inventory to the extent possible prior to submission to HCD. Specifically, it was suggested that the City should do more to justify the selection of properties, particularly whether the owners are interested in housing. The property owners listed in the Site Inventory have been informed, and the City has not received any concerns from those owners. Given the upcoming January 31, 2023 submittal deadline, staff does not recommend this item.

3. Considering a “jobs to housing ratio-based” housing target for the Tanforan site rather than a flat number of units. The Housing Element identifies 1,000 units for the Tanforan site. This is based on the Reimagining Tanforan Land Use Fact Sheet concept from Alexandria Real Estate Equities adopted by City Council on July 27, 2021. That fact sheet proposed a mixed office, retail, open space and residential project.

The Commission’s suggestion is to effectively require a larger proportion of housing units in the project, which because of the ALUC’s height limits, likely would reduce the office, retail or open space areas in the project.

Staff does not recommend pursuing this recommendation for multiple reasons:
o Requiring more housing at Tanforan is inconsistent with the City Council’s adopted the Reimagining Tanforan Land Use Fact Sheet;
o Given ALUCP height constraints, requiring more housing would effectively require less life science or retail uses, which is counter to the property owner’s interest. That could reduce the chances the overall project happens within the 6th Cycle; and
o Given ALUC’s concerns with even 1,000 units in the area, adding more housing to Tanforan will increase their concerns related to housing added on this site. 122 of 1863
Honorable Mayor and Members of the City Council
January 24, 2023

Page 12 of 16 ends

Project Timeline
The preparation of this Housing Element update has been a multi-year task that included significant community engagement and input from the Planning Commission and City Council:
 April 2021 – The city hosted the first public workshop which focused on educating the public on Housing Elements and the RHNA process.
 Fall 2021 – 21 Elements hosted a four-part webinar series to help educate community members about local housing issues.
 January 2022 – Launch of a Housing Element Update website that included links to past event video recordings, meeting materials, outreach and survey summaries, and information about upcoming meetings and ways to get involved.  January 2022 – The City Council held a study session to review and discuss the draft Housing Element Update.
 April – May 10, 2022 – A citywide flyer distributed in resident utility bills in April and May 2022 – inviting community members to participate in community workshops, public meetings, and online surveys. The same flyer was hand distributed to downtown businesses.
 April – July 2022 – The city opened a survey to get input on housing preferences and preferred strategies for accommodating our RHNA.
 May 2022 – Staff presented the city’s draft programs to the Equity Advisory Group for feedback.
 May 2022 – The City Council held a study session to review the draft Housing Element and announce the public release of the draft document.
 May 2022 – The city hosted two community workshops to get input on the community’s needs and present draft programs under consideration.
 May – June 2022 – The draft Housing Element was made available for public review from May 24, 2022, to June 24, 2022.
 June 2022 – The Planning Commission held a study session on the draft Housing Element.
 July 2022 – The first draft of the Housing Element was submitted to HCD for a 90-day review period.
 September 2022 – Staff met with HCD staff to discuss their review comments.  October 2022 – HCD’s review comments on the draft Housing Element were received.  July – December 2022 – The draft Housing Element Update was subsequently revised to address the comments from the community and HCD (§ 65585(b),(2)).  December 2022 – The revised draft Housing Element Update was released for public review.
 January 2023 – The revised draft Housing Element update will be resubmitted to HCD for its second 60-day review (§ 65585(b), (1)) and potential certification.

PUBLIC NOTICE
A notice regarding the Revised Draft Housing Element Update was published in the San Mateo Daily Journal on January 14, 2023. Because the Revised Draft Housing Element applies to the entire city, as required by law, this hearing was advertised by means of a public notice publication. Meeting agendas were posted at City Hall and on the City’s website.

NEXT STEPS
If adopted by City Council, the draft 2023-2031 Housing Element Update will be submitted to HCD for review and certification. Government Code § 65585(h) stipulates that HCD will have up 123 of 1863
Honorable Mayor and Members of the City Council
January 24, 2023

Page 13 of 16 ends

to 90 days to review and certify (or not certify) the adopted housing element. If HCD does concur with the City that the document substantially complies with the requirements of Housing Element Law, they will provide additional comments and staff will continue to work with HCD to address their comments. The resolution for adoption of the Housing Element also authorizes the City Manager to make non-substantive changes to the 2023-2031 Housing Element related to any comments received from the HCD to gain certification and concurrence that the Housing Element substantially complies with State Housing Element Law. If notable policy changes are contemplated, staff will bring the Housing Element back to Planning Commission and City Council for further consideration.

FISCAL IMPACT:

Preparation of the Housing Element has been included and approved as part of the 2022-2023 operating budget. To date, $267,990 in total funding has been allocated to the Housing Element update. This includes staff time, consultant work prepared by 21 Elements ($55,000), consultant work prepared by Good City company ($75,000), and consultant work prepared by David J Powers ($137,990) for environmental analysis. The cost of the preparation of the Housing Element is offset by state grants up to $192,498 (LEAP and REAP).

ENVIRONMENTAL IMPACT:

The draft 2023-2031 Housing Element has been reviewed for compliance with the requirements of the California Environmental Quality Act (CEQA), Public Resources Code § 21000 et seq., the CEQA Guidelines. An Initial Study/Mitigated Negative Declaration (IS/MND) has been prepared by David J. Powers & Associates in accordance with the CEQA Guidelines (Exhibit a. to Attachment 1). The IS/MND includes the analysis of changes and potential impacts related to the adoption of the draft Housing Element as an update to the City’s existing Housing Element.

The draft Housing Element analyzes governmental constraints to housing maintenance, improvement, and development; addresses conservation and improvement of the condition of existing affordable housing stock; and outlines policies and programs that promote housing opportunities for all persons. To assess options for meeting its RHNA, the City compiled an inventory of candidate housing sites, which includes properties within the commercial and specific plan areas. The revised draft Housing Element intends to reduce potential environmental impacts by situating housing near higher density areas and public transportation, and away from environmentally sensitive resources. The IS/MND includes the analysis of the changes and potential impacts related to the adoption of the revised draft Housing Element. No physical development or land use changes are addressed or evaluated. The City would analyze land use changes as a separate action to demonstrate compliance with the requirements of CEQA. The 30-day public review and comment period on the Initial Study/Mitigated Negative Declaration was from Friday, December 9, 2022, to Monday, January 9, 2023.

During the public comment period, the City received two comment letters on the draft IS/MND from the San Francisco International Airport and the San Mateo County Flood and Sea Level Rise Resiliency District. The two comment letters are exhibits to Attachment 1 of the staff report.

Although not required for an MND, the City prepared responses to the comments which are included as an exhibit to Attachment 1. The letters didn't identify new or significant impacts and didn't change the conclusions in the IS/MND. However, in response to the comments, certain clarifications were made to the Final IS/MND document presented for Council's consideration. 124 of 1863
Honorable Mayor and Members of the City Council
January 24, 2023

Page 14 of 16 ends

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
· Agriculture and Forestry Resources
· Energy
· Geology and Soils
· Hydrology and Water Quality
· Land Use and Planning
· Mineral Resources
· Population and Housing
· Public Services
· Recreation
· 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 future development under the Housing Element could combine with existing TAC sources and expose existing sensitive receptors to substantial pollutant concentrations. Therefore, to determine whether future construction could result in individually or cumulatively significant impacts, health risk assessments would need to be prepared for each individual project completed under the Housing Element Update. Furthermore, implementation of the BAAQMD’s Basic Construction Mitigation Measures would minimize NOX construction related emissions to less-thansignificant. Preparation health risks assessments and compliance with BAAQMD’s Basic Construction Mitigation Measures are specified as mitigation measures.  Biological Resources – Construction of future development under the Housing Element could impact nesting birds resulting in the loss of fertile eggs. Therefore, a nesting bird survey is required prior to construction at any housing site during nesting season.  Cultural Resources – Cultural Resources could be encountered during construction, so standard mitigation measures related to preserving and protecting cultural resources is included.
 Greenhouse Gas Emissions – Construction of future development under the Housing Element Update would result in the temporary generation of GHG emissions.

Compliance with BAAQMD’s Basic Construction Mitigation Measures is specified as a mitigation measure to reduce the impact to less than significant.  Hazards and Hazardous Materials – The potential presence of asbestos and leadbased 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 onsite soil during grading and excavation. These represent potentially significant impacts to 125 of 1863
Honorable Mayor and Members of the City Council
January 24, 2023

Page 15 of 16 ends

the public, therefore, mitigation measures have been applied to the project to address them.
 Noise and Vibration – Construction activities have the potential to result in ground borne vibration that could impact nearby sensitive uses. Therefore, in order to determine whether future construction could result in significant ground borne vibration impacts, ground borne vibration studies would need to be prepared for each individual project completed under the Housing Element Update.
 Transportation – Development of the housing sites under the Housing Element Update result in transportation related inconsistencies with General Plan programs, plans, ordinances, and policies regarding the roadway network associated with operation of residential uses. Therefore, prior to approval, the 2023-2031 Housing Element shall include a policy requiring future development at all Housing Opportunity Sites that would generate a sufficient amount of trips (as determined by the City’s traffic engineer) to prepare a Transportation Analysis (TA) prior to the issuance of any discretionary permits.

These mitigation measures would apply to the development of the sites in the inventory and have been incorporated into a mitigation monitoring and reporting programs which can be found in Attachment 1 to the staff report. Additionally, the mitigation measures have been incorporated into the Housing Element (Attachment 3) as Appendix M.

RECOMMENDATION:

Staff recommends that the City Council adopt three resolutions:

1. Adopt an Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the 2023 – 2031 Housing Element Update (Attachment 1);

2. Adopt a Resolution making findings and overriding the Airport Land Use Commission’s determination of inconsistency with respect to noise policies for San Bruno‘s draft 2023- 2031 Housing Element Update (Attachment 2); and

3. Adopt a General Plan Text Amendment to Policy HS-40 to acknowledge the Local Airport Land Use Commission’s (ALUC) Override Process, and adopt the 2023–2031 Housing Element Update, replacing the 2015-2023 Housing Element, with findings that the Housing Element substantially complies with Housing Element Law, and authorize staff to submit the Housing Element to the California Department of Housing and Community Development for certification (Attachment 3).

ATTACHMENTS:

1. Resolution No. 2023 – XX Adopting an Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the 2023 – 2031 Housing Element

1. Draft IS/MND for the Housing Element update

2. Mitigation Monitoring and Reporting Program (MMRP)

3. Response to comments

2. Resolution No. 2023 – XX Overriding San Mateo City / County Association of Governments (C/CAG) Airport Land Use Commission’s (ALUC) determination of inconsistency with respect to noise policies for the Draft 2023-2031 Housing Element Update.

1. Public comment letters on the intent to override

3. Resolution No. 2023 – XX Adopting the 2023 – 2031 Housing Element, with findings that the Housing Element substantially complies with Housing Element Law, and authorizing Staff to 126 of 1863
Honorable Mayor and Members of the City Council
January 24, 2023

Page 16 of 16 ends

submit the Housing Element to the California Department of Housing and Community Development for certification; and approving an associated text amendment to the General Plan policy HS-40 recognizing the ALUC local override process. a. Draft 2023-2031 Housing Element update
b. Plan conformity with Housing Element Law
c. Staff response to HCD comments
d. General Plan Amendment to Policy HS-40
e. HCD’s review letter

4. Planning Commission Resolutions
a. Planning Commission Resolution No. 2023-01
b. Planning Commission Resolution No. 2023-02
127 of 1863
RESOLUTION NO. 2023 -

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 2023 – 2031 HOUSING ELEMENT UPDATE
WHEREAS, State law requires each jurisdiction in California to adopt a General Plan, which includes a Housing Element; and
WHEREAS, the proposed 2023-2031 Housing Element will replace the existing 2015- 2023 Housing Element and will serve as the City of San Bruno’s guiding policy document for meeting the City’s future housing needs at all economic levels; and WHEREAS, jurisdictions within the San Francisco Bay Area region are required to prepare an update to their Housing Elements for the 2023-2031 planning period; and WHEREAS, the City of San Bruno was allocated 3,165 housing units to plan for over the 2023-2031 planning period; and
WHEREAS, pursuant to Government Code Section 65583(a)(3), the Housing Element Update is a policy document which includes the preparation of an inventory of land suitable and available for residential development, including vacant sites and sites with a realistic and demonstrated potential for redevelopment during the planning period to meet the City’s housing need at the designated income levels; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and Implementing Guidelines, an Initial Study and Draft Mitigated Negative Declaration (IS/MND), dated December 2022, was prepared by David J. Powers & Associates, Inc. and, based on the type and intensity of land uses and programs identified with the 2023-2031 Housing Element update 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 2023-2031 Housing Element update will have no impacts, or less than significant impacts, on Aesthetics, Agriculture and Forestry Resources, Energy, Geology and Soils, Hydrology and Water Quality, Land Use and Planning, Mineral Resources, Population and Housing, Public Services, Recreation, Utilities and Service Systems, and Wildfire; the Project’s impacts on Air Quality, Biological Resources, Cultural Resources, Greenhouse Gas Emissions, Hazards and Hazardous Materials, Noise, Transportation, and Tribal Cultural Resources are potentially significant but that all such impacts can be reduced to levels of insignificance by implementation of the mitigation measures identified in the MND; and
WHEREAS, 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 and through the State Clearing House (SCH # 2021030357) 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 December 9, 2022 and ending January 9, 2023; and WHEREAS, the City received two public comment letters on the Initial Study/Mitigated Negative Declaration during the public review period and the comments were sufficiently addressed in the “Response to Comments” document attached hereto as Exhibit "C" and incorporated herein by reference; 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 2023-2031 Housing Element update, 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 copy of the Initial Study/Mitigated Negative Declaration is set forth in Exhibit "A" and incorporated herein by reference; and
WHEREAS, the Planning Commission serves as an advisory body to the City Council as to the Housing Element Update Project, and in that capacity, on January 12, 2023, the Planning Commission adopted Resolution 2023-01 recommending that the San Bruno City Council adopt an Initial Study and Mitigated Negative Declaration (IS/MND), and Mitigation Monitoring and Reporting Program prepared by David J. Powers & Associates, Inc. to analyze the environmental effects of the draft Housing Element Update and, based on the type and intensity of land uses identified 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 2023-2031 Housing Element Update was duly posted in the San Mateo Daily Journal on Saturday, January 14, 2023; and WHEREAS, the City Council held a Public Hearing for the 2023-2031 Housing Element Update on January 24, 2023 and on said date, the Public Hearing was opened, held and closed.

WHEREAS, City’s Department of Community & Economic Development, 567 El Camino Real, San Bruno, CA, 94066, is the custodian of the documents and other materials that constitute the record of proceedings related to the Project and the Initial Study/ Mitigated Negative Declaration; and,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Bruno as follows, based on facts in the staff reports, written and oral testimony, and exhibits presented:

1. That the City Council has independently reviewed and analyzed the Initial Study/Mitigated Negative Declaration and other information in the record including public comments and the responses to those comments, and has considered the information contained therein prior to acting upon the Project. Based on all evidence in the administrative record for the Project, the City Council hereby makes the following specific findings:
a. The draft Initial Study/Mitigated Negative Declaration prepared for the Project has been completed in compliance with CEQA and the CEQA Guidelines.
b. The draft 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 City Council has considered the draft Initial Study/Mitigated Negative Declaration.
d. The draft 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 housing element policies.

2. Based upon the Draft Mitigated Negative Declaration and comments and testimony received, the City Council hereby finds that there is no substantial evidence that the 2023-2031 Housing Element update, as mitigated, will have a significant effect on the environment.

3. The City Council hereby adopts the Initial Study and Mitigated Negative Declaration attached hereto as Exhibit A and adopts the Mitigation Monitoring Program attached hereto as Exhibit B.

Dated: January 24, 2023
-o0oI, Lupita Huerta, City Clerk, do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the City Council of the City of San Bruno this 24th day of January 2023 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

Lupita Huerta, City Clerk
Exhibit A
2023-2031 HOUSING ELEMENT UPDATE

FOR THE CITY OF SAN BRUNO

INITIAL STUDY
AND

DRAFT MITIGATED NEGATIVE DECLARATION
December 2022
Prepared by:

David J. Powers & Associates, Inc.
1736 Franklin Street, Suite 300
Oakland, CA 94612
Initial Study/Mitigated Negative Declaration
2023-2031 Housing Element Update
December 2022 (Revised January 2023)
In Consultation with
Prepared by

CITY OF SAN BRUNO
Mitigated Negative Declaration
Pursuant to Section 21000 et seq of the Public Resources Code, a Mitigated Negative Declaration is hereby granted for the following project:

1. Project Title: 2023-2031 Housing Element Update

2. Lead Agency Name and Address: City of San Bruno
567 El Camino Real
San Bruno, CA 94066

3. Contact Person and Phone Number: Michael Smith
Senior Planner
[email protected]
650-616-7062

4. Project Location The proposed project would occur entirely within the City of San Bruno, which is located
in northern San Mateo County. The city limits
encompass a 5.49 square-mile area that
stretches 3.5 miles from the relatively flat
eastern areas along Highway 101 to the hilly
western neighborhoods located on the eastern
facing slope of the Coast Ranges.

5. Project Sponsor's Name & Address: City of San Bruno
567 El Camino Real
San Bruno, CA 94066

6. Description of Project: The project proposes to update the Housing Element of the San Bruno General Plan 2025 in
accordance with California Government Code
Section 65583. The proposed 2023-2031
Housing Element will replace the existing
2015-2023 Housing Element and serve as the
City of San Bruno’s guiding policy document
for meeting the City’s future housing needs at
all economic levels. As a policy document, the
Housing Element does not result in direct
physical changes to the environment but would
indirectly lead to physical environmental
changes by enabling the development of
approximately 3,618 additional housing units
within the City’s jurisdiction.

As required by Government Code Section
65583(a)(3), the Housing Element Update
involves the preparation of an inventory of land
suitable and available for residential
development, including vacant sites and sites
with a realistic and demonstrated potential for
redevelopment during the planning period to
meet the City’s housing need at the designated
income levels. In accordance with the sites
inventory requirements under California
Government Code sections 65583(c), the
project will also include a program that
identifies actions that the City is undertaking or
intends to undertake to implement the policies
and achieve the goals and objectives of the
2023-2031 Housing Element through the
administration of land use and development
controls (including General Plan Amendments
and rezoning).

FINDING
The Community and Economic Development Director finds the project described above will not have a significant effect on the environment in that the attached Initial Study identifies one or more potentially significant effects on the environment for which the project sponsor, before public release of this draft Mitigated Negative Declaration (MND), has made or agrees to make project revisions that clearly mitigate the effects to a less than significant level.

MITIGATION MEASURES INCLUDED IN THE PROJECT TO REDUCE POTENTIALLY

SIGNIFICANT EFFECTS TO A LESS THAN SIGNIFICANT LEVEL
A. AESTHETICS – The project will not have a significant impact on this resource; therefore, no mitigation is required.

B. AGRICULTURE AND FOREST RESOURCES – The project will not have a significant impact on this resource; therefore, no mitigation is required.

C. AIR QUALITY
MM AIR-3.1: Prior to approval, the 2023-2031 Housing Element shall include a policy requiring future development at all Housing Opportunity Sites to implement the following measures during demolition and construction:
a. Use Tier 4 engines for all off-road equipment greater than 50 horsepower (hp) and operating for more than 20 total hours over the entire duration of construction activities.
b. Use diesel trucks with 2010 or later compliant model year engines during construction.
c. Use renewable diesel during construction.
d. Use low-VOC coatings during construction.
e. Implement BAAQMD best management practices and if
necessary, enhanced measures recommended by BAAQMD.
f. Use portable electrical equipment where commercially available and practicable to complete construction.

Construction contractors shall utilize electrical grid power instead of diesel generators when (1) grid power is available at the construction site; (2) when construction of temporary power lines are not necessary in order to provide power to portions of the site distant from existing utility lines; (3) when use of portable extension lines is practicable given construction safety and operational limitations; and (4) when use of electrical grid power does not compromise construction schedules.

MM AIR-3.2: Prior to approval, the 2023-2031 Housing Element shall include a policy requiring future development at all Housing Opportunity Sites to conduct a construction and operational health risk assessment (HRA) prior to the issuance of discretionary permits that would allow demolition or construction activities to take place (whichever occurs first). If the HRA demonstrates, to the satisfaction of the City, that the health risk exposures for adjacent receptors will be less than BAAQMD project-level thresholds, then additional mitigation would be unnecessary. However, if the HRA demonstrates that health risks would exceed BAAQMD project level thresholds, additional feasible on- and off-site mitigation shall be analyzed to further reduce risks to the greatest extent practicable.

D. BIOLOGICAL RESOURCES
MM BIO-1.1: Prior to approval, the 2023-2031 Housing Element shall include a policy requiring future development at Housing Opportunity Sites to comply with the following measures:
a. Demolition and nesting substrate (e.g., trees, bushes, grasses, and other vegetation) removal activities shall be scheduled to avoid nesting season (February 1 to August 31). To the extent feasible, construction activities shall be scheduled to occur during the non-nesting season (September 1 through January 31).
b. Prior to issuance of any discretionary permits that would allow construction activities during the nesting season, a qualified biologist shall complete pre-construction surveys for active nests within 14 days of work commencing. The survey area must include the proposed development area and all areas within 300 feet of the development area boundary (“zone of influence”). If active nest, roost, or burrow sites are identified within the zone of influence, a no-disturbance buffer shall be established for all active nest sites prior to commencement of any proposed construction-related activities to avoid
disturbances to migratory bird nesting activities. A nodisturbance buffer constitutes a zone in which construction activities cannot occur. The sizes of the buffers shall be determined by a qualified biologist based on the species, activities proposed near the nest, and topographic and other visual barriers. Buffers shall remain in place until the young have departed the area or fledged and/or the nest is inactive, as determined by the qualified biologist.
c. If work is necessary within a buffer zone of an active bird nest, work may occur under the supervision of a qualified avian biologist. The qualified avian biologist monitoring the construction work shall have the authority to stop work and adjust buffers if any disturbance to nesting activity is observed.

E. CULTURAL RESOURCES
MM CUL-1.1: Prior to approval, the 2023-2031 Housing Element shall include a policy requiring future development at Housing Opportunity Site 14 to comply with the following measures:
a. Removal or alteration of the commemorative features of California Historic Landmark #934 shall be prohibited, and must be incorporated into any future development proposals for Site 14.
b. As part of the future project-level CEQA analysis of any discretionary permit that would allow the demolition of the existing buildings located at Site 14, a Historic Resource Evaluation (HRE) shall be prepared by a qualified architect or architectural historian approved by the City and meeting the Secretary of the Interior's Professional Qualifications Standards published in the Code of Federal Regulations (36 CFR part 61).

The HRE shall evaluate whether any of the existing buildings meet the definition of a historic resource pursuant to CEQA Guidelines Section 15064.5. If the existing buildings do not meet the definition of a historic resource, demolition may proceed. If the HRE finds that any of the existing buildings at Site 14 meet the definition of a historic resource, demolition of buildings eligible for listing as a historic resource shall be prohibited.
c. In the event that any buildings meeting the definition of a historic resource pursuant to CEQA Guidelines Section
15064.5 are identified, future development proposals for Site 14 shall be reviewed for compliance by a qualified architect or architectural historian approved by the City and meeting the Secretary of the Interior's Professional Qualifications Standards published in the Code of Federal Regulations (36 CFR part 61) with one or both of the following standards prior to issuance of any discretionary permits that would allow modifications to the existing buildings or new construction on Site 14:
• Secretary of Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving,
Rehabilitating, Restoring, and Reconstructing Historic
Buildings; or
• Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings
(1995), Weeks and Grimmer.

The City’s Planning Manager shall consult with the
archaeologist to assess the significance of the find. Impacts to any significant resources shall be mitigated to a less-than- significant level through data recovery or other methods determined adequate by a qualified archaeologist and that are consistent with the Secretary of the Interior’s Standards for Archaeological documentation. Any identified cultural
resources shall be recorded on the appropriate DPR 523 (A-J) form and filed with the NWIC.
b. Prior to the initiation of any site preparation and/or the start of construction, the project sponsor shall ensure that all construction workers receive training overseen by a qualified professional archaeologist who is experienced in teaching nonspecialists, to ensure that contractors can recognize archaeological resources in the event that any are discovered during construction.

MM CUL-2.2: Prior to approval, the 2023-2031 Housing Element shall be amended to include a policy requiring future development at Housing Opportunity Site 14 to comply with the following measures:
a. As part of the future project-level CEQA analysis of any discretionary permits that would allow ground-disturbing activities (e.g., grading, trenching, excavation, etc.) in the archaeological sensitive areas shown on Figure 4.5 1,
exploratory trenching shall be conducted by a qualified archaeologist trained in both local prehistoric and historical archaeology within the proposed area of effect to determine if prehistoric- or historic-era archaeological resources are present.

Explorations shall consist of at least one mechanically dug trench with excavation depths commensurate with the depth of proposed ground-disturbing activities. If any archaeological resources are exposed, these should be briefly documented, tarped for protection, and left in place. The results of the exploratory trenching shall be submitted to the Director of Community and Economic Development or the Director’s
designee. If it is determined by the project archaeologist that the proposed activities could damage an archaeological
resource or that indications of other suspected archaeological resources are present (i.e., darkened soil “midden” representing past human activity), an Archaeological Resources Treatment Plan shall be prepared as described in MM CUL-2.1b below. b. If recommended by the project archaeologist, an
Archaeological Resources Treatment Plan shall be prepared by the project archaeologist that contains, at minimum:
• Identification of the scope of work and range of
subsurface effects (including location map and
development plan), including requirements for
preliminary field investigations.
• Description of the environmental setting (past and
present) and the historic/prehistoric background of the parcel (potential range of what might be found).
• Monitoring schedules and individuals
• Development of research questions and goals to be
addressed by the investigation (what is significant vs. what is redundant information).
• Detailed field strategy to record, recover, or avoid the finds and address research goals.
• Analytical methods. Report structure and outline of
document contents.
• Disposition of the artifacts.
• Security approaches or protocols for finds.
• Appendices: all site records, correspondence, and
consultation with Native Americans, etc.

Implementation of the treatment plan by the project
archaeologist shall be required prior to the issuance of any permits related to ground-disturbing activities. The treatment plan shall utilize data recovery methods to reduce impacts on subsurface resources. The treatment plan shall be submitted to the Director of Community and Economic Development or
the Director’s designee, along with a summary of the
outcomes of the treatment plan and all associated
documentation and recordation.

MM CUL-2.3: Prior to approval, the 2023-2031 Housing Element shall include a policy requiring future development at Housing Opportunity Site 14 to comply with the following measures:
a. Prior to the issuance of any discretionary permits that would allow ground-disturbing activities (e.g., grading, trenching, excavation, etc.) within the non-sensitive areas mapped on Figure 4.5 1, the project applicant shall hire a qualified archaeologist to develop a Worker’s Environmental Awareness Program (WEAP) to train the construction crew on the legal requirements for the treatment of cultural resources as well as procedures to follow in the event of a cultural resources discovery. This training program shall be given to the crew before ground disturbing work commences and shall include handouts to be given to new workers.
b. The applicant shall note on all construction plans that require ground disturbing activities that there is a potential for exposing buried cultural resources including prehistoric Native American burials.
c. In the event that potentially significant archaeological resources are encountered during ground-disturbing activities occurring at Site 14, all activity within a 50-foot radius of the find shall be stopped, the Director of Community and Economic
Development or the Director's designee shall be notified, and the project archaeologist shall examine the find. The project archaeologist shall (1) evaluate the find(s) to determine if they meet the definition of an archaeological resource; and (2) make appropriate recommendations regarding the disposition of such finds prior to issuance of building permits. Recommendations could include collection, recordation, and analysis of any significant cultural materials. A report of findings documenting any data recovery shall be submitted to the Director of Community and Economic Development or the Director's
designee and the Northwest Information Center (if applicable).

The project sponsor shall also retain a professional
archaeologist with Native American burial experience to conduct a field investigation of the specific site and consult with the Most Likely Descendant, if any, identified by the NAHC. As necessary, the archaeologist may provide
professional assistance to the Most Likely Descendant,
including the excavation and removal of the human remains.

The City of San Bruno shall be responsible for approval of recommended mitigation as it deems appropriate, taking
account of the provisions of State law, as set forth in CEQA Guidelines section 15064.5(e) and Public Resources Code section 5097.98. The project sponsor shall implement approved mitigation, to be verified by the City of San Bruno, before the resumption of ground-disturbing activities within 100 feet of where the remains were discovered.

F. ENERGY – The project will not have a significant impact on this resource; therefore, no mitigation is required.

G. GEOLOGY AND SOILS – The project will not have a significant impact on this resource; therefore, no mitigation is required.

H. GREENHOUSE GAS EMISSIONS
MM GHG-1.1: Prior to approval, the 2023-2031 Housing Element shall include a policy requiring applicants and their contractors to implement the following measures prior to and during construction:
a. Prior to issuance of any discretionary permits that would allow demolition or construction (grading, excavation, building, etc.) activities at the Housing Opportunity Sites, the applicant shall submit a construction management plan that demonstrates that:
• Alternative fueled (e.g. biodiesel, electric)
construction vehicles/equipment shall make up at least
15 percent of the fleet;
• Buildings shall be constructed with local building
materials of at least 10 percent (sourced from within
100 miles of the City limits); and
• Contractors shall recycle and reuse at least 50 percent of construction waste or demolition materials.

MM GHG-1.2: Prior to approval, the 2023-2031 Housing Element shall include a policy requiring future development at all Housing Opportunity Sites to demonstrate adherence with the following design measures prior to issuance of any discretionary permits that would allow construction of residential units:
a. Construction of natural gas infrastructure and the use of natural gas appliances shall be prohibited;
b. Future developments shall include all electric appliances; c. At a minimum, future development shall comply with offstreet electric vehicle requirements in the most recently adopted version of CALGreen Tier 2 requirements.

I. HAZARDS AND HAZARDOUS MATERIALS
MM HAZ-2.1: Prior to approval, the 2023-2031 Housing Element shall include a policy requiring future development at Housing Opportunity Sites 6, 8, 10, 16, 18, and 19 to comply with the following measure:
a. The City shall require a Phase I Environmental Site
Assessment (Phase I ESA) prior to issuance of any
discretionary permits that would allow ground-disturbing activities, with a Phase II ESA also required if the Phase I ESA indicates evidence of potential site contamination. The City shall also require compliance with the site assessment(s) and any remediation, removal, and disposal requirements for soil, surface water, and/or groundwater contamination
enforced by the Department of Toxic Substances Control
(DTSC), Regional Water Quality Control Board (RWQCB),
San Mateo County Department of Environmental Health
(SMCEHS), California Division of Occupational Safety and Health (CalOSHA), U.S. Environmental Protection Agency
(EPA), and other jurisdictional agencies.

MM HAZ-2.2: Prior to approval, the 2023-2031 Housing Element shall include a policy requiring future development at Housing Opportunity Site 14 to comply with the following measures:
a. Prior to the issuance of any discretionary permits that would allow ground-disturbing activities on Site 14 (outside of the area shown on Figure 4.9 1), the project proponent shall obtain a Phase I Environmental Site Assessment (ESA). The Phase I ESA shall be conducted in accordance with the United States Environmental Protection Agency’s All Appropriate Inquiries (AAI) Rule and the latest American Society for Testing and Materials (ASTM International) guidelines, and identify all potential subsurface contaminants warranting further investigation.
b. If the Phase I ESA identifies any potential contaminants warranting further investigation, a Phase II ESA shall be prepared in accordance with the United States Environmental Protection Agency’s AAI Rule and the latest ASTM
International guidelines. As part of the Phase II, a qualified environmental professional (as defined in Title 40 of the California Code of Regulations) shall take soil, soil vapor, and groundwater samples as determined necessary by the
environmental professional in the area of proposed
disturbance at 0.5 feet below ground surface (bgs) to the maximum proposed depth of disturbance. Collected soil
samples shall be tested for all potential contaminants
identified in the Phase I ESA to determine if contaminants exceed California Division of Occupational Safety and Health (Cal/OSHA) exposure limits or San Mateo County
Environmental Health Services (SMCEHS) environmental
screening levels for residential uses.
c. The results of the Phase II ESA shall be provided SMCEHS department. If determined necessary by the SMCEHS, a
Redevelopment Management Plan (RMP) or equivalent shall be prepared and submitted to the SMCEHS and the Director of Community and Economic Development or the Director’s designee that includes 1) an evaluation of whether
redevelopment activities will create new exposure pathways to human health and the environment that pose unacceptable risks, and, if so, how those risks will be mitigated, and 2) a discussion of how contaminated media will be handled and disposed during construction activities. Once approved by the SMCEHS and Community and Economic Development
Department, the RMP or equivalent shall be implemented by a qualified environmental professional. The results of the RMP or equivalent shall be submitted to the SMCEHS and
the Director of Community and Economic Development or
the Director’s designee prior to the issuance of any issuance of any discretionary permits (e.g., grading, construction, occupancy, whichever occurs first).

MM HAZ-5.1: Prior to approval, the 2023-2031 Housing Element shall include a policy requiring future development at Housing Opportunity Site 14 to comply with the following measures:
a. Prior to the issuance of any construction or building permits, the applicant shall submit a plan with a list of equipment to be used during construction that includes their height and proposed area of operation to the Director of Community and Economic Development or the Director’s designee. The use of equipment in locations where it would penetrate critical aeronautical surfaces shall be expressly prohibited by any construction or building permits issued. The plan sets shall include a page depicting the critical aeronautical surfaces onsite, a list of all equipment with heights of 55 feet or greater and their respective heights, and informs construction workers that the use of equipment with heights that would penetrate critical aeronautical surfaces is prohibited.
b. Future development at Housing Opportunity Site 14 shall comply with Policy AP-3 of the Comprehensive Airport Land Use Compatibility Plan for the Environs of San Francisco International Airport (ALUCP). Buildings with heights in excess of the applicable critical aeronautical surface as shown in Exhibit IV-17 at Housing Opportunity Site 14 shall be prohibited unless the Federal Aviation Administration
determines the proposed building height is not a hazard to air navigation in an aeronautical study prepared pursuant to the filing of Form 7460-1. Proof of compliance with Policy AP-3 of the ALUCP shall be provided to the Director of
Community and Economic Development or the Director’s
designee prior to issuance of any construction or building permits.

J. HYDROLOGY AND WATER QUALITY – The project will not have a significant impact on this resource; therefore, no mitigation is required.

K. LAND USE AND PLANNING – The project will not have a significant impact on this resource; therefore, no mitigation is required.

L. MINERAL RESOURCES – The project will not have a significant impact on this resource; therefore, no mitigation is required.

M. NOISE
MM NOI-2.1: Prior to approval, the 2023-2031 Housing Element shall include a policy requiring future development at all Housing Opportunity Sites to implement the following measures during demolition and construction:
• Groundborne vibration studies shall be prepared by qualified professionals in accordance with industry-accepted
methodology where heavy construction activities involving significant site grading, underground, or foundation work will occur within 25 feet of residential or other vibration sensitive uses. The industry-accepted methodologies include the
recommended vibration assessment procedure and thresholds provided by public agencies such as Caltrans or the Federal Highway Administration. The studies should identify
necessary construction vibration controls to reduce both human annoyance and the possibility of cosmetic damage.

Controls shall include, but not be limited to, the following measures:
o A list of all heavy construction equipment to be used for this project known to produce high vibration levels (tracked vehicles, vibratory compaction,
jackhammers, hoe rams, etc.) shall be submitted to the
City by the contractor. This list shall be used to
identify equipment and activities that would
potentially generate substantial vibration and to define the level of effort for reducing vibration levels below the thresholds.
o Place operating equipment on the construction site as far as possible from vibration-sensitive receptors.
o Use smaller equipment to minimize vibration levels
below the limits.
o Avoid using vibratory rollers and tampers near
sensitive areas.
o Select demolition methods not involving impact tools. o Modify/design or identify alternative construction
methods to reduce vibration levels below the limits.
o Avoid dropping heavy objects or materials.

N. POPULATION AND HOUSING – The project will not have a significant impact on this resource; therefore, no mitigation is required.

O. PUBLIC SERVICES – The project will not have a significant impact on this resource; therefore, no mitigation is required.

P. RECREATION – The project will not have a significant impact on this resource; therefore, no mitigation is required.

Q. TRANSPORTATION/TRAFFIC
MM TRN-1.1: Prior to approval, the 2023-2031 Housing Element shall include a policy requiring future development at all Housing Opportunity Sites that would generate a sufficient amount of trips according to the City’s traffic analysis guidelines or otherwise warrant analysis as determined by the City to prepare a Transportation Analysis (TA) prior to the issuance of any discretionary permits. Prior to the preparation of the TA, a scope of work outlining the proposed approach to the TA shall be submitted to the Director of Public Works or the director’s designee for review and approval. The TA, at a minimum, shall evaluate the proposed development for consistency with the City’s General Plan and Walk ‘N Bike Plan, review the proposed layout for any geometric design features that may increase hazards (e.g., sight distances, turning radii, etc.), and verify adequate emergency access is provided. The TA shall provide
recommendations addressing any identified inconsistencies, geometric design hazards, or emergency access issues that shall be incorporated into the final design. The TA shall be prepared in accordance with Public Works’ guidance and submitted prior to the approval of any discretionary permits as part of the project-level review of all future development under the Housing Element Update.

R. TRIBAL CULTURAL RESOURCES – Potential impacts to tribal cultural resources would be addressed through mitigation measures MM CUL-2.1, MM CUL-2.2, and MM CUL-2.3, identified above under E. Cultural Resources.

S. UTILITIES AND SERVICE SYSTEMS – The project will not have a significant impact on this resource; therefore, no mitigation is required.

T. WILDFIRE – The project will not have a significant impact on this resource; therefore, no mitigation is required.

U. MANDATORY FINDINGS OF SIGNIFICANCE – With the implementation of the mitigation measures identified above, the project would not degrade the quality of the environment, substantially affect the biological resources, or eliminate important examples of California history or prehistory. The mitigation measures would also ensure that the project’s contribution to cumulative impacts would not be cumulatively considerable, and the project would not cause substantial adverse effects on human beings, either directly or indirectly.

PUBLIC REVIEW PERIOD
Before 5:00 p.m. on Monday, January 9th, any person may:

1. Review the Draft MND as an informational document only; or

2. Submit written comments regarding the information and analysis in the Draft MND. Before the MND is adopted, Planning staff will prepare written responses to any comments, and revise the Draft MND, if necessary, to reflect any concerns raised during the public review period. All written comments will be included as part of the Final MND. 2023-2031 Housing Element Update i Initial Study
City of San Bruno December 2022 (Revised January 2023)

TABLE OF CONTENTS
Section 1.0 Introduction and Purpose ................................................................................................ 1

1.1 Purpose of the Initial Study .................................................................................................... 1

1.2 Public Review Period ............................................................................................................. 1

1.3 Consideration of the Initial Study and Project ........................................................................ 1

1.4 Notice of Determination ......................................................................................................... 2 Section 2.0 Project Information ......................................................................................................... 3

2.1 Project Title ............................................................................................................................ 3

2.2 Lead Agency Contact ............................................................................................................. 3

2.3 Project Sponsor ....................................................................................................................... 3

2.4 Project Location ...................................................................................................................... 3

2.5 Project-Related Approvals, Agreements, and Permits............................................................ 6 Section 3.0 Project Description .......................................................................................................... 8

3.1 Background ............................................................................................................................. 8

3.2 Project Description ............................................................................................................... 11 Section 4.0 Environmental Setting, Checklist, and Impact Discussion ........................................... 26

4.1 Aesthetics .............................................................................................................................. 27

4.2 Agriculture and Forestry Resources ..................................................................................... 42

4.3 Air Quality ............................................................................................................................ 45

4.4 Biological Resources ............................................................................................................ 70

4.5 Cultural Resources ................................................................................................................ 84

4.6 Energy ................................................................................................................................. 103

4.7 Geology and Soils ............................................................................................................... 112

4.8 Greenhouse Gas Emissions ................................................................................................. 124

4.9 Hazards and Hazardous Materials ...................................................................................... 136

4.10 Hydrology and Water Quality ............................................................................................ 158

4.11 Land Use and Planning ....................................................................................................... 172

4.12 Mineral Resources .............................................................................................................. 181

4.13 Noise and Vibration ............................................................................................................ 183

4.14 Population and Housing ...................................................................................................... 206

4.15 Public Services.................................................................................................................... 210

4.16 Recreation ........................................................................................................................... 225

4.17 Transportation ..................................................................................................................... 229

4.18 Tribal Cultural Resources ................................................................................................... 245 2023-2031 Housing Element Update ii Initial Study
City of San Bruno December 2022 (Revised January 2023)

4.19 Utilities and Service Systems ............................................................................................. 249

4.20 Wildfire ............................................................................................................................... 267

4.21 Mandatory Findings of Significance .................................................................................. 272 Section 5.0 References ................................................................................................................... 276 Section 6.0 Lead Agency and Consultants ..................................................................................... 282

6.1 Lead Agency ....................................................................................................................... 282

6.2 Consultants ......................................................................................................................... 282 Section 7.0 Acronyms and Abbreviations ...................................................................................... 283 Figures
Figure 2.4-1: Regional Map of the City of San Bruno and Surrounding Area ...................................... 4 Figure 2.4-2: Aerial Photograph of the City of San Bruno .................................................................... 5 Figure 3.2-1: Housing Opportunity Sites ............................................................................................. 12 Figure 3.2-2: Aerial of Sites 1, 3, 13, 20 .............................................................................................. 13 Figure 3.2-3: Aerial of Sites 2, 4, 5, 8, 9, 17, 22, 23 ............................................................................ 14 Figure 3.2-4: Aerial of Sites 7, 11, 12, 15, 21 ...................................................................................... 15 Figure 3.2-5: Aerial of Sites 10 and 16 ................................................................................................ 16 Figure 3.2-6: Aerial of Sites 14, 18, 19 ................................................................................................ 17 Figure 3.2-7: Aerial of Site 6 ............................................................................................................... 18 Figure 3.2-8: City of San Bruno Zoning Map ...................................................................................... 25 Figure 4.3-1: Housing Opportunity Sites and TAC Sources ............................................................... 63 Figure 4.4-1: Vegetative Communities and Special-Status Habitat..................................................... 76 Figure 4.5-1: Areas Sensitive for Historic-Era Archaeological Resources .......................................... 91 Figure 4.5-2: Location of Known Historic Resources Relative to Housing Opportunity Sites ........... 93 Figure 4.7-1: Geologic and Seismic Hazards ..................................................................................... 117 Figure 4.9-1: Sears Automotive Center Site ...................................................................................... 148 Figure 4.10-1: Flooding and Storm Drainage .................................................................................... 166 Figure 4.13-1: Noise Measurement Locations ................................................................................... 189 Figure 4.13-2: Housing Opportunity Sites and SFO 2020 Noise Exposure Contours (dB, CNEL) .. 205 Figure 4.15-1: Police Beat Map ......................................................................................................... 217 Figure 4.20-1: Wildland Fire Hazard Areas ....................................................................................... 270 Tables
Table 3.1-1: City of San Bruno RHNA by Household Income Category ............................................ 10 Table 3.2-1: Inventory of Housing Opportunity Sites ......................................................................... 19 2023-2031 Housing Element Update iii Initial Study
City of San Bruno December 2022 (Revised January 2023)
Table 3.2-2: Summary of All Identified Housing Units ...................................................................... 23 Table 4.3-1: Health Effects of Air Pollutants ...................................................................................... 45 Table 4.3-2: BAAQMD Plan-Level Air Quality Significance Thresholds1 ........................................ 55 Table 4.3-3: BAAQMD Project-Level Air Quality Significance Thresholds1 .................................... 55 Table 4.3-4: 2017 Clean Air Plan Control Measures Consistency Analysis ....................................... 57 Table 4.3-5: VMT and Population Comparison ................................................................................... 61 Table 4.3-6: Screening Distances from Existing Air Pollutant and TAC Sources1 ............................. 64 Table 4.8-1: BAAQMD GHG Significance Thresholds .................................................................... 127 Table 4.8-2: Calculated GHG Emissions of the Housing Element Update ....................................... 133 Table 4.13-1: Groundborne Vibration Impact Criteria ...................................................................... 184 Table 4.13-2: PM Peak Hour Traffic Volumes and Project Generated Traffic Noise Increases1 ...... 192 Table 4.13-3: Typical Ranges of Construction Noise Levels at 50 Feet, Leq (dBA) ......................... 193 Table 4.13-4: Representative Construction Noise Levels1 ................................................................ 194 Table 4.13-5: Vibration Source Levels for Construction Equipment ................................................ 200 Table 4.13-6: Vibration Source Levels for Construction Equipment and Minimum Safe Setbacks . 201 Table 4.19-1: Capacity at Class III Landfill Facilities ....................................................................... 256 Table 4.19-2: Estimated Water Demand Increase of the Housing Element Update .......................... 261 Table 4.19-3: Summary of Water Demand versus Water Supplies ................................................... 261 Appendices
Appendix A: Air Quality and Greenhouse Gas Assessment
Appendix B: Noise & Vibration Assessment
Appendix C: VMT Analysis
Appendix D: Water Supply Assessment
2023-2031 Housing Element Update 1 Initial Study
City of San Bruno December 2022 (Revised January 2023)
SECTION 1.0 INTRODUCTION AND PURPOSE

1.1 PURPOSE OF THE INITIAL STUDY
The City of San Bruno, as the Lead Agency, has prepared this Initial Study for the proposed 2023- 2031 Housing Element Update (“Housing Element Update” or “project”) in compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines (California Code of Regulations §15000 et. seq.) and the regulations and policies of the City of San Bruno, California.

The project proposes to update the Housing Element of the San Bruno General Plan 2025 in accordance with California Government Code Section 65583. This Initial Study evaluates the environmental impacts that might reasonably be anticipated to result from implementation of the proposed project at a program level. If a subsequent activity would have effects that are not within the scope of this Initial Study, then the City must prepare a new Initial Study leading to a Negative Declaration, a Mitigated Negative Declaration, or an Environmental Impact Report (EIR). Therefore, future development allowed under the Housing Element Update would necessitate subsequent project-level review.

The proposed 2023-2031 Housing Element will replace the existing 2015-2023 Housing Element and serve as the City of San Bruno’s guiding policy document for meeting the City’s future housing needs at all economic levels. As a policy document, the Housing Element does not result in direct physical changes to the environment but would indirectly lead to physical environmental changes by enabling the development of approximately 3,618 additional housing units within the City’s jurisdiction. All future housing development in the City must comply with the General Plan, zoning ordinance, state and federal permits, and local development standards. In addition, future discretionary actions (i.e., use permits, site plan review) require independent and project-specific environmental review to comply with CEQA.

1.2 PUBLIC REVIEW PERIOD
Publication of this Initial Study marks the beginning of a 30-day public review and comment period.

During this period, the Initial Study will be available to local, state, and federal agencies and to interested organizations and individuals for review. Written comments concerning the environmental review contained in this Initial Study during the 30-day public review period should be sent to:

Michael Smith, Senior Planner
City of San Bruno
567 El Camino Real
San Bruno, CA 94066
[email protected]

1.3 CONSIDERATION OF THE INITIAL STUDY AND PROJECT
Following the conclusion of the public review period, the City of San Bruno will consider the adoption of the Initial Study/Mitigated Negative Declaration (MND) for the project at a regularly scheduled meeting. The City shall consider the Initial Study/MND together with any comments 2023-2031 Housing Element Update 2 Initial Study
City of San Bruno December 2022 (Revised January 2023)
received during the public review process. Upon adoption of the MND, the City may proceed with project approval actions.

1.4 NOTICE OF DETERMINATION
If the project is approved, the City of San Bruno will file a Notice of Determination (NOD), which will be available for public inspection and posted within 24 hours of receipt at the County Clerk’s Office for 30 days. The filing of the NOD starts a 30-day statute of limitations on court challenges to the approval under CEQA (CEQA Guidelines Section 15075(g)). 2023-2031 Housing Element Update 3 Initial Study
City of San Bruno December 2022 (Revised January 2023)
SECTION 2.0 PROJECT INFORMATION

2.1 PROJECT TITLE
2023-2031 Housing Element Update

2.2 LEAD AGENCY CONTACT
Michael Smith, Senior Planner
City of San Bruno
567 El Camino Real
San Bruno, CA 94066
[email protected]

2.3 PROJECT SPONSOR
City of San Bruno
Community and Economic Development Department
567 El Camino Real
San Bruno, CA 94066

2.4 PROJECT LOCATION
The proposed project would occur entirely within the City of San Bruno, which is located in northern San Mateo County. The city limits encompass a 5.49 square-mile area that stretches 3.5 miles from the relatively flat eastern areas along Highway 101 to the hilly western neighborhoods located on the eastern facing slope of the Coast Ranges. The eastern portion of the city is more urbanized and has a greater mix of land uses, while the western portion is primarily occupied by low-density residential development and open space.

The City is bordered by the City of South San Francisco to the north, the City of Millbrae to the south, and the City of Pacifica to the west. Additionally, there are unincorporated lands west and east of the city limits that are controlled by the California Department of Fish and Wildlife (CDFW) and the City and County of San Francisco, respectively.

Regional and aerial maps of the City are shown on Figure 2.4-1 and Figure 2.4-2, respectively. 6$1
)5$1&,6&2
5LFKPRQG
'LVWULFW
6XQVHW
'LVWULFW
%D\YLHZ
'LVWULFW
0LVVLRQ
'LVWULFW
&KLQDWRZQ
6DQ
)UDQFLVFR
8SSHU
&U\VWDO
6SULQJV
5HVHUYRLU (O *UDQDGD
0LOOEUDH
+DOI 0RRQ
%D\
%XUOLQJDPH
%D\VKRUH
6RXWK 6DQ
)UDQFLVFR
3DFLƬFD
6DQ %UXQR
'DO\ &LW\
2DNODQG
,QW
O $LUSRU
$ODPHGD
2DNODQG
6DQ &DUORV
)RVWHU &LW\
6DQ 0DWHR
5HGZRRG
&LW\
6$1
0$7(2
:RRGVLGH
Source: City of San Bruno Interactive Review Map, May 13, 2022.

Half
Moon
Bay
San
Francisco
Bay
Pacific
Ocean
1 1
1 35
35 82
82 84
92 92
92 101
101
101
280
280
380
880
80 580
280
04 1 8 Miles
City of San Bruno
Pacific Ocean
Monterey Bay
Project Site
San José
Fremont
Oakland
Santa Cruz
Mountain View
Morgan Hill
San José
Sunnyvale
Fremont San Mateo
Redwood City
Livermore
Oakland
San Francisco
Santa Cruz
Mountain View
Morgan Hill
REGIONAL MAP OF SAN BRUNO AND SURROUNDING AREA FIGURE 2.4-1 2023-2031 Housing Element Update
City of San Bruno
4 Initial Study
December 2022 (Revised January 2023)
Shar p Pa kr Roa d
Mori Ridge Trail
Notch Trail
Sweeney Ridge Trail
Sne athLane Tr ail
San Andreas Trail
San Bruno
Creek
Colma Creek
U P. .R R. .

U.P.R.R.

Centennial Way Trail
Shar
p Pa kr Roa d
M
o
ri
Ridge
Trail
Notch Trail
Sweeney Ridge Trail
Sne
ath
Lane Tr a
il
San Andreas Trail
San Bruno
Creek
Colma Creek
U P. .R R. .

U.P.R.R.

Centennial Way Trail
35 35
82 82
101
101
280
280
380El Camino Real
Skyline Boulevard Skyline Boulevard
Aerial Source: Google Earth Pro, May 13, 2022. Photo Date: Aug. 2020 0 .25 .5 .75 1 Mile City of San Bruno
AERIAL PHOTOGRAPH OF THE CITY OF SAN BRUNO FIGURE 2.4-2 City of San Bruno2023-2031 Housing Element Update 5 Initial Study December 2022 (Revised January 2023)
2023-2031 Housing Element Update 6 Initial Study
City of San Bruno December 2022 (Revised January 2023)

2.5 PROJECT-RELATED APPROVALS, AGREEMENTS, AND PERMITS

2.5.1 City of San Bruno
The project would require the following discretionary approvals from the City of San Bruno:
• Adoption of the 2023-2031 Housing Element Initial Study and Mitigated Negative Declaration (MND)
• Adoption of the 2023-2031 Housing Element
• Adoption of amendments to the General Plan
• Future legislative actions to implement programs, including rezoning program • Airport Land Use Control Plan (ALUCP) Override

2.5.2 California Department of Housing and Community Development In addition to the discretionary approvals identified above, the 2023-2031 Housing Element will be reviewed by the California Department of Housing and Community Development.

2.5.3 City/County Association of Governments of San Mateo County The Board of Directors of the City/County Association of Governments of San Mateo County (C/CAG) serves as the Airport Land Use Commission for airports within San Mateo County, including San Francisco International (SFO). As discussed in Section 4.9.1.2 and Section 4.13.1.2, Housing Opportunity Sites 14 and 19 are located within the 70-75 dB CNEL (Community Noise Equivalent Level) noise contour, and as shown in Table 3.2-1 are not zoned for residential use.1 Residential land uses are considered incompatible with 70-75 dB CNEL noise contour by the Comprehensive Airport Land Use Compatibility Plan for the Environs of the San Francisco International Airport (ALUCP) if they were not zoned for residential use when the current ALUCP went into effect (November 8, 2012). As such, the C/CAG Board on November 10, 2022 adopted a resolution declaring that the Housing Element Update is inconsistent with the ALUCP with regard to planned housing on Sites 14 and 19. The San Bruno City Council under the ALUCP can override the C/CAG determination of inconsistency; the local agency override process involves three mandatory steps:

1. Holding a public hearing by the local agency on the proposed override action;

2. Making of specific findings by the governing body of the local agency that the proposed local action is consistent with the purposes of the airport land use commission statutes;

3. Approval of the override action by a two-thirds vote of the local agency’s governing body; the override action must include adoption of the specific findings identified in Step 2, above.

There are two key outcomes of a local agency override of a C/CAG Board determination a proposed land use action as inconsistent with the ALUCP:
1 dBA stands for A-weighted sound level; this scale of noise measurement gives greater weight to the frequencies of sound to which the human ear is most sensitive. CNEL is a measure of the cumulative noise exposure in a community, with a 5 dB penalty added to evening (7:00 pm - 10:00 pm) and a 10 dB addition to nocturnal (10:00 pm - 7:00 am) noise levels.
2023-2031 Housing Element Update 7 Initial Study
City of San Bruno December 2022 (Revised January 2023)
• The proposed land use action may proceed, subject to local agency review and permitting processes, as if it had been found consistent with this ALUCP by the C/CAG Board. • If a city or county overrides a decision of the Airport Land Use Commission C/CAG Board relating to a publicly owned airport that is not operated by that city or county, the agency operating the airport “shall be immune from liability for damages to property or personal injury caused by or resulting directly or indirectly from the public agency’s decision to override the commission’s action or recommendation” (see Pub. Util. Code, Section 21678). 2023-2031 Housing Element Update 8 Initial Study
City of San Bruno December 2022 (Revised January 2023)
SECTION 3.0 PROJECT DESCRIPTION

3.1 BACKGROUND

3.1.1 San Bruno General Plan 2025
Since 1969, the State of California has required all California cities and counties to have a General Plan (California Government Code Section 65300). The General Plan is a state-required legal document that each planning agency in California prepares and the legislative body of each county and city adopts to provide a comprehensive, long-term plan for the physical development of the county or city. A General Plan must include the following seven mandatory elements specified in Government Code Section 65302: a) land use, b) circulation, c) housing, d) conservation, e) open space, f) noise, and g) safety. The General Plan is the City’s official policy for its future character, form, and quality of development. The General Plan describes the amount, type and phasing of development needed to achieve the City’s social, economic, and environmental goals. It is the policy framework for decision making on both private development projects and City capital expenditures.

The current General Plan (“General Plan 2025”) and associated EIR were adopted by the City Council in 2009. The Housing Element includes 23 Housing Opportunity Sites, some of which are already designated for housing as part of the current General Plan. Housing Opportunity Sites 6, 8, 10, 16, and 18 would conform with the City’s General Plan and Municipal Code; Site 19 would comply with the City’s General Plan but require a conforming rezoning to the Transit Oriented District (TOD) zoning district.

Since the adoption of the General Plan 2025, the City has adopted two long-range planning documents, including the Transit Corridors Plan (adopted in February 2013) and the Bayhill Specific Plan (adopted in October 2021). These plans in relationship to the Housing Opportunity Sites identified in the Housing Element Update (refer to Figure 3.2-1 and Section 3.2.1) are discussed below.

3.1.1.1 Transit Corridors Plan
The Transit Corridors Plan (TCP) outlines detailed policies, design guidelines and development standards to steer future public and private realm improvements in the TCP area. The boundaries of the TCP area in relationship to the Housing Opportunity Sites identified by the Housing Element Update are shown on Figure 3.2-1.

As shown on Figure 3.2-1, Housing Opportunity Sites 1, 2, 4, 5, 7, 9, 11, 12, 15, 17, 20, 21, 22, and 23 are located within the TCP area. The environmental effects of buildout of the TCP, including residential development at the Housing Opportunity Sites located within the TCP area at the densities assumed by the Housing Element Update, were analyzed in 2013 at a programmatic level in the San Bruno Transit Corridors Plan Environmental Impact Report (“TCP EIR”). The TCP EIR concluded that implementation of the TCP would result in significant and unavoidable impacts as regards historic resources, noise, and on intersection level of service (LOS). All other impacts were determined to be less than significant with mitigation incorporated. With the advent of 2018 amendments to CEQA resulting from Senate Bill 743 (SB 743), impacts to intersection LOS are no longer considered impacts under CEQA.
2023-2031 Housing Element Update 9 Initial Study
City of San Bruno December 2022 (Revised January 2023)

3.1.1.2 Bayhill Specific Plan
The Bayhill Specific Plan establishes a new policy and regulatory framework for guiding private and public development within an approximately 92.2-acre area bounded by Interstate 280 to the west, Interstate 380 to the north, properties fronting El Camino Real to the east, and San Bruno Avenue West to the south. The boundaries of the Bayhill Specific Plan area in relationship to the Housing Opportunity Sites identified by the Housing Element Update are shown on Figure 3.2-1.

As shown on Figure 3.2-1, Housing Opportunity Sites 3 and 13 are located within the Bayhill Specific Plan area. The environmental effects of buildout of the Bayhill Specific Plan, including residential development at the Housing Opportunity Sites located within the Bayhill Specific Plan area at the densities assumed by the Housing Element Update, were analyzed in 2021 at a programmatic level in the Environmental Impact Report for the Bayhill Specific Plan Including the Phase I Development (“Bayhill Specific Plan EIR”). The Bayhill Specific Plan EIR concluded that implementation of the Bayhill Specific Plan would result in significant and unavoidable air quality and vehicle miles traveled impacts. All other impacts were determined to be less than significant with mitigation incorporated.

3.1.2 Housing Element
As noted above, the Housing Element is one of seven state-mandated General Plan elements. The required contents of a housing element are set forth in California Government Code Section 65583.

Among other requirements, housing elements are required to adequately plan to meet their existing and projected housing needs, including their share of the “regional housing need”. The law recognizes that in order for the private sector to adequately address housing needs and demand, local governments must adopt land use plans and regulatory schemes that provide opportunities for, and do not unduly constrain, housing development. Specifically, Section 65583 states that the Housing Element shall consist of “…an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources and scheduled programs for the preservation, improvement, and development of housing.” The Housing Element must also contain a schedule of actions that the local government is undertaking to implement the goals and objectives (i.e., the city’s required contribution to the provision of housing for the region). State law requires that the Housing Element be updated periodically, usually every eight years. It is subject to detailed statutory requirements and mandatory review by the California Department of Housing and Community Development (HCD).

The City’s current housing element (San Bruno Housing Element 2015-2023) was adopted by the City Council in April 2015 and certified by HCD. The adopted housing element covers the period between January 31, 2015 and January 1, 2023. State law requires all nine Bay Area counties and the local jurisdictions therein to update their respective housing elements to account for their regional housing needs allocation (discussed below in Section 3.1.3 ) and submit them to HCD by January 31, 2023. The City of San Bruno’s proposed housing element update is discussed in detail below in Section 3.2 .
2023-2031 Housing Element Update 10 Initial Study
City of San Bruno December 2022 (Revised January 2023)

3.1.3 Regional Housing Needs Allocation
Under state law, the HCD is required to allocate a region’s share of the projected statewide housing need to its council of governments, based on California Department of Finance population projections and regional population forecasts. The Association of Bay Area Governments (ABAG) is the regional authority charged with preparing the regional housing needs allocation (RHNA), which quantifies the housing need for local jurisdictions in the San Francisco Bay Area. Once the region’s fair share of regional housing need is determined, the housing need is allocated amongst all of the jurisdictions (cities/counties) within that region, and the city’s fair share of regional housing need is calculated for each established planning horizon.

The City of San Bruno’s fair share of the regional housing need for 2023 to 2031 was calculated as 3,165 housing units. Additionally, the No Net Loss Law (California Government Code Section 65863) requires that enough sites are available at all times throughout the RHNA planning period to meet a jurisdiction’s remaining unmet housing needs for each income category. To ensure that sufficient capacity exists in the housing element to accommodate the RHNA throughout the planning period, HCD recommends jurisdictions create a buffer in the housing element inventory of at least 15 percent (equivalent to an additional 475 units allocated to the City of San Bruno for the 2023-2031 period). Table 3.1-1 below presents the City’s RHNA and 15 percent buffer broken down by household income category.

Table 3.1-1: City of San Bruno RHNA by Household Income Category Household Income Category1 RHNA 15 Percent
Buffer
Combined
Housing Targets2
Very Low (<50% AMI) 704 106 810
Low (50-80% AMI) 405 61 466
Moderate (80-120% AMI) 573 86 659
Above Moderate (>120% AMI) 1,483 222 1,705
Total Housing Units 3,165 475 3,640
Source: Association of Bay Area Governments. Final Regional Housing Needs Allocation (RHNA) Plan: San Francisco Bay Area, 2023-2031. December 2021.

Notes:
1 The AMI (area median income) in San Mateo County as of 2022 was $166,000. Source: U.S. Department of Housing & Urban Development Office of Policy Development & Research . “FY 2022 Income Limits Documentation System”. Accessed October 25, 2022.
https://www.huduser.gov/portal/datasets/il/il2022/2022summary.odn 2 Combined targets calculated by adding the City’s RHNA with the proposed 15 percent buffer.

3.1.4 Existing Conditions
In the current RHNA cycle, which spans January 31, 2015 to January 31, 2023, the City of San Bruno was allocated 1,155 housing units, including 358 very-low, 161 low-, 205 moderate-, and 431 above moderate income housing units. As reported in the latest Annual Housing Element Progress Report, the City of San Bruno as of December 31, 2021 has permitted 284 housing units during the Fifth RHNA cycle, including 20 very-low, 96 low-, 68 moderate-, and 100 above moderate-income 2023-2031 Housing Element Update 11 Initial Study
City of San Bruno December 2022 (Revised January 2023)
units, bringing the City’s total housing stock to 15,922 units. Within the City of San Bruno, there are a total of approximately 42,656 residents and 16,696 households, and an estimated 2.64 residents per household.[2][3]

3.2 PROJECT DESCRIPTION
As required by Government Code Section 65583(a)(3), the Housing Element Update involves the preparation of an inventory of land suitable and available for residential development, including vacant sites and sites with a realistic and demonstrated potential for redevelopment during the planning period to meet the City’s housing need at the designated income levels (shown in Table

3.1-1). In accordance with the sites inventory requirements under California Government Code sections 65583(c), the project will also include a program that identifies actions that the City is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the 2023-2031 Housing Element through the administration of land use and development controls (including General Plan Amendments and rezoning). These project elements are discussed below.

The Housing Element Update does not propose or approve any specific developments (i.e., construction of housing or related infrastructure) that could directly result in physical changes to the environment.

3.2.1 Housing Sites Inventory
In total, the City has identified 23 Housing Opportunity Sites that could be redeveloped with approximately 2,709 housing units. The locations of these Housing Opportunity Sites are shown on Figure 3.2-1, and aerials of individual groupings of Sites are shown on Figure 3.2-2 through Figure

3.2-7. Table 3.2-1 below reports the address and the approximate number of units that could be developed at each site under the proposed 2023-2031 Housing Element, as well as the current and proposed General Plan land use designation and zoning district. 2 California Department of Finance. “E-1 Population Estimates for Cities, Counties, and the State – January 1, 2021 and 2022.” Accessed August 4, 2022. https://dof.ca.gov/forecasting/demographics/estimates/e-5-population-andhousing-estimates-for-cities-counties-and-the-state-2020-2022/ 3 United States Census Bureau. Quick Facts, San Bruno city, California. Accessed October 24, 2022. https://www.census.gov/quickfacts/fact/table/sanbrunocitycalifornia/PST040219#qf-flag-X 1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 21
18 19
20 22
23 Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community
Key to Sites
ATT Building
Bank of America
Bayhill Shopping Center
Car Sales Lot
Citibank
Engvall MS
Former Budget Motel
Former Edgemont ES
IHOP Restaurant
Large Site With One House (R-2)
Melody Toyota Lot
Melody Toyota Showroom
Office Building
Tanforan
Vacant Site
Vacant Site
Walgreens
Russo Dental
San Bruno Pet Hospital
Chilli's Restaurant
Vacant Site
Bedroom Express
San Bruno Gas
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 ±
00 0.25 .5 1
Miles
Prepared July 30, 2022
18 19
20 21
22 23
Key to Boundaries
City Limits
Bayhill Specific Plan Boundary
TransitOrientedDevelopmentOverlay
General Plan
Amendment
Site
HOUSING OPPORTUNITY SITES FIGURE 3.2-1
City of San Bruno2023-2031 Housing Element Update 12 Initial Study December 2022 (Revised January 2023)
San Bruno Avenue West
Trae er Avenue
Bayhill Drive
Elm Avenue
Elm Avenue
Grundy Lane
Cherry Avenue
Cherry Avenue
Cedarwood Court
Sycamore Avenue Acacia Avenue
Cypress Avenue
Angus Avenue West
Kains Avenue
El Camino Real
Hensley Avenue
Euclid Avenue
Camino Plaza
San Bruno Avenue West
Traeger Avenue
Bayhill Drive
Bayhill Drive
Elm Avenue
Elm Avenue
Grundy Lane
Cherry Avenue
Cherry Avenue
Cedarwood Court
Sycamore Avenue Acacia Avenue
Cypress Avenue
Angus Avenue West
Kains Avenue
El Camino Real
Hensley Avenue
Euclid Avenue
Camino Plaza
82 82
280
380
1 20
13 3
Aerial Source: Google Earth Pro, Oct. 19, 2022. Photo Date: n/a 0 100 400 800 Feet
801-851 Traeger Avenue
899 El Camino Real
851 Cherry Avenue
1 840 San Bruno Avenue
3 13
20 AERIAL PHOTOGRAPH OF HOUSING OPPORTUNITY SITES 1, 3, 13 & 20 FIGURE 3.2-2 City of San Bruno2023-2031 Housing Element Update 13 Initial Study December 2022 (Revised January 2023)
El Camino Real
Linden Avenue
Elm Avenue
Acacia Avenue
Linden Avenue
Angus Avenue West
San Mateo Avenue
Mastick Avenue
Mastick Avenue
Sylvan Avenue
Sylvan Avenue
Huntington Avenue
1st Avenue
Florida Avenue
Taylor Avenue
Chapman Avenue
Jenevein Avenue
Jenevein Avenue
Hazel Avenue
Cypress Avenue
Beech Avenue
Poplar Avenue
El Camino Real
Linden Avenue
Elm Avenue
Acacia Avenue
Linden Avenue
Angus Avenue West
Angus Avenue West
San Mateo Avenue
Mastick Avenue
Mastick Avenue
Sylvan Avenue
Sylvan Avenue
Huntington Avenue
1st Avenue
Florida Avenue
Taylor Avenue
Chapman Avenue
Crystal Springs Ave
Jenevein Avenue
Jenevein Avenue
Hazel Avenue
Cypress Avenue
Beech Avenue
Poplar Avenue
U.P.R.R.

U.P.R.R.
82 82
2 5
8 9
4 17
22 23
Aerial Source: Google Earth Pro, Oct. 21, 2022. Photo Date: n/a 0 100 400 600 800 Feet
2 465 San Mateo Avenue
4 529 El Camino Real
5 475 San Mateo Avenue
8 500 Acacia Avenue
9 590 El Camino Real
17 333 El Camino Real
22 426 El Camino Real
23 401 San Mateo Avenue
AERIAL PHOTOGRAPH OF HOUSING OPPORTUNITY SITES 2, 4, 5, 8, 9, 17, 22 & 23 FIGURE 3.2-3 City of San Bruno2023-2031 Housing Element Update 14 Initial Study December 2022 (Revised January 2023)
El Camino Real
San Bruno Avenue West
San Bruno Avenue West
Kains Avenue
Elm Avenue
Linden Avenue
Camino Plaza
San Bruno Avenue East
Hensley Avenue
Green Avenue
Easton Avenue
Masson Avenue
Mills Avenue
Huntington Avenue
Huntington Avenue
San Mateo Avenue
San Mateo Avenue
1st Avenue
El Camino Real
San Bruno Avenue West
San Bruno Avenue West
Kains Avenue
Elm Avenue
Linden Avenue
Camino Plaza
San Bruno Avenue East
Hensley Avenue
Green Avenue
Easton Avenue
Masson Avenue
Mills Avenue
Huntington Avenue
Huntington Avenue
San Mateo Avenue
San Mateo Avenue
1st Avenue
U.P.R.R.

U.P.R.R.

Euclid Avenue
82 82
7 12
11 15 Aerial Source: Google Earth Pro, Oct. 21, 2022. Photo Date: n/a 21 0 50 300 400 600 Feet
7 850 El Camino Real
11 750 El Camino Real
12 750 El Camino Real
15 170 San Bruno Avenue West
21 104 San Bruno Avenue West
AERIAL PHOTOGRAPH OF HOUSING OPPORTUNITY SITES 7, 11, 12, 15 & 21 City of San Bruno2023-2031 Housing Element Update 15 Initial Study December 2022 (Revised January 2023)
FIGURE 3.2-4
San Marco Avenue
San Luis Avenue
Santa Dominga Avenue
Santa Lucia Avenue
Santa Lucia Avenue
San Anselmo Avenue South
El Camino Real
Linden Avenue
Poplar Avenue
San Marco Avenue
San Luis Avenue
Santa Dominga Avenue
Santa Lucia Avenue
Santa Lucia Avenue
San Anselmo Avenue South
El Camino Real
Linden Avenue
Poplar Avenue
82 82
16 10
Aerial Source: Google Earth Pro, Oct. 20, 2022. Photo Date: n/a 0 25 150 200 300 Feet
10 116 San Marco Avenue
16 San Marco Avenue
AERIAL PHOTOGRAPH OF HOUSING OPPORTUNITY SITES 10 & 16
City of San Bruno2023-2031 Housing Element Update 16 Initial Study December 2022 (Revised January 2023)
FIGURE 3.2-5
82 82 380
380
Sneath Lane
Huntington Avenue
Huntington Avenue
South Maple Avenue
Tanforan Avenue
Bayshore Circle
Buena Vista Ave Dollar Avenue Herman Street Herman Street San Mateo Avenue San Mateo Avenue
Shaw Road
Scott Street
Forest Lane
El Camino Real
Sneath Lane
Commodore Drive
National Avenue
Noor Avenue
Rockwood Drive
Sneath Lane
Huntington Avenue
Huntington Avenue
South Maple Avenue
Tanforan Avenue
Bayshore Circle
Buena Vista Ave Dollar Avenue Herman Street Herman Street San Mateo Avenue San Mateo Avenue
Shaw Road
Scott Street
Forest Lane
El Camino Real
Sneath Lane
Commodore Drive
National Avenue
Noor Avenue
Rockwood Drive
Centennial Way Trail
U.P.R.R.

U.P.R.R.
14 18
19 14
1122-1150 El Camino Real
1292 Huntington Avenue
Aerial Source: Google Earth Pro, Oct. 19, 2022. Photo Date: n/a 0 100 400 600 1,000 Feet
1151 El Camino Real
1101 El Camino Real
14 18
19 AERIAL PHOTOGRAPH OF HOUSING OPPORTUNITY SITES 14, 18 & 19 FIGURE 3.2-6 City of San Bruno2023-2031 Housing Element Update 17 Initial Study December 2022 (Revised January 2023)
ngva our
Sneath Lane
Sneath Lane
Quail Point Ci cr el
Catalpa Way
Toyon Way
Rollingwood Drive
Picadilly Place
Boardwalk
Drive
Boardwalk Avenue
Engvall Court
Sneath Lane
Sneath Lane
Quail Point Ci cr el
Catalpa Way
Toyon Way
Rol
l
i
n
g
wood
Drive
Picadilly Place
Boardwalk
D
rive
BoardwalkAvenue
San Bruno Creek San Bruno Creek
380
280
280
6 Aerial Source: Google Earth Pro, Oct. 20, 2022. Photo Date: n/a 0 50 300 400 600 Feet 6 2101 Sneath Lane
AERIAL PHOTOGRAPH OF HOUSING OPPORTUNITY SITE 6
City of San Bruno2023-2031 Housing Element Update 18 Initial Study December 2022 (Revised January 2023)
FIGURE 3.2-7
Table 3.2-1: Inventory of Housing Opportunity Sites
Site ID –
Existing Use Address (APN)
General Plan Designation Zoning District Site
Acreage
Housing Unit
Capacity1
Existing Proposed Existing Proposed
1 - AT&T
Building*
840 San Bruno
Avenue
(020-071-050)
TOD TOD TOD-2 TOD-2 1.6 320
2 – Bank of
America*
465 San Mateo
Avenue
(020-362-180)
TOD TOD CBD CBD 0.5 45
3 – Bayhill
Shopping
Center^
851 Cherry
Avenue (020-
012-190)
Regional
Office
Regional
Office BNC BNC 9.2 210
4 –
Automobile
retail*
529 El Camino
Real (2
) TOD TOD TOD-2 TOD-2 1.4 72
5 – Citibank*
475 San Mateo
Avenue (020-
361-240)
TOD TOD CBD CBD 0.7 60
6 – San Bruno
Golf Center
2101 Sneath
Lane
(019-270-260; -
270)
Low-Density
Residential
Low-Density
Residential R-1 R-1 21.1 118
7 – Vacant
Motel*
850 El Camino
Real (020-116-
310)
TOD TOD TOD-2 TOD-2 0.6 60
8 – Edgemont
Elementary
School
500 Acacia
Avenue (020-
253-050)
Low-Density
Residential
Low-Density
Residential R-1 R-1 2.2 16
Table 3.2-1: Inventory of Housing Opportunity Sites
Site ID –
Existing Use Address (APN)
General Plan Designation Zoning District Site
Acreage
Housing Unit
Capacity1
Existing Proposed Existing Proposed
9 – Restaurant
/Parking Lot*
590 El Camino
Real (020-145-
010; -020; -030;
-470)
TOD TOD TOD-2 TOD-2 0.6 42
10 – Vacant
Lot
117 San Marco
Avenue (021-
172-130)
Low-Density
Residential
Low-Density
Residential R-2 R-2 0.2 2
11 – Melody
Toyota Lot*
750 El Camino
Real (020-126-
050; -140)
TOD TOD TOD-2 TOD-2 0.4 41
12 – Melody
Toyota
Showroom*
750 El Camino
Real (020-126-
200)
TOD TOD TOD-2 TOD-2 0.3 34
13 – Office
Building^
801-851 Traeger
Avenue (020-
017-020)
Regional Office Regional
Office BRO BRO 6.1 205
14 – Tanforan
Shopping
Center3
1122-1150 El
Camino Real
(014-316-240;
-300; -330; -360)
1292 Huntington
Avenue (014-
311-060)
Regional
Commercial
Regional
Commercial P-D P-D 44 1,000
15 – Vacant
Lot*
170 San Bruno
Avenue (020-
111-160)
TOD TOD TOD-1 TOD-1 0.3 42
Table 3.2-1: Inventory of Housing Opportunity Sites
Site ID –
Existing Use Address (APN)
General Plan Designation Zoning District Site
Acreage
Housing Unit
Capacity1
Existing Proposed Existing Proposed
16 – Vacant
Lot
San Marco
Avenue (021-
172-120)
Low-Density
Residential
Low-Density
Residential R-2 R-2 0.1 2
17 –
Walgreens*
333 El Camino
Real (020-293-
030)
TOD TOD TOD-2 TOD-2 1.3 150
18 – Medical
Office
1101 El Camino
Real (020-013-
200)
High-Density
Residential
High-Density
Residential P-D P-D 0.1 15
19 –
Veterinary
Office
1151 El Camino
Real (020-013-
100)
Multi-Use
Residential
Focus
Multi-Use
Residential
Focus
C-N TOD 0.6 60
20 –
Restaurant*
899 El Camino
Real (020-019-
080)
TOD TOD TOD-2 TOD-2 1.3 100
21 – Vacant
Lot*
104 San Bruno
Avenue (020-
111-150)
TOD TOD TOD-1 TOD-1 0.2 26
22 – Retail*
426 El Camino
Real (020-362-
240)
TOD TOD CBD CBD 0.3 49
23 – Gas
Station*
401 San Mateo
Avenue (020-
362-210)
TOD TOD CBD CBD 0.2 40
Total 2,709
Table 3.2-1: Inventory of Housing Opportunity Sites
Site ID –
Existing Use Address (APN)
General Plan Designation Zoning District Site
Acreage
Housing Unit
Capacity1
Existing Proposed Existing Proposed
Notes:
1 The reported housing unit capacity is based on a combination of site acreage; floor area ratio, height, and density restrictions associated with the site’s land use designation and zoning district; and/or projects currently proposed at the sites identified. 2 APNs include: 020-256-090; -100; -130; -140; -150; -160; -170; -180; -190; -250; -260; -270; -280; -320; -340; -350. 3 The Tanforan Shopping Center site is the only identified housing opportunity site that would require a General Plan Amendment and rezoning. * Indicates a site located within the Transit Corridors Plan area. ^ Indicates a site located within the Bayhill Specific Plan area. 2023-2031 Housing Element Update 23 Initial Study
City of San Bruno December 2022 (Revised January 2023)
In addition to the 23 opportunity sites that are anticipated to accommodate approximately 2,709 housing units, the City has identified 669 units that have been approved and are expected to be permitted during the 2023-2031 Housing Element cycle, as well as 240 accessory dwelling units (ADUs), for a total of 3,618 units.4
A summary of the housing units by household income category is provided in Table 3.2-2.

Table 3.2-2: Summary of All Identified Housing Units
Inventory Type
Household Income Category
Total
Very Units -Low Low Moderate AboveModerate
2023-2031 Housing
Element Update 571 335 479 1,324 2,709
Pipeline Projects 38 47 32 553 669
ADUs 72 72 72 24 240
Total Units 681 454 583 1,900 3,618

3.2.2 General Plan Amendments and Rezoning

3.2.2.1 Housing Opportunity Site 14
Housing Opportunity Site 14 would require a General Plan Amendment and rezoning in order to complete buildout of the Housing Element Update. Housing Opportunity Site 19 would require a conforming rezoning to the TOD zoning district. Residential development of the other 21 Housing Opportunity Sites at the densities prescribed in the Housing Element Update are already allowed under their existing General Plan land use designations and zoning districts.

The Tanforan Shopping Center at Site 14 is planned for a maximum of 1,000 housing units which are not currently permitted at the site. Staff anticipates a master planning process for a transit-oriented, mixed-use development on the site that includes residential, office, and retail uses. On October 5, 2022, the property owner of Site 14 submitted a preliminary application to demolish the existing mall (excluding the Target and Century at Tanforan buildings) and redevelop the site with 1,000 housing units, an approximately two million square-foot office (life science) campus, and retail uses. The redevelopment of the property would be subject to amending the City’s General Plan and amending the current P-D zoning district to incorporate potential additional uses such as office, housing, and retail land uses. The application will be processed by City staff, including completion of project-level CEQA environmental review, reviewed and recommended by Planning Commission before the City Council makes the final decision on the required discretionary approvals.

At this time, the specific land use designation and zoning district for which a General Plan Amendment and rezoning of Site 14 would be required is not known; as such, this Initial Study analyzes the reasonably foreseeable redevelopment of Site 14 with up to 1,000 residential units. The anticipated future amendment of Site 14’s land use designation and zoning district would be 4 Pipeline units are those that have undergone CEQA review separately and received their discretionary entitlements, but have not yet received building permits.
2023-2031 Housing Element Update 24 Initial Study
City of San Bruno December 2022 (Revised January 2023)
evaluated for potential environmental impacts to confirm whether the GPA and rezoning are consistent with the conclusions of this Initial Study/MND or whether supplemental CEQA review would be required.

3.2.2.2 Amendment of General Plan Policy HS-40
General Plan Policy HS-40 currently reads as follows:
“Prohibit new residential development within the 70+ Airport CNEL areas, as dictated by Airport Land Use Commission infill criteria.”
The Housing Element Update would amend General Plan Policy HS-40 to read:
“Prohibit new residential development within the 70-75 Airport CNEL areas, as dictated by Airport Land Use Commission infill criteria, unless, on a project by project, a proposed residential development is approved through the Local Agency Override process consistent with the Public Utilities Code Section 21675.1(d).”
The revision to General Plan Policy HS-40 would allow for the future development of Housing Opportunity Sites 14 and 19 with residential uses. As documented in Section 4.13.1 under Impact NOI-3, modern noise insulation methods and materials can achieve a 45 dBA CNEL interior noise level as required by Title 24, Part 2 of the California Building Code, Policy NP-4.1 of the ALUCP, and Policy HS-35 of the San Bruno General Plan. Accordingly, amendment of General Plan Policy HS-40 to allow for the redevelopment of Sites 14 and 19 with residential uses would result in acceptable interior noise levels for future residents, and is not evaluated further in this Initial Study.

3.2.2.3 Amendment of R-2 Zoning District
The R-2 zoning district, as described in Section 12.96.070 of the San Bruno Municipal Code, currently allows one dwelling unit for every 2,900 square feet of lot area. The Housing Element Update would amend Section 12.96.070 to allow two dwelling units on all R-2 zoned parcels regardless of lot size, and require a minimum of two dwellings units per vacant lot for new development.

A study by ECONorthwest on behalf of the City determined that this amendment would result in approximately 10 new dwelling units distributed throughout the City.5 The future location of these 10 additional units is not reasonably foreseeable at this time, but it is anticipated that due to the distribution of R-2 zoned lots throughout the City (refer to Figure 3.2-8), these 10 additional units would not be grouped together such that the combined construction or operation of these units would cumulatively contribute to an environmental impact.
5 ECONorthwest. Scenario Analysis Results. July 2022.

O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
R-1 R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1 R-1 R-1 R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1 R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1 R-1 R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
O
O
O
U
M-1
M-1
M-1
A-R
C-N
R-1
C-N
C-N
R-1
R-2
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1 R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
C-N
C-N
C-N
C-N
C-N
R-4
R-4
R-4
R-4 R-4
R-4
R-4
R-4
P-D
C-N
O
R-1
R-1 R-1
P-D
P-D
P-D
P-D
R-2
R-2
R-2
R-2
R-2
R-2
R-2 R-2
R-2
R-2 R-2
R-2 R-2
R-2 R-2
R-2
R-2 R-2
R-2
R-2
R-2
R-2
R-2
R-2
R-2
R-2
R-2
R-2 R-2
R-2
R-2
R-2
R-2
R-2
R-2
R-2
R-2
R-2
R-2
R-2
R-1
R-2
R-2 R-2
R-2
R-2
R-2
R-2
C-B-D

C-B-D C-B-D
C-B-D
M-1 M-1
M-1 M-1
M-1 M-1
P-D
O
R-1
R-1
R-1
C-N
R-3
R-3
R-3
R-3
R-2
R-2
R-2
R-1
R-1
R-1
R-1
P-D
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
C-N
R-1
O
P-D
P-D
P-D
R-1
P-D
P-D
R-1
R-1
O
O
O
U
R-1
R-1
R-1
R-1
U
R-1
R-1
R-1
O
U
U
U
U
TOD2
TOD2
TOD2
TOD2 P-D
P-D
P-D
P-D
CC
TOD2
TOD2
TOD2
TOD2
R-1
MXR
MXR
MXR
MXR
MXR
MXR
MXR
MXR
MXR
MXR
MXR
C-B-D
C-B-D

C-B-D C-B-D
TOD2
TOD2
TOD2
C-B-D

C-B-D C-B-D
C-B-D
TOD2
TOD2
TOD1
TOD1
TOD1 TOD1
TOD1 TOD1 TOD2 P-D
TOD1
C-B-D
TOD1
TOD1
TOD1
TOD1
TOD2
TOD1
TOD1 TOD1 TOD1 TOD1 TOD1
R-1
TOD1
TOD1

TODS TODS
TOD1 TOD1 TOD1 TOD1 TOD1
TODS
TODS
TOD1
TOD1
TOD2
TOD2
P-D
TOD2
MXR
MXR
MXR
MXR
R-3
R-3
R-4
TOD1
BRO
BRO
BRO
BRO
BNC
BRO
BRO
BRO
TODS
P-D
¤£101
¤£101
¨¦§280
¨¦§380
§¨¦380
¨¦§280
ÄÆ35
ÄÆ35
ÄÆ35

KAINS AVE

SNEATH LN

CLAREMONT DR

OLYMPIC DR

MASTICK AVE

HER M AN ST

WALNUT AVE

SEQUOIA AVE

HAMPTON CT

ANGUS AVE W

HUNTINGTON AVE

EARL AVE

SAN FELIPE AVE

BAYHILL DR

SANTA LUCIA AVE

CRESTMOOR DR

ROLLINGWOOD DR

SAN ANTONIO AVE

SAN ANSELMO AVE S

SYLVAN AVE

ROSEWOOD DR

OAKMONT DR

MONTEREY DR

VALLEYWOOD DR

COLLEGE DR

HUNTINGTON AVE

TRAEGER AVE

CAMINO PLAZA

PRINCETON DR

ELSTON DR

WHITMAN WY

ELM AVE
7TH AVE

SUSAN DR

FLEETWOOD DR

MADISON AVE

MORELAND DR

CHERRY AVE

CRYSTALSPRINGS RD

GRUNDY LN

EL CAMINO REAL

SAN BRUNO AVE W

SAN BRUNO AVE E

CRYSTAL SPRINGS RD

JENEVEIN AVE

SHARP PARK RD

CHERRY AVE

WESTBOROUGH BLVD

SAN MATEO AVE

COLLEGE DR

HUNTINGTON AV E

SNEATH LN

CALIFORNIA

GOLF CLUB

SAN FRANCISCO

INTERNATIONAL

AIRPORT

MILLBRAE

COUNTRY
CLUB
PARK

UNINCORPORATED
DALY
CITY
DALY
CITY

PACIFICA

SOUTH SAN

FRANCISCO
±
0 500 1,000 1,500 2,000 250 Feet
Legend
Residential Zones
R-1, Single Family Residential
R-2, Low Density Residential
R-3, Medium Density Residential
R-4, High Density Residential
Mixed Use Zones
CBD, Central Business District
TODS, TOD-Station Office
TOD1, Medium Density Mixed Use
TOD2, High Density Mixed Use
MXR, Multi Use--Residential Focus
CC, Civic Center
Bayhill Specific Plan Zones
Bayhill Neighborhood Commercial (BNC)
Bayhill Regional Office (BRO)
All Other Zones
C-N, Neighborhood Commercial
A-R, Administrative and Research
M-1, Industrial
P-D, Planned Development
O, Open Space
U, Unclassified
Specific Plans / Overlay Zones
Bayhill Mixed Use Overlay
Bayhill Residential Overlay
Bayhill Specific Plan
Transit Corridors Area
Source: City of San Bruno, November 7, 2021.

CITY OF SAN BRUNO ZONING MAP FIGURE 3.2-8
2023-2031 Housing Element Update
City of San Bruno
25 Initial Study
December 2022 (Revised January 2023)
2023-2031 Housing Element Update 26 Initial Study
City of San Bruno December 2022 (Revised January 2023)
SECTION 4.0 ENVIRONMENTAL SETTING, CHECKLIST, AND

IMPACT DISCUSSION
This section presents the discussion of impacts related to the following environmental subjects in their respective subsections:

4.1 Aesthetics

4.2 Agriculture and Forestry Resources

4.3 Air Quality

4.4 Biological Resources

4.5 Cultural Resources

4.6 Energy

4.7 Geology and Soils

4.8 Greenhouse Gas Emissions

4.9 Hazards and Hazardous Materials

4.10 Hydrology and Water Quality

4.11 Land Use and Planning

4.12 Mineral Resources

4.13 Noise

4.14 Population and Housing

4.15 Public Services

4.16 Recreation

4.17 Transportation

4.18 Tribal Cultural Resources

4.19 Utilities and Service Systems

4.20 Wildfire

4.21 Mandatory Findings of Significance
The discussion for each environmental subject includes the following subsections:
• Environmental Setting – This subsection 1) provides a brief overview of relevant plans, policies, and regulations that compose the regulatory framework for the project and 2) describes the existing, physical environmental conditions at the project site and in the surrounding area, as relevant.
• Impact Discussion – This subsection 1) includes the recommended checklist questions from Appendix G of the CEQA Guidelines to assess impacts and 2) discusses the project’s impact on the environmental subject as related to the checklist questions. For significant impacts, feasible mitigation measures are identified. “Mitigation measures” are measures that will minimize, avoid, or eliminate a significant impact (CEQA Guidelines Section 15370). Each impact is numbered to correspond to the checklist question being answered. For example, Impact BIO-1 answers the first checklist question in the Biological Resources section.

Mitigation measures are also numbered to correspond to the impact they address. For example, MM BIO-1.3 refers to the third mitigation measure for the first impact in the Biological Resources section.
2023-2031 Housing Element Update 27 Initial Study
City of San Bruno December 2022 (Revised January 2023)

4.1 AESTHETICS

4.1.1 Environmental Setting

4.1.1.1 Regulatory Framework
State
Senate Bill 743
Senate Bill (SB) 743 was adopted in 2013 and requires lead agencies to use alternatives to level of service (LOS) for evaluating transportation impacts, specifically vehicle miles traveled (VMT). SB 743 also included changes to CEQA that apply to transit-oriented developments, as related to aesthetics and parking impacts. Under SB 743, a project’s aesthetic impacts will no longer be considered significant impacts on the environment if:
• The project is a residential, mixed-use residential, or employment center project, and • The project is located on an infill site within a transit priority area.6 SB 743 also clarifies that local governments retain their ability to regulate a project’s aesthetics impacts outside of the CEQA process.

Streets and Highway Code Sections 260 through 263
The California Scenic Highway Program (Streets and Highway Code, Sections 260 through 263) is managed by Caltrans. The program is intended to protect and enhance the natural scenic beauty of California highways and adjacent corridors through special conservation treatment.

In San Mateo County, there are three state-designated scenic highways, including California State Route 1 (SR 1) segment between south of Half Moon Bay to the Santa Cruz County line, California State Route 35 (SR 35) segment between State Route 92 (SR 92) intersection to Santa Cruz County Line, and Interstate 280 (I-280) segment near the City of San Bruno to Santa Clara County line. I-280 is the only state-designated scenic highway within the San Bruno city limits. 6 Pursuant to Public Resources Code 21061.3: An “infill site” is defined as “a lot located within an urban area that has been previously developed, or on a vacant site where at least 75 percent of the perimeter of the site adjoins, or is separated only by an improved public right-of-way from, parcels that are developed with qualified urban uses.” Pursuant to Public Resources Code 21099(a)(7): A “transit priority area” is defined as “an area within 0.5 mile of a major transit stop that is existing or planned, if the planned stop is scheduled to be completed within the planning horizon included in a Transportation Improvement Program adopted pursuant to Section 450.216 or 450.322 of Title 23 of the Code of Federal Regulations.”
Pursuant to Public Resources Code 21064.3: A “major transit stop” means “a site containing an existing rail transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.”
2023-2031 Housing Element Update 28 Initial Study
City of San Bruno December 2022 (Revised January 2023)
Regional and Local
County of San Mateo General Plan
The County of San Mateo General Plan states that Crystal Springs Road, El Camino Real (from Easton Drive to Crystal Springs Road), and Sharp Park Road are County-designated scenic roads.7

City of San Bruno General Plan
A scenic corridor is defined in the San Bruno General Plan as a “roadway or highway with unique or distinctive physical or cultural features”. The General Plan identifies one state-designated scenic corridor, I-280, and one local scenic corridor, Skyline Boulevard (Highway 35), which is also eligible for designation as a State Scenic Highway. San Bruno recognizes Sneath Lane, Crystal Springs Road, and Sharp Park Road as local scenic corridors. The City is also a participant in the Grand Boulevard Initiative, which seeks to turn El Camino Real into a “grand boulevard of meaningful destinations” with high quality building designs.

The City of San Bruno General Plan identifies views from hills to the north and west as a prominent visual backdrop. Scenic vistas include views from San Bruno Mountain, Sweeney Ridge, and Skyline College, which is recessed into the hillsides and is shielded from view.

The City’s General Plan contains the following relevant policies:

Policies Description
LUD-E Ensure that new development, especially in residential neighborhoods, is sensitive to existing uses, and is of the highest quality design and construction.

LUD-3 During Plan review, protect the residential character of established neighborhoods by ensuring that new development conforms to surrounding design and scale.

LUD-4 Strengthen residential integrity in viable neighborhoods within the city’s Redevelopment Area by eliminating incompatible uses and by facilitating upgrading of deteriorated structures.

LUD-7 Require any subdivision or development involving construction of more than five units, regardless 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.

LUD-8 Develop and implement standards in the City’s Zoning Ordinance and Subdivision Regulations that minimize the visual dominance of garages in multifamily complexes. Use the following design techniques:
• Locate garages and carports to the rear of parcels;
• Provide access to tuck-under parking from the side or rear of parcels, particularly along major arterial roadways;
• Screen tuck-under parking with landscaping or other buffering techniques; and • Continue to allow shared driveway configurations, as appropriate. 7 San Mateo County. General Plan. November 1986.
2023-2031 Housing Element Update 29 Initial Study
City of San Bruno December 2022 (Revised January 2023)
Policies Description
LUD-12 Improve the visibility of Downtown from El Camino Real through a variety of techniques that may include signage, lighting, landscape treatment, or provision of plaza or building design that “announces” Downtown.
• Require buildings along the intersection to present attractive and pleasant facades where visible from El Camino Real, including windows, displays and entryways (transparency) at ground level.
• Incorporate a historical marker to identify the intersection as the beginning of the California State Highway system.
• Improve the visibility of Downtown by expanding streetscaping and amenities to parcels on the west side of El Camino Real. Install directional signage or banners along El Camino Real to announce Downtown. Consider use of signage arching over El Camino Real were Caltrans to abandon State Highway designation for El Camino Real.
• Place clearly marked crosswalks and traffic lights to ensure the safety of residents and visitors entering Downtown from across El Camino Real. • Work with Caltrans and other agencies to modify El Camino Real street design to implement traffic calming measures that ensure safe pedestrian and bicycle access to Downtown.

LUD-15 Require pedestrian-oriented building design, including zero front setbacks (except where noted for public plazas), awnings, and building entries facing the street – to complement the city’s Downtown streetscape improvements.

LUD-21 Strengthen the identity of the existing internal “street” network in The Shops at Tanforan and Towne Center. Encourage transition of these two centers into an outdoor/indoor shopping “district,” as illustrated in Figure 2-6. Implement the following design techniques:
• Promote reuse and infill of existing surface parking lots. • Strengthen the existing internal street network (as shown in the concept diagram) to promote walkability between stores, services, and restaurants. • Ensure that the street network links the two shopping centers and preserves the visibility of the existing shopping complexes from El Camino Real. • Design all new commercial spaces to be located and oriented toward the walkable internal streets and toward Sneath Lane, with clear connections to enclosed mall entrances.
• Create fluid and visible pedestrian connections to and from the San Bruno BART Station.
• In accordance with Ordinance 1284, consider construction of necessary parking structures to replace existing surface parking lots. Locate parking structures along the edges of the shopping district to minimize vehicular traffic on internal pedestrian-oriented streets.
• Improve landscaping along El Camino Real to differentiate and announce the “district” from other developments along El Camino Real. • Incorporate gateway features on El Camino Real near the northern edge of Towne Center where San Bruno’s northern boundary exists.
• Develop a uniform signage plan to coordinate signs along the internal shopping streets with signs along El Camino Real.
2023-2031 Housing Element Update 30 Initial Study
City of San Bruno December 2022 (Revised January 2023)
Policies Description
• Coordinate with the San Bruno Chamber of Commerce to market the new “district” as a regional marketplace.

LUD-25 Coordinate new development at the BART and Caltrain station areas with surrounding residential neighborhoods through landscaping, feathered building heights (taller buildings near stations and shorter buildings near existing residences), pedestrian connections, and other such techniques.

LUD-33 Plant additional street trees along the existing buffer between Huntington Avenue and the residential frontage road due east of the San Bruno BART Station.

LUD-44 Require multi-use developments along El Camino Real to provide a pedestrian-friendly environment along the street frontage, as follows:
• Require a minimum ground floor transparency requirement for all development north of Crystal Springs Road.
• Encourage pedestrian-scale architectural articulation (that is, awnings at appropriate heights).
• Require that buildings are located adjacent to the sidewalk, and that main entries are oriented toward the sidewalk.
• Locate parking lots at the side or rear of parcels. Buffer parking areas from the sidewalk with landscaping.
• Minimize curb cuts and parking access from El Camino Real. • Limit front setbacks to create an active street frontage.

LUD-49 Minimize building setbacks, orient building entrances toward the street (not parking lots), and vary features along the building façades on San Bruno Avenue.

LUD-69 Conduct a design review of all development in “Areas visible from all sites” in Figure 2-3 to ensure it is not visually over-dominant.

LUD-70 Provide incentives for developers to create view corridors from El Camino Real and Sneath Lane toward new internal open spaces at The Shops at Tanforan and Towne Center.

LUD-72 Require buildings in Downtown and in Transit-oriented Development district to screen mechanical equipment on the roof with non-glaring materials.

LUD-73 Require buildings with a continuous façade of 100 feet or longer to use non-reflective materials to minimize adverse impact of glare.

T-18 Require right-of-way landscaping to be maintained at an appropriate scale, so as to not reduce visibility at intersections.

T-25 Coordinate with Caltrans, San Mateo County, and adjacent cities in order to maintain a consistent approach in applying scenic conservation standards in roadway design, improvements, and maintenance.

T-26 Continue to limit widening, modification, or realignment of the City’s scenic corridors, consistent with Ordinance 1284. Preserve large trees and other natural features, limit signage, maintain wide setbacks, and reduce traffic speeds along these roadways.

T-27 Continue to support beautification efforts along Interstate 280, an officially designated State Scenic Highway.

T-28 Recognize and protect the following as local scenic corridors:
• Skyline Boulevard, State Scenic Highway
2023-2031 Housing Element Update 31 Initial Study
City of San Bruno December 2022 (Revised January 2023)
Policies Description
• Crystal Springs Road, County Scenic Road
• Sharp Park Road, County Scenic Road
• Sneath Lane
T-29 Review and update the City’s Scenic Corridor Protection Program for I-280, Skyline Boulevard, and future State-designated scenic highways.

T-30 Improve the appearance of the following streets:
• El Camino Real: Continue landscaping the median strips and review projects for good design. Coordinate landscaping design with neighboring jurisdictions. • San Mateo Avenue: Continue implementation of the Street Beautification Plan in conjunction with merchants and property owners.
• San Bruno Avenue (west of El Camino Real): Retain trees on Bayhill property along San Bruno Avenue, consistent with the City’s Tree Preservation policy. • Huntington Avenue/railroad tracks: Continue landscaping along both sides of the railroad tracks.

T-32 Encourage design of public and private development to frame vistas of the Downtown, public buildings, parks, and natural features.

T-33 Promote and facilitate planting of shade trees along all streets within San Bruno, through public education, developer incentives, and general beautification funds. Tree specifics should be selected to create a unified image and an effective canopy.

T-42 Do not allow parking lots to dominate the frontage of mixed-use streets, interrupt pedestrian routes, or negatively impact surrounding neighborhoods.

T-76 Require construction of sidewalks at least five (5) feet wide along newly built streets within San Bruno, and four (4) feet wide on older streets to preserve street character in older neighborhoods.

T-77 Create a pedestrian-oriented setting along the Pedestrian Emphasis Zones (see Figure 4-6) through potential construction of the following public improvements:
• Brick pavers to make sidewalks look more distinct;
• Street trees to soften the environment and provide color and shade; • Human-scale street lights for enhanced aesthetics and illumination; • Banners and flags to make the area look more festive and cheerful; and • Benches to give people a place to sit, rest, and watch what goes on around them.

T-78 Allow new development to contribute to the Pedestrian Emphasis Zones (Figure 4-6) through construction of off-site improvements.

OSR-28 Preserve Crestmoor Canyon in a natural state. Minimize changes to natural landforms, topography, rock outcroppings, mature tree stands, and other vegetation, while accommodating a multi-use trail and supporting facilities. Exceptions may be made for any necessary changes in order to improve slope stability.

OSR-32 During plan review, assure that development on city lands is compatible with preservation of Crestmoor Canyon, Junipero Serra Park, San Francisco Peninsula Watershed lands, Golden Gate National Recreation Area, and San Francisco International Airport wetlands in a natural state.
2023-2031 Housing Element Update 32 Initial Study
City of San Bruno December 2022 (Revised January 2023)
Policies Description
OSR-33 Balance fire prevention goals with the preservation of the mature tree stands along the city’s scenic corridors, including Sneath Lane, Skyline Boulevard, I-280, and Crystal Springs Road, consistent with the Tree Preservation Ordinance and Ordinance 1284.

Landscaping of public rights-of-way along these corridors should complement the natural state.

ERC-2 Preserve as open space those portions of property which have significant value to the public as scenic resources, aesthetic, or recreation purposes.

ERC-3 Protect natural vegetation in park, open space, and scenic areas as wildlife habitat, to prevent erosion, and to serve as noise and scenic buffers.

ERC-9 Preserve mature trees and vegetation, including wildflowers, within open canyon areas and along the city’s scenic roadways.

ERC-10 Require incorporation of native plants into landscape plans for new development as feasible – especially in areas adjacent to natural areas, such as canyons or scenic roadways (Figure 6-1). Require preservation of mature trees, as feasible, during design and construction.

ERC-12 Balance the need for fire safety and invasive plant species management with new considerations along the city’s scenic corridors. Encourage buildings to be located outside of the tree’s drip-line or 12 feet from the tree trunk, whichever is greater, and/or incorporating special techniques to minimize root damage, etc.

ERC-40 Ensure that new development adjacent to historic structures is compatible with the character of the structure and the surrounding neighborhood.

PFS-24 Require provision of attractive, convenient recycling bins and trash enclosures in grouped development projects (i.e., multi-family residential projects, office complexes, and commercial shopping centers).

PFS-65 Require new development to incorporate passive heating and natural lighting strategies if feasible and practical. These strategies should include, but are not limited to, the following:
• Using building orientation, mass and form, including façade, roof, and choice of building materials, color, type of glazing, and insulation to minimize heat loss during winter months and heat gain during the summer months; • Designing building openings to regulate internal climate and maximize natural lighting, while keeping glare to a minimum; and
• Reducing heat-island effect of large concrete roofs and parking surfaces.

City of San Bruno Municipal Code
Title 12, Land Use, Article III, Zoning of the San Bruno Municipal Code sets forth specific design guidelines, height limits, building density, building design and landscaping standards, architectural features, and open space and setback requirements.
2023-2031 Housing Element Update 33 Initial Study
City of San Bruno December 2022 (Revised January 2023)
Residential Design Guidelines
Title 12 of the San Bruno Municipal Code requires that all changes to the exterior design of singlefamily and two-family residences in the City requiring discretionary approval or a building permit be consistent with San Bruno's Residential Design Guidelines. The Residential Design Guidelines identify basic design principles to be followed by all residential exterior improvements, additions, and new construction projects, as well as specific guidance on a wide variety of architectural considerations, such as neighborhood compatibility, setbacks, materials and colors, etc.

Tree Preservation Policies
Chapter 8.24 of the City of San Bruno Municipal Code, “Street Trees and Other Plantings” regulates the planting and maintenance of trees and other plantings in and along the public streets, ways, and public easements within the city. Chapter 8.25, “Heritage Trees”, protects certain trees located on private property within the City of San Bruno, including:

1. Any native bay (Umbellularia californica), buckeye (Aesculus species), oak (Quercus species), redwood (Sequoia sempervirens), or pine (Pinus radiata) tree that has a diameter of six inches or more measured at fifty-four inches above natural grade;

2. Any tree or stand of trees designated by resolution of the city council to be of special historical value or of significant community benefit;

3. A stand of trees, the nature of which makes each dependent on the others for survival; or

4. Any other tree with a trunk diameter of ten inches or more, measured at fifty-four inches above natural grade.

Ordinance 1284
Adopted in June 1977, this ordinance limits building heights to 50 feet or three stories unless approved by City voters and prohibits increases of residential densities in areas zoned residential as of 1974.

Transit Corridors Plan
As noted in Section 3.1.1.1, Housing Opportunity Sites 1, 2, 4, 5, 7, 9, 11, 12, 15, 17, 20, 21, 22, and 23 are located within the TCP area. The TCP identifies five “Character Areas” with unique visual characters and development objectives: San Mateo Avenue, El Camino Real, Huntington Avenue, Station Area, and the Central Business District. Additionally, the TCP includes development standards and design guidelines that govern future private development actions in the TCP area.

Bayhill Specific Plan
As noted in Section 3.1.1.1, Housing Opportunity Sites 3 and 13 are located within the Bayhill Specific Plan area. Chapter Three of the Bayhill Specific Plan includes mandatory “Urban Design Policies” and discretionary “Urban Design Guidelines” which are intended to serve as the design review criteria for future private development within the Bayhill Specific Plan area. 2023-2031 Housing Element Update 34 Initial Study
City of San Bruno December 2022 (Revised January 2023)

4.1.1.2 Existing Conditions
General Plan and Municipal Code Conforming Sites
Residential development at the densities proposed by the Housing Element Update (refer to Table

3.2-1) are allowed at Housing Opportunity Sites 6, 8, 10, 16, 18, and 19 under their existing General Plan land use designation and zoning district regulations, and therefore no General Plan amendments or rezoning is required. The existing conditions at these sites related to aesthetics are discussed below.

Housing Opportunity Site 6
Housing Opportunity Site 6 is currently developed with multiple uses, including a privately operated golf driving range, parking lot storage for a private bus operator, and a maintenance building for the San Bruno Park School District. No potentially historic buildings or rock outcroppings are present on-site, although a significant number of mature trees are present. The existing golf driving range operates approximately 60-foot tall pole mounted lights that generate substantial amounts of light and glare when operational post-sunset. During the day and post-close of business, the site generates little to no light and glare.

Site 6 is bordered by I-280 (a state-scenic highway) to the east and the Crestmoor Canyon open space areas in all other directions. Beyond Crestmoor Canyon are single-family residences to the west, north, and south as well as two gas stations across Sneath Lane to the north. Since the project site is recessed into the hillside, views of Sweeney Ridge and San Bruno Mountain are limited. Due to intervening vegetation and topography, Site 6 is only minimally visible from I-280 and is not visible from any other state-, county-, or locally-designated scenic road or corridor. Light and glare generated by car headlights on I-280 and lighting of the single-family residences and gas stations in the surrounding area are consistent with these types of uses.

Site 8 is mapped within a Transit Priority Area (TPA).
8 Site 8 is located in an urbanized area surrounded on all sides by one-story single-family residential development. No potentially historic buildings or rock outcroppings are present on-site, although a number of mature trees are present. Due to distance and/or intervening development and topography, views of Sweeney Ridge and San Bruno Mountain are limited, and none of the state-, county, or locally-designated scenic corridors or roadways are visible from Site 8. 8 Metropolitan Transportation Commission. “Transit Priority Areas (2021)”. Accessed October 21, 2022. https://www.arcgis.com/apps/mapviewer/index.html?panel=gallery&suggestField=true&layers=370de9dc4d65402d 992a769bf6ac8ef5
2023-2031 Housing Element Update 35 Initial Study
City of San Bruno December 2022 (Revised January 2023)
Housing Opportunity Sites 10 and 16
Housing Opportunity Sites 10 and 16 are vacant dirt lots that are located adjacent to each other on San Marco Avenue. Access to San Marco Avenue is provided via El Camino Real. No potentially historic buildings or rock outcroppings are present on-site, although a number of mature trees are present. Since Sites 10 and 16 are undeveloped and they do not currently generate any light or glare; light and glare in the surrounding area is typical of urbanized areas. Sites 10 and 16 are mapped within a TPA.9
Sites 10 and 16 are located in an urbanized area developed with mostly single-family residential development and various commercial uses along the El Camino Real corridor to the immediate west of the sites. Due to distance and/or intervening topography and development around Sites 10 and 16, views of Sweeney Ridge and San Bruno Mountain are extremely limited, and there are no views to and from I-280. Sites 10 and 16 are not visible from any state-, county-, or locally-designated scenic corridor or roadway.

Housing Opportunity Site 18
Housing Opportunity Site 18 is developed with a two-story flat-roofed brick building with sloped awnings over the first level, a surface parking lot, and a plaza at the corner of West 1st Street and Commodore Drive. No potentially historic buildings or rock outcroppings are present on-site, although a number of mature trees are present. Minimal amounts of light and glare are generated by the existing development, which is minimally lighted at nighttime and has limited amounts of glass on the building exterior. Site 18 is mapped within a TPA.10 Opposite Site 18 across El Camino Real to the east is the Shops at Tanforan development, which is located within Housing Opportunity Site 14, discussed below. Commercial uses are present to the north and south along El Camino Real, and multi-family residential developments and the Marine Corps Reserve Center are located west of the project site. Due to distance and/or intervening topography and development, Site 18 is not visible from Sweeney Ridge or I-280. However, Site 18 is visible from the San Bruno Mountain and Sneath Lane, a locally-designated scenic corridor, to the north. Light and glare generated by surrounding uses and traffic along El Camino Real and surrounding roadways are typical of urbanized areas.

Housing Opportunity Site 19
Housing Opportunity Site 19 is developed with a single-story flat-roofed building and surface parking lot. No potentially historic buildings, rock outcroppings, or mature trees are present on-site.

Minimal amounts of light and glare are generated by the existing development, which is minimally 9 Metropolitan Transportation Commission. “Transit Priority Areas (2021)”. Accessed October 21, 2022. https://www.arcgis.com/apps/mapviewer/index.html?panel=gallery&suggestField=true&layers=370de9dc4d65402d 992a769bf6ac8ef5 10 Metropolitan Transportation Commission. “Transit Priority Areas (2021)”. Accessed October 21, 2022. https://www.arcgis.com/apps/mapviewer/index.html?panel=gallery&suggestField=true&layers=370de9dc4d65402d 992a769bf6ac8ef5
2023-2031 Housing Element Update 36 Initial Study
City of San Bruno December 2022 (Revised January 2023)
lighted at nighttime and has limited amounts of glass on the building exterior. Site 19 is mapped within a TPA.11
Site 19 is located approximately 300 feet north of Site 18. As noted above, the Shops at Tanforan development is located to the east, commercial uses are present to the north and south along El Camino Real, and multi-family residential developments and the Marine Corps Reserve Center are located to the west. Due to distance and/or intervening topography and development, Site 19 is not visible from Sweeney Ridge or I-280. Like Site 18, Site 19 is visible from the San Bruno Mountain and Sneath Lane, a locally-designated scenic corridor, to the north. Light and glare generated by surrounding uses and traffic along El Camino Real and surrounding roadways are typical of urbanized areas.

Transit Corridors Plan Area Sites
As discussed in Section 3.1.1.1, Housing Opportunity Sites 1, 2, 4, 5, 7, 9, 11, 12, 15, 17, 20, 21, 22, and 23 are located within the TCP area. The TCP area is fully urbanized and characterized by diverse land uses, building forms, parcel sizes and surface parking lots. As discussed in Section 4.1.1.1, the TCP divides the TCP area into five character areas with unique visual characters and development objectives: San Mateo Avenue, El Camino Real, Huntington Avenue, Station Area, and the Central Business District. All Transit Corridor Plan sites are mapped within a TPA.12 Various vantage points throughout the TCP area have views of the western and northern ridgelines, including Sweeney Ridge to the west and San Bruno Mountain to the north, both of which are identified as scenic vistas in the City’s General Plan. None of the state-, county-, or locallydesignated scenic roads/corridors (refer to Section 4.1.1.1) intersect the TCP area, although portions of the TCP area may be partially visible from these roadways.

Lighting within the TCP area includes those sources common to urban areas, including street and freeway lights, parking lot lighting, building lighting, illuminated signs, vehicle headlamps and interior lighting visible through windows. Existing sources of glare in and around the TCP area are also those common to such urban areas, including reflection of sunlight and artificial light off of windows, buildings and other surfaces in the day, and glare from inadequately shielded and improperly directed light sources at night.

Bayhill Specific Plan Area Sites
As discussed in Section 3.1.1.2, Housing Opportunity Sites 3 and 13 are located within the urbanized Bayhill Specific Plan area. The Bayhill Specific Plan area is approximately 92.2 acres in size and encompasses the Bayhill Office Park, Bayhill Shopping Center, and Marriott Courtyard Hotel. Most of the Bayhill Specific Plan area was developed in the 1970s, and streets and buildings reflect the suburban, auto-oriented character of development at the time. Stand-alone buildings are surrounded 11 Metropolitan Transportation Commission. “Transit Priority Areas (2021)”. Accessed October 21, 2022. https://www.arcgis.com/apps/mapviewer/index.html?panel=gallery&suggestField=true&layers=370de9dc4d65402d 992a769bf6ac8ef5 12 Metropolitan Transportation Commission. “Transit Priority Areas (2021)”. Accessed October 21, 2022. https://www.arcgis.com/apps/mapviewer/index.html?panel=gallery&suggestField=true&layers=370de9dc4d65402d 992a769bf6ac8ef5
2023-2031 Housing Element Update 37 Initial Study
City of San Bruno December 2022 (Revised January 2023)
by large parking lots. Most buildings are concrete and glass, with “blocky” forms typical of 1970s and 1980s commercial building design. Heights range from one-story retail buildings in the Bayhill Shopping Center, to six-story buildings at 900 and 850 Cherry Avenue. Landscape features include frontage lawns, roadway medians, and parking lot islands with a focus on screening and shading the considerable expanses of surface parking. Site 13 is mapped within a TPA.13 Due to distance and/or intervening development and topography, views of Sweeney Ridge and San Bruno Mountain from the Bayhill Specific Plan area are limited. None of the state-, county-, or locally-designated scenic roads/corridors (refer to Section 4.1.1.1) intersect the Bayhill Specific Plan area; however, I-280 is adjacent to the western border of the Bayhill Specific Plan area. Views from I-280 of the Bayhill Specific Plan area are extremely limited due to screening from intervening vegetation that borders the northbound I-280 lanes.

Existing buildings include night lighting in addition to security lights that remain illuminated through the night. Surface parking lots are well lit. Glass and reflective surfaces on buildings and vehicles, on streets, and in parking lots contribute to a limited amount of glare that is typical of a suburban office park. Due to the urbanized nature of the surrounding area, a substantial amount of ambient nighttime lighting currently exists, affecting views of the nighttime sky.

Housing Opportunity Site 14
Housing Opportunity Site 14 consists of 1122-1188 El Camino Real/300 Tanforan Shopping Center (APNs: 014-316-240; -300; -330; -360), which is developed with the Shops at Tanforan shopping mall, and 1292 Huntington Avenue (APN: 014-311-060), which is located opposite the Shops at Tanforan across the Sneath Lane/Huntington Avenue intersection and is developed with a vacant paved lot.

The Shops at Tanforan development occupies a 44-acre super-block bounded by Sneath Lane to the north, Huntington Avenue to the east, Interstate 380 (I-380) to the south, and El Camino Real to the west. The Shops at Tanforan consists of a 970,000 square-foot shopping mall with building heights of up to 126 feet, nine inches above mean sea level (AMSL), which is surrounded by aboveground parking garages and surface parking lots. In 2005, the Shops at Tanforan underwent major renovations, and is of modern, conventional construction and design. The Shops at Tanforan generates a substantial amount of light associated with lighting of the mall and surrounding parking lots at night, but only limited amounts of glare due to the lack of large uninterrupted expanses of glass. Site 14 is mapped within a TPA.14
Housing Opportunity Site 14 is located adjacent to Sneath Lane, and is visible from San Bruno Mountain and Sweeney Ridge. Visibility from any other county- or locally-designated scenic corridor or roadway is limited. Site 14 is located within a heavily urbanized area and is surrounded by single-family residential development to the east across Huntington Avenue and south across I13 Metropolitan Transportation Commission. “Transit Priority Areas (2021)”. Accessed October 21, 2022. https://www.arcgis.com/apps/mapviewer/index.html?panel=gallery&suggestField=true&layers=370de9dc4d65402d 992a769bf6ac8ef5 14 Metropolitan Transportation Commission. “Transit Priority Areas (2021)”. Accessed October 21, 2022. https://www.arcgis.com/apps/mapviewer/index.html?panel=gallery&suggestField=true&layers=370de9dc4d65402d 992a769bf6ac8ef5
2023-2031 Housing Element Update 38 Initial Study
City of San Bruno December 2022 (Revised January 2023)
380 freeway, multi-family residential and commercial uses and the Marine Corps Reserve Center to the west, and a wide variety of development to the north, including the San Bruno Towne Center retail plaza, hotels, movie theatres, and other commercial and retail uses. Due to the urbanized nature of the surrounding area, light sources include street and freeway lights, parking lot lighting, building lighting, illuminated signs, vehicle headlamps, and interior lighting visible through windows. Glare sources include reflection of sunlight and artificial light off of windows, buildings and other surfaces in the day, and inadequately shielded and improperly directed light sources at night.

4.1.2 Impact Discussion
Potentially
Significant
Impact
Less than
Significant
with Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Except as provided in Public Resources Code
Section 21099, would the project:
1) Have a substantial adverse effect on a scenic
vista?
2) Substantially damage scenic resources,
including, but not limited to, trees, rock
outcroppings, and historic buildings within a
state scenic highway?
3) In non-urbanized areas, substantially degrade
the existing visual character or quality of
public views of the site and its surroundings? 15
If the project is in an urbanized area, would the
project conflict with applicable zoning and
other regulations governing scenic quality?
4) Create a new source of substantial light or
glare which would adversely affect day or
nighttime views in the area?
Impact AES-1: The project would not have a substantial adverse effect on a scenic vista. (Less than Significant Impact)
San Bruno Mountain, Sweeney Ridge, and Skyline College are identified as scenic vistas in the City’s General Plan. Crystal Springs Road, El Camino Real (from Easton Drive to Crystal Springs Road), and Sharp Park Road are County- and locally-designated scenic roads, and Sneath Lane is a locally-designated scenic corridor. As documented in Section 4.1.1.2, all of the Housing Opportunity Sites (with the exception of Sites 3 and 6) are located within a transit priority area (TPA), and therefore impacts on scenic vistas associated with future residential and mixed-use residential development at these sites are considered less than significant pursuant to SB 743.

Due to distance and/or intervening development and topography, views of Sweeney Ridge and San Bruno Mountain from Sites 3 and 6 are limited. Pursuant to General Plan Policy LUD-7, any future 15 Public views are those that are experienced from publicly accessible vantage points. 2023-2031 Housing Element Update 39 Initial Study
City of San Bruno December 2022 (Revised January 2023)
residential projects proposed at Sites 3 and 6 would be subject to design review, where it would be reviewed to ensure consistency with General Plan and Municipal Code regulations governing scenic quality (refer to Section 4.1.1.1 and the discussion under Impact AES-3). Further, future development at Sites 3 and 6 would also be subject to the 50-foot height restrictions placed on new development by Ordinance 1284. Therefore, while the orientation and density of development at Sites 3 and 6 may change, views from San Bruno Mountain and Sweeney Ridge would be fundamentally unchanged in comparison with existing conditions.

For the reasons stated above, buildout of the Housing Element Update would not have a substantial adverse effect on a scenic vista.

Impact AES-2: The project would not substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway. (Less than Significant Impact)
There is one state-designated scenic highway in San Bruno (I-280). As noted under Impact AES-1, all of the Housing Opportunity Sites (with the exception of Sites 3 and 6) are located within a TPA, and therefore impacts to scenic resources within a state scenic highway associated with future residential and mixed-use residential development at these sites are considered less than significant pursuant to SB 743.

Views from I-280 of Sites 3 and 6 are extremely limited due to screening from intervening vegetation that borders I-280; Site 6 is further obscured due to its location uphill of I-280. The only scenic resources present at Sites 3 and 6 are trees, which, if removed, would be replaced in accordance with the requirements outlined in San Bruno Municipal Code sections 8.24.090 and 8.25.050 (refer to Section 4.4.1.1 Regulatory Framework).16 Since existing trees on Sites 3 and 6 do not contribute to views from I-280 redevelopment of these sites with residential uses would not damage scenic resources within a state scenic highway.

For the reasons stated above, buildout of the Housing Element Update would not damage scenic resources within a state scenic highway.

Impact AES-3: The project would not substantially degrade the existing visual character or quality of public views of the site and its surroundings. The project would not conflict with applicable zoning and other regulations governing scenic quality. (Less than Significant Impact)
As documented in Section 4.1.1.2, all of the Housing Opportunity Sites identified in the Housing Element Update are within urbanized areas, with the exception of Site 6 which is designated for housing under the current General Plan and Municipal Code regulations. As noted under Impact AES-1, all of the Housing Opportunity Sites (with the exception of Sites 3 and 6) are located within a TPA, and therefore impacts to visual character, public views, and scenic quality associated with 16 Street trees and heritage trees are required to be replaced by either two twenty-four-inch box size trees or one thirty-six-inch box size tree for each tree removed.
2023-2031 Housing Element Update 40 Initial Study
City of San Bruno December 2022 (Revised January 2023)
future residential and mixed-use residential development at these sites are considered less than significant pursuant to SB 743.

Redevelopment of Sites 3 and 6 would be subject to design review by General Plan Policy LUD-7, where it would be reviewed to ensure consistency with General Plan and Municipal Code regulations governing scenic quality. Applicable General Plan policies (refer to Section 4.1.1.1, above) would include LUD-E, LUD-3, LUD-4, LUD-8, LUD-12, LUD-21, LUD-25, LUD-33, LUD-44, LUD-70, LUD-72, LUD-73, T-18, T-25, T-26, T-28, T-30, T-32, T-33, T-42, T-76, T-77, T-78, OSR-33, OSR-34, ERC-9, ERC-10, ERC-12, ERC-40, PFS-24, and PFS-65. Future development at Sites 3 and 6 would also be subject to the Municipal Code regulations identified in Section 4.1.1.1, including the various design guidelines and tree preservation policies, and the 50-foot height restriction imposed by Ordinance 1284. Further, future development at Site 3 under the Housing Element Update would be required to adhere to the mandatory “Urban Design Policies” provided in the Bayhill Specific Plan. The design review process would ensure that future development at Site 3 would not conflict with the aforementioned zoning and other regulations governing scenic quality, and that future development at Site 6 does not degrade the existing visual character or quality of public views of Site 6 and its surroundings.

For the reasons stated above, buildout of the Housing Element Update would not conflict with applicable zoning and other regulations governing scenic quality, or degrade the existing visual character or quality of public views of the site and its surroundings.

Impact AES-4: The project would not create a new source of substantial light or glare which would adversely affect day or nighttime views in the area. (Less than Significant Impact)
As noted under Impact AES-1, all of the Housing Opportunity Sites (with the exception of Sites 3 and 6) are located within a TPA, and therefore light- and glare-related impacts associated with future residential and mixed-use residential development at these sites are considered less than significant pursuant to SB 743.

As discussed in Section 4.1.1.2, substantial light and glare exists at Housing Opportunity Site 3 and the surrounding area that is typical to urbanized areas. Less light and glare is present at Site 6, which is in the vicinity of residential uses and gas stations as well as undeveloped areas that do not generate any light or glare. Among other things, Site 6 is developed with approximately 60-foot-tall pole mounted lights that generate substantial light and glare post-sundown.

As discussed under Impact AES-3, all future development under the Housing Element Update would be subject to design review, where it would be reviewed to ensure consistency with General Plan and Municipal Code regulations governing scenic quality (including those related to light and glare).

Applicable General Plan policies concerning light and glare include LUD-72, which requires buildings to screen rooftop mechanical equipment with non-glaring materials, and LUD-73, which requires buildings with a continuous façade of 100 feet or longer to use non-reflective materials to minimize adverse impact of glare. Redevelopment at Site 3 would be subject to the mandatory “Urban Design Policies” provided in the Bayhill Specific Plan governing light fixtures, including 2023-2031 Housing Element Update 41 Initial Study
City of San Bruno December 2022 (Revised January 2023)
Policies 3-17, 3-20, and 3-26, which require shielding light and glare from exterior site lighting, shielding internal building lighting, and minimizing the reflectivity of building wall surfaces and glazing, respectively. Further, redevelopment of Site 6 is anticipated to remove the pole mounted lights and potentially reduce post-sundown light and glare. Accordingly, future development at Sites 3 and 6 would not generate substantial glare that would adversely affect day or nighttime views in the area.

For the reasons stated above, buildout of the Housing Element Update would not create a new source of substantial light or glare which would adversely affect day or nighttime views in the area. 2023-2031 Housing Element Update 42 Initial Study
City of San Bruno December 2022 (Revised January 2023)

4.2 AGRICULTURE AND FORESTRY RESOURCES

4.2.1 Environmental Setting

4.2.1.1 Regulatory Framework
State
Farmland Mapping and Monitoring Program
The California Department of Conservation’s Farmland Mapping and Monitoring Program (FMMP) assesses the location, quality, and quantity of agricultural land and conversion of these lands over time. Agricultural land is rated according to soil quality and irrigation status. The best quality land is identified as Prime Farmland. In CEQA analyses, the FMMP classifications and published county maps are used, in part, to identify whether agricultural resources that could be affected are present on-site or in the project area.17
California Land Conservation Act
The California Land Conservation Act (Williamson Act) enables local governments to enter into contracts with private landowners to restrict parcels of land to agricultural or related open space uses.

In return, landowners receive lower property tax assessments. In CEQA analyses, identification of properties that are under a Williamson Act contract is used to also identify sites that may contain agricultural resources or are zoned for agricultural uses.18 Fire and Resource Assessment Program
The California Department of Forestry and Fire Protection (CAL FIRE) identifies forest land, timberland, and lands zoned for timberland production that can (or do) support forestry resources.19 Programs such as CAL FIRE’s Fire and Resource Assessment Program and are used to identify whether forest land, timberland, or timberland production areas that could be affected are located on or adjacent to a project site.20,
21 17 California Department of Conservation. “Farmland Mapping and Monitoring Program.” Accessed October 24, 2022. http://www.conservation.ca.gov/dlrp/fmmp/Pages/Index.aspx. 18 California Department of Conservation. “Williamson Act.” Accessed October 24, 2022. http://www.conservation.ca.gov/dlrp/lca. 19 Forest Land is land that can support 10 percent native tree cover and allows for management of forest resources (California Public Resources Code Section 12220(g)); Timberland is land not owned by the federal government or designated as experimental forest land that is available for, and capable of, growing trees to produce lumber and other products, including Christmas trees (California Public Resources Code Section 4526); and Timberland Production is land used for growing and harvesting timber and compatible uses (Government Code Section 51104(g)).
20 California Department of Forestry and Fire Protection. “Fire and Resource Assessment Program.” Accessed October 24, 2022. http://frap.fire.ca.gov/. 21 City of San Bruno. San Bruno General Plan. March 2009. 2023-2031 Housing Element Update 43 Initial Study
City of San Bruno December 2022 (Revised January 2023)

4.2.1.2 Existing Conditions
There is no Prime, Unique, or Farmland of Statewide Importance or forest land (including timberland) within the City of San Bruno.22 As shown in Table 3.2-1, none of the Housing Opportunity Sites are zoned for agricultural or forestry (including timberland) use. All of the Housing Opportunity Sites are designated as “Urban and Built-Up Land” on the San Mateo County Important Farmlands 2018 Map. Common examples of “Urban and Built-Up Land” are residential, institutional, industrial, commercial, landfill, golf course, airports, and other utility uses. None of the Housing Opportunity Sites are under a Williamson Act contract and there are no existing agricultural or forestry resources on or in the vicinity of the sites.

4.2.2 Impact Discussion
Potentially
Significant
Impact
Less than
Significant
with Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
1) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance
(Farmland), as shown on the maps prepared
pursuant to the Farmland Mapping and
Monitoring Program of the California
Resources Agency, to non-agricultural use?
2) Conflict with existing zoning for agricultural
use, or a Williamson Act contract?
3) Conflict with existing zoning for, or cause
rezoning of, forest land (as defined in Public
Resources Code Section 12220(g)), timberland
(as defined by Public Resources Code Section
4526), or timberland zoned Timberland
Production (as defined by Government Code
Section 51104(g))?
4) Result in a loss of forest land or conversion of
forest land to non-forest use?
5) Involve other changes in the existing
environment which, due to their location or
nature, could result in conversion of Farmland
to non-agricultural use or conversion of forest
land to non-forest use?

4.2.2.1 Agricultural and Forestry Analysis
As documented in Section 4.2.1.2, there is no Prime, Unique, or Farmland of Statewide Importance or forest land (including timberland) within the City of San Bruno, and none of the Housing 22 California Department of Conservation. “Farmland Mapping and Monitoring Program.” Accessed October 24, 2022. http://www.conservation.ca.gov/dlrp/fmmp/Pages/Index.aspx. 2023-2031 Housing Element Update 44 Initial Study
City of San Bruno December 2022 (Revised January 2023)
Opportunity Sites are zoned for agricultural or forestry (including timberland) use. Therefore, the Housing Element Update as a whole would have no impact on agricultural or forestry resources. 2023-2031 Housing Element Update 45 Initial Study
City of San Bruno December 2022 (Revised January 2023)

4.3 AIR QUALITY
The following discussion is based, in part, on an Air Quality and Greenhouse Gas Assessment prepared for the Housing Element Update by Illingworth & Rodkin, Inc. A copy of this report, dated September 2022, is attached to this Initial Study as Appendix A.

4.3.1 Environmental Setting

4.3.1.1 Background Information
Criteria Pollutants
Air quality in the Bay Area is assessed related to six common air pollutants (referred to as criteria pollutants), including ground-level ozone (O3), nitrogen oxides (NOx), particulate matter (PM), carbon monoxide (CO), sulfur oxides (SOx), and lead.23 Criteria pollutants are regulated because they result in health effects. An overview of the sources of criteria pollutants and their associated health are summarized in Table 4.3-1. The most commonly regulated criteria pollutants in the Bay Area are discussed further below.

Table 4.3-1: Health Effects of Air Pollutants
Pollutants Sources Primary Effects
Ozone (O3) Atmospheric reaction of organic gases
with nitrogen oxides in sunlight
• Aggravation of respiratory and
cardiovascular diseases
• Irritation of eyes
• Cardiopulmonary function impairment
Nitrogen
Dioxide (NO2)
Motor vehicle exhaust, high
temperature stationary combustion,
atmospheric reactions
• Aggravation of respiratory illness
• Reduced visibility
Fine
Particulate
Matter (PM2.5)
and Coarse
Particulate
Matter (PM10)
Stationary combustion of solid fuels,
construction activities, industrial
processes, atmospheric chemical
reactions
• Reduced lung function, especially in
children
• Aggravation of respiratory and
cardiorespiratory diseases
• Increased cough and chest discomfort
• Reduced visibility
Toxic Air
Contaminants
(TACs)
Cars and trucks, especially dieselfueled; industrial sources, such as chrome platers; dry cleaners and service
stations; building materials and
products
• Cancer
• Chronic eye, lung, or skin irritation
• Neurological and reproductive
disorders
High O3 levels are caused by the cumulative emissions of reactive organic gases (ROG) and NOX.

These precursor pollutants react under certain meteorological conditions to form high O3 levels. 23 The area has attained both state and federal ambient air quality standards for CO. The project does not include substantial new emissions of sulfur dioxide or lead. These criteria pollutants are not discussed further.
2023-2031 Housing Element Update 46 Initial Study
City of San Bruno December 2022 (Revised January 2023)
Controlling the emissions of these precursor pollutants is the focus of the Bay Area’s attempts to reduce O3 levels. The highest O3 levels in the Bay Area occur in the eastern and southern inland valleys that are downwind of air pollutant sources.

PM is a problematic air pollutant of the Bay Area. PM is assessed and measured in terms of respirable particulate matter or particles that have a diameter of 10 micrometers or less (PM10) and fine particulate matter where particles have a diameter of 2.5 micrometers or less (PM2.5). Elevated concentrations of PM10 and PM2.5 are the result of both region-wide emissions and localized emissions.

Toxic Air Contaminants
TACs are a broad class of compounds known to have adverse health effects. They include but are not limited to criteria pollutants. TACs are found in ambient air, especially in urban areas, and are caused by industry, agriculture, diesel fuel combustion, and commercial operations (e.g., dry cleaners).

TACs are typically found in low concentrations, even near their source (e.g., diesel particulate matter [DPM] near a freeway).

Diesel exhaust is the predominant TAC in urban air and is estimated to represent about three-quarters of the cancer risk from TACs. Diesel exhaust is a complex mixture of gases, vapors, and fine particles. Medium- and heavy-duty diesel trucks represent the bulk of DPM emissions from California highways. The majority of DPM is small enough to be inhaled into the lungs. Most inhaled particles are subsequently exhaled, but some deposit on the lung surface or are deposited in the deepest regions of the lungs (most susceptible to injury).24 Chemicals in diesel exhaust, such as benzene and formaldehyde, have been previously identified as TACs by the California Air Resources Board (CARB).

Sensitive Receptors
Some groups of people are more affected by air pollution than others. CARB has identified the following persons who are most likely to be affected by air pollution: children under 16, the elderly over 65, athletes, and people with cardiovascular and chronic respiratory diseases. These groups are classified as sensitive receptors. Locations that may contain a high concentration of these sensitive population groups include residential areas, hospitals, daycare facilities, elder care facilities, and elementary schools.

4.3.1.2 Regulatory Framework
Federal and State
Clean Air Act
At the federal level, the United States Environmental Protection Agency (EPA) is responsible for overseeing implementation of the Clean Air Act and its subsequent amendments. The federal Clean Air Act requires the EPA to set national ambient air quality standards for the six common criteria pollutants (discussed previously), including PM, O3, CO, SOx, NOx, and lead. 24 California Air Resources Board. “Overview: Diesel Exhaust and Health.” Accessed October 24, 2022. https://ww2.arb.ca.gov/resources/overview-diesel-exhaust-and-health. 2023-2031 Housing Element Update 47 Initial Study
City of San Bruno December 2022 (Revised January 2023)
CARB is the state agency that regulates mobile sources throughout the state and oversees implementation of the state air quality laws and regulations, including the California Clean Air Act.

The EPA and the CARB have adopted ambient air quality standards establishing permissible levels of these pollutants to protect public health and the climate. Violations of ambient air quality standards are based on air pollutant monitoring data and are determined for each air pollutant.

Attainment status for a pollutant means that a given air district meets the standard set by the EPA and/or CARB.

Risk Reduction Plan
To address the issue of diesel emissions in the state, CARB developed the Risk Reduction Plan to Reduce Particulate Matter Emissions from Diesel-Fueled Engines and Vehicles. In addition to requiring more stringent emission standards for new on-road and off-road mobile sources and stationary diesel-fueled engines to reduce particulate matter emissions by 90 percent, the plan involves application of emission control strategies to existing diesel vehicles and equipment to reduce DPM (in addition to other pollutants). Implementation of this plan, in conjunction with stringent federal and CARB-adopted emission limits for diesel fueled vehicles and equipment (including off-road equipment), will significantly reduce emissions of DPM and NOX.

Regional
2017 Clean Air Plan
The Bay Area Air Quality Management District (BAAQMD) is the agency primarily responsible for assuring that the federal and state ambient air quality standards are maintained in the San Francisco Bay Area. Regional air quality management districts, such as BAAQMD, must prepare air quality plans specifying how state and federal air quality standards will be met. BAAQMD’s most recently adopted plan is the Bay Area 2017 Clean Air Plan (2017 CAP). The 2017 CAP focuses on two related BAAQMD goals: protecting public health and protecting the climate. To protect public health, the 2017 CAP describes how BAAQMD will continue its progress toward attaining state and federal air quality standards and eliminating health risk disparities from exposure to air pollution among Bay Area communities. To protect the climate, the 2017 CAP includes control measures designed to reduce emissions of greenhouse gases (GHGs) that are potent climate pollutants in the near term, and to decrease emissions of carbon dioxide by reducing fossil fuel combustion.25 CEQA Air Quality Guidelines
The BAAQMD CEQA Air Quality Guidelines are intended to serve as a guide for those who prepare or evaluate air quality impact analyses for projects and plans in the San Francisco Bay Area.

Jurisdictions in the San Francisco Bay Area Air Basin utilize the thresholds and methodology for assessing air quality impacts developed by BAAQMD within their CEQA Air Quality Guidelines.

The guidelines include information on legal requirements, BAAQMD rules, methods of analyzing impacts, and recommended mitigation measures.
25 BAAQMD. Final 2017 Clean Air Plan. April 20, 2017.
2023-2031 Housing Element Update 48 Initial Study
City of San Bruno December 2022 (Revised January 2023)
Local
City of San Bruno General Plan
Various policies in the City’s General Plan have been adopted for the purpose of avoiding or mitigating air quality impacts resulting from planned development within the City, including the following:

Policies Description
ERC-E Contribute to regional attainment by improving ambient air quality levels within San Bruno.

ERC-25 Maintain and improve air quality by requiring project mitigation, such as Transportation Demand Management (TDM) techniques, where air quality impacts are unavoidable.

ERC-26 Require dust abatement actions for all new construction and redevelopment projects.

ERC-28 Incorporate air quality beneficial programs and policies into local planning and development activities, with a particular focus on subdivision, zoning, and site design measures that reduce the number and length of single-occupant automobile trips.

ERC-29 Promote demonstration projects to develop new strategies to reduce motor vehicle emissions.

Projects may include low emission vehicle fleets and LEV refueling infrastructure.

ERC-30 Encourage new residential developments to incorporate measures such as shuttle services to major employment centers, commercial areas and transit areas, and provision of adequate transit facilities.

ERC-31 Prepare a Greenhouse Gas Emissions Reduction Plan, focusing on feasible actions the City can take to minimize the adverse impacts of Plan implementation on climate change and air quality. The Plan will include but will not be limited to:
• An inventory of all known, or reasonably discoverable, sources of greenhouse gases (GHGs) that currently exist in the City and sources that existed in 1990. In determining what is a source of GHG emissions, the City may rely on the definition of “greenhouse gas emissions source” or “source” as defined in section 38505 of the California Global Warming Solutions Act (“AB 32”) or its governing regulations.

The inventory may include estimates of emissions drawing on available information from State and regional air quality boards, supplemented by information obtained by the City.
• A projected inventory of the new GHGs that can reasonably be expected to be emitted in the year 2025 due to the City’s discretionary land use decisions pursuant to the 2025 General Plan Update, as well as new GHGs emitted by the City’s internal government operations. The projected inventories will include estimates, supported by substantial evidence, of future emissions from planned land use and information from state and regional air quality boards and agencies. • A target for the reduction of those sources of future emissions reasonably attributable to the City’s discretionary land use decisions under the 2025 General Plan and the City’s internal government operations, and feasible GHG emission reduction measures whose purpose shall be to meet this reduction target by regulating those 2023-2031 Housing Element Update 49 Initial Study
City of San Bruno December 2022 (Revised January 2023)
Policies Description
sources of GHG emissions reasonably attributable to the City’s discretionary land use decisions and the City’s internal government operations.

ERC-32 Coordinate air quality planning efforts with local, regional, and State agencies. Support the Bay Area Air Quality Management District’s efforts to monitor and control air pollutants from stationary sources.

ERC-33 Require all large construction projects to mitigate diesel exhaust emissions through use of alternate fuels and control devices.

ERC-34 Require that adequate buffer distances be provided between odor sources and sensitive receptors, such as schools, hospitals, and community centers.

LUD-22 Ensure that vehicular, transit, bicycle, and pedestrian access to the city’s regional retail centers is convenient, efficient, and safe. Coordinate transportation improvements with the new San Bruno BART station and SamTrans.

LUD-26 During the Zoning Ordinance Update, create a transit-oriented zoning district surrounding the BART and Caltrain stations, and along the El Camino Real and San Bruno Avenue transit corridor. Within the district, reduce building setbacks, increase development intensities, require pedestrian connections, reduce parking requirements, and consider establishment of minimum development intensities.

PFS-60 Develop and implement a Green Building Design Ordinance and design guidelines for climate- oriented site planning, building design, and landscape design to promote energy efficiency. These standards may include, but are not limited to, the following:
• Require the use of Energy Star® appliances and equipment in new residential and commercial development, and new City facilities;
• Require all new City facilities and new residential development to incorporate green building methods meeting the equivalent of LEED Certified “Silver” rating or better; and
• Require all new residential development to be pre-wired for optional photovoltaic roof energy systems and/or solar water heating.

The Ordinance will allow variances to site or building requirements—building setbacks, lot coverage, and building height—that will enable use of alternative energy sources, such as passive heating and/or cooling.

PFS-61 Require that all new development complies with California’s Energy Efficiency Standards for Residential and Nonresidential Buildings (Title 24, Part 6).

PFS-62 Provide incentives for retrofitting existing homes and businesses for improved energy efficiency, such as passive solar and/or cooling devices.

PFS-63 Require new development to incorporate passive heating and natural lighting strategies if feasible and practical. These strategies should include, but are not limited to, the following:
• Using building orientation, mass and form, including façade, roof, and choice of building materials, color, type of glazing, and insulation to minimize heat loss during winter months and heat gain during the summer months;
• Designing building openings to regulate internal climate and maximize natural lighting, while keeping glare to a minimum; and
• Reducing heat-island effect of large concrete roofs and parking surfaces. 2023-2031 Housing Element Update 50 Initial Study
City of San Bruno December 2022 (Revised January 2023)
Policies Description
PFS-64 Enforce landscape requirements that facilitate efficient energy use or conservation, such as drought-resistant landscaping and/or deciduous trees along southern exposures.

PFS-65 Require developers and builders to distribute information regarding energy efficiency (such as the Home Energy Guide available from the California Energy Commission) to all new homeowners.

PFS-66 Initiate a marketing campaign where energy efficiency information is distributed to all City employees and residents. Provide information on how, what type, and where to plant trees to reduce energy demand. Make such information available at all public locations such as City Hall and the Public Library.

PFS-67 Offer incentives (such as expedited permit processing, density bonuses, site variances) to support implementation of photovoltaic and other renewable energy technologies that provide a portion of the City’s energy needs, or for projects that result in energy savings of at least 20-percent when compared to the energy consumption that would occur under similar projects built to meet the minimum standards of the energy code.

PFS-68 Facilitate environmentally sensitive construction practices by:
• Restricting use of chlorofluorocarbons (CFCs), hydrochlorofluorocarbons (HCFCs) and halons in mechanical equipment and building materials; • Promoting use of products that are durable and allow efficient end-of-life disposal (e.g. reusable, recyclable, biodegradable);
• Promoting the purchase of locally or regionally available materials; and • Promoting the use of cost-effective design and construction strategies that reduce resource and environmental impacts.

T-1 Develop incentives for San Bruno government and private employers to institute staggered working hours, compressed work week, homebased telecommuting, carpooling, use of transit, alternative fuel vehicles, and bicycling to employment centers to reduce vehicle miles traveled and the associated traffic congestion and air pollution.

T-3 Encourage provision of bicycle facilities such as weather protected bicycle parking, direct and safe access for pedestrians and bicyclists to adjacent bicycle routes and transit stations, showers, and lockers for employees at the worksite, secure short-term parking for bicycle.

T-4 Encourage major employers of the city to provide shuttle service for employees from worksite to food service establishments, commercial areas, and transit stations, to reduce the number of automobile trips.

T-5 Provide assistance to regional and local ridesharing organizations; advocate legislation to maintain and expand incentives (e.g., tax deductions/credits).

T-20 Study the potential benefit of implementing High Occupancy Vehicle (HOV) and carpool lane along major arterials.

T-40 Consider reduced parking standards within transit corridors and station areas in recognition of their proximity to high frequency transit service, mix of land uses, and walkable environment.

T-42 Do not allow parking lots to dominate the frontage of mixed-use streets, interrupt pedestrian routes, or negatively impact surrounding neighborhoods. 2023-2031 Housing Element Update 51 Initial Study
City of San Bruno December 2022 (Revised January 2023)
Policies Description
T-48 Incorporate a dedicated pedestrian crossing and flashing street markers at the new four-way signal installed on El Camino Real connecting The Crossing with The Shops at Tanforan and the San Bruno BART station.

T-50 Consider developing a shuttle service to provide reliable, consistent, and convenient access between the BART and Caltrain stations and other destinations within the city, including Bayhill Office Park, Skyline College, Downtown, schools and neighborhoods in the western and southern portions of the city.

T-53 Coordinate with the Peninsula Corridor Joint Powers Board to ensure design of the planned San Bruno Avenue Caltrain Station (and Grade Separation Project) that will accommodate such regional transit improvements.

T-57 Work with SamTrans to schedule the routing of public transit in San Bruno so that a majority of residents are within walking distance of transit stops.

T-59 Encourage SamTrans to configure bus transit service to serve connections with other transit systems (BART, Caltrain, SFO, and other bus lines).

T-62 Seek community input in establishing transit routes and schedules.

T-64 Work with SamTrans to plan the local system with built-in flexibility for increases in service in accordance with increases in demand. Coordinate with local school districts on possible joint transit usage.

T-66 Design arterial and collector streets to facilitate safe pedestrian crossings to transit stops.

Provide crosswalks at all signalized arterial intersections.

T-69 Continue to work toward dedication and/or installation of bicycle lanes throughout the city in accordance with Figure 4-4, to enhance recreational opportunities and make bicycling a more viable transportation alternative. Implement bicycle route improvements including signing, striping, paving, and provision of bicycle facilities at employment sites, shopping centers, schools, and public facilities.

T-71 Provide bicycle parking facilities in Downtown, Bayhill Office Park, BART and Caltrain Stations, The Shops at Tanforan and Towne Center, parks, schools, and other key destinations. Review bicycle standards as part of the Zoning Ordinance Update.

T-72 Identify and mark safe bicycle routes providing connections between the BART and Caltrain stations, and the following regional trail networks:
• Bay Ridge Trail
• Sweeney Ridge Trail
• Bay Trail
• San Andreas Trail
• Sawyer Camp Trail
T-73 Coordinate with the Bicycle and Pedestrian Committee to promote safe cycling programs, sponsored rides, and other community outreach programs geared toward cyclists.

T-75 Link sidewalks directly to building entrances. Avoid routes through parking lots or at the rear of residential developments.

T-77 T-77 Create a pedestrian-oriented setting along the Pedestrian Emphasis Zones (refer to Figure 4-6 in the San Bruno General Plan) through potential construction of the following public improvements:
2023-2031 Housing Element Update 52 Initial Study
City of San Bruno December 2022 (Revised January 2023)
Policies Description
• Brick pavers to make sidewalks look more distinct;
• Street trees to soften the environment and provide color and shade; • Human-scale street lights for enhanced aesthetics and illumination; • Banners and flags to make the area look more festive and cheerful; and • Benches to give people a place to sit, rest, and watch what goes on around them.

T-78 Allow new development to contribute to the Pedestrian Emphasis Zones (refer to Figure 4-6 in the San Bruno General Plan) through construction of off-site improvements.

T-79 Prioritize improvements to sidewalks and other walking paths adjacent to public school facilities where children and youth are likely to use them on a daily basis.

T-80 Install safety improvements for pedestrian crossings along El Camino Real. Such improvements may include bulb-outs at the corners, crossing medians, and signal synchronization.

Transit Corridors Plan
As noted in Section 3.1.1.1, Housing Opportunity Sites 1, 2, 4, 5, 7, 9, 11, 12, 15, 17, 20, 21, 22, and 23 are located within the TCP area. Chapter Seven of the TCP includes the following policies designed to reduce emissions associated with vehicle traffic.

Policies Description
Trans-F Develop and implement a Transportation Demand Management (TDM) Program that reduces the amount of peak period motor vehicle traffic and encourages the use of modes other than the single-occupant vehicle.

Trans B-1 Provide a local circulator shuttle service between the Downtown, BART station, and Caltrain station, with potential stops at the San Francisco International Airport Trans C-2 Provide a network of bicycle priority streets that provide linkages throughout the Plan area. As appropriate, bicycle priority streets should provide traffic-calming measures to limit vehicle travel and speeds.

Trans C-4 Implement a citywide bicycle parking ordinance that specifies bicycle parking, locker, and shower requirements.

Policy 6-9
Policy 6-9 requires projects during construction to use tier 4 equipment on off-road equipment meeting certain parameters, diesel trucks model 2010 or later, renewable diesel, low volatile organic compounds (VOC) coatings, portable electrical equipment given certain conditions are met, and implementation of fugitive dust best management practices. 2023-2031 Housing Element Update 53 Initial Study
City of San Bruno December 2022 (Revised January 2023)
Policy 6-10
Policy 6-10 requires projects that exceed BAAQMD criteria air pollutant emissions screening criteria and thresholds of significance to pay for criteria air pollutant emission offsets.

Policy 6-11
Policy 6-11 requires residential and childcare projects to install high-efficiency filters and mitigate health risk impacts to the extent feasible.

Policy 6-13
Policy 6-13 requires projects to reduce air pollutant emissions generated during operation of future developments to be mitigated through the use of best practices, such as using low-emission generators, develop and adhere to loading plans that minimized truck idling, use green commercial products, and use all-electric landscaping equipment when feasible.

4.3.1.3 Existing Conditions
The Bay Area is considered a non-attainment area for ground-level O3 and PM2.5 under both the federal Clean Air Act and state Clean Air Act. The area is also considered nonattainment for PM10 under the state act, but not the federal act. The area has attained both state and federal ambient air quality standards for CO. As part of an effort to attain and maintain ambient air quality standards for O3 and PM10, BAAQMD has established thresholds of significance for these air pollutants and their precursors. These thresholds are for O3 precursor pollutants (ROG and NOX), PM10, and PM2.5, and apply to both construction period and operational period impacts.

4.3.2 Impact Discussion
Potentially
Significant
Impact
Less than
Significant
with Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
1) Conflict with or obstruct implementation of
the applicable air quality plan?
2) Result in a cumulatively considerable net
increase of any criteria pollutant for which the
project region is non-attainment under an
applicable federal or state ambient air quality
standard?
3) Expose sensitive receptors to substantial
pollutant concentrations?
4) Result in other emissions (such as those
leading to odors) adversely affecting a
substantial number of people?

4.3.2.1 Thresholds of Significance
Plan-level impacts to air quality associated with buildout of the General Plan, TCP, and Bayhill Specific Plan were previously evaluated in their respective EIRs. However, since air quality impacts 2023-2031 Housing Element Update 54 Initial Study
City of San Bruno December 2022 (Revised January 2023)
are not localized, it is necessary to evaluate the cumulative air quality impacts of the Housing Element as a whole. Accordingly, the discussion under Impact AIR-1 evaluates whether the Housing Element would conflict with the control strategy measures provided in the applicable air quality plan (the 2017 Clean Air Plan – refer to Section 4.3.1.1). Further, no individual project is sufficient in size to, by itself, result in the non-attainment of ambient air quality standards, and criteria air pollutant emissions contribute to regional emissions of such pollutants. Therefore, impacts associated with criteria air pollutant emissions are, by their nature, cumulative and must be evaluated accordingly.

For this reason, the discussion presented under Impact AIR-2 below evaluates whether buildout of all Housing Opportunity Sites at the densities assumed by the Housing Element Update would result in a cumulatively considerable net increase of ROG, NOX, PM10, and PM2.5 emissions using the planlevel thresholds provided in the BAAQMD CEQA Air Quality Guidelines. Additionally, consistent with the plan-level thresholds provided in the BAAQMD CEQA Air Quality Guidelines (refer to Section 4.3.1.1), this Initial Study evaluates whether the Housing Element as a whole would expose sensitive receptors to substantial pollutant concentrations (see Impact AIR-3) or result in odors that would adversely affect a substantial number of people. The BAAQMD plan-level thresholds are shown below in Table 4.3-2.
2023-2031 Housing Element Update 55 Initial Study
City of San Bruno December 2022 (Revised January 2023)
Table 4.3-2: BAAQMD Plan-Level Air Quality Significance Thresholds1 Impact Threshold of Significance
Criteria Air Pollutant and Precursor Emissions 1. Consistency with Current Air Quality Plan control measures

2. Projected vehicle miles traveled (VMT) or
vehicle trip increase is less than or equal to
projected population increase
Health Risks Land use diagram identifies special overlay zones around existing and planned sources of
TACs and PM2.5, including special overlay
zones of at least 500 feet (or Air Districtapproved modeled distance) on each side of all freeways and high-volume roadways, and
plan identifies goals, policies, and objectives
to minimize potentially adverse impacts. For
this analysis – overlay zones are based on
potential for sources to result in the following
impacts:

1. Excess cancer risk >10.0 chances per
million

2. Annual PM2.5 Concentration > 0.3 µg/m3

3. Hazard Index >1.0
Odors Identify the location, and include policies to
reduce the impacts, of existing or planned
sources of odors
1 Bay Area Air Quality Management District. California Environmental Quality Act Air Quality Guidelines.

May 2017.

For informational purposes only, the BAAQMD project-level thresholds that would be applied to future individual projects are shown in Table 4.3-3.

Table 4.3-3: BAAQMD Project-Level Air Quality Significance Thresholds1 Pollutant
Construction
Thresholds Operation Thresholds
Average Daily
Emissions
(pounds/day)
Annual Daily
Emissions
(pounds/year)
Annual Average
Emissions (tons/year)
Criteria Air Pollutants
ROG, NOx 54 54 10
PM10 82 (exhaust) 82 15
PM2.5 54 (exhaust) 54 10
2023-2031 Housing Element Update 56 Initial Study
City of San Bruno December 2022 (Revised January 2023)
Table 4.3-3: BAAQMD Project-Level Air Quality Significance Thresholds1 Pollutant
Construction
Thresholds Operation Thresholds
Average Daily
Emissions
(pounds/day)
Annual Daily
Emissions
(pounds/year)
Annual Average
Emissions (tons/year)
CO Not Applicable 9.0 ppm (eight-hour) or 20.0 ppm (one-hour) Fugitive Dust
Dust Control
Measures/Best
Management Practices
Not Applicable
Health Risks and Hazards for New Sources (within a 1,000-foot Zone of Influence) Health Hazard Single Source Combined Cumulative Sources Excess Cancer Risk 10 per one million 100 per one million Hazard Index 1.0 10.0
Incremental Annual PM2.5 0.3 µg/m3 0.8 μg/m3 (average)
1 Bay Area Air Quality Management District. California Environmental Quality Act Air Quality Guidelines. May 2017.

Impact AIR-1: The project would not conflict with or obstruct implementation of the applicable air quality plan. (Less than Significant Impact) As discussed in Section 4.3.1.1, the applicable air quality plan is the 2017 CAP. A project is considered consistent with the 2017 CAP if, a) the plan supports the primary goals of the 2017 CAP; b) includes relevant control measures; and c) does not interfere with implementation of 2017 CAP control measures.26
The goals of the 2017 CAP are to 1) protect public health by progressing towards the attainment of air quality standards and eliminating health risks, and 2) protect the climate. As discussed under Impact AIR-2, the Housing Element, when considered at a program or plan level, would not result in a cumulatively considerable net increase of any criteria pollutant for which the project region is nonattainment. As discussed under Impact AIR-3, the project would not expose sensitive receptors to substantial pollutant concentrations. As discussed in Section 4.8 Greenhouse Gas Emissions under Impact GHG-1 and Impact GHG-2, the project would not generate GHG emissions that would have a significant impact on the environment, nor would it conflict with any plan, policy, or regulation adopted for the purpose of reducing GHGs. Therefore, the project would support the primary goals of the 2017 CAP. Additionally, General Plan policies (refer to Section 4.3.1.2 and the consistency analysis in Table 4.3-4) and mitigation measures MM AIR-3.1, MM AIR-3.2, MM GHG-1.1, and MM GHG-1.2 would require future residential development under the Housing Element Update to implement relevant control measures for controlling criteria air pollutant and GHG emissions and to 26 Bay Area Air Quality Management District. California Environmental Quality Act Air Quality Guidelines. May 2017.
2023-2031 Housing Element Update 57 Initial Study
City of San Bruno December 2022 (Revised January 2023)
ensure that sensitive receptors are not exposed to substantial pollutant concentrations. Therefore, the project includes relevant control measures. Further, as documented in Table 4.3-4, the project is consistent with all of the control measures provided in the 2017 CAP.

Table 4.3-4: 2017 Clean Air Plan Control Measures Consistency Analysis Applicable Control Strategy Measure Consistency Analysis Transportation Control Measures
TR1: Clean Air Teleworking Initiative:

Develop teleworking best practices for
employers and develop additional strategies to
promote telecommuting. Promote teleworking
on Spare the Air Days.

Implementation of the Housing Element
Update would not inhibit teleworking. Future
residents would benefit from incentives for
public and private employers to offer
telecommuting opportunities provided under
General Plan Policy T-1 (refer to Section

4.3.1.2). (Consistent)
TR2: Trip Reduction Programs:

Implement the regional Commuter Benefits
Program (rule 14-1) that requires employers
with 50 or more Bay Area employees to
provide commuter benefits. Encourage trip
reduction policies and programs in local
plans, e.g., general and specific plans while
providing grants to support trip reduction
efforts. encourage local governments to
require mitigation of vehicle travel as part of
new development approval, to adopt transit
benefits ordinances in order to reduce transit
costs to employees, and to develop innovative
ways to encourage rideshare, transit, cycling,
and walking for work trips. Fund various
employer-based trip reduction programs.

Implementation of the Housing Element
would not result in employment generating
uses or conflict with the Commute Benefits
Program. General Plan policies T-1, T-3, T-4,
T-5, T-20, T-57, and T-69 (refer to Section

4.3.1.2) encourage trip reduction policies and
programs. (Consistent)
TR 5: Transit Efficiency and Use:

Improve transit efficiency and make transit
more convenient for riders through continued
operation of 511 Transit, full implementation
of Clipper® fare payment system and the
Transit Hub Signage Program.

Control measure TR-5 is a regionally
implemented measure, and General Plan
policies T-1, T-4, T-50, T-53, T-57, T-59, T62, and T-64 (refer to Section 4.3.1.2) support transit efficiency and use. Pursuant to the
discussion in Section 4.17 Transportation
under Impact TRN-1, the project would not
conflict with any program, plan, ordinance, or
policy addressing transit facilities.
(Consistent)
TR7: Safe Routes to Schools and Safe Routes to
Transit:

Provide funds for the regional Safe Routes to
School and Safe Routes to Transit Programs.

Implementation of the Housing Element would
not conflict with the Safe Routes to School or
Transit Programs, and General Plan policies T21, T-42, T-48, T-57, T-64, T-66, T-69. T-78, 2023-2031 Housing Element Update 58 Initial Study
City of San Bruno December 2022 (Revised January 2023)
Table 4.3-4: 2017 Clean Air Plan Control Measures Consistency Analysis Applicable Control Strategy Measure Consistency Analysis and T-79 (refer to Section 4.3.1.2) support
these programs. Pursuant to the discussion in
Section 4.17 Transportation under Impact
TRN-1, the project would not conflict with any
program, plan, ordinance, or policy addressing
transit facilities. (Consistent)
TR8: Ridesharing, Last-Mile Connection:

Promote carpooling and vanpooling by
providing funding to continue regional and
local ridesharing programs, and support the
expansion of carsharing programs. Provide
incentive funding for pilot projects to evaluate
the feasibility and cost-effectiveness of
innovative ridesharing and other last-mile
solution trip reduction strategies. Encourage
employers to promote ridesharing and
carsharing to their employees.

Implementation of the Housing Element would
not result in employment generating uses, and
General Plan policies T-1, T-4, T-5, T-20, T50, T-57, T-62, and T-64 (refer to Section

4.3.1.2) would support ridesharing and
improve first- and last-mile connections.
(Consistent)
TR9: Bicycle and Pedestrian Access and
Facilities:

Encourage planning for bicycle and pedestrian
facilities in local plans, e.g., general and
specific plans, fund bike lanes, routes, paths
and bicycle parking facilities.

Pursuant to the discussion in Section 4.17.1
Transportation under Impact TRN-1,
implementation of the Housing Element
Update would not conflict with any program,
plan, ordinance, or policy addressing bicycle or
pedestrian facilities. Further, General Plan
policies T-3, T-69, T-71, T-72, T-73, T-75, T77, T-78, and T-80 (refer to Section 4.3.1.2) support the creation and maintenance of new
and existing bicycle and pedestrian facilities.
(Consistent)
TR10: Land Use Strategies:

Support implementation of Plan Bay Area,
maintain and disseminate information on
current climate action plans and other local
best practices, and collaborate with regional
partners to identify innovative funding
mechanisms to help local governments
address air quality and climate change in their
general plans.

As discussed in Section 4.11 Land Use and
Planning and Section 4.14 Population and
Housing, the Housing Element Update
addresses the City’s regional housing needs
allocation upon which Plan Bay Area 2050 is
based; therefore, the project directly supports
implementation of Plan Bay Area 2050.

Further, General Plan policies LUD-9, LUD22, LUD-23, LUD-26, T-81, and T-83 (refer to Section 4.3.1.2) further support
implementation of Plan Bay Area 2050.
(Consistent)
2023-2031 Housing Element Update 59 Initial Study
City of San Bruno December 2022 (Revised January 2023)
Table 4.3-4: 2017 Clean Air Plan Control Measures Consistency Analysis Applicable Control Strategy Measure Consistency Analysis TR13: Parking Policies:

Encourage parking policies and programs in
local plans, e.g., reduce minimum parking
requirements; limit the supply of off-street
parking in transit-oriented areas; unbundle the
price of parking spaces; support
implementation of demand-based pricing
(such as “SF Park”) in high-traffic areas.

The Housing Element Update does not include
any parking policies or programs that would
conflict with Measure TR13. Further, General
Plan policies LUD-8, LUD-19, T-23, T-34, T38, and T-40 (refer to Section 4.3.1.2) support parking policies that encourage use of
alternative modes of transportation.
(Consistent)
Building Control Measures
BL1: Green Buildings:

Collaborate with partners such as KyotoUSA
to identify energy-related improvements and
opportunities for onsite renewable energy
systems in school districts; investigate
funding strategies to implement upgrades.

Identify barriers to effective local
implementation of the CALGreen (Title 24)
statewide building energy code; develop
solutions to improve
implementation/enforcement. Work with
ABAG’s BayREN program to make
additional funding available for energyrelated projects in the buildings sector.

Engage with additional partners to target
reducing emissions from specific types of
buildings.

As discussed in Section 4.6 Energy, the
Housing Element Update would not result in
wasteful, inefficient, or unnecessary
consumption of energy resources, or conflict
with or obstruct any renewable energy or
energy efficiency plans. Proposed Housing
Element Program 7-A would adopt a local
ordinance which requires more stringent
building standards and Electric Vehicle (EV)
parking spaces than those imposed at the state
level through Title 24 of the California Energy
Code. Future development under the Housing
Element would be constructed at minimum in
accordance with Title 24 requirements.

Further, General Plan policies PFS-62, PFS-63,
and PFS 64 (refer to Section 4.3.1.2) support
the construction of green buildings.
(Consistent)
BL2: Decarbonize Buildings:

Explore potential Air District rulemaking
options regarding the sale of fossil fuel-based
space and water heating systems for both
residential and commercial use. Explore
incentives for property owners to replace their
furnace, water heater or natural-gas powered
appliances with zero-carbon alternatives.

Update Air District guidance documents to
recommend that commercial and multi-family
developments install ground source heat
pumps and solar hot water heaters.

As discussed in Section 4.8 Greenhouse Gas
Emission under Impact GHG-2, future
residential development under the Housing
Element Update would be required to be fully
electric. Further, General Plan policies PFS-64,
PFS-68, and PFS-69 (refer to Section 4.3.1.2)
support building and landscaping
decarbonization. Accordingly, implementation
of the Housing Element Update would support
the decarbonization of buildings. (Consistent)
BL4: Urban Heat Island Mitigation:

Develop and urge adoption of a model
ordinance for “cool parking” that promotes
Implementation of the Housing Element
Update is anticipated to replace existing nonresidential uses with substantial amounts of 2023-2031 Housing Element Update 60 Initial Study
City of San Bruno December 2022 (Revised January 2023)
Table 4.3-4: 2017 Clean Air Plan Control Measures Consistency Analysis Applicable Control Strategy Measure Consistency Analysis the use of cool surface treatments for new
parking facilities, as well existing surface lots
undergoing resurfacing. Develop and promote
adoption of model building code requirements
for new construction or re-roofing/roofing
upgrades for commercial and residential
multi-family housing. Collaborate with expert
partners to perform outreach to cities and
counties to make them aware of cool roofing
and cool paving techniques, and of new tools
available.
surface parking in favor of underground or
podium garages; therefore, the Housing
Element Update is anticipated to reduce the
urban heat island effect. Further, General Plan
policies PFS-65, PFS-66, and T-40 (refer to
Section 4.3.1.2) would support the reduction of
urban heat island effects through building and
landscaping design. (Consistent)
Natural and Working Lands Measures
NW2: Urban Tree Planting:

Develop or identify an existing model
municipal tree planting ordinance and
encourage local governments to adopt such an
ordinance. Include tree planting
recommendations the Air District’s technical
guidance, best practices for local plans and
CEQA review.

As discussed in Section 4.4 Biological
Resources under Impact BIO-5, future
development under the Housing Element
Update would be required to obtain Heritage
Tree and Street Tree removal permits as
required by the City’s Municipal Code, and
conform with the replacement requirements
outlined in San Bruno Municipal Code sections

8.24.090 and 8.25.050. Further, General Plan
policies PFS-66 and PFS-68 (refer to Section

4.3.1.2) support urban tree planting.
(Consistent)
Waste Management Measures
WA4: Recycling and Waste Reduction:

Develop or identify and promote model
ordinances on community-wide zero waste
goals and recycling of construction and
demolition materials in commercial and
public construction projects.

Future construction under the Housing
Element Update would be required by
Assembly Bill 939 to divert 75 percent of solid
waste generated. Further, General Plan policies
ERC-19, ERC-20, PFS-22, PFS-23, PFS-24,
and PFS-25 (refer to Section 4.3.1.2) support
Measure WA4. (Consistent)
Water Measures
WR2: Support Water Conservation:

Develop a list of best practices that reduce
water consumption and increase on-site water
recycling in new and existing buildings;
incorporate into local planning guidance.

As discussed in Section 4.19 Utilities under
Impact UTL-2, sufficient water supplies are
available to serve future development under
the Housing Element Update. Further, General
Plan policies ERC-24, PFS-12, PFS-13, PFS14, PFS-18, and PFS-19 (refer to Section

4.3.1.2) support water conservation.
(Consistent)
2023-2031 Housing Element Update 61 Initial Study
City of San Bruno December 2022 (Revised January 2023)
For the reasons outlined above, the Housing Element Update would not conflict with or obstruct implementation of the applicable air quality plan.

Impact AIR-2: The project would not result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard. (Less than Significant Impact)
As discussed in Section 4.3.1.3, the Bay Area is considered a non-attainment area for ground-level ozone and PM2.5 under both the Federal Clean Air Act and the California Clean Air Act. The area is also considered non-attainment for PM10 under the California Clean Air Act, but not the federal act.

The area has attained both state and federal ambient air quality standards for carbon monoxide. As part of an effort to attain and maintain ambient air quality standards for ozone and particulate matter (i.e., PM2.5 and PM10), BAAQMD has established plan- and project-level thresholds of significance for these air pollutants and their precursors. These thresholds are for ozone precursor pollutants (ROG and NOx), PM10, and PM2.5 and apply to both construction period and operational period impacts for projects.

Pursuant to the plan-level thresholds of significance for criteria air pollutant emissions and their precursors shown in Table 4.3-2, plans that are 1) inconsistent with the control measures provided in the 2017 CAP, or 2) would increase VMT at a rate that would exceed the rate of population increase, are considered to have a significant and unavoidable criteria air pollutant emissions impact. As documented under Impact AIR-1, the Housing Element Update would be consistent with the 2017 CAP. Further, as shown in Table 4.3-5, buildout of the Housing Element would increase VMT by

16.1 percent (and reduce VMT by .07 per capita) and increase population by 16.8 percent (and increase the population by 7,150 residents), and therefore the increase in VMT would not exceed the increase in population as a result of the project.[27][28] Table 4.3-5: VMT and Population Comparison
Scenario (Year) Population1 Daily Trips2 Daily VMT2 VMT per capita2
Existing Conditions (2022) 42,656 -- 516,991 12.12
Existing plus Housing
Element Update (2031) 49,806 14,451 600,421 12.05
27 The Housing Element results in 9,552 residents when considering approved pipeline units and ADUs, however the VMT and population comparison considers the 23 Housing Opportunity Sites, and does not factor in pipeline units, since these have already undergone project-level analysis of their criteria air pollutant emissions in comparison with project- and cumulative-level thresholds, or ADUs since their future location is not reasonably foreseeable and as such the VMT associated with these units cannot be estimated. 28 After completion of the analysis presented in this Initial Study, the number of units assumed at Sites 8 and 21 increased by one unit each, the number of units assumed at Site 22 decreased by one unit, and the number of pipeline units decreased by one unit, resulting in a net increase of one unit and two residents assumed at the Housing Opportunity Sites (2,708 units versus 2,709 units, 7,150 residents versus 7,152 residents) and no increase in the total number of units and residents assumed for the Housing Element Update as a whole (3,618 units and 9,552 residents total). This change would not affect any of the conclusions presented herein this Initial Study. 2023-2031 Housing Element Update 62 Initial Study
City of San Bruno December 2022 (Revised January 2023)
Net Change +7,1503 +14,451 +83,430 -0.07
Source: Illingworth & Rodkin, Inc. San Bruno 2023-2031 Housing Element Update Air Quality & Greenhouse Gas Assessment. September 14, 2022.

Notes:
1 Refer to Section 4.14 of this Initial Study.
2 Source: Hexagon Transportation Consultants, Inc. Refer to Section 4.17 of this Initial Study. 3 After completion of the analysis presented in this Initial Study, the number of units assumed at Sites 8 and 21 increased by one unit each, the number of units assumed at Site 22 decreased by one unit, and the number of pipeline units decreased by one unit, resulting in a net increase of one unit and two residents assumed at the Housing Opportunity Sites (2,708 units versus 2,709 units, 7,150 residents versus 7,152 residents) and no increase in the total number of units and residents assumed for the Housing Element Update as a whole (3,618 units and 9,552 residents total). This change would not affect any of the conclusions presented herein this Initial Study.

For the reasons outlined above, implementation of the Housing Element would not result in a cumulatively considerable net increase of any criteria pollutant for which the project region is nonattainment under an applicable federal or state ambient air quality standard.

Impact AIR-3: The project would not expose sensitive receptors to substantial pollutant concentrations. (Less than Significant Impact with Mitigation Incorporated)
Community Health Risk
As discussed under Impact AIR-1, one of the goals of the 2017 CAP is to eliminate health risks associated with substantial pollutant concentrations. Project impacts related to increased community health risk can occur either by introducing a new source of TACs with the potential to adversely affect existing sensitive receptors in the project vicinity or by significantly exacerbating existing cumulative TAC impacts.

Per BAAQMD guidance, only sensitive receptors within 1,000 feet of TAC sources are at risk of health risk impacts associated with new development. All of the proposed Housing Opportunity Sites are located within 1,000 feet of residential uses, and as shown on Figure 4.3-1, in proximity to highways/freeways, high-volume roadways, and stationary sources of air pollutants and TACs.

Source: Illingworth & Rodkin, Inc., 2022.

Legend
San Bruno Housing Key Sites
Permitted Stationary Sources
Caltrain
Busy Roadways
Highways
San Bruno City Limits
35 82
82 101
280
280
380
HOUSING OPPORTUNITY SITES AND TAC SOURCES FIGURE 4.3-1
City of San Bruno2023-2031 Housing Element Update 63 Initial Study December 2022 (Revised January 2023)
2023-2031 Housing Element Update 64 Initial Study
City of San Bruno December 2022 (Revised January 2023)
Consistent with the BAAQMD-plan level thresholds, Housing Opportunity Sites located within overlay zones of existing air pollutant and TAC sources are identified in Table 4.3-6.

Table 4.3-6: Screening Distances from Existing Air Pollutant and TAC Sources1 Distance to Screening Threshold
Source
Cancer
Risk
Hazard
Index
Annual
PM2.5
Potentially Affected
Housing Opportunity
Sites
Roadway: Interstate
280
300 ft west -- 300 ft west
3, 6 1,000 ft east -- 1,200 ft east
Roadway: Interstate
380
500 ft north -- 400 ft north
3, 6, 13, 14, 18, 19, 20
1,400 ft south -- 1,000 ft
south
Roadway: El
Camino Real 300 ft -- 300 ft
1, 2, 4, 5, 7, 9, 10, 11,
12, 14, 16, 17, 18, 19,
20, 22, 23
Roadway: Sneath
Lane 100 ft -- 100 ft 6, 14, 19
Roadway: San
Bruno Ave 150 ft -- 150 ft 1, 3, 12, 13, 15, 21
Railroad: Caltrain
500 ft west -- -- 14, 15, 21
3,600 ft east -- --
Stationary: #18040
The Shops at
Tanforan–
Generators
100 ft -- -- 14
Stationary: #200385
SF Police Credit
Union– Generators
130 ft -- -- 3, 13
Stationary: #103134
San Bruno Kwik
Serv – GDF
230 ft -- 0 3
Stationary: #109025
Tanforan Shell– GDF 140 ft -- 0 14, 18, 19
Stationary: #110666
ARCO Facility
#00743 – GDF
125 ft -- 0 10, 16
Stationary: #110761
Rollingwood
Chevron – GDF
175 ft -- 0 6
Stationary: #111596
Unocal #0109 – GDF 160 ft -- 0 2, 5, 23
2023-2031 Housing Element Update 65 Initial Study
City of San Bruno December 2022 (Revised January 2023)
Table 4.3-6: Screening Distances from Existing Air Pollutant and TAC Sources1 Distance to Screening Threshold
Source
Cancer
Risk
Hazard
Index
Annual
PM2.5
Potentially Affected
Housing Opportunity
Sites
Stationary: #112375
Rollingwood 76 -
Sahbhagi Corp –
GDF
100 ft -- 0 6
Stationary: #112418
San Bruno Shell –
GDF
190 ft -- 0 1, 12
Source: Illingworth & Rodkin, Inc. San Bruno 2023-2031 Housing Element Update Air Quality & Greenhouse Gas Assessment. September 14, 2022.

Notes:
1 Only existing sources of air pollutants and TAC sources that present potential health risk issues at the proposed Housing Opportunity Sites are reported in this table; a full list of air pollutant and TAC sources is provided in Table 7 of Appendix A.

Community Health Risk from Construction
Construction equipment and associated heavy-duty truck traffic generates DPM, which is a known TAC. The primary community risk impact issues associated with construction emissions are cancer risk and exposure to PM2.5. DPM poses both a potential health and nuisance impact to nearby receptors.

TACs generated during construction of future development under the Housing Element Update could combine with the TAC sources shown in Figure 4.3-1 and expose existing sensitive receptors to substantial pollutant concentrations. General Plan Policy ERC-33, which requires all large construction projects to mitigate diesel exhaust emissions through use of alternate fuels and control devices, would support the 2017 CAP goal of reducing and eliminating health risks associated with future construction completed under the Housing Element Update. General Plan policies ERC-25, ERC-26, ERC-28, and ERC-30 (see discussion below under Community Health Risk from Operation and Fugitive Dust) would further support achievement of this goal by reducing cumulative health risks, including construction health risks, associated with implementation of the Housing Element Update. However, since (at this time) specific construction plans and schedules for future development under the project are not known, it is not possible to quantify the individual and cumulative impacts associated with future development. Therefore, in order to determine whether future construction could result in individually or cumulatively significant impacts, health risk assessments, consistent with policy ERC-33, would need to be prepared for each individual project completed under the Housing Element Update.
2023-2031 Housing Element Update 66 Initial Study
City of San Bruno December 2022 (Revised January 2023)
Mitigation Measures:

MM AIR-3.1: Prior to approval, the 2023-2031 Housing Element shall include a policy requiring future development at all Housing Opportunity Sites to implement the following measures during demolition and construction:
a. Use Tier 4 engines for all off-road equipment greater than 50 horsepower (hp) and operating for more than 20 total hours over the entire duration of construction activities.
b. Use diesel trucks with 2010 or later compliant model year engines during construction.
c. Use renewable diesel during construction.
d. Use low-VOC coatings during construction.
e. Implement BAAQMD best management practices and if necessary, enhanced measures recommended by BAAQMD.
f. Use portable electrical equipment where commercially available and practicable to complete construction. Construction contractors shall utilize electrical grid power instead of diesel generators when (1) grid power is available at the construction site; (2) when construction of temporary power lines are not necessary in order to provide power to portions of the site distant from existing utility lines; (3) when use of portable extension lines is practicable given construction safety and operational limitations; and (4) when use of electrical grid power does not compromise construction schedules.

Consistent with BAAQMD plan-level thresholds of significance for health risks, this Initial Study has identified overlay zones for sources of air pollutants and TACs, and goals, policies and objectives to minimize potentially adverse impacts associated with future construction activities. Therefore, community health risk associated with construction of future development under the Housing Element Update would not expose sensitive receptors to substantial pollutant concentrations. (Less than Significant Impact with Mitigation Incorporated)
2023-2031 Housing Element Update 67 Initial Study
City of San Bruno December 2022 (Revised January 2023)
Community Health Risk from Operation
Implementation of the Housing Element Update would result in the Housing Opportunity Sites identified in Table 3.2-1 being redeveloped with new or higher density residential uses. Residential uses primarily generate light-duty vehicle traffic (i.e., gasoline- or electric-powered) as opposed to other types of land uses (e.g., distribution centers, quarries, manufacturing facilities, etc.) that generate heavy-duty vehicle traffic (i.e., diesel-powered) that are the primary source of trafficgenerated TAC impacts.

Pursuant to BAAQMD guidance, roadways with less than 10,000 average daily trips (ADT) are considered a low-impact source of TACs.29 Conservatively, without factoring in the net difference in trips generated by existing uses present at the Housing Opportunity Sites, implementation of the Housing Element Update on the 23 Housing Opportunity Sites is projected to result in 14,451 ADT.
30 Based on the total number of trips and projected number of trips that would be added to major roadway segments at AM and PM peak hours, and the distribution of the Housing Opportunity Sites and associated distribution of trips, the project is not anticipated to cause any roadways not already in excess of 10,000 ADT to exceed 10,000 ADT. As noted above, trips generated by the project would be primarily light-duty, and vehicle traffic is increasingly electric-powered (refer to Section 4.6 Energy and Section 4.8 Greenhouse Gas Emissions). Vehicle trips generated by future development under the Housing Element Update would be further reduced by:
• General Plan Policy ERC-25, which requires projects with air quality impacts to implement TDM techniques;
• General Plan Policy ERC-28, which requires local planning and development activities to incorporate subdivision, zoning, and site design measures that reduce the number and length of single-occupant automobile trips;
• General Plan Policy ERC-30, which encourages new residential developments to incorporate measures such as shuttle services to major employment centers, commercial areas and transit areas, and provide adequate transit facilities.

In addition to vehicle traffic, future development under the project may include testing and emergency operation of diesel generators. Installation and operation of diesel generators requires a permit from BAAQMD, which requires generators to be operated in accordance with BAAQMD rules and regulations that would ensure sensitive receptors are not significantly exposed to generator emissions.

In addition to the reasons outlined above, cumulative health risks would be reduced through implementation of MM AIR-3.1 above, and future development would be required to complete a HRA prior to construction that ensures operation of future development does not result individually 29 Bay Area Air Quality Management District (BAAQMD). Recommended Methods for Screening and Modeling Local Risks and Hazards, Version 3.0. May 2012. 30 After completion of the analysis presented in this Initial Study, the number of units assumed at Sites 8 and 21 increased by one unit each, the number of units assumed at Site 22 decreased by one unit, and the number of pipeline units decreased by one unit, resulting in a net increase of one unit and two residents assumed at the Housing Opportunity Sites (2,708 units versus 2,709 units, 7,150 residents versus 7,152 residents) and no increase in the total number of units and residents assumed for the Housing Element Update as a whole (3,618 units and 9,552 residents total). This change would not affect any of the conclusions presented herein this Initial Study. 2023-2031 Housing Element Update 68 Initial Study
City of San Bruno December 2022 (Revised January 2023)
or cumulatively in health risks for sensitive receptors in excess of BAAQMD project-level thresholds.

Consistent with BAAQMD plan-level thresholds of significance for health risks, this Initial Study has identified overlay zones for sources of air pollutants and TACs, and goals, policies and objectives to minimize potentially adverse impacts associated with operational activities. Therefore, community health risk associated with operation of future development under the Housing Element Update would not expose sensitive receptors to substantial pollutant concentrations. (Less than Significant Impact with Mitigation Incorporated)
Fugitive Dust
Construction activities, particularly during site preparation and grading, would temporarily generate fugitive dust in the form of PM10 and PM2.5. Sources of fugitive dust would include disturbed soils at the construction site and trucks carrying uncovered loads of soils. Unless properly controlled, vehicles leaving the site would deposit mud on local streets, which could be an additional source of airborne dust after it dries. The BAAQMD CEQA Air Quality Guidelines consider these impacts to be less than significant if the following best management practices are implemented.

BAAQMD Best Management Practices:
• All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day.
• All haul trucks transporting soil, sand, or other loose material off-site shall be covered. • All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. • All vehicle speeds on unpaved roads shall be limited to 15 miles per hour (mph). • All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible.

Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
• Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. • All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. • Post a publicly 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 48 hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations.

Implementation of the BAAQMD best management practices identified above is required by General Plan Policy ERC-26 and MM AIR-3.1. Therefore, fugitive dust generated during construction of 2023-2031 Housing Element Update 69 Initial Study
City of San Bruno December 2022 (Revised January 2023)
future development under the Housing Element Update would not expose sensitive receptors to substantial pollutant concentrations.

Health Risks from Criteria Air Pollutants
In a 2018 decision (Sierra Club v. County of Fresno), the state Supreme Court determined CEQA requires that when a project’s criteria air pollutant emissions would exceed applicable thresholds and contribute a cumulatively considerable contribution to a significant cumulative regional criteria pollutant impact, the potential for the project’s emissions to affect human health in the air basin must be disclosed. State and federal ambient air quality standards are health-based standards, and exceedances of those standards result in continued unhealthy levels of air pollutants. As stated in the 2017 BAAQMD CEQA Air Quality Guidelines, air pollution by its nature is largely a cumulative impact. No single project is sufficient in size, by itself, to result in nonattainment of ambient air quality standards. Instead, a project’s individual emissions contribute to existing cumulatively significant adverse air quality impacts. In developing thresholds of significance for air pollutants, BAAQMD considered the emission levels for which a project’s individual emissions would be cumulatively considerable. If a project has a less than significant impact for criteria pollutants, it is assumed to have no adverse health effect.

As discussed under Impact AIR-2, buildout of the Housing Element Update would not result in a cumulatively considerable net increase of any criteria pollutant for which the project region is nonattainment under an applicable federal or state ambient air quality standard. Criteria air pollutant emissions associated with buildout of the TCP and Bayhill Specific Plan would be further reduced with implementation of the mitigation measures identified in Section 4.3.2.1. Therefore, criteria air pollutants generated by implementation of the project would not expose sensitive receptors to substantial pollutant concentrations.

Impact AIR-4: The project would not result in other emissions (such as those leading to odors) adversely affecting a substantial number of people. (Less than Significant Impact)
Construction activities associated with buildout of the Housing Element Update would generate localized emissions of diesel exhaust during construction equipment operation and truck activity.

These emissions may be noticeable from time to time by adjacent receptors; however, the odors would be localized and temporary and are not likely to affect people off-site. Odors associated with the application of paints and coatings may also be noticeable on occasion by adjacent receptors.

Painting and coating of the project would occur during daytime hours only, would be localized, and would be generally confined to the project site. These odors would also be temporary.

Odors are generally considered an annoyance rather than a health hazard. Land uses that have the potential to be sources of odors that generate complaints include, but are not limited to, wastewater treatment plants, landfills, composting operations, and food manufacturing facilities. Implementation of the Housing Element would only lead to buildout of residential uses, which do not generate objectionable odors or any other type of emissions that could adversely affect a substantial number of people.
2023-2031 Housing Element Update 70 Initial Study
City of San Bruno December 2022 (Revised January 2023)

4.4 BIOLOGICAL RESOURCES

4.4.1 Environmental Setting

4.4.1.1 Regulatory Framework
Federal and State
Endangered Species Act
Individual plant and animal species listed as rare, threatened, or endangered under state and federal Endangered Species Acts are considered special-status species. Federal and state endangered species legislation has provided the United States Fish and Wildlife Service (USFWS) and the California Department of Fish and Wildlife (CDFW) with a mechanism for conserving and protecting plant and animal species of limited distribution and/or low or declining populations. Permits may be required from both the USFWS and CDFW if activities associated with a proposed project would result in the take of a species listed as threatened or endangered. To “take” a listed species, as defined by the State of California Fish and Game Code Section 86, is “to hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill” these species. “Take” is more broadly defined by the federal Endangered Species Act (16 United States Code (USC) 1532) to include harm of a listed species.

In addition to species listed under state and federal Endangered Species Acts, Sections 15380(b) and (c) of the CEQA Guidelines provide that all potential rare or sensitive species, or habitats capable of supporting rare species, must be considered as part of the environmental review process. These may include plant species listed by the California Native Plant Society and CDFW-listed Species of Special Concern.31
Migratory Bird Treaty Act
The federal Migratory Bird Treaty Act (MBTA) prohibits killing, capture, possession, or trade of migratory birds except in accordance with regulations prescribed by the Secretary of the Interior.

Hunting and poaching are also prohibited. This includes direct and indirect acts, except for harassment and habitat modification, which are not included unless they result in direct loss of birds, nests, or eggs. The CDFW also protects migratory and nesting birds under California Fish and Game Code Sections 3503, 3503.5, and 3800. The CDFW considers causing abandonment and/or loss of reproductive efforts through disturbance on bird species to be a “taking”. 31 A “Species of Special Concern” is a species, subspecies, or distinct population of an animal native to California that currently satisfies one or more of the following criteria:
• Is extirpated from the State or, in the case of birds, is extirpated in its primary season or breeding role; • Is listed as Federally-, but not State-, threatened or endangered; meets the State definition of threatened or endangered but has not formally been listed;
• Is experiencing, or formerly experienced, serious (noncyclical) population declines or range retractions (not reversed) that, if continued or resumed, could qualify it for State threatened or endangered status; • Has naturally small populations exhibiting high susceptibility to risk from any factor(s), that if realized, could lead to declines that would qualify it for State threatened or endangered status. 2023-2031 Housing Element Update 71 Initial Study
City of San Bruno December 2022 (Revised January 2023)
Sensitive Habitat Regulations
Wetland and riparian habitats are considered sensitive habitats under CEQA. They are also afforded protection under applicable federal, state, and local regulations, and are generally subject to regulation by the United States Army Corps of Engineers (USACE), Regional Water Quality Control Board (RWQCB), CDFW, and/or the USFWS under provisions of the federal Clean Water Act (e.g., Sections 303, 304, 404) and State of California Porter-Cologne Water Quality Control Act.

California Fish and Game Code
Streambeds and banks, as well as associated riparian habitat, are regulated by the CDFW per Section 1602 of the Fish and Game Code. Work within the bed or banks of a stream or the adjacent riparian habitat requires a Streambed Alteration Agreement from the CDFW. Sections 3503, 3503.5, and 3513 protect native birds and raptor nests when in active use.

Local
City of San Bruno General Plan
Various policies in the City’s General Plan have been adopted for the purpose of avoiding or mitigating biological impacts resulting from planned development within the City, including the following:

Policies Description
LUD-33 Plant additional street trees along the existing buffer between Huntington Avenue and the residential frontage road due east of the San Bruno BART Station.

LUD-73 Require buildings with a continuous façade of 100 feet or longer to use non-reflective materials to minimize adverse impact of glare.

OSR-29 Prevent erosion in Crestmoor Canyon through planting of native species along steep slopes and drainage swales.

OSR-33 Balance fire preventions goals with the preservation of the mature tree stands along the city’s scenic corridors, including Sneath Lane, Skyline Boulevard, I-280, and Crystal Springs Road, consistent with the Tree Preservation Ordinance and Ordinance 1284. Landscaping of public rights-of-way along these corridors should complement the natural state.

OSR-34 Protect mature trees, as feasible, during new construction and redevelopment. Require identification of all trees over six inches in diameter and approval of landscaping plans during design review.
2023-2031 Housing Element Update 72 Initial Study
City of San Bruno December 2022 (Revised January 2023)
Policies Description
OSR-38 Require open space easements or deed restrictions on undevelopable property. Through the plan review process, require recordation of open space easement, deed restriction, dedication or other legal means of permanently restricting development of open space lands.

ERC-A Preserve open space essential for the conservation of San Bruno’s natural resources – including vegetation, wildlife, soils, water, and air.

ERC-B Protect the natural environment, including wildlife, from destruction during new construction or redevelopment within San Bruno.

ERC-C Recognize areas of overlapping jurisdiction with respect to open space and environmental resources, and coordinate the City’s actions with efforts of surrounding cities, agencies, and San Mateo County.

ERC-1 Preserve as open space those lands which are identified, through environmental review, as sensitive habitat areas. Require setbacks to deve1opment as buffer areas, as appropriate.

ERC-2 Preserve as open space those portions of property which have significant value to the public as scenic resources, aesthetic, or recreation purposes.

ERC-3 Protect natural vegetation in park, open space, and scenic areas as wildlife habitat, to prevent erosion, and to serve as noise and scenic buffers.

ERC-5 Preserve critical habitat areas and sensitive species within riparian corridors, hillsides, canyon areas, tree canopies, and wetlands that are within the City’s control (Figure 6-1).

Protect declining or vulnerable habitat areas from disturbance during design and construction of new development.

ERC-6 Preserve wetland habitat in the San Francisco Bay Margins along the eastern edge of city land as permanent open space (Figure 6-1). Where jurisdiction allows, establish buffer zones at the edge of wetland habitats and identify buffer zones as areas to restrict development.

Environmental concerns should be addressed during stormwater maintenance activities.

ERC-7 Ensure that construction adjacent to open canyon areas is sensitive to the natural environment. Preserve the natural topography and vegetation.

ERC-8 If development occurs adjacent to a wetlands area, ensure that a qualified biologist has conducted a wetlands delineation in accordance with federal and State guidelines.

ERC-9 Preserve mature trees and vegetation, including wildflowers, within open canyon areas and along the city’s scenic roadways.

ERC-10 Require incorporation of native plants into landscape plans for new development as feasible – especially in areas adjacent to natural areas, such as canyons or scenic roadways (Figure 6- 1). Require preservation of mature trees, as feasible, during design and construction.

ERC-11 Prohibit the use of any new non-native invasive plant species in any landscaped or natural area. Develop a program for abatement of non-native invasive species in open space or habitat areas.

ERC-12 Balance the need for fire safety and invasive plant species management with new considerations along the city’s scenic corridors. Encourage buildings to be locked outside of the tree’s drip-line or 12 feet from the tree trunk, whichever is greater, and/or incorporating special techniques to minimize root damage, etc.

ERC-13 Through environmental review, assure that all projects affecting resources of regional concern (e.g., the San Francisco garter snake habitat, water and air quality, the San Francisco Fish and Game Reserve) satisfy regional, State and federal laws. 2023-2031 Housing Element Update 73 Initial Study
City of San Bruno December 2022 (Revised January 2023)
Policies Description
ERC-14 Preserve wetlands habitat and associated species in compliance with the federal “no net loss” policy using mitigation measures such as:
• Avoidance of sensitive habitat areas;
• Clustering of development away from wet lands;
• Transfer of development rights for preservation of existing sensitive lands; and/or • Compensatory in-kind mitigation, such as restoration or creation.

ERC-15 Consult with the California Department of Fish and Game to determine significant habitat areas. Identify priorities for acquisition or maintenance of open space areas based on biological or environmental concerns.

ERC-16 Conduct presence/absence biological surveys for sensitive plant and animal species in natural areas prior to any construction activities proposed adjacent to or within identified natural areas (Figure 6-1). If no special status species are detected during these surveys, then construction-related activities may proceed. If listed special status species are found with the construction zone, then avoid these species and their habitat or consult with U.S. Fish and Wildlife Service and/or California Department of Fish and Game.

ERC-17 If construction activities, including tree removal activities, are required adjacent to or within natural areas (Figure 6-1), then avoid activities during March through June unless a bird survey is conducted to determine that the tree is unused during the breeding season by avian species that are protected under California Fish and Game Codes 3503, 3503.5, and 3511.

ERC-18 Coordinate efforts with the San Mateo County Flood Control District, Caltrans, Golden Gate National Recreation Area, San Francisco Airport, Peninsula Watershed lands, and Junipero Serra County Park to develop or preserve and manage interconnecting wildlife movement corridors.

PFS-34 Identify and remove mature and/or diseased Eucalyptus trees in rights-of-way and other open areas, if they pose a fire hazard or other threat to health and safety.

City of San Bruno Municipal Code
Chapter 8.24 of the City of San Bruno Municipal Code, “Street Trees and Other Plantings”, regulates the planting and maintenance of trees and other plantings in and along the public streets, ways, and public easements within the city. Chapter 8.25, “Heritage Trees”, protects certain trees located on private property within the City of San Bruno, including:
• Any native bay (Umbellularia californica), buckeye (Aesculus species), oak (Quercus species), redwood (Sequoia sempervirens), or pine (Pinus radiata) tree that has a diameter of six inches or more measured at 54 inches above natural grade; • Any tree or stand of trees designated by resolution of the city council to be of special historical value or of significant community benefit;
• A stand of trees, the nature of which makes each dependent on the others for survival; or • Any other tree with a trunk diameter of ten inches or more, measured at 54 inches above natural grade.
2023-2031 Housing Element Update 74 Initial Study
City of San Bruno December 2022 (Revised January 2023)
Bayhill Specific Plan
As noted in Section 3.1.1.1, Housing Opportunity Sites 3 and 13 are located within the Bayhill Specific Plan area. Chapter Six of the Bayhill Specific Plan includes mandatory “Urban Design Policies”, including the following which pertain to biological resources.

Policy 3-2
Policy 3-2 requires street trees, lighting, landscaping, and other amenities be provided by new development along their entire street frontages. Among other requirements, Policy 3-2 requires trees removed during construction to be replaced at a minimum ratio of 1:1.

Policy 6-26
In order to avoid or minimize impacts to nesting birds during nesting season (identified as February 1 to August 31), Policy 6-26 requires construction activities to either occur outside of nesting season, or a pre-construction survey must be conducted for active nests. If any active nests are identified, Policy 6-26 prescribes measures for protecting nests (i.e., establishing no-disturbance buffer zones).

4.4.1.2 Existing Conditions
Although urbanization has removed much of the City’s original vegetation, San Bruno includes several distinct vegetative communities, including coyote brush scrub, freshwater wetland, willow riparian, mixed-oak woodland, eucalyptus woodland, mixed pine-oak-eucalyptus woodland, and nonnative grassland. The location of vegetative communities (including wetlands) and special-species habitat within the City of San Bruno relative to the identified Housing Opportunity Sites is shown on Figure 4.4-1. No portion of the City of San Bruno is within the boundaries of a habitat conservation plan; the nearest region under a conservation plan is San Bruno Mountain to the north of the City limits.

General Plan and Municipal Code Conforming Sites
Residential development at the densities proposed by the Housing Element Update (refer to Table

3.2-1) are allowed at Housing Opportunity Sites 6, 8, 10, 16, 18, and 19 under their existing General Plan land use designation and zoning designation, and therefore no General Plan amendments or rezoning is required. The existing conditions at these sites related to biological resources are discussed below.

Housing Opportunity Site 6
Housing Opportunity Site 6 is currently developed with multiple uses, including a privately operated golf driving range, parking lot storage for a private bus operator, and a maintenance building for the San Bruno Park School District. As shown on Figure 4.4-1, the majority of Site 6 is mapped as urban/highly disturbed land cover; however, small undeveloped portions along the southern and eastern border provide potential habitat for sensitive species and nesting birds.

The site is bordered by I-280 to the east and the Crestmoor Canyon open space areas in all other directions. Beyond Crestmoor Canyon are single-family residences to the west, north, and south as well as two gas stations across Sneath Lane to the north. The areas southwest of Site 6 are mapped as 2023-2031 Housing Element Update 75 Initial Study
City of San Bruno December 2022 (Revised January 2023)
potential sensitive species and nesting bird habitat, while the areas southeast of Site 6 are mapped as potential nesting bird habitat only. An aboveground channelized portion of San Bruno Creek transitions belowground at the westernmost border of Site 6; San Bruno Creek remains underground until emptying into the San Bruno Canal, located approximately 1.75 miles east of Site 6.

Housing Opportunity Site 8
Housing Opportunity Site 8 is currently developed with the former Edgemont Elementary School campus. The campus consists of two one-story gabled-roof buildings with rooftop solar panels, a surface parking lot, and a playground area. As shown on Figure 4.4-1, Site 8 and the surrounding area is mapped as urban/highly disturbed land cover and do not contain any vegetative communities, wetlands, or habitat suitable for special status species. There are a number of mature trees present on site. The nearest waterway is Crystal Springs Creek, located approximately 0.5-miles south of Site 8. 19 21
20 7
12 6
9 4
2 8
5 23
22 17
10 18
13 14
3 1
15 11
16 Freshwater Forested/Shrub
Freshwater Emergent Wetland
California Red-Legged Frog
Mission Blue Butterfly
White-Rayed Pentachaeta
Saltmarsh Common Yellowthroat
Potential Sensitive Species
Inaccessible Site
Potential Nesting Birds
City Limits
Source: Environmental Science Associates, 2002;
California Natural Diversity Database; Dyett &
Bhatia, 2002, 2003.

FEET
0 500 1000 2000 10
acres
Bayhill Specific
Plan Boundary
Transit Oriented
Development Overlay
VEGETATIVE COMMUNITIES AND SPECIAL SPECIES HABITAT FIGURE 4.4-1 City2023-2031 Housing Element Update
of San Bruno
76 Initial Study
December 2022 (Revised January 2023)
2023-2031 Housing Element Update 77 Initial Study
City of San Bruno December 2022 (Revised January 2023)
Housing Opportunity Sites 10 and 16
Housing Opportunity Sites 10 and 16 are vacant dirt lots that are located adjacent to each other on San Marco Avenue. As shown on Figure 4.4-1, the sites and surrounding area are mapped as urban/highly disturbed land cover and do not contain any vegetative communities, wetlands, or habitat for special status species. Minimal vegetation (including trees and shrubs) is present on-site.

The nearest waterway is Crystal Springs Creek, approximately 0.55-miles west of Sites 10 and 16.

Housing Opportunity Site 18
Housing Opportunity Site 18 is developed with a two-story building, pedestrian plaza, and surface parking lot. As shown on Figure 4.4-1, Site 18 and the surrounding area is mapped as urban/highly disturbed land cover and does not contain any vegetative communities, wetlands, or habitat for special status species. Site 18 is well-landscaped, consisting of numerous mature trees, shrubs, and groundcover. The nearest waterway is the San Bruno Canal, located approximately 0.75-miles east of Site 18.

Housing Opportunity Site 19
Housing Opportunity Site 19 is developed with a single-story building and surface parking lot. As shown on Figure 4.4-1, Site 19 and the surrounding area is mapped as urban/highly disturbed land cover and does not contain any vegetative communities, wetlands or habitat for special status species.

Site 19 is poorly landscaped with no mature trees and minimal shrubbery. The nearest waterway is the San Bruno Canal, located approximately 0.75-miles east of Site 19.

Transit Corridors Plan Area Sites
As noted in Section 3.1.1.1, Housing Opportunity Sites 1, 2, 4, 5, 7, 9, 11, 12, 15, 17, 20, 21, 22, and 23 are located within the TCP area. The TCP area is fully urbanized and characterized by diverse land uses, building forms, parcel sizes and surface parking lots. According to the TCP EIR, no riparian habitat, wetlands, wildlife corridors, or other sensitive natural communities are present within the TCP area.32 Large Monterey pine, Monterey cypress, blue gum eucalyptus and oak trees are present throughout the TCP area that could provide nesting habitat for urban adapted birds and certain bat species.

Bayhill Specific Plan Area Sites
As noted in Section 3.1.1.2, Housing Opportunity Sites 3 and 13 are located within the Bayhill Specific Plan area. The Bayhill Specific Plan area is approximately 92.2 acres in size and encompasses the Bayhill Office Park, Bayhill Shopping Center, and Marriott Courtyard Hotel. At the time of preparation of the Bayhill Specific Plan EIR, an isolated 11-acre portion of the Bayhill Specific Plan area was vacant and dominated by non-native vegetation (primarily eucalyptus trees); this area is currently being developed. Biological surveys prepared as part of the Bayhill Specific Plan EIR determined that no habitat suitable for special status species, riparian habitat, wetlands, wildlife corridors, or other sensitive natural communities are present with the Bayhill Specific Plan area. Mature trees and other vegetation are present within the Bayhill Specific Plan area, including 32 City of San Bruno. San Bruno Transit Corridors Plan Draft Environmental Impact Report. Page 15-4. March 2012.
2023-2031 Housing Element Update 78 Initial Study
City of San Bruno December 2022 (Revised January 2023)
native and non-native trees. Most of the trees are ornamental landscaping in roadway medians and parking lot islands.

Housing Opportunity Site 14
Housing Opportunity Site 14 consists of 1122-1188 El Camino Real/300 Tanforan Shopping Center, which is developed with the Shops at Tanforan shopping mall, and 1292 Huntington Avenue, which is located opposite the Shops at Tanforan across the Sneath Lane/Huntington Avenue intersection and is developed with a vacant paved lot. Vegetation at the Shops at Tanforan is minimal, consisting primarily of street trees and landscaping with almost no interior vegetation; landscaping at 1292 Huntington Avenue is non-existent besides a row of shrubbery. As shown on Figure 4.4-1, Site 14 and the surrounding area is mapped as urban/highly disturbed land cover and does not contain any vegetative communities, wetlands, or habitat for special status species. The nearest waterway is the San Bruno Canal, located approximately 0.5-miles east of Site 14.

4.4.2 Impact Discussion
Potentially
Significant
Impact
Less than
Significant
with Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
1) Have a substantial adverse effect, either
directly or through habitat modifications, on
any species identified as a candidate, sensitive,
or special status species in local or regional
plans, policies, or regulations, or by the
California Department of Fish and Wildlife
(CDFW) or United States Fish and Wildlife
Service (USFWS)?
2) Have a substantial adverse effect on any
riparian habitat or other sensitive natural
community identified in local or regional
plans, policies, regulations, or by the CDFW
or USFWS?
3) Have a substantial adverse effect on state or
federally protected wetlands (including, but
not limited to, marsh, vernal pool, coastal,
etc.) through direct removal, filling,
hydrological interruption, or other means?
4) Interfere substantially with the movement of
any native resident or migratory fish or
wildlife species or with established native
resident or migratory wildlife corridors, or
impede the use of native wildlife nursery sites?
5) Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?
2023-2031 Housing Element Update 79 Initial Study
City of San Bruno December 2022 (Revised January 2023)
Potentially
Significant
Impact
Less than
Significant
with Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
6) Conflict with the provisions of an adopted
Habitat Conservation Plan, Natural
Community Conservation Plan, or other
approved local, regional, or state habitat
conservation plan?
Impact BIO-1: The project would not have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the CDFW or USFWS. (Less than Significant Impact with Mitigation Incorporated)
Special Status Species
As documented in Section 4.4.1.2, none of the Housing Opportunity Sites (with the exception of Site 6, discussed below) have habitat present on site, or are located near habitat, that would support special status species, and therefore, implementation of the Housing Element would not have a substantial adverse effect, either directly or through habitat modifications, on any special status species.

Site 6 is 21.1 acres, located on the south side of Sneath Lane west of I-280 freeway, and currently developed with multiple uses, including a privately operated golf driving range, parking lot storage for a private bus operator, and a maintenance building for the San Bruno Park School District. The majority of Housing Opportunity Site 6 is urban/highly disturbed land cover; however, the areas southwest of Site 6 are mapped as potential sensitive species and nesting bird habitat, while the areas southeast of Site 6 are mapped as potential nesting bird habitat only. An aboveground channelized portion of San Bruno Creek transitions belowground at the westernmost border of Site 6.

The Housing Element anticipates Site 6 would be redeveloped with approximately 118 single-family homes. Future residential development envisioned by the Housing Element on Site 6 would not substantially affect special status species by adhering to the various General Plan policies listed in Section 4.4.1.1, including ERC-1, which requires preservation of open space land identified as sensitive habitat areas, and setbacks to development as buffer areas, ERC-5, which requires preservation of critical habitat areas and sensitive species within riparian corridors, and ERC-16, which requires biological surveys for development adjacent to or within an identified natural area, such as riparian corridors. (Less than Significant Impact) Nesting Birds and Migratory Raptors
As discussed in Section 4.4.1.2, trees are located on and adjacent to many of the Housing Opportunity Sites, that could serve as nesting habitat for birds, including migratory birds and raptors.

Nesting birds are among the species protected under provisions of the Migratory Bird Treaty Act and California Fish and Game Code Sections 3503, 3503.5, and 2800. Disturbances caused by demolition 2023-2031 Housing Element Update 80 Initial Study
City of San Bruno December 2022 (Revised January 2023)
and/or construction activities during the breeding season could result in the loss of fertile eggs or nest abandonment. Furthermore, tree removal during the nesting season (February 1st through August 31st) could potentially impact protected raptors and/or other protected migratory birds. Any loss of fertile bird eggs, individual nesting eggs, or any activities resulting in nest abandonment during construction would constitute a significant impact.

Mitigation Measures:

MM BIO-1.1: Prior to approval, the 2023-2031 Housing Element shall include a policy requiring future development at Housing Opportunity Sites to comply with the following measures:
a. Demolition and nesting substrate (e.g., trees, bushes, grasses, and other vegetation) removal activities shall be scheduled to avoid nesting season (February 1 to August 31). To the extent feasible, construction activities shall be scheduled to occur during the nonnesting season (September 1 through January 31). b. Prior to issuance of any discretionary permits that would allow construction activities during the nesting season, a qualified biologist shall complete pre-construction surveys for active nests within 14 days of work commencing. The survey area must include the proposed development area and all areas within 300 feet of the development area boundary (“zone of influence”). If active nest, roost, or burrow sites are identified within the zone of influence, a nodisturbance buffer shall be established for all active nest sites prior to commencement of any proposed construction-related activities to avoid disturbances to migratory bird nesting activities. A nodisturbance buffer constitutes a zone in which construction activities cannot occur. The sizes of the buffers shall be determined by a qualified biologist based on the species, activities proposed near the nest, and topographic and other visual barriers. Buffers shall remain in place until the young have departed the area or fledged and/or the nest is inactive, as determined by the qualified biologist. c. If work is necessary within a buffer zone of an active bird nest, work may occur under the supervision of a qualified avian biologist. The qualified avian biologist monitoring the construction work shall have the authority to stop work and adjust buffers if any disturbance to nesting activity is observed.

Implementation of MM BIO-1.1 would ensure that future redevelopment of the Housing Opportunity Sites does not result in the loss of fertile or nesting eggs or nest abandonment. MM BIO-1.1a would prohibit demolition and nesting substrate removal activities during nesting season, which would ensure that nesting does not occur during the nesting season while construction activities may be ongoing. Impacts to nesting birds and raptors would be avoided entirely if all demolition, nesting substrate removal, and construction activities can be scheduled during the non-nesting season. Prior to the initiation of any construction activities during nesting season, implementation of MM BIO- 2023-2031 Housing Element Update 81 Initial Study
City of San Bruno December 2022 (Revised January 2023)

1.1b would require active nests be identified and no-disturbance buffer zones established by a qualified biologist, which would prevent any construction activities that could result in the loss of fertile or nesting eggs or nest abandonment. Any construction activities within these buffer zones would only be permitted under the supervision of a qualified avian biologist, who would have the authority to stop work should any activities that could result in the loss of fertile or nesting eggs or nest abandonment to occur. For these reasons, implementation of the Housing Element as amended by MM BIO-1.1 would ensure that future residential development at all sites would have a less than significant impact on nesting birds and migratory raptors. (Less than Significant Impact with Mitigation Incorporated)
Impact BIO-2: The project would not have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the CDFW or USFWS. (Less than Significant Impact)
As documented in Section 4.4.1.2, none of the Housing Opportunity Sites (with the exception of Site 6, discussed below) are located on or adjacent to any riparian corridors or other sensitive natural community.

Site 6 is 21.1 acres, located on the south side of Sneath Lane west of I-280 freeway, and currently developed with multiple uses, including a privately operated golf driving range, parking lot storage for a private bus operator, and a maintenance building for the San Bruno Park School District. The majority of Housing Opportunity Site 6 is urban/highly disturbed land cover; however, an aboveground channelized portion of San Bruno Creek transitions belowground at the westernmost border of Site 6; San Bruno Creek remains underground until emptying into the San Bruno Canal, located approximately 1.75 miles east of Site 6. The Housing Element anticipates Site 6 would be redeveloped with approximately 118 single-family homes. Future residential development envisioned by the Housing Element on Site 6 would not substantially affect the portion of San Bruno Creek that is above ground on or near the site by adhering to the various General Plan policies listed in Section

4.4.1.1, including ERC-1, which requires preservation of open space land identified as sensitive habitat areas, and setbacks to development as buffer areas, ERC-5, which requires preservation of critical habitat areas and sensitive species within riparian corridors, ERC-10, which requires native plants in landscape plans and preservation of mature trees adjacent natural areas, ERC-11, which prohibits non-native plant species in landscape plans in natural areas or sensitive habitats, and ERC16, which requires biological surveys for development adjacent to or within an identified natural area, such as riparian corridors.

Impact BIO-3: The project would not have a substantial adverse effect on state or federally protected wetlands through direct removal, filling, hydrological interruption, or other means. (No Impact)
As documented in Section 4.4.1.2, none of the Housing Opportunity Sites contain wetlands, and therefore implementation of the Housing Element would not result in substantial adverse effects on state or federally protected wetlands.
2023-2031 Housing Element Update 82 Initial Study
City of San Bruno December 2022 (Revised January 2023)
Impact BIO-4: The project would not interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites. (Less than Significant Impact)
As documented in Section 4.4.1.2, none of the Housing Opportunity Sites (with the exception of Site 6) provide any habitat that could serve as a corridor or nursery for resident or migratory wildlife outside of the birds discussed in Impact BIO-1. The absence of any waterways on the Housing Opportunity Sites (other than Site 6) precludes the potential to impact any resident or migratory fish species. Therefore, future residential development at the Housing Opportunity Sites would not interfere substantially with the movement of any species, with established native resident or migratory wildlife corridors, or the use of native wildlife nursery sites.

As noted previously, Housing Opportunity Site 6 is urban/highly disturbed land cover; however, an aboveground channelized portion of San Bruno Creek transitions belowground at the westernmost border of Site 6. To the extent that the channelized San Bruno Creek functions as a wildlife corridor, implementation of the various General Plan policies discussed above under Impact BIO-2 (ERC-1, ERC-5, ERC-10, ERC-11, and ERC-16), would ensure that future residential development envisioned by the Housing Element on Site 6 would not substantially affect the portion of San Bruno Creek that is above ground on or near the site and the use of that portion of San Bruno Creek as a wildlife corridor.

Impact BIO-5: The project would not conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance. (Less than Significant Impact)
As discussed in Section 4.4.1.2, trees are located on and adjacent to many of the Housing Opportunity Sites. Future redevelopment of the Housing Opportunity Sites may require the removal of trees, including heritage and street trees, that are present on-site, or construction could impact trees on adjacent properties, such as shared property lines. Prior to removal of any protected trees, residential projects on the Housing Opportunity Sites would be required to obtain Heritage Tree and Street Tree removal permits as required by the City’s Municipal Code. The future housing projects would also be required to conform with the replacement requirements outlined in San Bruno Municipal Code sections 8.24.090 and 8.25.050.33 Additionally, adherence to General Plan policy OSR-34, which requires protection of mature trees during new construction and redevelopment, would ensure that trees intended to remain on a site or adjacent to a site, would be protected from construction activity. Accordingly, future residential development of the Housing Opportunity Sites would not lead to any conflict with any local policies or ordinances protecting biological resources, including tree preservation policies or ordinances.
33 Street trees and heritage trees are required to be replaced by either two twenty-four-inch box size trees or one thirty-six-inch box size tree for each tree removed.
2023-2031 Housing Element Update 83 Initial Study
City of San Bruno December 2022 (Revised January 2023)
Impact BIO-6: The project would not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. (No Impact) No portion of the City of San Bruno is located within the boundaries of an adopted conservation plan area. Thus, there are no possible conflicts for the Housing Element with the provisions of any adopted conservation plans.
2023-2031 Housing Element Update 84 Initial Study
City of San Bruno December 2022 (Revised January 2023)

4.5 CULTURAL RESOURCES
The following discussion is based, in part, on a Cultural Resources Sensitivity Report prepared for the project by Archaeological/Historical Consultants. The report, dated September 2022, is on file with the Community and Economic Development Department.

4.5.1 Environmental Setting

4.5.1.1 Regulatory Framework
Federal and State
National Historic Preservation Act
Federal protection is legislated by the National Historic Preservation Act of 1966 (NHPA) and the Archaeological Resource Protection Act of 1979. These laws maintain processes for determination of the effects on historical properties eligible for listing in the National Register of Historic Places (NRHP). Section 106 of the NHPA and related regulations (36 Code of Federal Regulations [CFR] Part 800) constitute the primary federal regulatory framework guiding cultural resources investigations and require consideration of effects on properties that are listed or eligible for listing in the NRHP. Impacts to properties listed in the NRHP must be evaluated under CEQA.

The NRHP is the nation’s master inventory of historic resources that are considered significant at the national, state, or local level. The minimum criteria for determining NRHP eligibility include:
• The property is at least 50 years old (properties under 50 years of age that are of exceptional importance or are contributors to a district can also be included in the NRHP); • It retains integrity of location, design, setting, materials, workmanship, feeling, and associations; and
• It possesses at least one of the following characteristics:
o Association with events that have made a significant contribution to the broad patterns of history;
o Association with the lives of persons significant in the past; o Distinctive characteristics of a type, period, or method of construction, or represents the work of a master, or possesses high artistic values, or represents a significant, distinguishable entity whose components may lack individual distinction; or o Has yielded, or may yield, information important to prehistory or history.

California Register of Historical Resources
The guidelines for identifying historic resources during the project review process under CEQA are set forth in Public Resources Code Section 21084.1 and CEQA Guidelines Section 15064.5(a). These provisions of CEQA create three categories of historical resources: mandatory historical resources; presumptive historical resources; and resources that may be found historical at the discretion of the lead agency. These categories are described below.
2023-2031 Housing Element Update 85 Initial Study
City of San Bruno December 2022 (Revised January 2023)
• Mandatory Historical Resources. A resource the State Historical Resources Commission lists on the CRHR, or the State Historical Resources Commission determines to be eligible for listing in the CRHR, is defined by CEQA to be a historical resource. Resources are formally listed or determined eligible for listing by the State Historical Resources Commission in accordance with the procedures set forth in the provisions of state law relating to listing of historical resources.34 If a resource has been listed in the CRHR, or formally determined to be eligible for listing by the State Historical Resources Commission under these procedures, it is conclusively presumed to be a historical resource under CEQA. • Presumptive Historical Resources. A resource included in a local register of historic resources as defined by state law35 or identified as significant in a historical resource survey meeting the requirements of state law,36 shall be presumed to be historically or culturally significant. The lead agency must treat any such resource as significant unless the preponderance of evidence demonstrates that it is not historically or culturally significant. • Discretionary Historical Resources. A resource that is not determined to be a significant historical resource under the criteria described above, may, in the discretion of the lead agency, be found to be a significant historical resource for purposes of CEQA, provided its determination is supported by substantial evidence in light of the whole record. The CEQA Guidelines further provide that generally, a lead agency should consider a resource historically significant if the resource is found to meet the criteria for listing on the CRHR, including the following:
o Criterion 1 (Events): The resource is associated with events or patterns of events that have made a significant contribution to the broad patterns of local or regional history and cultural heritage of California or the United States; or o Criterion 2 (Persons): The resource is associated with the lives of persons important to local, California, or national history; or
o Criterion 3 (Architecture): The resource embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values, or
o Criterion 4 (Information Potential): The resource has the potential to yield information important to the prehistory or history of the local area, California, or the nation.37 Historical resources eligible for listing in the CRHR must meet one of the criteria of significance described above and retain enough of their historic character or appearance to be recognizable as 34 Set forth in Public Resources Code Section 5024.1 and 14 California Code of Regulations (CCR) Section 4850, et. seq.
35 Set forth in Public Resources Code Section 5020.1(k), a local register of historical resources is a list of properties officially designated or recognized as historically significant by a local government pursuant to a local ordinance or resolution.
36 Under Public Resources Code Section 5024.1(g), a resource can be identified as significant in a historical resources survey and found to be significant by the State Office of Historic Preservation (i.e., listed in the CRHR) if three criteria are met: (1) the survey has or will be included in the State Historic Resources Inventory; (2) the survey and documentation were prepared in accordance with State Office of Historic Preservation procedures and requirements; and (3) the State Office of Historic Preservation has determined the resource has a significance rating of Category 1 to 5 on Form 523.
37 CEQA Guidelines Section 15064.5(a)(3) and California Office of Historic Preservation Technical Assistance Series #6. Accessed October 24, 2022.
http://www.ohp.parks.ca.gov/pages/1069/files/technical%20assistance%20bulletin%206%202011%20update.pdf. 2023-2031 Housing Element Update 86 Initial Study
City of San Bruno December 2022 (Revised January 2023)
historical resources and to convey the reasons for their significance. A resource that has lost its historic character or appearance may still have sufficient integrity for the CRHR if it maintains the potential to yield significant scientific or historical information or specific data.

The concept of integrity is essential to identifying the important physical characteristics of historical resources and in evaluating adverse changes to them. Integrity is defined as “the authenticity of a historical resource’s physical identity evidenced by the survival of characteristics that existed during the resource's period of significance.” The process of determining integrity is similar for both the California and National Registers, and the same seven variables or aspects to define integrity are used to evaluate a resource's eligibility for listing. These seven characteristics include: 1) location, 2) design, 3) setting, 4) materials, 5) workmanship, 6) feeling, and 7) association.

Senate Bill 18
The intent of SB 18 is to aid in the protection of traditional tribal cultural places through local land use planning by requiring city governments to consult with California Native American tribes on projects which include adoption or amendment of general plans (defined in Government Code Section 65300 et seq.) and specific plans (defined in Government Code Section 65450 et seq.). SB 18 requires local governments to consult with tribes prior to making certain planning decisions and to provide notice to tribes at certain key points in the planning process.

Assembly Bill 52
AB 52, effective July 2015, established a new category of resources for consideration by public agencies called Tribal Cultural Resources (TCRs). AB 52 requires lead agencies to provide notice of projects to tribes that are traditionally and culturally affiliated with the geographic area if they have requested to be notified. Where a project may have a significant impact on a tribal cultural resource, consultation is required until the parties agree to measures to mitigate or avoid a significant effect on a tribal cultural resource or until it is concluded that mutual agreement cannot be reached.

Under AB 52, TCRs are defined as follows:
• Sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe that are also either:
o Included or determined to be eligible for inclusion in the California Register of Historic Resources, or
o Included in a local register of historical resources as defined in Public Resources Code Section 5020.1(k).
• A resource determined by the lead agency to be a TCR.

California Native American Historical, Cultural, and Sacred Sites Act The California Native American Historical, Cultural, and Sacred Sites Act applies to both state and private lands. The act requires that upon discovery of human remains, construction or excavation activity must cease and the county coroner be notified. 2023-2031 Housing Element Update 87 Initial Study
City of San Bruno December 2022 (Revised January 2023)
Public Resources Code Sections 5097 and 5097.98
Section 15064.5 of the CEQA Guidelines specifies procedures to be used in the event of an unexpected discovery of Native American human remains on non-federal land. These procedures are outlined in Public Resources Code Sections 5097 and 5097.98. These codes protect such remains from disturbance, vandalism, and inadvertent destruction, establish procedures to be implemented if Native American skeletal remains are discovered during construction of a project, and establish the Native American Heritage Commission (NAHC) as the authority to resolve disputes regarding disposition of such remains.

Pursuant to Public Resources Code Section 5097.98, in the event of human remains discovery, no further disturbance is allowed until the county coroner has made the necessary findings regarding the origin and disposition of the remains. If the remains are of a Native American, the county coroner must notify the NAHC. The NAHC then notifies those persons most likely to be related to the Native American remains. The code section also stipulates the procedures that the descendants may follow for treating or disposing of the remains and associated grave goods.

Local
City of San Bruno General Plan
Various policies in the City’s General Plan have been adopted for the purpose of avoiding or mitigating cultural impacts resulting from planned development within the City, including the following:

Policies Description
ERC-F Preserve and enhance historic and cultural resources within the city, particularly within the historic Downtown area.

ERC-36 Preserve historic structures and resources during reuse and intensification within the city’s older neighborhoods.

ERC-37 Designate the vicinity of Taylor Avenue, San Mateo Avenue, and El Camino Real as the beginning of the State Highway System as a historic landmark with a marker (Figure 6-2).

ERC-38 Work cooperatively with the owners of The Shops at Tanforan to preserve the historic marker on site (Figure 6-2).

ERC-39 Continue to protect archaeological sites and resources from damage. Require that areas found to contain significant indigenous artifacts be examined by a qualified archaeologist for recommendations concerning protection and preservation.

ERC-40 Ensure that new development adjacent to historic structures is compatible with the character of the structure and the surrounding neighborhood.

ERC-42 If demolition of a historical building is necessary for safety reasons, attempt to preserve the building façade for adaptive reuse during reconstruction. Offer funding through the Redevelopment Agency for façade preservation projects.

ERC-44 If, prior to grading or construction activity, an area is determined to be sensitive for paleontological resources, retain a qualified paleontologist to recommend appropriate actions. Appropriate action may include avoidance, preservation in place, excavation, documentation, and/or data recovery, and shall always include preparation of a written report documenting the find and describing steps taken to evaluate and protect significant resources. 2023-2031 Housing Element Update 88 Initial Study
City of San Bruno December 2022 (Revised January 2023)
Bayhill Specific Plan
As noted in Section 3.1.1.1, Housing Opportunity Sites 3 and 13 are located within the Bayhill Specific Plan area. Chapter Six of the Bayhill Specific Plan includes mandatory “Environmental Quality Policies”, including the following which pertain to cultural resources.

Policy 6-27
Policy 6-27 requires preparation of an Archaeological Monitoring Plan (AMP) by a qualified professional archaeologist prior to any project-related ground disturbance that outlines areas of archaeological sensitivity, if any, and includes protocol to follow if unanticipated archaeological or tribal cultural resources are encountered.

Policy 6-28
Policy 6-28 requires construction contractors to be trained in recognizing archaeological and tribal cultural resources.

Policy 6-29
Policy 6-29 requires all work to stop immediately if archaeological or tribal cultural resources are discovered during construction.

Policy 6-30
Policy 6-30 includes similar protections for human remains of Native American origin discovered during construction.

4.5.1.2 Existing Conditions
Archaeological Resources
Archaeological resources are traces of human occupation and activity. In Northern California, human occupation extends back to at least 9,000-11,500 years with Native American occupation and use of the Bay Area extending over 5,000-8,000 years and possibly longer. Native Americans at the time of Euro-American contact tended to live along the alluvial terraces and along historic Bay margins, there is potential for the discovery of Native American cultural resources within the City. Native American cultural resources have also been found in San Mateo County near sources of fresh water, including streams and creeks.

General Plan and Municipal Code Conforming Sites
Residential development at the densities proposed by the Housing Element Update (refer to Table 3.2 1) are allowed at Housing Opportunity Sites 6, 8, 10, 16, 18, and 19 under their existing General Plan land use designation and zoning designation, and therefore no General Plan amendments or rezoning is required. The existing conditions at these sites related to archaeological resources are discussed below.
2023-2031 Housing Element Update 89 Initial Study
City of San Bruno December 2022 (Revised January 2023)
Housing Opportunity Site 6
Housing Opportunity Site 6 is currently developed with multiple uses, including a privately operated golf driving range, parking lot storage for a private bus operator, and a maintenance building for the San Bruno Park School District. As discussed in Section 4.4.1.2, San Bruno Creek is located adjacent west of Site 6, indicating a moderate sensitivity for prehistoric archaeological resources.

Housing Opportunity Site 8
Housing Opportunity Site 8 is currently developed with the former Edgemont Elementary School campus. Site 8 is not adjacent to any waterways and has been extensively developed, and therefore has a low sensitivity for archaeological resources.

Housing Opportunity Sites 10 and 16
Housing Opportunity Sites 10 and 16 are vacant dirt lots that are located adjacent to each other on San Marco Avenue in an urbanized area developed with mostly single-family residential development and various commercial uses along the El Camino Real corridor to the immediate west of the sites. Based on historic aerials, Sites 10 and 16 have previously been developed with singlefamily residential uses.38 Due to the proximity of Sites 10 and 16 to historic Bay margins, the sites have a moderate sensitivity for archaeological resources. According to Figure 6-2 of the General Plan (refer to Figure 4.5-2), there are known historic resources in the vicinity of Sites 10 and 16, and therefore there is the potential for historic-era archaeological resources to be present at these sites.

Housing Opportunity Site 18
Housing Opportunity Site 18 is developed with a two-story office building. Although Site 18 has previously been developed, its proximity to the historic extent of San Bruno Creek and historic Bay margins suggests a moderate sensitivity for archaeological resources. In addition, Site 18 is located west opposite El Camino Real from the historic location of the (since demolished) JapaneseAmerican Tanforan Assembly Center, discussed below under Site 14, and therefore may contain historic-era archaeological resources.

Housing Opportunity Site 19
Housing Opportunity Site 19 is developed with a single-story building and surface parking lot.

Although Site 19 has previously been developed, its proximity to the historic extent of San Bruno Creek and historic Bay margins suggests a moderate sensitivity for archaeological resources. In addition, Site 19 is located west opposite El Camino Real from the historic location of the (since demolished) Japanese-American Tanforan Assembly Center, discussed below under Site 14, and therefore may contain historic-era archaeological resources. 38 Historic Aerials by NetrOnline. “Historic Aerials Viewer”. Accessed September 12, 2022. https://www.historicaerials.com/viewer.
2023-2031 Housing Element Update 90 Initial Study
City of San Bruno December 2022 (Revised January 2023)
Transit Corridors Plan Area Sites
As noted in Section 3.1.1.1, Housing Opportunity Sites 1, 2, 4, 5, 7, 9, 11, 12, 15, 17, 20, 21, 22, and 23 are located within the TCP area. According to the San Bruno TCP EIR, numerous Native American resources have been recorded in the general vicinity, and the three creeks that historically traversed the TCP area, and the area’s location along the Bay margin, indicate that the TCP area has a high archaeological sensitivity.

Based on a March 2003 Historic Resources Inventory of the San Bruno Redevelopment Project Area (refer to Figure 4.5-2), there are 10 historical resources within the TCP area and four historical resources immediately adjacent to the TCP area. Sites within the TCP area are sensitive for historicera archaeological resources.

Bayhill Specific Plan Area Sites
As noted in Section 3.1.1.1, Housing Opportunity Sites 3 and 13 are located within the Bayhill Specific Plan area. According to the Bayhill Specific Plan EIR, there are four previously recorded pre-contact habitation sites, and the historic extent of San Bruno Creek intersected the Bayhill Specific Plan area. As a result, sites within the Bayhill Specific Plan area are sensitive for undiscovered prehistoric and historic-era archaeological resources.

Historically, Site 14 was used for horse raising and grazing since the early days of the Spanish occupation on the Peninsula. Site 14 lies within the former Tanforan Racetrack complex, which opened in 1899 and held races of all types, from horse races to races between cars and airplanes, before it burned down in 1964. The Tanforan Racetrack was the takeoff site of the first flight ever on the West Coast and the first ever aircraft carrier takeoff and landing in 1911, from the U.S.S.

Pennsylvania. During World War II, the Tanforan Racetrack was converted into the Tanforan Assembly Center, a detention camp for Japanese Americans. The Tanforan Assembly Center was one of 13 temporary detention camps in California and is a Registered Historic Landmark, #934. Though the racetrack and associated buildings were removed when the site was redeveloped as a shopping mall in 1971, all of the parcels within Site 14 are located within the mapped area of the Tanforan Assembly Center.

The Cultural Resources Sensitivity Report concluded that Site 14 has a low sensitivity for prehistoric-era archaeological resources due to lack of nearby waterways and the fact that the nearest archaeological resource recovery site is located over 2,000 feet away. Due to Site 14’s association with the Tanforan Racetrack and Tanforan Assembly Center, the areas shown on Figure 4.5-1 are sensitive for historic-era archaeological resources.
2023-2031 Housing Element Update
City of San Bruno
91 Initial Study
December 2022 (Revised January 2023)
Source: Archaeological/Historical Consultants.

AREAS SENSITIVE FOR HISTORIC-ERA ARCHAEOLOGICAL RESOURCES FIGURE 4.5-1 2023-2031 Housing Element Update 92 Initial Study
City of San Bruno December 2022 (Revised January 2023)
Historic Resources
In March 2003, the City conducted a Historic Resources Inventory which mapped historic resources within the Redevelopment Area (refer to Figure 3-1 in the General Plan), which encompassed all Housing Opportunity Sites with the exception of Sites 3, 6, and 13. Figure 4.5-2 of this Initial Study shows the location of all mapped historic resources within the Redevelopment Area relative to the Housing Opportunity Sites.

General Plan and Municipal Code Conforming Sites
As shown on Figure 4.5-2, there are no historic resources present on Housing Opportunity Sites 6, 8, 10, 16, 18, and 19; however, several historic buildings are located between 250 to 650 feet from Sites 10 and 16.

Transit Corridors Plan Area Sites
As discussed above, a March 2003 Historic Resources Inventory of the San Bruno Redevelopment Project Area identified 10 listed historical resources within the Transit Corridors Area and 4 listed historical resources immediately adjacent to the Transit Corridors Area. As shown Figure 4.5-2, there are no historic resources present on Housing Opportunity Sites 1, 2, 4, 5, 7, 9, 11, 12, 15, 17, 20, 22 and 23. At the time of the Historic Resources Inventory, the building located on Site 21 was identified as a historic resource; this building was demolished in 2008. As such, there is no longer a historic resource present at Site 21.

Bayhill Specific Plan Area Sites
As noted in Section 3.1.1.1, Housing Opportunity Sites 3 and 13 are located within the Bayhill Specific Plan area. According to the Bayhill Specific Plan EIR, none of the existing buildings within the Bayhill Specific Plan area are eligible for listing or listed on any federal, state, or local register of historic resources.

Housing Opportunity Site 14
As discussed above, Site 14 consists of 1122-1188 El Camino Real/300 Tanforan Shopping Center, which is developed with the Shops at Tanforan shopping mall, and 1292 Huntington Avenue, which is located opposite the Shops at Tanforan across the Sneath Lane/Huntington Avenue intersection and is developed with a vacant paved lot. The original Shops at Tanforan development was originally constructed in 1971; it underwent major renovations in 2005 which included a new entrance and expansion at the west elevation and extensive tenant improvements to the Century Theatre and associated parking lot (1188 El Camino Real) were added in 2007.

As discussed previously in this section, during World War II, the Tanforan Racetrack was converted into the Tanforan Assembly Center, a detention camp for Japanese Americans. The Tanforan Assembly Center was one of 13 temporary detention camps in California and is a California Historic Landmark (#934.09). The racetrack and associated buildings were removed when the site was redeveloped as a shopping mall in 1971. The listing of the site as a California Historic Landmark #934.09 is commemorative, given none of the features related to the Tanforan Assembly Center remain, i.e. no integrity exists for historic resources related to the center. 19 21
20 7
12 6
9 4 2 8
5 23
22 17
10 18
13 14
3 1
15 11
16 FEET
10 0 500 1000 2000
acres
Historic Resource
Contributing Building
in a Historic District
California point of
historical interest
Cupid’s Row Historic District
Historic margin of San Francisco
Bay (extent of wetlands)
City Limits
Source: City of San Bruno, Historical Resource Inventory:

San Bruno Redevelopment Project , March 2003
Bayhill Specific
Plan Boundary
Transit Oriented
Development Overlay
LOCATION OF KNOWN HISTORIC RESOURCES RELATIVE TO HOUSING OPPORTUNITY SITES FIGURE 4.5-2 City2023-2031 Housing Element Update
of San Bruno
93 Initial Study
December 2022 (Revised January 2023)
2023-2031 Housing Element Update 94 Initial Study
City of San Bruno December 2022 (Revised January 2023)
California Historic Landmark #934.09 is identified by the Tanforan Assembly Center Private Marker located at 1150 El Camino Real in front of the western entrance to the Shops at Tanforan.

At the time of the 2003 Historic Resources Inventory (which occurred prior to the 2005 renovations), the Shops at Tanforan development was less than 50 years in age, and found to be ineligible for listing on any federal, state, or local register of historic resources. The Shops at Tanforan are now greater than 50 years in age, although extensive alterations and new construction have occurred over time that have altered the integrity of the site from its 1971 condition. As shown on Figure 4.5-2, Site 14 is not located within a historic district.

4.5.2 Impact Discussion
Potentially
Significant
Impact
Less than
Significant
with Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
1) Cause a substantial adverse change in the
significance of a historical resource pursuant
to CEQA Guidelines Section 15064.5?
2) Cause a substantial adverse change in the
significance of an archaeological resource
pursuant to CEQA Guidelines Section
15064.5?
3) Disturb any human remains, including those
interred outside of dedicated cemeteries?
Impact CUL-1: The project would not cause a substantial adverse change in the significance of a historical resource pursuant to CEQA Guidelines Section 15064.5. (Less than Significant Impact with Mitigation Incorporated)
As discussed in Section 4.5.1.2, a Historic Resources Inventory was prepared in March 2003 which mapped historic resources within the Redevelopment Area (refer to Figure 3-1 in the General Plan), which encompassed all Housing Opportunity Sites with the exception of Sites 3, 6, and 13. Of the Housing Opportunity Sites mapped, only Site 21 was developed with a historic resource. This resource was subsequently demolished in 2008.

As discussed in Section 4.5.1.2, Site 14 is the former site of the Tanforan Assembly Center, California Historic Landmark #934.09, which commemorates the historic use of the site as a detention camp for Japanese Americans during World War II. None of the features related to the Tanforan Assembly Center remain. California Historic Landmark #934.09 is identified by the Tanforan Assembly Center Private Marker located at 1150 El Camino Real in front of the western entrance to the Shops at Tanforan. The site is currently developed with the Shops at Tanforan development, which was not identified as a historic resource in the 2003 Historic Resource Inventory or mapped within a historic district, as the current development dates from 1971. Properties under 50 years in age must be of ‘exceptional importance’ in order to be eligible for listing as a historic resource. In 2003, the Shops at Tanforan were 32 years old, and were not found to constitute an 2023-2031 Housing Element Update 95 Initial Study
City of San Bruno December 2022 (Revised January 2023)
historic resource as part of the 2003 inventory. Although the Shops at Tanforan were not identified as historic in the 2003 inventory and subsequently underwent major renovations in 2005, the Shops at Tanforan are now more than 50 years old and may now be eligible under the criteria for properties greater than 50 years in age (refer to Section 4.1.1.1).

It is reasonably foreseeable that future development proposals for redevelopment of Site 14 with residential uses may entail the demolition of the Shops at Tanforan and/or the removal of California Historic Landmark #934.09, or the construction of development around Shops at Tanforan that could reduce its potential historic significance.

Mitigation Measures:

MM CUL-1.1: Prior to approval, the 2023-2031 Housing Element shall include a policy requiring future development at Housing Opportunity Site 14 to comply with the following measures:
a. Removal or alteration of the commemorative features of California Historic Landmark #934 shall be prohibited, and must be incorporated into any future development proposals for Site 14.
b. As part of the future project-level CEQA analysis of any discretionary permit that would allow the demolition of the existing buildings located at Site 14, a Historic Resource Evaluation (HRE) shall be prepared by a qualified architect or architectural historian approved by the City and meeting the Secretary of the Interior's Professional Qualifications Standards published in the Code of Federal Regulations (36 CFR part 61).

The HRE shall evaluate whether any of the existing buildings meet the definition of a historic resource pursuant to CEQA Guidelines Section 15064.5. If the existing buildings do not meet the definition of a historic resource, demolition may proceed. If the HRE finds that any of the existing buildings at Site 14 meet the definition of a historic resource, demolition of buildings eligible for listing as a historic resource shall be prohibited.
c. In the event that any buildings meeting the definition of a historic resource pursuant to CEQA Guidelines Section 15064.5 are identified, future development proposals for Site 14 shall be reviewed for compliance by a qualified architect or architectural historian approved by the City and meeting the Secretary of the Interior's Professional Qualifications Standards published in the Code of Federal Regulations (36 CFR part 61) with one or both of the following standards prior to issuance of any discretionary permits that would allow modifications to the existing buildings or new construction on Site 14:
• Secretary of Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings; or
2023-2031 Housing Element Update 96 Initial Study
City of San Bruno December 2022 (Revised January 2023)
• Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (1995), Weeks and Grimmer.

Implementation of MM CUL-1.1 would ensure that prior to any activities which could cause a substantial adverse change in the significance of any historic resources that may be present at the Shops at Tanforan development located on Site 14, a Historic Resources Evaluation would be prepared that determines whether any of the existing buildings at Site 14 meet the definition of a historic resource pursuant to CEQA Guidelines Section 15064.5. Demolition, modification, or construction activities which could adversely affect the significance any buildings eligible for listing as a historic resource would require the completion of project-level CEQA review, including consideration of preservation and adaptive reuse alternatives. Therefore, implementation of the Housing Element as amended by MM CUL-1.1 would ensure that future redevelopment of Site 14 would not cause a substantial adverse change in the significance of a historical resource pursuant to CEQA Guidelines Section 15064.5.

Impact CUL-2: The project would not cause a substantial adverse change in the significance of an archaeological resource pursuant to CEQA Guidelines Section 15064.5. (Less than Significant Impact with Mitigation Incorporated) General Plan and Municipal Code Conforming Sites
As documented in Section 4.5.1.2, Sites 6, 10, 16, 18, and 19 are sensitive for prehistoric- and/or historic-era archaeological resources. While Site 8 has a low sensitivity for either prehistoric- or historic-era archaeological resources, the potential remains for archaeological resources to be encountered during ground-disturbing activities associated with future development at Site 8 and Sites 6, 10, 16, 18, and 19.

Mitigation Measures:

MM CUL-2.1: Prior to approval, the 2023-2031 Housing Element shall include a policy requiring future development at Housing Opportunity Sites 6, 8, 10, 16, 18, and 19 to comply with the following measures:
a. If evidence of an archaeological site or other suspected cultural resource as defined by CEQA Guideline Section 15064.5, including darkened soil representing past human activity (“midden”), that could conceal material remains (e.g., worked stone, worked bone, fired clay vessels, faunal bone, hearths, storage pits, or burials) is discovered during construction related earth-moving activities, all ground-disturbing activity within 100 feet of the resources shall be halted and the City Planning Manager shall be notified. The project sponsor shall hire a qualified archaeologist to conduct a field investigation. The City’s Planning Manager shall consult with the archaeologist to assess the significance of the find. Impacts to any significant resources shall be mitigated to a less-than-significant level through data recovery or other methods determined adequate by a 2023-2031 Housing Element Update 97 Initial Study
City of San Bruno December 2022 (Revised January 2023)
qualified archaeologist and that are consistent with the Secretary of the Interior’s Standards for Archaeological documentation. Any identified cultural resources shall be recorded on the appropriate DPR 523 (A-J) form and filed with the NWIC.
b. Prior to the initiation of any site preparation and/or the start of construction, the project sponsor shall ensure that all construction workers receive training overseen by a qualified professional archaeologist who is experienced in teaching non-specialists, to ensure that contractors can recognize archaeological resources in the event that any are discovered during construction.

With implementation of MM CUL-2.1, any undiscovered subsurface archaeological resources encountered during construction would be identified, evaluated and appropriately treated in accordance with the recommendations of a qualified archaeologist. Accordingly, the buildout of Housing Opportunity Sites 6, 8, 10, 16, 18, and 19 would not cause a substantial adverse change in the significance of an archaeological resource. (Less than Significant Impact with Mitigation Incorporated)
Transit Corridors Plan Area Sites
As discussed in Section 4.5.1.2, the TCP EIR concluded that the TCP area (which encompasses Housing Opportunity Sites 1, 2, 4, 5, 7, 9, 11, 12, 15, 17, 20, 22 and 23) is sensitive for prehistoricand historic-era archaeological resources. Future development at the Housing Opportunity Sites within the TCP area would be required to adhere to the following mitigation measure imposed by the TCP EIR.
• TCP Mitigation Measure 7-1: If prehistoric or historic-period archaeological resources are encountered during future grading or excavation in the Transit Corridors Area, work shall avoid altering the materials and their context until a qualified professional has evaluated, recorded and determined appropriate treatment of the resource, in consultation with the City.

Project personnel shall not collect cultural resources. Cultural resources shall be recorded on DPR 523 historic resource recordation forms. If it is determined that the proposed development could damage a unique archaeological resource, mitigation shall be implemented in accordance with Public Resources Code Section 21083.2 and Section 15126.4 of the CEQA Guidelines, with a preference for preservation in place.

The Housing Element Update would not change any of the development assumptions of the TCP EIR, which concluded that implementation of the above mitigation measures would reduce potential impacts to prehistoric- and historic-era archaeological resources to a less than significant level.

Accordingly, buildout of the Housing Opportunity Sites within the TCP area would have a less than significant impact on archaeological resources with adherence to TCP Mitigation Measure 7-1 as required by the TCP EIR. (Less than Significant Impact with Mitigation Incorporated) Bayhill Specific Plan Area Sites
Housing Opportunity Sites 3 and 13 are located within the Bayhill Specific Plan area. Future development within the Bayhill Specific Plan area would be required to comply with the General 2023-2031 Housing Element Update 98 Initial Study
City of San Bruno December 2022 (Revised January 2023)
Plan and Bayhill Specific Plan policies identified in Section 4.5.1.1, specifically, General Plan Policy ERC-39 and Bayhill Specific Plan policies 6-27, 6-28, and 6-29. Prior to any project-related ground disturbance, Policies 6-27 and 6-28 require construction contractors to be trained in recognizing archaeological and tribal cultural resources, and preparation of an AMP by a qualified professional archaeologist prior to any project-related ground disturbance that outlines areas of archaeological sensitivity, if any, and includes protocol to follow if unanticipated archaeological or tribal cultural resources are encountered. Policy 6-29 requires all work to stop immediately if archaeological or tribal cultural resources are discovered during construction, and Policy ERC-39 requires areas found to contain significant indigenous artifacts be examined by a qualified archaeologist for recommendations concerning protection and preservation. Adherence with the aforementioned policies would ensure that any undiscovered subsurface archaeological resources encountered during construction would be identified, evaluated and appropriately treated in accordance with the recommendations of a qualified archaeologist. Accordingly, the buildout of Housing Opportunity Sites 3 and 13 would not cause a substantial adverse change in the significance of an archaeological resource. (Less than Significant Impact)
As discussed in Section 4.5.1.2, the Cultural Resources Sensitivity Report concluded that Site 14 has a low sensitivity for prehistoric-era archaeological resources, but is sensitive for historic-era archaeological resources associated with the Tanforan Racetrack and Tanforan Assembly Center in the areas shown on Figure 4.5-1. Ground-disturbing activities associated with future development of Site 14 have the potential to encounter and destroy undiscovered subsurface prehistoric and historicera archaeological resources, if present on site.

Mitigation Measures:

MM CUL-2.2: Prior to approval, the 2023-2031 Housing Element shall include a policy requiring future development at Housing Opportunity Site 14 to comply with the following measures:
a. As part of the future project-level CEQA analysis of any discretionary permits that would allow ground-disturbing activities (e.g., grading, trenching, excavation, etc.) in the archaeological sensitive areas shown on Figure 4.5-1, exploratory trenching shall be conducted by a qualified archaeologist trained in both local prehistoric and historical archaeology within the proposed area of effect to determine if prehistoric- or historicera archaeological resources are present. Explorations shall consist of at least one mechanically dug trench with excavation depths commensurate with the depth of proposed ground-disturbing activities. If any archaeological resources are exposed, these should be briefly documented, tarped for protection, and left in place. The results of the exploratory trenching shall be submitted to the Director of Community and Economic Development or the Director’s designee. If it is determined by the project archaeologist that the proposed activities could damage an archaeological resource or that indications of other suspected archaeological resources are present (i.e., darkened soil “midden” representing past human activity), an Archaeological Resources Treatment Plan shall be prepared as described in MM CUL-2.1b below. 2023-2031 Housing Element Update 99 Initial Study
City of San Bruno December 2022 (Revised January 2023)
b. If recommended by the project archaeologist, an Archaeological Resources Treatment Plan shall be prepared by the project archaeologist that contains, at minimum:
• Identification of the scope of work and range of subsurface effects (including location map and development plan), including requirements for preliminary field investigations.
• Description of the environmental setting (past and present) and the historic/prehistoric background of the parcel (potential range of what might be found).
• Monitoring schedules and individuals
• Development of research questions and goals to be addressed by the investigation (what is significant vs. what is redundant information).
• Detailed field strategy to record, recover, or avoid the finds and address research goals.
• Analytical methods.
• Report structure and outline of document contents.
• Disposition of the artifacts.
• Security approaches or protocols for finds.
• Appendices: all site records, correspondence, and consultation with Native Americans, etc.

Implementation of the treatment plan by the project archaeologist shall be required prior to the issuance of any permits related to ground-disturbing activities. The treatment plan shall utilize data recovery methods to reduce impacts on subsurface resources. The treatment plan shall be submitted to the Director of Community and Economic Development or the Director’s designee, along with a summary of the outcomes of the treatment plan and all associated documentation and recordation.

MM CUL-2.3: Prior to approval, the 2023-2031 Housing Element shall include a policy requiring future development at Housing Opportunity Site 14 to comply with the following measures:
a. Prior to the issuance of any discretionary permits that would allow ground-disturbing activities (e.g., grading, trenching, excavation, etc.) within the non-sensitive areas mapped on Figure 4.5-1, the project applicant shall hire a qualified archaeologist to develop a Worker’s Environmental Awareness Program (WEAP) to train the construction crew on the legal requirements for the treatment of cultural resources as well as procedures to follow in the event of a cultural resources discovery. This training program shall be given to the crew before ground disturbing work commences and shall include handouts to be given to new workers.
2023-2031 Housing Element Update 100 Initial Study
City of San Bruno December 2022 (Revised January 2023)
b. The applicant shall note on all construction plans that require ground disturbing activities that there is a potential for exposing buried cultural resources including prehistoric Native American burials. c. In the event that potentially significant archaeological resources are encountered during ground-disturbing activities occurring at Site 14, all activity within a 50-foot radius of the find shall be stopped, the Director of Community and Economic Development or the Director's designee shall be notified, and the project archaeologist shall examine the find. The project archaeologist shall (1) evaluate the find(s) to determine if they meet the definition of an archaeological resource; and (2) make appropriate recommendations regarding the disposition of such finds prior to issuance of building permits. Recommendations could include collection, recordation, and analysis of any significant cultural materials.

A report of findings documenting any data recovery shall be submitted to the Director of Community and Economic Development or the Director's designee and the Northwest Information Center (if applicable).

Implementation of MM CUL-2.1a would require exploratory trenching to be conducted prior to any future development proposed within the archaeologically sensitive areas shown on Figure 4.5-1. If any archaeological resources or indications of archaeological resources are identified, MM CUL-2.1b would require preparation of an Archaeological Resources Treatment Plan that would ensure all archaeological resources present in the archaeologically sensitive areas of Site 14 that could be affected by future development are identified, evaluated, and appropriately treated in accordance with the recommendations of a qualified archaeologist and the requirements of CEQA.

Although it is unlikely that undiscovered subsurface archaeological resources are present in the nonsensitive areas of Site 14 shown on Figure 4.5-1, implementation of MM CUL-2.2a and 2.2b would ensure workers are alerted to the potential presence of archaeological resources and trained to follow the proper procedures in the event of a discovery. MM CUL-2.2c would ensure that any resources encountered are identified, evaluated, and appropriately treated in accordance with the recommendations of a qualified archaeologist and the requirements of CEQA.

For the reasons outlined above, implementation of the Housing Element as amended by MM CUL2.1 and MM CUL-2.2 would ensure that future residential development at Site 14 does not cause a substantial adverse change in the significance of an archaeological resource pursuant to CEQA Guidelines Section 15064.5.

Impact CUL-3: The project would not disturb any human remains, including those interred outside of dedicated cemeteries. (Less than Significant Impact with Mitigation Incorporated)
Housing Opportunity Sites 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15, 16, 17, 20, 22 and 23 Human graves are most often associated with prehistoric occupation sites. As discussed in Section

4.5.1.2 Existing Conditions, no known prehistoric sites are present at any of the Housing Opportunity Sites. However, the potential exists for human remains, including Native American remains, to be 2023-2031 Housing Element Update 101 Initial Study
City of San Bruno December 2022 (Revised January 2023)
unearthed during future development under the Housing Element Update, specifically during grounddisturbing activities (e.g., grading, trenching, excavation, etc.).

Mitigation Measures:

MM CUL-3.1: Prior to approval, the 2023-2031 Housing Element shall include a policy requiring future development at Housing Opportunity Sites 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15, 16, 17, 20, 22 and 23 to comply with the following measures:
a. If human remains are discovered at any project construction site during any phase of construction, all ground-disturbing activity within 100 feet of the resources shall be halted and the City’s Planning Manager and the San Mateo County Coroner shall be notified immediately, according to Section 5097.98 of the State Public Resources Code and Section 7050.5 of California’s Health and Safety Code. If the remains are determined by the County coroner to be Native American, the Native American Heritage Commission (NAHC) shall be notified within 24 hours, and the guidelines of the NAHC shall be adhered to in the treatment and disposition of the remains. The project sponsor shall also retain a professional archaeologist with Native American burial experience to conduct a field investigation of the specific site and consult with the Most Likely Descendant, if any, identified by the NAHC. As necessary, the archaeologist may provide professional assistance to the Most Likely Descendant, including the excavation and removal of the human remains.

The City of San Bruno shall be responsible for approval of recommended mitigation as it deems appropriate, taking account of the provisions of State law, as set forth in CEQA Guidelines section 15064.5(e) and Public Resources Code section 5097.98. The project sponsor shall implement approved mitigation, to be verified by the City of San Bruno, before the resumption of ground-disturbing activities within 100 feet of where the remains were discovered.

Implementation of MM CUL-3.1 would ensure that any human remains encountered during future development are subject to timely identification, analysis, documentation, and removal in accordance with state and local laws. Therefore, implementation of the Housing Element as amended by MM CUL-3.1 would ensure that future residential development at Sites 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15, 16, 17, 20, 22 and 23 would not disturb any human remains.

Bayhill Specific Plan Area Sites
Housing Opportunity Sites 3 and 13 are located within the Bayhill Specific Plan area. Future development within the Bayhill Specific Plan area would be required to comply with the Specific Plan policies identified in Section 4.5.1.1, specifically, Policy 6-30. If human remains are encountered during construction, Policy 6-30 requires construction activities in the area of discovery and surrounding vicinity to cease until the county coroner has been notified and all applicable legal requirements have been implemented. If human remains of Native American origin are discovered during ground-disturbing activities, construction contractors are required to comply with state laws 2023-2031 Housing Element Update 102 Initial Study
City of San Bruno December 2022 (Revised January 2023)
regarding the disposition of Native American burials, which fall within the jurisdiction of the Native American Heritage Commission as required by Public Resources Code Section 5097. Adherence with Policy 6-30 as required by the Bayhill Specific Plan would ensure that any human remains encountered during future development at Sites 3 and 13 are subject to timely identification, analysis, documentation, and removal in accordance with state and local laws. Accordingly, buildout of Sites 3 and 13 would not disturb human remains. (Less than Significant Impact). 2023-2031 Housing Element Update 103 Initial Study
City of San Bruno December 2022 (Revised January 2023)

4.6 ENERGY
The following discussion is based, in part, on an Air Quality and Greenhouse Gas Assessment prepared for the Housing Element Update by Illingworth & Rodkin, Inc. A copy of this report, dated September 2022, is attached to this Initial Study as Appendix A.

4.6.1 Environmental Setting

4.6.1.1 Regulatory Framework
Federal and State
Energy Star and Fuel Efficiency
At the federal level, energy standards set by the EPA apply to numerous consumer products and appliances (e.g., the EnergyStar™ program). The EPA also sets fuel efficiency standards for automobiles and other modes of transportation.

Renewables Portfolio Standard Program
In 2002, California established its Renewables Portfolio Standard Program, with the goal of increasing the percentage of renewable energy in the state's electricity mix to 20 percent of retail sales by 2010. Governor Schwarzenegger issued Executive Order (EO) S-3-05, requiring statewide emissions reductions to 80 percent below 1990 levels by 2050. In 2008, EO S-14-08 was signed into law, requiring retail sellers of electricity serve 33 percent of their load with renewable energy by 2020. In October 2015, Governor Brown signed SB 350 to codify California’s climate and clean energy goals. A key provision of SB 350 requires retail sellers and publicly owned utilities to procure 50 percent of their electricity from renewable sources by 2030. SB 100, passed in 2018, requires 100 percent of electricity in California to be provided by 100 percent renewable and carbon-free sources by 2045.

Executive Order B-55-18 To Achieve Carbon Neutrality
In September 2018, Governor Brown issued an executive order, EO-B-55-18 To Achieve Carbon Neutrality, setting a statewide goal “to achieve carbon neutrality as soon as possible, and no later than 2045, and achieve and maintain net negative emissions thereafter.” The executive order requires CARB to “ensure future Scoping Plans identify and recommend measures to achieve the carbon neutrality goal.” EO-B-55-18 supplements EO S-3-05 by requiring not only emissions reductions, but also that, by no later than 2045, the remaining emissions be offset by equivalent net removals of CO2 from the atmosphere through sequestration.

California Building Standards Code
The California Building Energy Efficiency Standards (California Energy Code) is under Title 24, Part 6 and is overseen by the California Energy Commission (CEC). This code includes design requirements to conserve energy in new residential and non-residential developments, while being cost effective for homeowners. The Energy Code is enforced and verified by cities during the planning and building permit process. The current energy efficiency standards (2019 Energy Code) replaced the 2016 Energy Code as of January 1,2020.
2023-2031 Housing Element Update 104 Initial Study
City of San Bruno December 2022 (Revised January 2023)
The California Green Building Standards Code (CALGreen Code) is part of the California Building Standards Code under Title 24, Part 11. The CALGreen Code provides sustainable construction standards that involve planning/design, energy efficiency, water efficiency resource efficiency, and environmental quality. These green building standard codes are mandatory statewide and are applicable to residential and non-residential developments. The most recent CALGreen Code (2019 California Building Standard Code) was effective as of January 1, 2020.

Requirements for electric vehicle (EV) charging infrastructure are set forth in Title 24, Part 11 of the California Code of Regulations and are regularly updated on a 3-year cycle. The CALGreen standards consist of a set of mandatory standards required for new development, as well as two more voluntary standards known as Tier 1 and Tier 2. The CalGreen standards have recently been updated (2022 version) to require deployment of additional EV chargers in various building types, including multifamily residential and nonresidential land uses. They include requirements for both EV capable parking spaces and the installation of Level 2 EV supply equipment for multifamily residential and nonresidential buildings. The 2022 CALGreen standards include requirements for both EV readiness and the actual installation of EV chargers. The 2022 CALGreen standards include both mandatory requirements and more aggressive voluntary Tier 1 and Tier 2 provisions.

Advanced Clean Cars Program
CARB adopted the Advanced Clean Cars program in 2012 in coordination with the EPA and National Highway Traffic Safety Administration. The program combines the control of smogcausing pollutants and GHG emissions into a single coordinated set of requirements for vehicle model years 2015 through 2025. The program promotes development of environmentally superior passenger cars and other vehicles, as well as saving the consumer money through fuel savings.39 Regional and Local
Peninsula Clean Energy 2018 Integrated Resource Plan
Peninsula Clean Energy adopted the 2018 Integrated Resource Plan on December 14, 2017 to provide guidance for serving the electricity needs of the residents and businesses in the County, all while fulfilling regulatory requirements over a 10-year period from 2018-2027. The plan contains the following strategic goals that are relevant to the Housing Element Update:
• Design a diverse power portfolio that is greenhouse gas free:
o 100% GHG free by 2021;
o 100% Renewable Portfolio Standard (RPS)-eligible renewable energy by 2025; o Minimum of 20 MWs of new local power by 2025.
• Stimulate development of new renewable energy projects and clean-tech innovation in San Mateo County and California through Peninsula Clean Energy’s procurement activities • Implement programs to further reduce greenhouse gas emissions by investing in programs such as local clean power production, electric vehicles, energy efficiency, and demand 39 California Air Resources Board. “The Advanced Clean Cars Program.” Accessed October 24, 2022. https://ww2.arb.ca.gov/our-work/programs/advanced-clean-cars-program 2023-2031 Housing Element Update 105 Initial Study
City of San Bruno December 2022 (Revised January 2023)
response, and partnering effectively with local businesses, schools, and nonprofit organizations
Peninsula Clean Energy meets its renewable energy requirements with a combination of RPS-eligible energy products. According to the 2018 Integrated Resource Plan, Peninsula Clean Energy procured enough renewable energy to meet a 50 percent voluntary target as of 2017. The proportion of Peninsula Clean Energy’s resource mix that is sourced from bundled renewable energy products will significantly increase as Peninsula Clean Energy transitions toward 100 percent renewable energy content in 2025. Based on targeted renewable energy percentages, Peninsula Clean Energy intends to significantly outpace California’s annual RPS procurement mandates throughout the 2018-2027 planning period.

City of San Bruno General Plan
Various policies and actions of the City of San Bruno General Plan have been adopted for the purpose of avoiding or mitigating energy impacts resulting from planned development within the City, including the following:

Policies Description
PFS-62 Develop and implement a Green Building Design Ordinance and design guidelines for climate-oriented site planning, building design, and landscape design to promote energy efficiency. These standards may include, but are not limited to, the following:
• Require the use of Energy Star ® appliances and equipment in new residential and commercial development, and new City facilities;
• Require all new City facilities and new residential development to incorporate green building methods meeting the equivalent of LEED Certified “Silver” rating or better; and
• Require all new residential development to be pre-wired for optional photovoltaic roof energy systems and/or solar water heating.

PFS-63 Require that all new development complies with California’s Energy Efficiency Standards for Residential and Nonresidential Buildings (Title 24, Part 6).

PFS-65 Require new development to incorporate passive heating and natural lighting strategies if feasible and practical. These strategies should include, but are not limited to, the following:
• Using building orientation, mass and form, including façade, roof, and choice of building materials, color, type of glazing, and insulation to minimize heat loss during winter months and heat gain during the summer months;
• Designing building openings to regulate internal climate and maximize natural lighting, while keeping glare to a minimum; and
• Reducing heat-island effect of large concrete roofs and parking surfaces.

PFS-66 Enforce landscape requirements that facilitate efficient energy use or conservation, such as drought-resistant landscaping and/or deciduous trees along southern exposures. 2023-2031 Housing Element Update 106 Initial Study
City of San Bruno December 2022 (Revised January 2023)
Policies Description
PFS-70 Facilitate environmentally sensitive construction practices by:
• Restricting use of chlorofluorocarbons (CFCs), hydrochlorofluorocarbons (HCFCs) and halons in mechanical equipment;
• Promoting use of products that are durable and allow efficient end-of-life disposal (e.g. reusable, recyclable, biodegradable);
• Promoting the purchase of locally or regionally available materials; and • Promoting the use of cost-effective design and construction strategies that reduce resource and environmental impacts.

PFS-71 Convert street lights and traffic signals to LED and other more efficient technologies as they become available.

Transit Corridors Plan
As noted in Section 3.1.1.1, Housing Opportunity Sites 1, 2, 4, 5, 7, 9, 11, 12, 15, 17, 20, 21, 22, and 23 are located within the TCP area. The TCP includes development standards and design guidelines that govern future private development actions in the TCP area, including the following which pertain to energy.

Policies Description
A10-11 Encourage the installation of solar panels on roof-decks of parking structures, both as shading devices for vehicles and as a sustainable energy source.

A10-12 Provide preferred parking for alternative energy vehicles and charging stations for electric powered vehicles. Provide dedicated parking for car-share vehicles.

A14-1 Orient courtyards, open spaces and façades to the south to maximize heat gain and natural sunlight
A14-2 Minimize building heights on the north side of developments to reduce shadows.

A14-8 Provide operable windows wherever possible to allow passive ventilation, heating and cooling.

A15-5 Encourage solar panels on building rooftops and/or façades to supplement the energy source.

A15-8 Encourage the use of “cool and/or green” roofs to reduce heat island effect and thereby reduce the heat transferred into the building below. Cool roofs consist of materials that effectively reflect the sun’s energy. Alternatively, green roofs achieve the same purpose and include vegetation to harvest rainwater for reuse and diminish runoff.

Bayhill Specific Plan
As noted in Section 3.1.1.1, Housing Opportunity Sites 3 and 13 are located within the Bayhill Specific Plan area. Chapter Six of the Bayhill Specific Plan includes mandatory “Environmental Quality” policies, including the following which pertain to energy. 2023-2031 Housing Element Update 107 Initial Study
City of San Bruno December 2022 (Revised January 2023)
Policy 3-25
Policy 3-25 requires projects to integrate solar panels, natural light and ventilation, cool/green roofs and walls, sustainable building materials, and building placement and orientation that allows for natural cooling and passive solar heating into building designs.

Policy 6-15
Policy 6-15 requires projects to meet LEED Silver Certification requirements or equivalent, employ electric space and water heating appliances, and cover 30 percent of their roofs with solar panels.

Policy 6-17
Policy 6-17 encourages projects to participate in local government- and utility-run programs to promote energy efficiency and reduce GHG emissions.

4.6.1.2 Existing Conditions
Total energy usage in California was approximately 6,957 trillion British thermal units (Btu) in the year 2020, the most recent year for which this data was available.40 Out of the 50 states, California is ranked second in total energy consumption and 49th in energy consumption per capita. The breakdown by sector was approximately 21 percent (1,508 trillion Btu) for residential uses, 19.6 percent (1,358 trillion Btu) for commercial uses, 24.6 percent (1,701 trillion Btu) for industrial uses, and 34 percent (2,356 trillion Btu) for transportation.41 This energy is primarily supplied in the form of natural gas, petroleum, nuclear electric power, and hydroelectric power which originate from a diverse set of international, national, state and regional sources.

Electricity
Electricity in San Mateo County in 2020 was consumed primarily by the non-residential sector (60 percent), with the residential sector consuming 40 percent. In 2020, a total of approximately 4,166 gigawatt hours (GWh) of electricity was consumed in San Mateo County.42 Peninsula Clean Energy is a public and locally controlled electricity provider for the County of San Mateo. Electricity provided by Peninsula Clean Energy is delivered through PG&E transmission lines. Commercial and residential customers in San Mateo County are included in the Peninsula Clean Energy service area and can choose to have 50 to 100 percent of their electricity supplied from carbon-free and renewable sources. Customers are automatically enrolled in the ECOplus plan, which generates its electricity from 100 percent carbon-free sources, with at least 50 percent from renewable sources. Customers have the option to enroll in the ECO100 plan, which generates its electricity from 100 percent carbon-free, renewable sources.43 40 United States Energy Information Administration. “California Energy Consumption by End-Use-Sector, 2020.” Accessed October 24, 2022. https://www.eia.gov/state/?sid=CA#tabs-2. 41 Ibid. 42 California Energy Commission. Energy Consumption Data Management System. “Electricity Consumption by County.” Accessed October 24, 2022. http://ecdms.energy.ca.gov/elecbycounty.aspx. 43 Peninsula Clean Energy. “Frequently Asked Questions.” Accessed October 24, 2022. https://www.peninsulacleanenergy.com/faq/.
2023-2031 Housing Element Update 108 Initial Study
City of San Bruno December 2022 (Revised January 2023)
Natural Gas
PG&E provides natural gas services within San Mateo. In 2020, approximately two percent of California’s natural gas supply came from in-state production, while the remaining supply was imported from other western states and Canada.44 In 2020 California used 2,144 trillion Btu of natural gas.45 In 2020, San Mateo County used less than one percent of the state’s total consumption of natural gas (total of 200 million therms of natural gas).46 Fuel for Motor Vehicles
In 2019, 15.4 billion gallons of gasoline were sold in California.47 The average fuel economy for light-duty vehicles (autos, pickups, vans, and sport utility vehicles) in the United States has steadily increased from about 13.1 miles per gallon (mpg) in the mid-1970s to 25.4 mpg in 2020.48 Federal fuel economy standards have changed substantially since the Energy Independence and Security Act was passed in 2007. That standard, which originally mandated a national fuel economy standard of 35 miles per gallon by the year 2020, was updated in April 2022 to require all cars and light duty trucks achieve an overall industry average fuel economy of 49 mpg by model year 2026.49,50

4.6.2 Impact Discussion
Potentially
Significant
Impact
Less than
Significant
with Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
1) Result in a potentially significant
environmental impact due to wasteful,
inefficient, or unnecessary consumption of
energy resources, during project construction
or operation?
2) Conflict with or obstruct a state or local plan
for renewable energy or energy efficiency?
44 California Gas and Electric Utilities. 2020 California Gas Report. Accessed July 20, 2022. https://www.socalgas.com/sites/default/files/2020-
10/2020_California_Gas_Report_Joint_Utility_Biennial_Comprehensive_Filing.pdf. 45 United States Energy Information Administration. “California Energy Consumption Estimate, 2020.” Accessed July 20, 2022. https://www.eia.gov/state/?sid=CA#tabs-2. 46 California Energy Commission. “Natural Gas Consumption by County.” Accessed July 20, 2022. http://ecdms.energy.ca.gov/gasbycounty.aspx. 47 California Department of Tax and Fee Administration. “Net Taxable Gasoline Gallons.” Accessed July 20, 2022. https://www.cdtfa.ca.gov/dataportal/dataset.htm?url=VehicleTaxableFuelDist. 48 United States Environmental Protection Agency. The 2021 EPA Automotive Trends Report: Greenhouse Gas Emissions, Fuel Economy, and Technology since 1975. November 2021. 49 United States Environmental Protection Agency. “Summary of the Energy Independence and Security Act.” Accessed July 20, 2022. https://www.epa.gov/laws-regulations/summary-energy-independence-and-security-act . 50 United States Department of Transportation. “USDOT Announces New Vehicle Fuel Economy Standards for Model Year 2024-2026.” Accessed July 20, 2022. https://www.nhtsa.gov/press-releases/usdot-announces-newvehicle-fuel-economy-standards-model-year-2024-2026 2023-2031 Housing Element Update 109 Initial Study
City of San Bruno December 2022 (Revised January 2023)
Impact EN-1: The project would not result in a potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation. (Less than Significant Impact) Construction-Related Energy Consumption
Construction associated with future development under the Housing Element Update would result in the temporary usage and consumption of electricity to power electric construction equipment, mobile offices, or water delivered to construction sites; gasoline and diesel fuel used for transportation of workers and haul trucks to and from construction sites; and fuel used for operation of off-road equipment. Construction-related energy usage and consumption would be dispersed over the course of the 2023-2031 buildout period, and would vary based on the level of activity, length of construction period, specific construction operations, types of equipment, and number of personnel.

Since the timing and intensity of the construction activity required for future development projects under the Housing Element Update is not yet known, energy consumption by future development cannot be quantified.

The overall construction schedule and process is designed to be efficient in order to avoid excess monetary costs. That is, equipment and fuel would not be used wastefully on the project site because of the added expense associated with renting the equipment, maintaining it, and fueling it. Further, the Housing Opportunity Sites are located in urbanized areas in proximity to roadways, construction supplies, and workers, making it more efficient than construction occurring in outlying, undeveloped areas. Therefore, energy consumption by construction of future development would not be wasteful, inefficient, or unnecessary.

In addition to the above, policies and measures have been identified throughout this Initial Study that would ensure that energy consumption during construction is not wasteful, inefficient, or unnecessary. General Plan Policy ERC-26 and MM AIR-3.1 would require equipment to be shut off when not in use or reduce idle times to five minutes at maximum. The Bayhill Specific Plan includes Mitigation Measure AQ-3, which requires 50-hp plus construction equipment with a projected operation time of 20 hours or more to use renewable diesel; and Mitigation Measure GHG-1, which requires 15 percent of the construction fleet to be alternatively fueled; Mitigation Measure NOI-1, which prohibits idling of construction equipment at night. For these reasons, construction of future development under the Housing Element Update would not be wasteful, inefficient, or unnecessary. (Less than Significant Impact)
Operation-Related Energy Consumption
For purposes of this analysis, buildout of the Housing Opportunity Sites at the densities assumed by the Housing Element Update is anticipated to result in the construction of six single-family residences, 967 low-rise apartment units, and 1,735 mid-rise apartment units.51 Once constructed, 51 At the time of analysis, the technical studies prepared for the Housing Element Update assumed buildout would result in six single-family residences, 967 low-rise apartment units, and 1,735 mid-rise apartment units. The City now anticipates that buildout of the Housing Element Update would result in 138 single-family detached, 836 lowrise apartment, and 1,735 mid-rise apartment units, which corresponds with an additional 363 daily vehicle trips.

This represents an increase of approximately two percent, which the Air Quality, Greenhouse Gas Emissions, Noise, 2023-2031 Housing Element Update 110 Initial Study
City of San Bruno December 2022 (Revised January 2023)
gasoline would be consumed during vehicle trips by future residents, which is anticipated to be primarily light-duty vehicles. Electricity would be consumed by future development in order to power buildings. Consistent with MM GHG-1.2 (refer to Impact GHG-1 in Section 4.8.1.2 Greenhouse Gas Emissions), natural gas infrastructure and appliances would be prohibited in future residential development at the Housing Opportunity Sites, and therefore the natural gas consumption assumed by CalEEMod was converted to electricity.

Without factoring in gasoline and electricity consumed by existing uses, buildout of the Housing Opportunity Sites is conservatively anticipated to result in the annual consumption of 1,198,896 gallons of gasoline and 10,690,376 kWH (equivalent to 10.7 GWh) of electricity.52 In comparison with gasoline consumption statewide (the cumulative area of effect), the project’s gasoline consumption would be less than 1/10000th of a percent.53 Traffic generated by the proposed residential uses would be primarily light-duty vehicles, which are the most efficient from a fuel economy perspective, and an increasingly substantial portion of project-generated traffic would be electric vehicles. In comparison with electricity consumption countywide (the cumulative area of effect), the project’s energy consumption would be less than 1/100th of a percent. Additionally, future development would be constructed in accordance with Part 6 and Part 11 of Title 24, which would reduce the demand for energy resources by incorporating sustainability features that would promote energy efficiency and increase reliance on renewable energy sources. Adherence with policies provided in the General Plan, TCP, and Bayhill Specific Plan and mitigation measures provided in their respective EIRs and this Initial Study to avoid or reduce air pollutant and GHG emissions and reduce consumption of energy resources would further ensure that consumption of electricity would not be wasteful, inefficient, or unnecessary. For these reasons, buildout of the Housing Element Update would not result in the wasteful, inefficient, or unnecessary consumption of energy resources. (Less than Significant Impact)
Impact EN-2: The project would not conflict with or obstruct a state or local plan for renewable energy or energy efficiency. (Less than Significant Impact) State and local renewable energy and energy efficiency plans that are applicable to the Housing Element Update are discussed in Section 4.6.1.1. Future development under the Housing Element Update would be subject to current energy efficiency standards set forth in Title 24. In addition, all residents in San Bruno are automatically enrolled in the Peninsula Clean Energy ECOplus plan, which provides customers with electricity that is generated from 50 percent renewable sources and 100 percent carbon-free sources. Additionally, future residential development at the Housing Opportunity Sites would be required to be fully electric (i.e., no consumption of natural gas) by MM GHG-1.2, which would ensure future development is able to take full advantage of the 100 percent renewable or GHG-free electricity generated by Peninsula Clean Energy through implementation of Vibration, and Transportation consultants have confirmed would not change the conclusions presented in this Initial Study and Appendices A, B, and C. Appendix D and the associated water supply analysis is unaffected by this change.
52 Electricity based on projected natural gas and electricity consumption outputs provided in Appendix A. September 14, 2022. Gasoline estimation based conservatively on 2020 average fuel economy (25.4 mpg) and 30,451,950 annual VMT.
53 Gasoline consumption does not factor in the 240 ADUs, since their future location is not reasonably foreseeable, and therefore VMT cannot be estimated.
2023-2031 Housing Element Update 111 Initial Study
City of San Bruno December 2022 (Revised January 2023)
its 2018 Integrated Resource Plan. For these reasons, implementation of the Housing Element Update would not conflict with a state or local plan for renewable energy or energy efficiency. 2023-2031 Housing Element Update 112 Initial Study
City of San Bruno December 2022 (Revised January 2023)

4.7 GEOLOGY AND SOILS

4.7.1 Environmental Setting

4.7.1.1 Regulatory Framework
State
Alquist-Priolo Earthquake Fault Zoning Act
The Alquist-Priolo Earthquake Fault Zoning Act was passed following the 1971 San Fernando earthquake. The act regulates development in California near known active faults due to hazards associated with surface fault ruptures. Alquist-Priolo maps are distributed to affected cities, counties, and state agencies for their use in planning and controlling new construction. Areas within an Alquist-Priolo Earthquake Fault Zone require special studies to evaluate the potential for surface rupture to ensure that no structures intended for human occupancy are constructed across an active fault.

Seismic Hazards Mapping Act
The Seismic Hazards Mapping Act (SHMA) was passed in 1990 following the 1989 Loma Prieta earthquake. The SHMA directs the California Geological Survey (CGS) to identify and map areas prone to liquefaction, earthquake-induced landslides, and amplified ground shaking. CGS has completed seismic hazard mapping for the portions of California most susceptible to liquefaction, landslides, and ground shaking, including the central San Francisco Bay Area. The SHMA requires that agencies only approve projects in seismic hazard zones following site-specific geotechnical investigations to determine if the seismic hazard is present and identify measures to reduce earthquake-related hazards.

California Building Standards Code
The California Building Standards Code (CBC) prescribes standards for constructing safe buildings.

The CBC contains provisions for earthquake safety based on factors including occupancy type, soil and rock profile, ground strength, and distance to seismic sources. The CBC requires that a sitespecific geotechnical investigation report be prepared for most development projects to evaluate seismic and geologic conditions such as surface fault ruptures, ground shaking, liquefaction, differential settlement, lateral spreading, expansive soils, and slope stability. The CBC is updated every three years.

California Division of Occupational Safety and Health Regulations Excavation, shoring, and trenching activities during construction are subject to occupational safety standards for stabilization by the California Department of Industrial Relations, Division of Occupational Safety and Health (Cal/OSHA) under Title 8 of the California Code of Regulations and Excavation Rules. These regulations minimize the potential for instability and collapse that could injure construction workers on the site.
2023-2031 Housing Element Update 113 Initial Study
City of San Bruno December 2022 (Revised January 2023)
Public Resources Code Section 5097.5
Paleontological resources are the fossilized remains of organisms from prehistoric environments found in geologic strata. They range from mammoth and dinosaur bones to impressions of ancient animals and plants, trace remains, and microfossils. These materials are valued for the information they yield about the history of the earth and its past ecological settings. California Public Resources Code Section 5097.5 specifies that unauthorized removal of a paleontological resource is a misdemeanor. Under the CEQA Guidelines, a project would have a significant impact on paleontological resources if it would disturb or destroy a unique paleontological resource or site or unique geologic feature.

Local
City of San Bruno General Plan
Various policies and actions of the City of San Bruno General Plan have been adopted for the purpose of avoiding or mitigating geology and soils impacts resulting from planned development within the City, including the following:

Policies Description
ERC-44 If, prior to grading or construction activity, an area is determined to be sensitive for paleontological resources, retain a qualified paleontologist to recommend appropriate actions. Appropriate action may include avoidance, preservation in place, excavation, documentation, and/or data recovery, and shall always include preparation of a written report documenting the find and describing steps taken to evaluate and protect significant resources.

HS-B Reduce the potential for damage from geologic hazards through appropriate site design and erosion control.

HS-C Reduce the potential for damage from seismic hazards through geotechnical analysis, hazard abatement, emergency preparedness, and recovery planning.

HS-1 Regulate development, including remodeling or structural rehabilitation, to assure adequate mitigation of safety hazards on sites having a history or threat of slope instability, erosion, subsidence, seismic dangers (including those resulting from liquefactions, ground failure, ground rupture), flooding, and/or fire hazards.

HS-2 Review and revise the City’s Building Code, Zoning Ordinance, and Subdivision requirements to safeguard against seismic, geologic, and safety hazards. Mitigation should include:
• Minimal grading and removal of natural vegetation to prevent erosion and slope instability. Cleared slopes should be replanted with vegetation. • Proper drainage control to prevent erosion of the site and affected properties. • Careful siting and structural engineering in unstable areas. • Consideration of flooding and fire hazards in siting and designing new development.

HS-3 Require geotechnical investigation of all sites, except single-family dwellings, proposed for development in areas where geologic conditions or soil types are subject to landslide risk, slippage, erosion, liquefaction, or expansive soils. (Require submission of 2023-2031 Housing Element Update 114 Initial Study
City of San Bruno December 2022 (Revised January 2023)
Policies Description
geotechnical investigation and demonstration that the project conforms to all recommended mitigation measures prior to City approval.

HS-4 Prevent soil erosion by retaining and replanting vegetation, and by siting development to minimize grading and land form alteration.

HS-5 Require preparation of a drainage and erosion control plan for land alteration and vegetation removal on sites greater than 10,000 sq. ft. in size.

HS-7 Development in areas subject to seismic hazards, including ground shaking, liquefaction, and seismically-induced landslides (Figure 7-2) will comply with guidelines set forth in the most recent version of the California Division of Mines and Geology Special Publication 117.

HS-9 In accordance with the Alquist-Priolo Special Studies Zones Act, do not permit structures across an active fault (Figure 7-2) or within 50 feet of an active fault, except single-family wood frame dwellings where no other location on a lot is feasible. Require any new development to contract with geotechnical engineers to reduce potential damage from seismic activity.

HS-10 Recommend a geologic report by a qualified geologist for construction or remodeling of all structures, including single-family dwellings, proposed within 100 feet of a historically active or known active fault (Figure 7-2). Geologic reports should recommend minimum setbacks, siting and structural safety standards, to reduce potential seismic hazards. Geologic reports must be filed with the State Geologist by the City within 30 days of receipt.

HS-22 Require that construction-related grading and other activities comply with the Association of Bay Area Governments’ (ABAG) Manual of Standards for Erosion and Sediment Control Measures and with the California Stormwater Quality Association (CASQA), Stormwater Best Management Practice Handbook for Construction.

City of San Bruno Municipal Code
Title 12, Land Use, Article I, Excavation and Grading, of the San Bruno Municipal Code sets forth general provisions, permitting requirements, grading regulations, and specific elements required in requested soil and engineering reports, including:
• An adequate description of the geology of the site;
• Conclusions and recommendations regarding the effect of geologic conditions on the proposed development;
• Opinions and recommendations covering the adequacy of sites to be developed by the proposed grading;
• Data regarding the nature, distribution, strength, and in place relative compaction of existing soils;
• Conclusions and recommendations for grading procedures and design criteria for corrective measures when necessary;
• Ground water conditions;
• Data on erodibility of the soil;
2023-2031 Housing Element Update 115 Initial Study
City of San Bruno December 2022 (Revised January 2023)
• Draft specifications for erosion control measures. For purposes of such draft specifications, reference is made to Association of Bay Area Governments Manual for Surface Runoff Control Measures, pages 1-45, through 1-151, inclusive. (Ord. 1369 § 1, 1981; prior code § 9-1.7(a))
Bayhill Specific Plan
Various policies in the Bayhill Specific Plan have been adopted for the purpose of avoiding or mitigating geology and soils impacts resulting from planned development within the Bayhill Specific Plan area, including the following:

Policies Description
3-3 Require Naturalistic Site Grading and Earthwork. Site grading shall create a naturalistic appearance, without dramatic terracing, berming, and other obvious earthwork approaches. Mounding earth shall be used only to accommodate differentials between first floor building elevations and adjacent sidewalk grades, and to accommodate trees and other planting above underground parking garages. 6-31 Require that all applicants proposing development projects involving the development of new foundations for buildings within the Plan Area prepare a site-specific geotechnical exploration as part of the design process for the building. The exploration shall include borings and laboratory soil testing to provide data for preparation of specific recommendations regarding grading, foundation design, and drainage for the proposed development. The geotechnical explorations shall be subject to review and approval by the San Bruno Public Works Department.
6-32 Require that all applicants proposing to undertake excavation, drilling, or pile-driving activities for new buildings within the Plan Area retain a qualified paleontologist prior to the start of any ground-disturbing activities. The paleontologist should be qualified as defined by the Society for Vertebrate Paleontology and experienced in teaching nonspecialists. The qualified paleontologist shall train all construction personnel who are involved with earthmoving activities, including the site superintendent, regarding the possibility of encountering fossils, the appearance and types of fossils that are likely to be seen during construction, and proper notification procedures should fossils be encountered. Procedures to be conveyed to workers include halting construction within 50 feet of any potential fossil find and notifying a qualified paleontologist, who shall evaluate the significance. The qualified paleontologist shall also make periodic visits during earthmoving in high sensitivity sites to verify that workers are following the established procedures
6-33 Require that all applicants undertaking earth moving projects within the Plan Area adequately respond to the discovery of paleontological resources.

4.7.1.2 Existing Conditions
Geology
San Bruno is located within the Coast Ranges geomorphic province formed by the Franciscan, Merced, and Colma assemblages, which are principally composed of marine sedimentary and 2023-2031 Housing Element Update 116 Initial Study
City of San Bruno December 2022 (Revised January 2023)
volcanic rocks, as well as deposits of sandstone, claystone, siltstone, gravel, sand, silt, and clay. The eastern portion of the City is former marginal tideland filled in with artificial fill material.

Seismicity
San Bruno is located within the seismically active San Francisco Bay Area region. The faults in this region are capable of generating earthquakes of magnitude 7.0 or higher. Major active faults in the region include the San Andreas (adjacent), the San Gregorio-Hosgri (eight miles southwest), the Hayward (18 miles east) the Calaveras (25 miles east), Concord-Green Valley (30 miles northeast), and Healdsburg-Rodgers Creek (36 miles north).

Soils
According to the General Plan EIR, San Bruno is characterized by three major soil associations: the Sunnyvale-Castro, Elkhorn-Colma, and Sweeney-Mindego. The Sunnyvale-Castro association underlies the eastern side of San Bruno, west of the San Francisco International Airport. These soils occur on nearly level, low portions of the valley and originally developed from fine-textured alluvium. They drain slowly due to clay content and have developed under surface water runoff and high groundwater levels. In general, these soils have dark clay surface layers with calcareous or limecemented subsoils. The Elkhorn-Colma association underlies San Bruno between El Camino Real and I-280. These soils occur on five to 15 percent slopes in areas of San Mateo County. These soils drain well due to sand clay mixtures, and erosion can be a problem on steeper slopes. Soils of the Sweeney-Mindego association occur on slopes ranging from 30 to 70 percent and underlie the upland areas on the western side of San Bruno. These soils developed from igneous rock and can be well drained due to silt-sand-clay mixtures.54
On-Site Geologic Conditions
General Plan and Municipal Code Conformant Sites
Housing Opportunity Site 6
Housing Opportunity Site 6 generally slopes from the south to the north with steeper slopes along the eastern and western boundaries. According to maps prepared by the CGS, the site is not within an Alquist-Priolo Earthquake Fault Zone. The project site is mapped by the CGS within a Liquefaction Landslide Overlay Zone.55 According to maps prepared for the General Plan, the site has moderately expansive soils (refer to Figure 4.7-1).
54 City of San Bruno. San Bruno 2025: General Plan Draft Environmental Impact Report. Page 3-158. December 2008.
55 California Geological Survey. California Earthquake Hazards Zone Application (EQ ZAPP). Accessed August 12, 2022. https://maps.conservation.ca.gov/cgs/EQZApp/app/
19 21
20 7
12 6
9 4
2 8
5 23
22 17
10 18
13 14
3 1
15 11
16 FEET
0 500 1000 2000 10
acres
Sources: Alquist-Priolo Earthquake Fault Zone Map San
Francisco South, Montara Mountain Quads. Pampeyan,
E.H., Geologic Map of the Montara Mountain
Quadrangle, San Mateo County, California, USGS
Miscellaneous Investigation Series, Map I-2390
1:24,000, 1994. Wagner, E.J., Bortungo, E.J., McJunkin, R.D., Geologic Map of San Francisco-San Jose
Quadrangle, California, 1:250,000, 1991.

Fault trace (dashed where concealed
or uncertain
Boundary ofAlquist-Priolo Earthquake
Fault Zone
High to Very High Susceptibility of
Liquefaction
Moderately Expansive Soils
Areas Susceptible to Erosion
Flood Zone
Highly Susceptible to Landslides
Moderately Susceptible to Landslides
City Limits
Bayhill Specific
Plan Boundary
Transit Oriented
Development Overlay
GEOLOGIC AND SEISMIC HAZARDS FIGURE 4.7-1
City2023-2031 Housing Element Update
of San Bruno
117 Initial Study
December 2022 (Revised January 2023)
2023-2031 Housing Element Update 118 Initial Study
City of San Bruno December 2022 (Revised January 2023)
Housing Opportunity Site 8
Housing Opportunity Site 8 and the surrounding area is generally flat. According to maps prepared by the CGS, the site is not within an Alquist-Priolo Earthquake Fault Zone or Landslide Hazard Zone.56 The project site is mapped by the CGS within a Liquefaction Zone.57 According to maps prepared for the General Plan, the site has moderately expansive soils (refer to Figure 4.7-1).

Housing Opportunity Sites 10 and 16
Housing Opportunity Sites 10 and 16 and the surrounding area is generally flat. According to maps prepared by the CGS, the sites are not within an Alquist-Priolo Earthquake Fault Zone, Landslide Hazard Zone, or Liquefaction Zone.58 According to maps prepared for the General Plan, the site has moderately expansive soils (refer to Figure 4.7-1).

Housing Opportunity Site 18
Housing Opportunity Site 18 and the surrounding area is generally flat. According to maps prepared by the CGS, the site is not within an Alquist-Priolo Earthquake Fault Zone or Landslide Hazard Zone.59 The project site is mapped by the CGS within a Liquefaction Zone.60 According to maps prepared for the General Plan, the site has moderately expansive soils (refer to Figure 4.7-1).

Housing Opportunity Site 19
Housing Opportunity Site 19 and the surrounding area is generally flat. According to maps prepared by the CGS, the site is not within an Alquist-Priolo Earthquake Fault Zone or Landslide Hazard Zone.61 The project site is mapped by the CGS within a Liquefaction Zone.62 According to maps prepared for the General Plan, the site has moderately expansive soils (refer to Figure 4.7-1).

Transit Corridors Plan Area Sites
As noted in Section 3.1.1.1, Housing Opportunity Sites 1, 2, 4, 5, 7, 9, 11, 12, 15, 17, 20, 21, 22, and 23 are located within the TCP area. The TCP area is flat and is not subject to landslides. None of the TCP area sites are within an Alquist-Priolo Earthquake Fault Zone.63 The potential San Bruno Fault traverses the center of the Transit Corridors Area in a north-south alignment. There is evidence to suggest that the San Bruno fault may not exist, or at least that it is not as significant as initially proposed.64 Housing Opportunity Sites 1, 4, 7, 9, 11, 12, 15, 17, 20, 21, 22, and 23 are mapped by the 56 California Geological Survey. California Earthquake Hazards Zone Application (EQ ZAPP). Accessed August 12, 2022. https://maps.conservation.ca.gov/cgs/EQZApp/app/ 57 Ibid. 58 California Geological Survey. California Earthquake Hazards Zone Application (EQ ZAPP). Accessed August 12, 2022. https://maps.conservation.ca.gov/cgs/EQZApp/app/ 59 California Geological Survey. California Earthquake Hazards Zone Application (EQ ZAPP). Accessed August 12, 2022. https://maps.conservation.ca.gov/cgs/EQZApp/app/ 60 Ibid. 61 California Geological Survey. California Earthquake Hazards Zone Application (EQ ZAPP). Accessed August 12, 2022. https://maps.conservation.ca.gov/cgs/EQZApp/app/ 62 Ibid. 63 City of San Bruno. San Bruno Transit Corridors Plan Environmental Impact Report. June 2012. 64 Ibid. 2023-2031 Housing Element Update 119 Initial Study
City of San Bruno December 2022 (Revised January 2023)
CGS within a Liquefaction Zone.65 Expansive soils are likely to be encountered within the Transit Corridors Area given the underlying Colma Formation and the Sunnyvale-Castro soils association.

Bayhill Specific Plan Area Sites
As noted in Section 3.1.1.1, Housing Opportunity Sites 3 and 13 are located within the Bayhill Specific Plan area. None of the Bayhill Specific Plan sites are within an Alquist-Priolo Earthquake Fault Zone.66 According to maps prepared by CGS, Housing Opportunity Site 3 is located within an Earthquake Fault Zone and Landslide Zone.67 Housing Opportunity Site 13 is located within a Liquefaction Zone.68 According to maps prepared for the General Plan, the sites have moderately expansive soils (refer to Figure 4.7-1).

Historic groundwater elevation within the Bayhill Specific Plan range from approximately 10 to more than 50 feet below ground surface (bgs), varying likely with seasonality, weather conditions, and irrigation.69
Housing Opportunity Site 14
Housing Opportunity Site 14 and the surrounding area is generally flat. According to maps prepared by the CGS, the site is not within an Alquist-Priolo Earthquake Fault Zone or Landslide Hazard Zone.70 The project site is mapped by the CGS within a Liquefaction Zone.71 According to maps prepared for the General Plan, the site has moderately expansive soils (refer to Figure 4.7-1).

Paleontological Resources
As discussed above, the City is divided into three distinct geological areas. The area east of I-280 is underlain by deposits of the Colma Formation, which is Quaternary-aged (about 1 million years old), the area west of I-280 but east of Skyline Boulevard is underlain by deposits of the Merced Formation, which is Pliocene-aged (3 to 11 million years old), and finally, the area west of Skyline Boulevard is underlain by deposits of sheared Franciscan Assemblage sandstone, which are Cretaceous-aged (65 to 136 million years old). All of the Housing Opportunity Sites (with the exception of Site 6) are located on the Colma Formation; Site 6 is located on the Merced Formation.

There are no recorded fossil recovery sites in the City of San Bruno.72 65 Ibid. 66 City of San Bruno. Bayhill Specific Plan including Phase I Development. Final EIR. October 2021. 67 California Geological Survey. California Earthquake Hazards Zone Application (EQ ZAPP). Accessed August 12, 2022. https://maps.conservation.ca.gov/cgs/EQZApp/app/ 68 Ibid. 69 City of San Bruno. Bayhill Specific Plan including Phase I Development. Final EIR. October 2021. 70 California Geological Survey. California Earthquake Hazards Zone Application (EQ ZAPP). Accessed August 12, 2022. https://maps.conservation.ca.gov/cgs/EQZApp/app/ 71 Ibid. 72 Macrostrat. “Geologic Map”. Accessed October 22, 2022. https://macrostrat.org/map/layers#x=- 122.4&y=37.608&z=11.72&show=fossils
2023-2031 Housing Element Update 120 Initial Study
City of San Bruno December 2022 (Revised January 2023)

4.7.2 Impact Discussion
Potentially
Significant
Impact
Less than
Significant
with Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
1) Directly or indirectly cause potential
substantial adverse effects, including the risk
of loss, injury, or death involving:
- Rupture of a known earthquake fault, as
delineated on the most recent AlquistPriolo Earthquake Fault Zoning Map issued by the State Geologist for the area
or based on other substantial evidence of a
known fault (refer to Division of Mines
and Geology Special Publication 42)?
- Strong seismic ground shaking?
- Seismic-related ground failure, including
liquefaction?
- Landslides?
2) Result in substantial soil erosion or the loss of
topsoil?
3) Be located on a geologic unit or soil that is
unstable, or that would become unstable as a
result of the project, and potentially result in
on- or off-site landslide, lateral spreading,
subsidence, liquefaction, or collapse?
4) Be located on expansive soil, as defined in the
current California Building Code, creating
substantial direct or indirect risks to life or
property?
5) Have soils incapable of adequately supporting
the use of septic tanks or alternative
wastewater disposal systems where sewers are
not available for the disposal of wastewater?
6) Directly or indirectly destroy a unique
paleontological resource or site or unique
geological feature?
2023-2031 Housing Element Update 121 Initial Study
City of San Bruno December 2022 (Revised January 2023)
Impact GEO-1: The project would not directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault; strong seismic ground shaking; seismic-related ground failure, including liquefaction; or landslides. (Less than Significant Impact)
Fault Rupture
As discussed in Section 4.7.1.2, none of the Housing Opportunity Sites are within an Alquist-Priolo Earthquake Fault Zone. While existing faults are located in the region, Housing Opportunity Sites are outside of the fault zone for any regional fault systems, and loss, injury, or death from fault ruptures would not occur on the sites. Per General Plan policy HS-3, residential development on the Housing Opportunity Sites would be supported by geotechnical investigations of all sites, except single-family dwellings, proposed for development in areas where geologic conditions or soil types are subject to landslide risk, slippage, erosion, liquefaction, or expansive soils. Residential developments would be required to submit a geotechnical investigation and demonstrate that the project conforms to all recommended mitigation measures prior to City approval. (Less than Significant Impact) Ground Shaking
All of the Housing Opportunity Sites are located within the seismically active San Francisco Bay region. The faults in this region can generate earthquakes of magnitude 7.0 or higher. During an earthquake, very strong ground shaking could occur. In accordance with the CBC, City’s General Plan, and Municipal Code, future redevelopment of the Housing Opportunity Sites would be built using standard engineering and seismic safety design techniques, in accordance with the CBC, as well as applicable Building and Fire Codes adopted by the City of San Bruno to avoid or minimize potential damage from seismic shaking. Conformity with the aforementioned regulations would ensure less than significant impacts from seismically-induced ground shaking. (Less than Significant Impact)
Ground Failure
Soil liquefaction can be defined as ground failure or loss of strength that causes otherwise solid soil to take on the characteristics of a liquid. This phenomenon is triggered by earthquake or ground shaking that causes saturated or partially saturated soils to lose strength, potentially resulting in the soil’s inability to support structures. Soils most susceptible to liquefaction are loose, non-cohesive soils that are saturated and are bedded with poor drainage, such as sand and silt layers bedded with a cohesive cap. Lateral spreading typically occurs as a form of horizontal displacement of relatively flat-lying soil toward an open or “free” face such as an open body of water, channel, or excavation.

This movement is often associated with liquefaction and commonly occurs on gentle slopes in seismically active regions. Lateral spread presents a significant hazard to the integrity of buildings and other structures.

Housing Opportunity Sites 1, 4, 6, 7, 8, 9, 11, 12, 13, 14, 15, 17, 18, 19, 20, 21, 22, and 23 are mapped by the CGS within Liquefaction and/or Landslide Hazard Zones. Conformance with the 2023-2031 Housing Element Update 122 Initial Study
City of San Bruno December 2022 (Revised January 2023)
CBC, the City’s General Plan policies and Municipal Code requirements, and the recommendations of a site-specific geotechnical report (of which preparation and compliance with is required by the CBC and the General Plan Policy HS-3) would reduce the risk of seismically-induced liquefaction, lateral spreading, and landsliding at the Housing Opportunity Sites to a less than significant level. (Less than Significant Impact)
Impact GEO-2: The project would not result in substantial soil erosion or the loss of topsoil. (Less than Significant Impact)
Ground disturbance during buildout of the Housing Opportunity Sites is expected to occur during demolition, grading, site preparation, and construction activities. These activities could increase the exposure of on-site soils to wind and water erosion. The San Francisco Bay Region Municipal Regional Stormwater National Pollutant Discharge Elimination System (NPDES) Permit (MRP), urban runoff policies, and the Municipal Code are the primary means of enforcing erosion control measures through the grading and building permit process. In accordance with the CBC and City’s General Plan and Municipal Code (refer to Section 4.7.1.1), future development under the Housing Element Update would be required to submit a site-specific geotechnical report, which would include erosion control measures.

In addition, future development under the Housing Element Update would prepare a Storm Water Pollution Prevention Plan (SWPPP) which would formally document sediment and erosion control measures to be implemented during construction in compliance with the NPDES General Permit for Construction Activities. Future development would reduce post-construction soil erosion by managing stormwater runoff in compliance with the MRP. With adherence to the policies and regulations outlined in Section 4.10, Hydrology and Water Quality, the Housing Element Update would not substantially increase soil erosion on-site or contribute to the loss of topsoil.

Impact GEO-3: The project would not be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse. (Less than Significant Impact)
As discussed under Impact GEO-1, multiple Housing Opportunity Sites are located within a Liquefaction and/or Landslide Hazard Zone; expansive soils may also be present at the Housing Opportunity Sites. By conforming with the applicable regulations and the recommendations of the site-specific geotechnical report (refer to Impact GEO-1), future development under the Housing Element Update would not result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse.
2023-2031 Housing Element Update 123 Initial Study
City of San Bruno December 2022 (Revised January 2023)
Impact GEO-4: The project would not be located on expansive soil, as defined in the current California Building Code, creating substantial direct or indirect risks to life or property. (Less than Significant Impact)
Expansive soils possess a “shrink-swell” characteristic. Shrink-swell is the cyclic change in volume (expansion and contraction) that occurs in fine-grained clay sediments from the process of wetting and drying. Structural damage may result over a long period of time, usually the result of inadequate soil and foundation engineering or the placement of structures directly on expansive soils. Although expansive soils can be a hazard, it is generally mitigated through adherence with the standard engineering and building practices and techniques specified in the CBC as well as the applicable elements of City building and fire codes. The City of San Bruno’s Municipal Code, Chapter 12.12 Soils and Engineering Geology Report, requires that a geotechnical investigation complete with design and construction recommendations be approved prior to City approval of the project.

Conformance with the City’s Municipal Code would ensure that impacts resulting from expansive soils present at the Housing Opportunity Sites are reduced to a less than significant level.

Impact GEO-5: The project would not have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater. (No Impact)
All of the Housing Opportunity Sites are located in developed areas of San Bruno where sewers are available to dispose of wastewater. Future development under the Housing Element Update would not need to support septic tanks or alternative wastewater disposal systems.

Impact GEO-6: The project would not directly or indirectly destroy a unique paleontological resource or site or unique geological feature. (Less than Significant Impact) Grading and excavation during construction of future development under the Housing Element Update could however result in significant impacts, if any unknown unique paleontological resources were discovered. As discussed above, preparation of a site-specific geotechnical investigation is required by the CBC and the City’s General Plan and Municipal Code (refer to Section 4.7.1.1) prior to issuance of any permits allowing ground-disturbing activities that could encounter paleontological resources. Sites determined to be paleontologically sensitive would be required by General Plan Policy ERC-44, to retain a qualified paleontologist to recommend appropriate actions. Appropriate action may include avoidance, preservation in place, excavation, documentation, and/or data recovery, and shall include preparation of a written report documenting the find and describing steps taken to evaluate and protect significant resources. With adherence to state and local regulations, future development under the Housing Element Update would identify and preserve any undiscovered paleontological resources encountered during construction, and ensure that impacts to paleontological resources would be less than significant. 2023-2031 Housing Element Update 124 Initial Study
City of San Bruno December 2022 (Revised January 2023)

4.8 GREENHOUSE GAS EMISSIONS
The following discussion is based, in part, on an Air Quality and Greenhouse Gas Assessment prepared for the Housing Element Update by Illingworth & Rodkin, Inc. A copy of this report, dated September 2022, is attached to this Initial Study as Appendix A.

4.8.1 Environmental Setting

4.8.1.1 Background Information
Gases that trap heat in the atmosphere, GHGs, regulate the earth’s temperature. This phenomenon, known as the greenhouse effect, is responsible for maintaining a habitable climate. In GHG emission inventories, the weight of each gas is multiplied by its global warming potential (GWP) and is measured in units of CO2 equivalents (CO2e). The most common GHGs are carbon dioxide (CO2) and water vapor but there are also several others, most importantly methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF6). These are released into the earth’s atmosphere through a variety of natural processes and human activities.

Sources of GHGs are generally as follows:
• CO2 and N2O are byproducts of fossil fuel combustion. • N2O is associated with agricultural operations such as fertilization of crops. • CH4 is commonly created by off-gassing from agricultural practices (e.g., keeping livestock) and landfill operations.
• Chlorofluorocarbons (CFCs) were widely used as refrigerants, propellants, and cleaning solvents, but their production has been stopped by international treaty. • HFCs are now used as a substitute for CFCs in refrigeration and cooling. • PFCs and SF6 emissions are commonly created by industries such as aluminum production and semiconductor manufacturing.

An expanding body of scientific research supports the theory that global climate change is currently causing changes in weather patterns, average sea level, ocean acidification, chemical reaction rates, and precipitation rates, and that it will increasingly do so in the future. The climate and several naturally occurring resources within California are adversely affected by the global warming trend.

Increased precipitation and sea level rise will increase coastal flooding, saltwater intrusion, and degradation of wetlands. Mass migration and/or loss of plant and animal species could also occur.

Potential effects of global climate change that could adversely affect human health include more extreme heat waves and heat-related stress; an increase in climate-sensitive diseases; more frequent and intense natural disasters such as flooding, hurricanes and drought; and increased levels of air pollution.
2023-2031 Housing Element Update 125 Initial Study
City of San Bruno December 2022 (Revised January 2023)

4.8.1.2 Regulatory Framework
State
Assembly Bill 32/Senate Bill 32
Under the California Global Warming Solutions Act, also known as AB 32, CARB established a statewide GHG emissions cap for 2020, adopted mandatory reporting rules for significant sources of GHGs, and adopted a comprehensive plan, known as the Climate Change Scoping Plan, identifying how emission reductions would be achieved from significant GHG sources.

In 2016, SB 32 was signed into law, amending the California Global Warming Solution Act. SB 32, and accompanying Executive Order B-30-15, require CARB to ensure that statewide GHG emissions are reduced to 40 percent below the 1990 level by 2030. CARB updated its Climate Change Scoping Plan in December of 2017 to express the 2030 statewide target in terms of million metric tons of CO2e (MMTCO2e). Based on the emissions reductions directed by SB 32, the annual 2030 statewide target emissions level for California is 260 MMTCO2e.

CARB is now in the process of updating the Scoping Plan to assess the state’s progress toward the statutory 2030 target, while laying out a path to achieving carbon neutrality no later than 2045. The Proposed 2022 Scoping Plan Update focuses on outcomes needed to achieve carbon neutrality by assessing paths for clean technology, energy deployment, natural and working lands, and others, and is designed to meet the State’s long-term climate objectives and support a range of economic, environmental, energy security, environmental justice, and public health priorities. A draft of this scoping plan was released on May 10, 2022.

Executive Order B-55-18
In 2018, a new statewide goal was established to achieve carbon neutrality as soon as possible, but no later than 2045, and to maintain net negative emissions thereafter. CARB and other relevant state agencies are tasked with establishing sequestration targets and create policies/programs that would meet this goal. The Draft 2022 Scoping Plan Update addresses Executive Order (EO) B-55-18 and would cost-effectively achieve carbon-neutrality by 2045 or earlier.

Senate Bill 375
SB 375, known as the Sustainable Communities Strategy and Climate Protection Act, was signed into law in September 2008. SB 375 builds upon AB 32 by requiring CARB to develop regional GHG reduction targets for automobile and light truck sectors for 2020 and 2035. The per capita GHG emissions reduction targets for passenger vehicles in the San Francisco Bay Area include a seven percent reduction by 2020 and a 15 percent reduction by 2035.

Consistent with the requirements of SB 375, the Metropolitan Transportation Commission (MTC) partnered with the Association of Bay Area Governments (ABAG), BAAQMD, and the Bay Conservation and Development Commission to prepare the region’s Sustainable Communities Strategy (SCS) as part of the Regional Transportation Plan process. The SCS is referred to as Plan Bay Area 2050. Plan Bay Area 2050 establishes a course for reducing per capita GHG emissions 2023-2031 Housing Element Update 126 Initial Study
City of San Bruno December 2022 (Revised January 2023)
through the promotion of compact, high-density, mixed-use neighborhoods near transit, particularly within identified Priority Development Areas (PDAs).

The California Green Building Standards Code (CALGreen Code) is part of the California Building Standards Code under Title 24, Part 11. The CALGreen Code provides sustainable construction standards that involve planning/design, energy efficiency, water efficiency resource efficiency, and environmental quality. These green building standard codes are mandatory statewide and are applicable to residential and non-residential developments. The most recent CALGreen Code (2019 California Building Standard Code) was effective as of January 1, 2020.

Requirements for electric vehicle (EV) charging infrastructure are set forth in Title 24 of the California Code of Regulations and are regularly updated on a 3-year cycle. The CALGreen standards consist of a set of mandatory standards required for new development, as well as two more voluntary standards known as Tier 1 and Tier 2. The CalGreen standards have recently been updated (2022 version) to require deployment of additional EV chargers in various building types, including multifamily residential and nonresidential land uses. They include requirements for both EV capable parking spaces and the installation of Level 2 EV supply equipment for multifamily residential and nonresidential buildings. The 2022 CALGreen standards include requirements for both EV readiness and the actual installation of EV chargers. The 2022 CALGreen standards include both mandatory requirements and more aggressive voluntary Tier 1 and Tier 2 provisions.

San Bruno City CouncilJanuary 24, 2023

San Bruno City Council
January 24, 2023