San Carlos City Council
February 13, 2023

7.g
February 13, 2023 Packet Pg. 142
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7.g
February 13, 2023 Packet Pg. 143
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7.g
February 13, 2023 Packet Pg. 144
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February 13, 2023 Packet Pg. 145

CITY COUNCIL

STAFF REPORT
MEETING DATE: February 13, 2023
ITEM TITLE: Deny Claim of Jake Diana.

RECOMMENDATION:

Staff recommends that the City Council deny the claim of Jake Diana as recommended by the Sedgwick representative.

FISCAL IMPLICATIONS:

None for this action.

BACKGROUND:

This item is coming before the Council to act on the claim submitted by Jake Diana. Staff recommends that the City Council deny the claim based on Sedgwick’s guidance.

The Tort Claims Act. California Government Code Sections 900, seq., mandates that all claims for money or damages against a public entity must be presented in writing to the public entity prior to filing suit. Generally, claims concerning personal injury, wrongful death, damage to personal property, or damage to crops must be presented to the public within six (6) months of the accrual of the claim. All other claims, principally claims on contracts and damage to real property, are subject to a one-year statute of limitations for presentation of the tort claim. Once a tort claim is received by the public entity, the entity has forty-five (45) days to act on the claim. A claim can be settled or rejected. If no action is taken within 45 days, the claim is deemed rejected by operation of law on the last day.

Claims Processing in San Carlos. When the City receives a claim, the claim is immediately forwarded to claims examiners at Sedgwick for investigation. After Sedgwick investigates the claim, Sedgwick provides a recommendation to the City on the handling of the claim.

About Sedgwick. Sedgwick is a leading global provider of technology-enabled risk, benefits and integrated business solutions. In July 2019, Sedgwick acquired York Risk Services Group (“York”). York was originally hired through the Pooled Liability Assurance Network Joint Powers Authority (“PLAN JPA”), and Sedgwick will continue claims administration services to provide claims administration services to the City. The City Council approved the City’s participation in the PLAN JPA (previously known as the Association of Bay Area Government Pooled Liability Assurance Network or “ABAG PLAN”) on November 27, 2017 and designated the Administrative Services Director and Senior Management Analyst as primary and alternate PLAN JPA Board members.

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February 13, 2023 Packet Pg. 146
ANALYSIS:

Jake Diana filed a claim against the City for damages to his vehicle when he drove on Edgewood Road. On January 9, 2023, around 5:00 a.m., claimant alleged that he drove over rocks in the road from a landslide. As a result, the claimant had a flat tire. This does not appear to be a case of liability against the City as Edgewood Road falls under the jurisdiction of the City of Redwood City. As such, Sedgwick recommends formal rejection of Jake Diana’s claim.

The Council’s rejection of this claim does not prohibit staff or the staff of Sedgwick from continuing to work with the claimant to resolve the dispute.

ALTERNATIVES:

The alternatives available to the City Council include:

1. Deny claim of Jake Diana; or

2. Do not deny claim of Jake Diana; or

3. Provide staff with alternative direction
Respectfully submitted by:

Rebecca Mendenhall, Administrative Services Director
Approved for submission by:
_______________________
Jeff Maltbie, City Manager
ATTACHMENT(S):

1. Jake Diana Claim Form

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February 13, 2023 Packet Pg. 147

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February 13, 2023 Packet Pg. 148

CITY COUNCIL

STAFF REPORT
MEETING DATE: February 13, 2023
ITEM TITLE: Adopt a Resolution Authorizing the Submission of a Grant Application for the Downtown Specific Plan in the Amount of $300,000 in Response to the Metropolitan Transportation Commission’s (MTC’s) Priority Development Area (PDA) Grant Call for Projects.

RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution authorizing the submission of a grant application for the Downtown Specific Plan in the amount of $300,000 in response to the Metropolitan Transportation Commission’s (MTC’s) Priority Development Area (PDA) grant call for projects.

FISCAL IMPLICATIONS:

If the grant application is accepted and approved by MTC, $300,000 of potential funding can be used to offset the budget allocated for the implementation of the Downtown Specific Plan. The Downtown Planning Initiative Project (Project #C2105) budget was approved by the City Council in Fiscal Year 2021 with an appropriation of $1 million. As of January 31, 2023, the available project balance is approximately $781,300.

BACKGROUND:

In 2011, MTC, the Association of Bay Area Governments (ABAG), and Bay Area Conservation and Development Commission (BCDC) initiated the FOCUS program to provide funds for PDAs that leverage existing infrastructure to minimize development impacts on communities. PDAs must be within an existing community, within a half-mile of frequent transit, and in an area planned for future housing and job growth. Through the PDA program, local governments identify areas envisioned for future housing and job growth that are served by transit. Bay Area cities have been nominated for 218 PDAs since 2007. PDAs facilitate coordinated regional planning for future growth and transportation investment. In addition to shaping the location of anticipated growth and major transit investments, PDAs receive a dedicated share of funding for local planning and transportation improvements such as complete streets, bikeways, and parking programs. This is reflected in Plan Bay Area 2050, the region’s current long-range land use and transportation plan.

The San Carlos Railroad Corridor, which includes El Camino Real and Downtown, was designated as a PDA in 2011, because of its Caltrain access, the Downtown retail district, and housing within walking distance of the station. In June 2019, ABAG and MTC opened a call for

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February 13, 2023 Packet Pg. 149
letters of interest (LOI) for new or modified PDAs following ABAG and MTC’s adoption of revised criteria for priority areas. The City submitted an LOI in September 2019 to modify the existing PDA boundary to adequately capture the growth near San Carlos Avenue and include the multi- family zoning areas. The new PDA boundaries are shown in Figure 1: Downtown and PDA Boundary. Expanding the PDA boundary made San Carlos eligible for additional planning grants and technical assistance from the regional agencies such as this new PDA Grant.

Figure 1: Downtown and PDA Boundary
In December 2022, MTC released a call for projects for PDA Planning Grants open to local governments with one or more PDAs. To date, these grants have funded more than 80 plans and a wide range of technical assistance. This round of funding supports three types of planning activities:

Full Plans that, at a minimum, establish development standards and identify public improvements, informed by community engagement and result in an adopted plan, CEQA analysis, and zoning and general plan amendments. (Maximum grant amount: $1,200,000) Plan Amendments that update an adopted plan to reflect changing community priorities, state and regional policies, and economic trends. Plan amendments typically involve revising part, but not all, of a plan, and result in updates to the zoning code and, if applicable, an environmental impact report (EIR) and general plan land use designations. (Maximum grant amount: $600,000) Plan Implementation: Technical assistance to develop and adopt policies or programs that facilitate the implementation of an adopted plan for one or multiple PDAs. (Maximum grant amount: $200,000)
ANALYSIS:

To ensure both local and regional benefits, plans funded through the PDA program must meet minimum requirements, but can do so in a way that addresses community priorities. At a minimum, plans must include: development standards; standards for public rights of way and other public spaces; capital improvements; a funding strategy; actions to expand equity; any

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necessary environmental analysis; and updates to zoning and the general plan to achieve consistency with the grant-funded plan. By receiving funding, grant recipients are committing to ensuring that plans are consistent with any applicable state and regional laws and policies, such as MTC’s Transit-Oriented Communities Policy. MTC/ABAG staff will support City staff in ensuring minimum requirements are met and will offer technical resources and best practices.

The City of San Carlos plans to apply for the PDA Grant to support the Downtown Specific Plan.

Specifically, the grant funds will be used to augment certain deliverables within the scope work that will help meet the PDA program priorities listed above. The Downtown Specific Plan is an excellent candidate for this grant because:
• It is within the PDA boundary
• The plans would address and implement certain aspects of MTC’s Transit Oriented Communities (TOC) Policies (Attachment 2) in conjunction with 2023-2031 Housing Element • It helps meet certain Plan Bay Area 2050 Strategies in conjunction with the 2023-2031 Housing Element
A fully executed Council Resolution authorizing the PDA Grant application is required before staff can submit a complete application for MTC to review. The final application deadline is February 23, 2023.

ALTERNATIVES:

The alternatives available to the City Council include:

1. Adopt the Resolution Authorizing the Submission of a Grant Application for the Downtown Specific Plan in the amount of $300,000 in Response to the Metropolitan Transportation Commission’s (MTC’s) Priority Development Area (PDA) Grant Call for Projects; or

2. Do not adopt the proposed Resolution; or

3. Provide staff with alternative direction.

Respectfully submitted by:

Al Savay, Community Development Director
Approved for submission by:
_______________________
Jeff Maltbie, City Manager
ATTACHMENT(S):

1. Resolution

2. MTC Transit Oriented Communities Policies

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February 13, 2023 Packet Pg. 151
RESOLUTION NO. 2023 – ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CARLOS

AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION FOR THE DOWNTOWN SPECIFIC PLAN IN THE AMOUNT OF $300,000 IN RESPONSE TO THE METROPOLITAN TRANSPORTATION COMMISSION’S (MTC’S) PRIOIRTY DEVELOPMENT AREA (PDA) GRANT CALL FOR PROJECTS.

WHEREAS, on December 1, 2022, the Metropolitan Transportation Commission (MTC) announced a Call for Projects for Priority Development Area (PDA) planning grants, and informed local jurisdictions of a February 23, 2023 deadline for submittals of applications, as well as grant requirements including compliance with the Transit Oriented Communities Policy; and
WHEREAS, in 2011 the City of San Carlos established the Railroad Corridor PDA and then in 2019, MTC approved the modification and expansion of the PDA boundary to adequately capture the growth near Carlos Avenue and include the multi-family zoning areas; and WHEREAS, the San Carlos PDA is identified in the General Plan Housing and Land Use Elements as an area with a high level of opportunity for access to services and transit and is the location of multiple opportunity sites in the Housing Element; and WHEREAS, a PDA Planning Grant would fund a portion of the Downtown Specific Plan, which is within the San Carlos Railroad Area Corridor PDA; and WHEREAS, the Downtown Specific Plan within the San Carlos PDA would engage community members to establish a vision and development framework for the area’s future including defining the right balance of commercial and housing, improving building design and heights, enhancing the public realm, improving mobility and accessibility, and increasing connectivity through streetscape design; and
WHEREAS, in Fiscal Year 2021, the City Council approved the Downtown Planning Initiative Project (Project #C2105) budget in the amount of $1 million. As of January 31, 2023, the available project balance is approximately $781,300. and the City plans to request $300,000 from the PDA Planning Grant.

NOW, THEREFORE BE IT RESOLVED, that San Carlos City Council hereby authorizes staff to submit a grant application for the Downtown Specific Plan in response to the Metropolitan Transportation Commission's (MTC's) Call for Projects for PDA planning grants in the amount of $300,000; and
BE IT FURTHER RESOLVED , that the San Carlos City Council hereby authorizes the continued commitment for the remaining cost for the Downtown Specific Plan to come from the General Capital Fund 0025 to ensure the completion of the Downtown Specific Plan. * * * * *

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I, City Clerk Crystal Mui, hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the City Council of the City of San Carlos at a scheduled meeting thereof held on the 13th day of February 2023, by the following vote:

AYES, COUNCILMEMBERS: ___________________________________________ NOES, COUNCILMEMBERS: ___________________________________________ ABSENT, COUNCILMEMBERS: ___________________________________________ ________________________________
CITY CLERK of the City of San Carlos
APPROVED:
___________________________
MAYOR of the City of San Carlos

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February 13, 2023 Packet Pg. 153
Date: September 28, 2022
W.I.: 1611
Referred by: PLNG

ABSTRACT
MTC Resolution No. 4530

This Resolution sets forth MTC’s regional Transit-Oriented Communities (TOC) Policy, which seeks to support the region’s transit investments by creating communities around transit stations and along transit corridors that not only support transit ridership, but that are places where Bay Area residents of all abilities, income levels, and racial and ethnic backgrounds can live, work and access services, such as education, childcare, and healthcare. The TOC Policy is rooted in Plan Bay Area 2050 (PBA2050), the region’s Long Range Transportation Plan/Sustainable Communities Strategy. The TOC Policy applies to areas within one half-mile of the following types of existing and planned fixed-guideway transit stops and stations: regional rail, commuter rail, light-rail transit, bus rapid transit, and ferries. The policy requirements consist of the following four elements: 1) minimum required and allowed residential and/or commercial office densities for new development; 2) policies focused on housing production, preservation and protection, and commercial anti-displacement and stabilization polices; 3) parking management; and 4) transit station access and circulation. Further discussion of the Transit-Oriented Communities Policy is contained in the Joint MTC Planning with the ABAG Administration Committee summary sheet dated September 9, 2022.

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Date: September 28, 2022
W.I.: 1611
Referred by: PLNG

Re: A doption of a Transit -Oriented Communities (TOC) Policy.

METROPOLITAN TRANSPORTATION COMMISSION
RESOLUTION NO. 4530
WHEREAS, the Metropolitan Transportation Commission (MTC) is the regional transportation planning agency for the San Francisco Bay Area pursuant to Government Code Section 66500 et çq; and
WHEREAS, MTC adopted Resolution No. 3434 which set forth MTC’s Regional Transit Expansion Program of Projects in 2001, which was amended to add the Transit-Oriented Development Policy in 2005; and
WHEREAS, the TOD Policy successfully increased zoned capacity for residential development in key transit expansion corridors and initiated the regional Station Area Planning Program by requiring major transit expansion projects to meet minimum housing density thresholds around stations in new transit corridors before programming regional discretionary funds for project construction; and
WHEREAS, the TOD Policy applied to a specific set of transit expansion projects listed in Resolution No. 3434, the majority of which have been completed or are under construction; and
WHEREAS, the Station Area Planning program was expanded to become the Priority Development Area Program in 2008 which has resulted in over 61 completed plans with zoning for more than 100,000 housing units and more than 75 million square feet of commercial development near transit to date; and
WHEREAS, California law (California Government Code Section 65080) requires development of a regional Sustainable Communities Strategy to achieve a specified greenhouse gas (GHG) reduction target; and

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WHEREAS, in 2021, MTC unanimously adopted Plan Bay Area 2050, the region’s Long Range Transportation Plan/Sustainable Communities Strategy, which includes designated Growth Geographies, including Priority Development Areas and Transit-Rich Areas, where future growth in housing and jobs would be focused over the next 30 years, as well as strategies to allow a greater mix of housing densities and types and greater commercial densities in Growth Geographies, both of which are high-impact strategies for achieving the Plan’s GHG reduction target; and
WHEREAS, incentivizing local jurisdictions to plan and zone for higher residential and commercial densities in areas within one half-mile of existing and planned fixed-guideway transit stops and stations supports the region’s transit investments and implements key GHG reduction strategies from Plan Bay Area 2050; and
WHEREAS, incentivizing local jurisdictions to also adopt policies focused on increasing housing production of all types, particularly affordable housing production, preservation and protection, commercial anti-displacement and stabilization, parking management, and transit station access and circulation further supports regional transit investments and Plan Bay Area 2050 implementation, now, therefore, be it
RESOLVED, t
hat MTC adopts the 2022 Transit-Oriented Communities Policy, developed, as detailed in Attachment A, and attached hereto and incorporated herein as though set forth at length.

M

ETROPOLITAN TRANSPORTATION COMMISSION

Alfredo Pedroza, Chair
The above resolution was entered into by the
Metropolitan Transportation Commission at a
duly called and noticed meeting held in
San Francisco, California and at other remote
locations, on September 28, 2022.

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Attachment A
Date: September 28, 2022
W.I.: 1611
Referred by: PLNG

Attachment A
MTC Resolution No. 4530

TRANSIT-ORIENTED COMMUNITIES POLICY

TABLE OF CONTENTS
Goals ............................................................................................................................................... 3

Definitions....................................................................................................................................... 3 Existing Transit and Transit Enhancements or Improvements ................................................... 4 Transit Extensions ....................................................................................................................... 5 Opt-In for Jurisdictions Not Served by Fixed-Guideway Transit Service .................................. 5 TOC Policy Requirements .............................................................................................................. 5

1. Density Requirements for New Development ........................................................................ 6 1A. Calculation of Minimum and Allowable Maximum Residential and Commercial Office Density .................................................................................................................................... 6 1B. Minimum and Allowable Maximum Density for New Residential Development........... 6 1C. Minimum and Allowable Maximum Density for New Commercial Office Development ................................................................................................................................................. 9

2. Affordable Housing Production, Preservation, and Protection Policies and Commercial Protection and Stabilization Policies ........................................................................................ 12

2A. Affordable Housing Production ..................................................................................... 12 2B. Affordable Housing Preservation ................................................................................... 14 2C. Affordable Housing Protection and Anti-Displacement ................................................ 16 2D. Commercial Protection and Stabilization ...................................................................... 18

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3. Parking Management ............................................................................................................ 19

4. Transit Station Access and Circulation ................................................................................. 21 Funding ......................................................................................................................................... 22 Implementation ............................................................................................................................. 22 Evaluation and Policy Updates ..................................................................................................... 23 Technical Assistance ..................................................................................................................... 23

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GOALS
MTC’s Transit-Oriented Communities (TOC) Policy seeks to support the region’s transit investments by creating communities around transit stations and along transit corridors that not only support transit ridership, but that are places where Bay Area residents of all abilities, income levels, and racial and ethnic backgrounds can live, work, and access services, such as education, childcare, and healthcare. The TOC Policy is rooted in Plan Bay Area 2050 (PBA2050), the region’s Long Range Transportation Plan/Sustainable Communities Strategy, and addresses components in all four elements of the Plan, including transportation, housing, the economy, and the environment. Four goals guide the TOC Policy and advance PBA 2050 implementation:
• Increase the overall housing supply and residential densities for new development and prioritize affordable housing in transit-rich areas.
• Increase commercial densities for new development in transit-rich areas near regional transit hubs served by multiple transit providers.
• Prioritize bus transit, active transportation, and shared mobility within and to/from transit-rich areas, particularly to Equity Priority Communities located more than one half- mile from transit stops or stations.
• Support and facilitate partnerships to create equitable transit-oriented communities within the San Francisco Bay Area Region.

DEFINITIONS
Transit-oriented communities (TOCs) are locations within one half-mile from transit stops and stations that are designed to enable people to access and use transit more often for more types of trips. TOCs accomplish this through greater land use density and diversity of uses, implementation of Complete Streets
1, effective parking management, and robust multimodal
access that maximizes the geographic area accessible from a stop or station via space-efficient forms of mobility (walking, cycling, shared mobility, and public transit) over space-intensive

1 See MTC Resolution No. 4493.

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modes (single-occupancy vehicle travel). Equitable TOCs seek to ensure opportunity for people of all abilities, income levels, and racial and ethnic backgrounds to live and work in transit- accessible locations by prioritizing the production, preservation, and protection of affordable housing and community-serving businesses from potential displacement that may result from new development and increasing land values or rents. Equitable TOCs also prioritize access to transit for people with disabilities and/or mobility impairments by ensuring that all state and federal accessibility laws, codes, and guidelines are followed and that universal design principles, which enable access not only for people with disabilities but also for people with a wide range of ages, sizes, and abilities, are employed to the greatest extent possible.

TOCs directly support implementation of PBA2050 Strategies H3: Allow a greater mix of housing densities and types in Growth Geographies and EC4: Allow greater commercial densities in Growth Geographies. More specifically, the TOC Policy applies to areas within one half-mile of the following types of existing and planned fixed-guideway transit2 stops and stations: regional rail (e.g., Bay Area Rapid Transit, Caltrain), commuter rail (e.g., Capitol Corridor, Altamont Corridor Express, Sonoma-Marin Area Rail Transit, Valley Link), light-rail transit (LRT), bus rapid transit (BRT), and ferries.

Existing Transit and Transit Enhancements or Improvements As noted, the TOC Policy will apply to jurisdictions with fixed-guideway transit service stops and stations, as defined above, as well as any enhancements and improvements to these services, including infill stops and stations. Future One Bay Area Grant (OBAG) funding cycles (i.e., OBAG 4 and subsequent funding cycles) will consider funding revisions that prioritize investments in transit station areas that are subject to and compliant with the TOC Policy. (Please see FUNDING section for further detail.)

2 “Fixed guideway means a public transportation facility that uses and occupies a separate right-of-way or rail line for the exclusive use of public transportation and other high occupancy vehicles, or uses a fixed catenary system and a right of way usable by other forms of transportation. This includes, but is not limited to, rapid rail, light rail, commuter rail, automated guideway transit, people movers, ferry boat service, and fixed-guideway facilities for buses (such as bus rapid transit) and other high occupancy vehicles.” (49 CFR § 611.105)

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Transit Extensions
In the case of fixed-guideway transit extensions, jurisdictions must comply with TOC Policy requirements prior to the allocation of regional discretionary capital funding or endorsement for the transit project extension. For jurisdictions that have been planning for fixed-guideway transit extensions based on MTC’s Resolution No. 34343 Transit-Oriented Development Policy (TOD Policy)4, if the jurisdiction is in compliance with the existing TOD Policy, MTC may program or allocate regional discretionary capital funding for project construction prior to a jurisdiction’s compliance with the TOC Policy, but the jurisdiction must commit to achieving TOC Policy compliance by the adoption of the OBAG 4 program, estimated in 2026, through written documentation with MTC.

Opt-
In for Jurisdictions Not Served by Fixed-Guideway Transit Service Jurisdictions with transit stops and stations that are not served by fixed-guideway service (e.g., areas that are only served by regular fixed-route bus transit) may choose to “opt in” and voluntarily meet TOC Policy requirements.5

TOC POLICY REQUIREMENTS
TOC Policy requirements consist of the following four elements: 1) minimum and allowable residential and/or commercial office densities for new development; 2) policies focused on affordable housing production, preservation and protection, and commercial anti-displacement and stabilization polices; 3) parking management; and 4) transit station access and circulation.

These requirements, described further below, apply to areas within one half-mile of existing and planned fixed-guideway transit stops and stations: regional rail, commuter rail, light-rail transit (LRT), and bus rapid transit (BRT), and ferries.

3 See MTC Resolution No. 3434.
4 See MTC Resolution 3434 Transit-Oriented Development (TOD) Policy for Regional Transit Expansion Projects. 5 For locations with no fixed-guideway transit service, the Tier 4 density and parking management requirements will apply in addition to all other TOC Policy requirements.

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1. Density Requirements for New Development
The TOC Policy seeks to ensure that local planning and zoning will enable new development built within one half-mile of existing or planned fixed-guideway transit stops or stations to be built at sufficiently high densities to support transit ridership and increase the proportion of trips taken by transit. The density requirements do not require that local jurisdictions plan or zone for a particular type of land use, nor do they apply to parcels occupied by existing dwelling units to minimize the risk of displacement.
1A. Calculation of Minimum and Allowable Maximum Residential and Commercial Office Density
On average, minimum and allowable maximum densities should be at or above the ranges specified in the TOC Policy (see Tables 1 and 2) within the half-mile station area. This includes parcels where it may not be physically possible to construct new residential, commercial office, or mixed-use buildings within the specified density ranges due to small parcel sizes, environmental factors, or conflicts with Airport Land Use Compatibility Plans, etc. 1B. Minimum and Allowable Maximum Density for New Residential Development The TOC Policy seeks to ensure that local jurisdiction planning and zoning will enable new residential development built within one half-mile of existing or planned fixed-guideway transit stops or stations to be built at sufficiently high densities to support transit ridership and increase the proportion of trips taken by transit. The TOC Policy does not require that areas within a station area be zoned for residential uses. It also does not specify any zoning standards for parcels that are currently occupied by existing single- or multi-family dwelling units to minimize the risk of potential displacement.

As shown in Table 1 below, the TOC Policy establishes the following zoning standards for parcels where residential uses are allowed but that are not occupied by existing single- or multi- family residential units:
• Minimum Density: Land use plans and zoning must require that new residential development be built at or above the minimum densities specified in Table 1, on average.

In other words, a local jurisdiction’s plans/zoning could require minimum densities that are higher than those specified in Table 1, but plans/zoning could not allow new

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development to be built at densities that are lower than those specified in Table 1, on average.
• Allowable Maximum Density: If a local jurisdiction’s land use plans and zoning set an allowable maximum density for new residential development, then the allowable maximum density must be the same as or higher than the specified allowable maximum density in Table 1, on average. In other words, a local jurisdiction’s plans/zoning could allow higher densities than those specified in Table 1, but plans/zoning could not set a density limit (or maximum allowable density) that is lower than that specified in Table 1, on average. The allowable maximum densities are consistent with PBA2050 modeling for Strategy H3 (see Forecasting and Modeling Report, pp.44-45) and apply to base zoning (i.e., any density bonuses would be in addition to or on top of the allowable maximum densities specified in Table 1).
• Wh ile the TOC Policy does not specify requirements for building heights, local jurisdictions should not limit building heights such that new residential development at the densities specified by the TOC Policy becomes infeasible.

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Table 1: Minimum and Allowable Maximum Density for New Residential Development Level of Transit Service Minimum Density1 Allowable Maximum Density1, 2 Tier 1: Rail stations serving regional
centers (i.e., Downtown San Francisco,
Downtown Oakland, and Downtown San
José)
100 units/net acre or higher 150 units/net acre or higher Tier 2: Stop/station served by two or more
BART lines or BART and Caltrain
75 units/net acre or higher 100 units/net acre or higher Tier 3: Stop/station served by one BART
line, Caltrain, light rail transit, or bus
rapid transit
50 units/net acre or higher3 75 units/net acre or higher3 Tier 4: Commuter rail (SMART, ACE,
Capitol Corridor, Valley Link) stations,
Caltrain stations south of Tamien, or ferry
terminals
25 units/net acre or higher 35 units/net acre or higher Notes:

1. Or equivalent in Floor Area Ratio, or Form-Based development standards; excludes parcels currently occupied by homes.

2. The allowable densities are consistent with PBA2050 modeling for Strategy H3 (see Forecasting and Modeling Report, pp.44-45).

3. Tier 3 jurisdictions with a population of 30,000 or less may comply with Tier 4 residential density requirements.

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1C. Minimum and Allowable Maximum Density for New Commercial Office Development The TOC Policy seeks to ensure that any new commercial office development built within one half-mile of existing or planned fixed-guideway transit stops or stations is built at sufficiently high densities to support transit ridership, increase the proportion of work trips taken by transit, and increase the number of jobs that are accessible via transit. While the TOC Policy does not specify density requirements for other types of commercial uses, jurisdictions are strongly encouraged to plan and zone for a diverse mix of land uses within transit station areas to support the service and recreational needs of residents, workers, and/or visitors.

The TOC Policy does not require that areas within a station area be zoned for commercial office uses. It also does not specify any zoning standards for parcels that are currently occupied by existing single- or multi-family dwelling units to minimize the risk of potential displacement.

As shown in Table 2 below, the TOC Policy establishes the following zoning standards for parcels where commercial office uses are allowed but that are not occupied by existing single- or multi-family residential units:
• Minimum Density: Land use plans and zoning must require that new commercial office development be built at or above the minimum densities specified in Table 2, on average.

In other words, a local jurisdiction’s zoning could require minimum densities that are higher than those specified in Table 2, but zoning could not allow densities that are lower than those specified in Table 2, on average.
• Allowable Maximum Density: If a local jurisdiction’s land use plans and zoning set an allowable maximum density for new commercial office development, then the allowable maximum density must be the same as or higher than the specified allowable maximum density in Table 2, on average. In other words, a local jurisdiction’s zoning could allow higher densities than those specified in Table 2, but zoning could not set a density limit that is lower than that specified in Table 2, on average. The allowable maximum densities are consistent with PBA 2050 modeling for Strategy EC4 (see Forecasting and Modeling Report, pp. 57-58).

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• While the TOC Policy does not specify requirements for building heights, local jurisdictions should not limit building heights such that new commercial office development at the densities specified by the TOC Policy becomes infeasible.

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Table 2: Minimum and Allowable Maximum Density for New Commercial Office Development Level of Transit Service Minimum Density1 Allowable Maximum Density1, 2 Tier 1: Rail stations serving regional
centers (i.e., Downtown San Francisco,
Downtown Oakland, and Downtown San
José)
4 Floor Area Ratio (FAR) or higher 8 FAR or higher
Tier 2: Stop/station served by two or more
BART lines or BART and Caltrain
3 FAR or higher 6 FAR or higher
Tier 3: Stop/station served by one BART
line, Caltrain, light rail transit, or bus
rapid transit
2 FAR or higher 4 FAR or higher
Tier 4: Commuter rail (SMART, ACE,
Capitol Corridor, Valley Link) stations,
Caltrain stations south of Tamien, or ferry
terminals
1 FAR or higher 3 FAR or higher
Note:

1. For mixed-use projects that include a commercial office component, this figure shall not be less than the equivalent of the applicable allowed or permitted FAR standard.

2. The allowable densities are consistent with PBA 20505 modeling for Strategy EC4 (see Forecasting and Modeling Report, pp. 57-58).

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2. Affordable Housin g Production, Preservation, and Protection Policies and Commercial Protection and Stabilization Policies
While the production of all housing is a key goal of the TOC Policy, the provision of more affordable housing as well as the protection and preservation of existing affordable housing, particularly in locations that provide good access to transit, is an important means of advancing equity in the region. The affordable housing and anti-displacement policy options included in this requirement are based upon the most comprehensive review to date of the efficacy of policies in this arena, the 2021 “White Paper on Anti-Displacement Strategy Effectiveness” commissioned by the California Air Resources Board to support evidence-based state and local policy.
6 Furthermore, the experience of Bay Area and California communities points to the need for a comprehensive approach that includes a mix of production, preservation, and protection policies.

Given the region’s diverse needs and housing and land use contexts, a “menu” of policy options is provided such that local jurisdictions can fulfill TOC Policy requirements by implementing the affordable housing production, preservation, and protection policies that best meet local needs.

Policies may be implemented jurisdiction wide, or as an overlay in transit station areas, and should address a jurisdiction’s Regional Housing Needs Allocation and other housing needs as identified in the Housing Element. In some cases, state housing laws already require some of the policy options that are included here. However, many of these laws have sunset dates or more limited provisions. Jurisdictions that opt to enact local ordinances that either eliminate the sunset date or provide more significant legal protections can use such actions to satisfy this TOC Policy requirement.
2A. Affordable Housing Production
Two (2) or more of the policies listed in Table 3 below should apply in transit station areas that are subject to the TOC Policy. The adopted policies should address a documented local housing need. MTC/ABAG will issue subsequent guidance that provides further detail as to what should

6 Karen Chapple and Anastasia Loukaitou-Sideris, “White Paper on Anti-Displacement Strategy Effectiveness”, February 28, 2021, available at https://ww2.arb.ca.gov/sites/default/files/2021- 04/19RD018%20-%20Anti- Displacement%20Strategy%20Effectiveness.pdf.

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be included in affordable housing production policies for them to be considered compliant with the TOC Policy requirement.

Table 3: Affordable Housing Production Policies that Fulfill TOC Policy Requirement Affordable Housing Production
Policy
Description
Inclusionary Zoning Requires that 15% of units in new residential development projects above a certain number of units be deed-restricted affordable to low-income households. A lower percentage may be adopted if it can be demonstrated by a satisfactory financial feasibility analysis that a 15% requirement is not feasible.

Affordable Housing Funding Dedicated local funding for production of deed-restricted affordable housing.

Affordable Housing Overlay
Zones
Area-specific incentives, such as density bonuses and
streamlined environmental review, for development
projects that include at least 15% of units as deed-restricted affordable housing; exceeds any jurisdiction-wide
inclusionary requirements or benefits from state density bonus.

Public Land for Affordable
Housing
Policies to prioritize the reuse of publicly owned land for affordable and mixed-income housing that go beyond
existing state law, typically accompanied by prioritization of available funding for projects on these sites.

Ministerial Approval Grant ministerial approval of residential developments that include, at a minimum 15% affordable units if projects
have 11 or more units, or that exceed inclusionary or
density bonus affordability requirements and do not exceed

0.5 parking spaces per unit.

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Affordable Housing Production
Policy
Description
Public/Community Land Trusts
(This policy may be used to
fulfill either the housing
production or preservation
requirement, but not both.)
Investments or policies to expand the amount of land held by public- and non-profit entities such as co-operatives, community land trusts, and land banks with permanent
affordability protections.

Development Certainty and
Streamlined Entitlement Process
Include the vested rights and five hearing limit provisions currently outlined in SB330 (2019, Skinner) without a
sunset date.
2B. Affordable Housing Preservation
Two (2) or more of the policies listed in Table 4 below should apply in transit station areas that are subject to the TOC Policy. The adopted policies should address a documented local housing need. MTC/ABAG will issue subsequent guidance that provides further detail as to what should be included in affordable housing preservation policies for them to be considered compliant with the TOC Policy requirement.

Table 4: Affordable Housing Preservation Policies that Fulfill TOC Policy Requirement Affordable Housing
Preservation Policy
Description
Funding to Preserve
Unsubsidized Affordable
Housing
Public investments to preserve unsubsidized housing
affordable to lower- or moderate-income residents
(sometimes referred to as "naturally occurring affordable housing”) as permanently affordable.

Tenant/Community Opportunity
to Purchase
Policies or programs that provide tenants or mission-driven nonprofits the right of first refusal to purchase a property at the market price when it is offered for sale, retaining existing residents and ensuring long-term affordability of the units by requiring resale restrictions to maintain
affordability.

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Affordable Housing
Preservation Policy
Description
Single-Room Occupancy (SRO)
Preservation
Limits the conversion of occupied SRO rental units to
condominiums or other uses that could result in
displacement of existing residents.

Condominium Conversion
Restrictions
Require that units converted to condos be replaced 1:1 with comparable rental units, unless purchased by current long- term tenants or converted to permanently affordable
housing with protections for existing tenants.

Public/Community Land Trusts
(This policy may be used to
fulfill either the housing
production or preservation
requirement, but not both.)
Investments or policies to expand the amount of land held by public- and non-profit entities such as co-operatives, community land trusts, and land banks with permanent
affordability protections.

Funding to Support Preservation
Capacity
Dedicated local funding for capacity building or other
material support for community land trusts or other
community-based organizations engaged in affordable
housing preservation.

Mobile Home Preservation Policy or program to preserve mobile homes from conversion to other uses that may result in displacement of existing residents.

Preventing Displacement from
Substandard Conditions and
Associated Code Enforcement
Activities (This policy may be
used to fulfill either the housing
preservation or protection
requirement, but not both.)
Policies, programs, or procedures designed to minimize the risk of displacement caused by substandard conditions,
including through local code enforcement activities.

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2C. Affordable Housing Protection and Anti-Displacement Two (2) or more of the policies listed in Table 5 below should apply in transit station areas that are subject to the TOC Policy. The adopted policies should address a documented local housing need. MTC/ABAG will issue subsequent guidance that provides further detail as to what should be included in affordable housing protection and anti-displacement policies for them to be considered compliant with the TOC Policy requirement.

Table 5: Affordable Housing Protection and Anti-Displacement Policies that Fulfill TOC Policy Requirement
Affordable Housing Protection
and Anti-Displacement Policy
Description
“Just Cause” Eviction7 Defines the circumstances for evictions, such as nonpayment of rent, violation of lease terms, or permanent removal of a dwelling from the rental market, with
provisions that are more protective of tenants than those established by AB 1482 (2019, Chiu).8
No Net Loss and Right to Return
to Demolished Homes
Include the no net loss provisions currently outlined in SB 330 (2019, Skinner) without a sunset date. Re quire one-to- one replacement of units that applies the same or a deeper level of affordability, the same number of bedrooms and bathrooms, and comparable square footage to the units
demolished. Provide displaced tenants with right of first refusal to rent new comparable units at the same rent as demolished units.

7 Just Cause protections have been found to have a high impact on preventing displacement soon after its implementation (Chapple, 2021). A 2019 study found that cities with just cause eviction laws had much lower eviction and eviction filing rates than those who did not (Cuellar, 2019). 8 This could include, for example, greater limitations on no fault evictions such as “substantial remodels” and/or permanently implementing just cause protections (the protections provided by AB 1482 expire on January 1, 2030).

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Affordable Housing Protection
and Anti-Displacement Policy
Description
Legal Assistance for Tenants9 Investments or programs that expand access to legal assistance for tenants threatened with displacement. This could range from a “right to counsel”10 to dedicated public funding for tenant legal assistance.

Foreclosure Assistance Provide a dedicated funding source to support owner- occupied homeowners (up to 120% AMI) at-risk of
foreclosure, including direct financial assistance (e.g., mortgage assistance, property tax delinquency, HOA dues, etc.), foreclosure prevention counseling, legal assistance, and/or outreach.

Rental Assistance Program Provide a dedicated funding source and program for rental assistance to low-income households.

Rent Stabilization Restricts annual rent increases based upon a measure of inflation or other metric, with provisions exceeding those established by AB 1482 (2019, Chiu).11

9 Tenant right to counsel has been shown to decrease the rate of evictions and eviction filings. In New York City, where it was first implemented, 84% of tenants facing eviction were able to remain in their homes. In the first six months of San Francisco’s program, two-thirds of tenants who received full scope representation avoided eviction and eviction filings decreased by 10% (Chapple, 2021).
10 “Right to counsel” extends the right to an attorney, required in criminal procedures, to tenants in eviction trials, which are civil procedures.
11 For example, restricting maximum annual rent increases to the percent change in the Consumer Price Index, or permanently implementing rent stabilization protections.

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Affordable Housing Protection
and Anti-Displacement Policy
Description
Preventing Displacement from
Substandard Conditions and
Associated Code Enforcement
Activities (This policy may be
used to fulfill either the housing
preservation or protection
requirement, but not both.)
Policies, programs, or procedures designed to minimize the risk of displacement caused by substandard conditions,
including through local code enforcement activities. This may include, but not be limited to, proactive rental
inspection programs, assistance to landlords for property improvements in exchange for anti-displacement
commitments, and enhanced relocation assistance
requirements for temporary displacement due to
substandard conditions that pose an immediate threat to health and safety.

Tenant Relocation Assistance Policy or program that provides relocation assistance (financial and/or other services) to tenants displaced
through no fault of their own, with assistance exceeding that required under state law.

Mobile Home Rent Stabilization Restricts annual rent increases on mobile home residents based upon a measure of inflation or another metric.

Fair Housing Enforcement Policy, program, or investments that support fair housing testing, compliance monitoring, and enforcement.

Tenant Anti-Harassment
Protections
Policy or program that grants tenants legal protection from unreasonable, abusive, or coercive landlord behavior.
2D. Commercial Protection and Stabilization
One (1) or more of the policies in Table 6 should apply in transit station areas that are subject to the TOC Policy unless the jurisdiction can document that there are no potential impacts to small businesses and/or community non-profits. MTC/ABAG will issue subsequent guidance that provides further detail as to what should be included in commercial protection and stabilization policies for them to be considered compliant with the TOC Policy requirement.

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Table 6: Commercial Protection and Stabilization Policies that Fulfill TOC Policy Requirement
Commercial Protection and
Stabilization Policy
Description
Small Business and Non-Profit
Overlay Zone
Establish boundaries designated for an overlay, triggering a set of protections and benefits should development impact small businesses (including public markets) or community- serving non-profits.

Small Business and Non-Profit
Preference Policy
Give priority and a right of first offer to local small businesses and/or community-serving non-profits when
selecting a tenant for new market-rate commercial space.

Small Business and Non-Profit
Financial Assistance Program
Dedicated funding program for any impacted small
business and community-serving non-profits.

Small Business Advocate Office Provide a single point of contact for small business owners and/or a small business alliance.

3. Parking Management
Reducing automobile trips and prioritizing the limited land area near transit for other shared transportation modes and active transportation is a key complement to residential and commercial density increases that support higher transit ridership on the region’s existing and planned fixed-guideway transit investments.

Off-street vehicle parking standards for new residential or general and neighborhood-serving commercial
12 development should meet the standards listed in Table 7. These standards do not supersede other applicable requirements for parking for people with disabilities that is required by the California Building Code, or other state or federal laws, or off-street parking for deliveries. Standards may apply to individual projects or may be met through creation of a parking district that provides shared vehicle parking for multiple land uses within an area.

12 This generally includes retail and service businesses.

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Attachment A
MTC Resolution No. 4530

In addition to the requirements listed in Table 7, all new residential or general and neighborhood- serving commercial development must provide the following:
• A minimum of one secure bicycle parking space per dwelling unit. • A minimum of one secure bicycle parking space per 5,000 occupied square feet for office commercial.
• Allow unbundled parking.
• Allow shared parking between different land uses.

Jurisdictions should also adopt policies or programs included in MTC/ ABAG’s Parking Policy
Playbook to address transportation demand management (T DM) and curb management in these locations.

Table 7: Parking Management Requirements
Leve
l of Transit Service
New Residential
Development
New Commercial
Development
Tier 1: Rail stations serving
regional centers (i.e.,
Downtown San Francisco,
Downtown Oakland, and
Downtown San José)
No minimum parking
requirement allowed.

Parking maximum of 0.375
spaces per unit or lower.

No minimum parking
requirement allowed.

Parking maximum equivalent
to 0.25 spaces per 1,000
square feet or lower.

Tier 2: Stop/station served by
two or more BART lines or
BART and Caltrain
No minimum parking
requirement allowed.

Parking maximum of 0.5
spaces per unit or lower.

No minimum parking
requirement allowed.

Parking maximum of 1.6 per
1,000 square feet or lower.

Tier 3: Stop/station served by
one BART line, Caltrain,
light rail transit, or bus rapid
transit
No minimum parking
requirement allowed.

Parking maximum of 1.0
spaces per unit or lower.

No minimum parking
requirement allowed.

Parking maximum of 2.5
spaces per 1,000 square feet
or lower.

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Attachment A
MTC Resolution No. 4530

Level of Transit Service
New Residential
Development
New Commercial
Development
Tier 4: Commuter rail
(SMART, ACE, Capitol
Corridor, Valley Link)
stations, Caltrain stations
south of Tamien, or ferry
terminals
Parking maximum of 1.5
spaces per unit or lower.

Parking maximum of 4.0
spaces per 1,000 square feet
or lower.

4. Transit Station Access and Circulation
This requirement seeks to facilitate robust multimodal access to transit stations that maximizes the geographic area accessible from a stop or station via space-efficient forms of mobility (walking, cycling, shared mobility, and public transit) over space-intensive modes (single- occupancy vehicle travel). This helps enable increased residential and commercial density within transit station areas, but also enables those living, working, or accessing destinations beyond the half-mile station area to utilize the region’s transit network for more of their trips without having to rely on private automobiles.

Transit station access and circulation should prioritize access to transit for people with disabilities and/or mobility impairments by ensuring that all state and federal accessibility laws, codes, and guidelines are followed and that universal design principles, which enable access not only for people with disabilities but also for people with a wide range of ages, sizes, and abilities, are employed to the greatest extent possible.

Local jurisdictions, in coordination with transit agencies, community members, and other stakeholders, should complete the following in all transit station areas subject to the TOC Policy:

1. Adopt policies and design guidelines that comply with MTC’s Complete Streets Policy13 and prioritize implementation of the regional Active Transportation Network and any relevant Community Based Transportation Plans.

13 See MTC Resolution No. 4493.

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Attachment A
MTC Resolution No. 4530

2. Complete an access gap analysis and accompanying capital and/or service improvement program for station access via a 10-mintue walk (including for people who use wheelchairs or other mobility aids), and 15-minute bicycle or bus/shuttle trip either as a separate study or analysis or as part of a specific or area plan, active transportation plan, or other transportation plan or study that, at a minimum, includes the following:
a. The geographic area that can currently be accessed via a 10- or 15-minute trip by these modes, with particular focus on access to Equity Priority Communities and other significant origins and/or destinations;
b. Infrastructure and/or service improvements that would expand the geographic area that can be accessed via a 10- or 15-minute trip by these modes; and c. Incorporation of recommended improvements into a capital improvement or service plan for the local jurisdiction and/or transit agency (if applicable).

3. In coordination with transit operators, other mobility service providers, and the community, identify opportunities for Mobility Hub planning and implementation using MTC Mobility Hub locations and MTC’s Mobility Hub Implementation Playbook.

FUNDING
To assist jurisdictions with TOC Policy compliance, MTC’s One Bay Area Grant (OBAG3) program and the Regional Early Access Planning Grants of 2021 (REAP 2.0) will offer planning support to jurisdictions subject to the Policy. Future OBAG funding cycles (i.e., OBAG4) will consider funding revisions that prioritize investments in transit station areas that are subject to and compliant with the TOC Policy.

IMPLEMENTATION
The TOC Policy shall be implemented by requiring local jurisdictions with transit station areas subject to the policy to provide documentation to MTC demonstrating that the policy requirements have been satisfied. Within six months of policy adoption, MTC will provide guidance regarding documentation that local jurisdictions should provide to demonstrate TOC Policy compliance.

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Attachment A
MTC Resolution No. 4530

The TOC Policy complements the regional PDA Planning and Technical Assistance Program, which provides funding and technical guidance for comprehensive community planning in PDAs. MTC/ABAG will update PDA planning guidelines to include TOC Policy requirements, as well as guidance on how to achieve TOC Policy compliance, and will use the PDA Planning and Technical Assistance Program to assist local jurisdictions with TOC Policy implementation.

EVALUATION AND POLICY UPDATES
In conjunction with Plan Bay Area updates, MTC will evaluate the TOC Policy and its outcomes every four (4) years. Staff will recommend any revisions or modifications to the TOC Policy based on these evaluations.

TECHNICAL ASSISTANCE
In addition to the guidance referenced in the Policy, MTC will provide further guidance on TOC Policy requirements to local jurisdictions with transit station areas subject to the Policy, including assistance with determining appropriate housing policies, transportation demand management, parking and curb management policies and programs, and transit station access and circulation.

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CITY COUNCIL

STAFF REPORT
MEETING DATE: February 13, 2023
ITEM TITLE: Adopt Ordinance 1596 Amending San Carlos Municipal Code, Title 18, Zoning Ordinance, Sections 18.04 - Residential Districts, 18.05 – Mixed-Use Districts, 18.20 – Parking and Loading, and 18.41 – Terms and Definitions.

RECOMMENDATION:

By second reading, adopt Ordinance 1596 (Attachment 1) amending San Carlos Municipal Code, Title 18, Zoning Ordinance, Sections 18.04 – Residential Districts, 18.05 – Mixed Use Districts,

18.20 – Parking and Loading, and 18.41 – Terms and Definitions.

FISCAL IMPLICATIONS:

On May 26, 2020, the City Council adopted a resolution authorizing the City Manager to enter into a Professional Services Agreement with MIG in an amount not to exceed $800,000 to prepare a Focused General Plan Update to the Land Use, Housing, and Safety Elements, plus Zoning Ordinance amendments and an associated Environmental Impact Report. The City Council appropriated $800,000 toward this project in fund C1906.

On January 24, 2022 the City Council authorized a contract amendment for additional $21,276, or for a total of $821,276.

The City was awarded a total of $349,441 in planning grants for this project (SB2: $160,000; LEAP: $150,000; REAP: $39,441), which resulted in a fiscal impact to the City in the amount of $471,835.

BACKGROUND:

On January 23, 2023, the City Council approved by a 5-0 vote the first reading of Ordinance 1596 to amend the San Carlos Municipal Code, Title 18, Zoning Ordinance in response to, and for implementation of, the 2023-2031 Housing Element update as adopted by the City Council on January 23, 2023.

As part of the 2023-2031 Housing Element update, the City of San Carlos was assigned a Regional Housing Needs Allocation (RHNA) of 2,735 new housing units. To achieve these RHNA targets, and accommodate new housing opportunities in San Carlos for current and future residents, amendments to the San Carlos Zoning Ordinance are necessary and serve as a foundational strategy for the Housing Element. Specifically, Action HOU-4.2 of the 2023-2031 Housing Element directs the City of San Carlos to amend the Zoning Ordinance and allow greater densities and building heights to meet its RHNA obligation as mandated by State law.

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Table 1 below, copied from the 2023-2031 Housing Element, summarizes the primary changes to Zoning Districts that will accommodate and meet the State mandated RHNA.

Table 1: Proposed Changes to San Carlos Zoning Densities and Building Heights On January 23, 2023, the City Council introduced Ordinance No. 1596 to amend the Zoning Ordinance to incorporate these and other accompanying modifications to the Zoning Ordinance to support new housing opportunities in San Carlos (see Exhibit A to Ordinance 1596).

ANALYSIS:

This project implements the City Council’s Strategic Goal for Housing: The City of San Carlos will actively encourage and support the creation of housing to provide a safe, diverse and affordable supply by facilitating development of housing for all income levels; and further sets forth the following objective to achieve it: Study land use and other regulatory options to increase all types of housing.

Chapter 18.35, Amendments to the Zoning Ordinance and Map of the San Carlos Municipal Code, requires that the City Council make specific findings. These findings, along with the basis of findings, is provided below.

Zoning Ordinance Text Amendment Findings

1. The ordinance amendment is consistent with the General Plan.

2. The ordinance amendment is consistent with the purpose of this Ordinance to promote the growth of the city in an orderly manner and to promote and protect the public health, safety, peace, comfort and general welfare

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Basis for findings: The proposed amendments to the Zoning Ordinance are consistent with the Goals, Policies and Actions of the 2030 General Plan, including the 2023-2031 Housing Element, and as such promote the growth of the city in an orderly manner and promote and protect the public health, safety, peace, comfort and general welfare. The amendments also implement the Focused General Plan amendments to the Land Use, Circulation, Environmental Management, Noise, and Environmental Safety and Public Services Elements, which allows for effective implementation of the objectives of the comprehensive Zoning Ordinance update, reasonable enjoyment of private property. Further, the proposed Zoning Ordinance amendments are necessary to implement the 2023-2031 Housing Element, which will allow the City of San Carlos to effectively meet its fair share of the Bay Area’s regional housing needs of at least 2,735 new housing units, as set forth in the City of San Carlos’ Regional Housing Needs Allocation as assigned by the Association of Bay Area Governments. The San Carlos Zoning Ordinance is the primary document that implements the provisions of the San Carlos General Plan. There must be consistency between the two documents. The goal of the proposed Zoning Ordinance amendments is to update development standards in Section 18.05 Residential Districts, 18.05 Mixed-Use Districts,

18.20 Parking and Loading, and definitions within 18.41 Terms and Definitions for the purposes of consistency with the 2023-2031 Housing Element, and the Focused General Plan amendments to the Land Use, Circulation, Environmental Management, Noise, and Environmental Safety and Public Services Elements.

Zoning District Boundary Amendment Findings

1. The change in district boundaries is consistent with the General Plan.

2. The change in district boundaries is consistent with the purpose of this title to promote the growth of the city in an orderly manner and to promote and protect the public health, safety, peace, comfort and general welfare.

3. The change in district boundaries is necessary to achieve the balance of land use desired by the City, consistent with the General Plan, and to increase the inventory of land within a given zoning district.

Basis for findings: The proposed Zoning Map amendments adjust the allowed densities, including introducing a new minimum density, for the RM-20, RM-59, MU-N, MU-DC, MU-D, MU-SC, MU-NB, and MU-SB zoning districts. In addition, accompanying increases to building height and building stories are also proposed as set forth in Action HOU-4.2 of the adopted Housing Element. The proposed amendments to the recently adopted Zoning Ordinance are consistent with the Goals, Policies and Actions of the 2030 General Plan and as such promote the growth of the city in an orderly manner and promote and protect the public health, safety, peace, comfort and general welfare. The amendments implement the 2030 General Plan which allows for effective implementation of the objectives of the comprehensive Zoning Ordinance update, reasonable enjoyment of private property and clarification of regulation implementation.

Environmental Review
On January 23, 2023, the City Council voted 5-0 to adopt Resolution No. 2023-007 certifying the Final Environmental Impact Report (EIR) for the Focused General Plan Update, including amendments to the Zoning Ordinance. This included adopting the Statement of Overriding

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Considerations for significant but unavoidable affects associated with Air Quality and a Mitigation Monitoring and Reporting Program. It is generally common for General Plan EIRs in California to trigger air quality impacts and for cities to adopt a statement of overriding considerations for these impacts since they are regional issues beyond the control of local governments.

Next Steps
Should the City Council adopt, by second reading, Ordinance 1596 as agreed upon under City Council Resolution No. 2023-010 (Attachment 2), these Zoning amendments shall take effect 30- days following adoption, or on Wednesday, March 15, 2023.

ALTERNATIVES:

The options available to the City Council include:

1. Adopt Ordinance 1596 amending San Carlos Municipal Code Title 18 Zoning in response to, and for the implementation of, the 2023-2031 Housing Element Update; or

2. Do not adopt Ordinance 1596; or

3. Provide staff with alternative direction.

Respectfully submitted by:

Al Savay, Community Development Director
Approved for submission by:
_______________________
Jeff Maltbie, City Manager
ATTACHMENTS:

1. Ordinance No 1596
Exhibit A to Ordinance No. 1596 – Zoning Amendments
Exhibit B to Ordinance No. 1596 – Zoning Map

2. Resolution No. 2023-010

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ORDINANCE NO - 1596

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CARLOS AMENDING MUNICIPAL CODE, TITLE 18, ZONING ORDINANCE, SECTIONS 18.04 - RESIDENTIAL DISTRICTS, 18.05 – MIXED-USE DISTRICTS, 18.20 – PARKING AND LOADING, AND 18.41 – TERMS AND DEFINITIONS.
__________________________________________________________________________________ WHEREAS, the City of San Carlos’ Strategic Objective is to actively encourage and support the creation of housing to provide a safe, inclusive, diverse, and affordable supply by facilitating development for all income levels; and
WHEREAS, the City of San Carlos has undertaken a process to update the City of San Carlos Housing Element 2015-2023 in accordance with State law; and WHEREAS, State Housing Element Law (Government Code Sections 65580 et seq.) requires that the City of San Carlos adopt a housing element for the eight-year period 2023-2031 to accommodate the regional housing need allocation (RHNA) assigned to the County by the Association of Bay Area Governments of 2,735 housing units, comprised of 739 units affordable to very-low income households, 425 units affordable to low-income households, 438 units affordable to moderate-income households, and 1,133 units affordable to above moderate- income households; and
WHEREAS, on May 26, 2020 the City Council authorized the City Manager to enter into a Professional Services Agreement with MIG for consulting services to prepare a Focused General Plan Update (Land Use, Housing, and Safety Elements), corresponding Zoning Ordinance Amendments and an Environmental Impact Report in response to the City Council’s Strategic Objective to study land use and other regulatory options to increase all types of housing pursuant to the State mandate to update the San Carlos Housing Element consistent with State law; and
WHEREAS, as part of the preparations for the Focused General Plan update, including amendments to the San Carlos Zoning Ordinance, the City solicited public input through community surveys from mid-October through early December 2020 and again from early January 2021 through mid-February 2021; and
WHEREAS, the City held public outreach workshops with the community on November 30, 2020; January 20, 2021; May 26, 2021; and August 11, 2021 to discuss housing and environmental safety; community values, issues, and concerns; key housing priorities; land use strategies; housing changes and solutions; and housing changes and zoning strategies; and WHERAS, on September 27, 2021 the City Council held a study session to receive a status report on the Housing Element Update process for the 2023-2031 planning period, including proposed zoning density and building height increases; and WHEREAS, on September 19 and October 17, 2022 the Planning and Transportation Commission reviewed preliminary amendments to the San Carlos Zoning Ordinance; and WHEREAS, on September 26 and November 28, 2022 the City Council reviewed a preliminary amendments to the San Carlos Zoning Ordinance; and

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WHEREAS, prior to surveys, workshops, and Planning and Transportation Commission and City Council Study Sessions, City of San Carlos staff conducted robust community outreach to encourage maximum participation and project updates. This included social media posts on San Carlos’ Facebook, NextDoor, Instagram, and Twitter accounts. Announcements about the project and workshops were made at public meetings including City Council, Planning and Transportation Commission, Economic Development Advisory Council, and Youth Advisory Council meetings. In addition, the workshops were promoted through the City of San Carlos’ Spotlight Newsletter, Good Living Newsletter, City Council Newsletter, Adult Community Center Newsletter, Chamber of Commerce Newsletter, and San Carlos’ E-notify (email) communication system. Grassroots efforts included booths at the San Carlos Farmer’s Market and flyers throughout the Downtown; and
WHEREAS, pursuant to Government Code Sections 65853 and 65850 and San Carlos Municipal Code Chapter 18.35.050, when a change in the Zoning Ordinance (Title 18 of the San Carlos Municipal Code) is found necessary, the Planning and Transportation Commission shall hold a public hearing to consider such change and render its decision to the City Council; and WHEREAS, pursuant to pursuant to San Carlos Municipal Code Chapter 18.35.050 and the California Government Code Sections 65090 and 65091 a Public Hearing Notice was published December 23, 2022 for the Draft Zoning Ordinance text amendments in the local newspaper, with additional notification via social media posts on San Carlos’ Facebook, NextDoor, Instagram, and Twitter accounts and email sent to over 1,000 individuals who have signed up to follow the Focused General Plan Update project, which includes proposed amendments to the Zoning Ordinance; and
WHEREAS, on December 22, 2022 City staff mailed a courtesy letter to over 1,000 property owners who have property zoned as either RM or MU in San Carlos to inform them that their property is proposed to be upzoned to allow additional density and height increases and of the adoption schedule for the proposed Zoning Ordinance amendments; and WHEREAS, on January 3, 2023 the Planning and Transportation Commission conducted a duly noticed public hearing and received public comments on proposed amendments to the San Carlos Municipal Code, Title 18, Zoning Ordinance, and adopted Resolution No. PTC 2023-04 recommending that the City Council adopt an Ordinance; and WHEREAS, pursuant to San Carlos Municipal Code Chapter 18.35.080, the Planning and Transportation Commission shall make findings regarding a Zoning title text amendment and the recommendation to the City Council shall include the reasons for finding that the recommendation is consistent with the 2030 General Plan, including the Housing Element update for the 2023- 2031 planning period, and consistent with Title 18 to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, peace, comfort and general welfare; and
WHEREAS, the Planning and Transportation Commission has recommended that the City Council certify the Final EIR as adequate and complete in compliance with CEQA and the State CEQA Guidelines, and as adequate and complete for consideration in making a decision on the merits of the proposed Zoning Ordinance amendments.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN CARLOS DOES ORDAIN AS FOLLOWS:

SECTION ONE. PURPOSE AND INTENT

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The purpose and intent of this Ordinance is to adopt amendments to comply with the State Planning and Zoning Law, including specifically implementation of the updated Housing Element and for the purpose of “[d]esignating and maintaining a supply of land and adequate sites suitable, feasible, and available for the development of housing sufficient to meet the locality’s housing need for all income levels … essential to achieving the state’s housing goals and purposes of” state housing element law.

SECTION TWO. FINDINGS
The City Council of the City of San Carlos hereby incorporates by reference all of the Recitals and footnotes thereto set forth in this Ordinance.

SECTION THREE. AMENDMENT OT TITLE 18
The following sections are hereby added to Title 18 of the San Carlos Municipal Code:

1. The above recitals and findings are hereby incorporated by this reference and are hereby approved.

2. Findings (San Carlos Municipal Code Section 18.35.030) a. Zoning Ordinance Text Amendment Findings.
i. This ordinance amendment is consistent with the General Plan, ii. The ordinance amendment is consistent with the purpose of San Carlos Municipal Code, Title 18, to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, peace, comfort and general welfare.

Basis for findings: The proposed amendments to the Zoning Ordinance are consistent with the Goals, Policies and Actions of the 2030 General Plan, including the 2023-2031 Housing Element, and as such promote the growth of the City in an orderly manner and promote and protect the public health, safety, peace, comfort and general welfare. The amendments also implement the Focused General Plan amendments to the Land Use, Circulation, Environmental Management, Noise, and Environmental Safety and Public Services Elements, which allows for effective implementation of the objectives of the comprehensive Zoning Ordinance update, reasonable enjoyment of private property. Further, the proposed Zoning Ordinance amendments are necessary to implement the 2023-2031 Housing Element, which will allow the City of San Carlos to effectively meet its fair share of the Bay Area’s regional housing needs of at least 2,735 new housing units, as set forth in the City of San Carlos’ Regional Housing Needs Allocation (“RHNA”) as assigned by the Association of Bay Area Governments. The San Carlos Zoning Ordinance is the primary document that implements the provisions of the San Carlos General Plan. There must be consistency between the two documents. The goal of the proposed Zoning Ordinance amendments is to update development standards in Section

18.05 Residential Districts, 18.05 Mixed-Use Districts, 18.20 Parking and Loading, and definitions within 18.41 Terms and Definitions for the

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purposes of consistency with the 2023-2031 Housing Element, and the Focused General Plan amendments to the Land Use, Circulation, Environmental Management, Noise, and Environmental Safety and Public Services Elements.
b. Zoning District Boundary Amendment Findings:
i. The change in district boundaries is consistent with the General Plan. ii. The change in district boundaries is consistent with the purpose of this title to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, peace, comfort and general welfare.
iii. The change in district boundaries is necessary to achieve the balance of land use desired by the City, consistent with the General Plan, and to increase the inventory of land within a given zoning district.

Basis for findings: The proposed Zoning Map amendments adjust the allowed densities, including introducing a new minimum density, for the RM-20, RM-59, MU-N, MU-DC, MU-D, MU-SC, MU-NB, and MU-SB zoning districts. In addition, accompanying increases to building height and building stories are also proposed as set forth in the table below.

The increase in residential densities and heights to accommodate new housing units applies to areas that already allowed residential uses; no new residential uses have been introduced in San Carlos commercial or industrial zoning districts and thus no zoning district boundaries adjustments have been made. The purpose of these amendments is to implement the 2023-2031 Housing Element; these amendments are consistent with the amendments of the Focused General Plan update,

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including the Land Use Element and its accompanying Land Use Map.

Accordingly, the proposed Zoning Ordinance amendments continue to promote the growth of the City in an orderly manner and promote and protect the public health, safety, peace, comfort and general welfare, and effectively achieve the balance of land uses desired by the City, and are consistent with the General Plan, and increase the inventory of land available to accommodate San Carlos’ housing needs.

SECTION FOUR. SEVERABILITY
Every section, paragraph, clause, and phrase of this Interim Ordinance is hereby declared to be severable. If for any reason, any section, paragraph, clause, or phrase is held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining section, paragraphs, clauses or phrases.

SECTION FIVE. EFFECTIVE DATE
This Ordinance is intended to be adopted in compliance with the requirements of the State Housing and Zoning Law and in accordance with applicable law. This Ordinance shall be published and posted according to law and shall take effect and be in force from and after 30- days after its passage and adoption.

SECTION SIX. ADOPTION OF ZONING ORDIANCE AMENDMENTS
The City Council hereby ordains and adopts the Zoning Ordinance (Title 18) amendments as set forth in Exhibit “A” and adopt the accompanying changes to the Zoning Map as set forth in Exhibit “B”.
*****
I, City Clerk Crystal Mui, herby certify that the foregoing Ordinance was introduced on the 23rd day of January, 2023 and passed and adopted at a regular meeting of the City Council of the City of San Carlos at a regular meeting thereof held on the 13th day of February, 2023, by the following vote:

AYES, COUNCILMEMBERS: ______________________________________________ NOES, COUNCILMEMBERS: ______________________________________________ ABSENT, COUNCILMEMBERS: ______________________________________________ ________________________________
CITY CLERK of the City of San Carlos
APPROVED:
___________________________
MAYOR of the City of San Carlos
Exhibits:

A. San Carlos Municipal Code Title 18 amendments

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B. Zoning Map

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EXHIBI T A

AMENDMENTS TO TITLE 18 ZONING

18.04 Residential Districts

18.05 Mixed- Use Districts

18.20 Parking and Loading

18.41 Terms and Definitions

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Chapter 18.04
RESIDENTIAL DISTRICTS Revised 11/20 Revised 3/21
Sections:

18.04.010 Purpose. Revised 11/20 Revised 3/21

18.04.020 Land use regulations. Revised 11/20 Revised 3/21

18.04.030 Development standards—RS districts. Revised 11/20

18.04.040 Supplemental regulations—RS districts.

18.04.050 Development standards—RM districts.

18.04.060 Supplemental regulations—RM districts.

18.04.070 Residential development types. Revised 11/20

18.04.010 Purpose. Revised 11/20 Revised 3/21
The specific purposes of the residential districts are to:

A. Preserve, protect, and enhance the character of the City’s different residential neighborhoods.

B. Ensure adequate light, air, and open space for each dwelling.

C. Ensure that the scale and design of new development and alterations to existing structures are compatible with surrounding homes and appropriate to the physical characteristics of the site and the area where the project is proposed.

D. Provide sites for public and semi-public land uses, such as parks and public safety facilities, that will serve City residents and will complement surrounding residential development.

Additional purposes of each residential district which follow implement General Plan classifications of “Single-Family, 3 du/acre,” “Single-Family, 6 du/acre” “Multiple-Family, 15-20 du/acre,” “Multiple-Family, 45-59 du/acre,” and Multiple-Family, 75-100 du/acre.”
E. RS-3 Single-Family, Low Density. This district is intended for residential densities up to three (3) units per net acre. Dwelling types may include detached single-unit housing and accessory dwelling units. In addition to single-unit homes, this district provides for uses such as small and large family child care, park and recreation facilities, and community gardens that may be appropriate in a single -family residential neighborhood.

F. RS-6 Single-Family. This district is intended for residential densities up to six (6) units per net acre.

Dwelling types may include detached single-unit housing, small lot single-unit development, duplexes,

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townhomes, and accessory dwelling units. This district also allows for uses such as small an d large family child care, park and recreation facilities, and civic and institutional uses such as schools and places for community assembly that may be appropriate in a single-family residential neighborhood.

G. RM-20 Multiple-Family, Low Density. This district is intended for residential densities of up to twenty (20) units per net acre developed at a scale and form that is appropriate to its neighborhood context and adjacent uses. Dwelling types include small lot single-unit development, bungalow courts, front or rear loaded townhomes, multi-unit buildings, and accessory dwelling units. This district also allows for limited uses such as small and large family day care, park and recreation facilities, and civic and institutional uses such as schools and places for community assembly that are appropriate in a low density multifamily residential environment.

H. RM-59 Multiple-Family, Medium Density. This district is intended for residential development at densities up to fifty-nine (59) units per net acre. This density range accommodates townhomes and multi- unit buildings developed at a scale and form that is appropriate to its neighborhood context and adjacent single-family residential uses and forms. Small lot single-unit and bungalow court development is allowed where site conditions exist rendering the development type equal to or better than multi -unit or townhome development. Accessory dwelling units are also permitted in this district. In addition to residential uses, this district allows for a limited number of public and semi-public uses such as day care centers, public safety facilities, and residential care facilities that are appropriate in a medium density multifamily residential environment. (Ord. 1568 § 1 (Exh. A), 2021; Ord. 1566 (Exh. B (part)), 2020: Ord. 1537 (Exh. B (part)), 2018: Ord. 1480 (Exh. B (part)), 2015: Ord. 1438 § 4 (Exh. A (part)), 2011) I. RM-100 Multiple-Family. This district is intended for residential development at densities up to one hundred (100) units per net acre. This density range accommodates townhomes and multi-unit buildings developed at a scale and form that exemplifies high quality development. Accessory dwelling units are also permitted in this district. In addition to residential uses, this district allows for a limited number of public and semi-public uses such as day care centers, public safety facilities, and residential care facilities that are appropriate in a high density multifamily residential environment.

18.04.020 Land use regulations. Revised 11/20 Revised 3/21 Table 18.04.020 prescribes the land use regulations for residential districts. The regulations for each district are established by letter designations as follows:
“P” designates permitted uses.
“M” designates use classifications that are permitted after review and approval of a minor use permit by the Zoning Administrator.

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“C” designates use classifications that are permitted after review and approval of a conditional use permit by the Planning Commission.
“(#)” numbers in parentheses refer to specific limitations listed at the end of the table. “-” designates uses that are not permitted.

Use classifications are defined in Chapter 18.40, Use Classifications. In cases where a specific land use or activity is not defined, the Director shall assign the land use or activity to a classification that is substantially similar in character. Use classifications and subclassifications not listed in the table or not found to be substantially similar to the uses below are prohibited. The table also notes additional use regulations that apply to various uses. Section numbers in the right-hand column refer to other sections of this title.

TABLE 18.04.020: LAND USE REGULATIONS—RESIDENTIAL DISTRICTS

Use Classification

RS-3

RS-6

RM-
20 RM-
59 RM-
100

Additional Regulations
Residential Uses
Residential Housing
Types
See subclassifications below
Single-Unit Dwelling P P - - -

See Section 18.04.070,
Residential development types
Small Lot Single-Unit
Development
- C(1) P C(2) C(2)
Bungalow Court - C(1) P C(2) C(2)
Accessory Dwelling Unit P P P P P
Junior Accessory
Dwelling Unit

P P - - -
Duplex - C P - -
Townhouse Development - C P P P

Multi-Unit Residential

-

-

P

P

P

Elderly and Long-Term
Care
- - - C C

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Family Day Care See subclassifications below

Small

P

P

P

P

P

Large

P

P

P

P

P

Group Residential

-

-

-

P

P

Residential Care Facilities See Subclassification below

General - - M M M See Section 18.23.200,
Residential care facilities

Limited

P

P

P

P

P

Senior - - M M M See Section 18.23.200,
Residential care facilities
Single Room Occupancy - - C C C See Section 18.23.220, Single room occupancy hotels
Transitional Housing P P P P P See Section 18.23.250,
Transitional and supportive
housing
Supportive Housing P P P P P See Section 18.23.250,
Transitional and supportive
housing
Public and Semi-Public Uses
Community Assembly - C - C C See Section 18.23.080,
Community assembly facilities

Community Garden

P

P

P

P

P

Cultural Institution

-

C

-

C

C

Day Care Centers - - - P P See Section 18.23.090, Day care Park and Recreation
Facilities, Public

P P P P P

Public Safety Facilities

-

C

C

C

C

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Schools, Public or Private - C C C C

Social Service Facilities

-

-

-

M

M

Commercial Uses
Eating and Drinking
Establishments,
Convenience
- C(3) - - - See Section 18.23.140, Outdoor
dining
Retail Sales, Convenience
Markets
- C(3) - - -
Transportation, Communication, and Utilities Uses
Communication Facilities See Chapter 18.24, Wireless Telecommunications Facilities

Utilities, Minor

P

P

P

P

P

Other Applicable Types
Accessory Uses and
Structures
See Sections 18.15.020, Accessory buildings and structures, and 18.23.030, Accessory uses
Home Occupations P P P P P See Section 18.23.120, Home occupations
Nonconforming Use Chapter 18.19, Nonconforming Uses, Structures, and Lots Temporary Use See Section 18.23.240, Temporary uses
Specific Limitations:

1. In addition to standard use permit findings, the Planning Commission must find that the development is designed with massing and height that is sensitive to the building pattern of the area and adjacent properties.

2. In addition to standard use permit findings, the Planning Commission must find that specific site conditions exist such that the proposed development type is equal to or better than multi-unit residential or townhouse development types with regard to design and achievable density and the project is designed with massing and height that is sensitive to the building pattern of the area and adjacent properties.

3. Subject to the following limitations:
a. Limited to cafes, coffee shops, delis, and neighborhood markets. Full service restaurants are not allowed.

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b. Limited to one thousand five hundred square feet of sales area. c. Hours of operation are limited to between seven a.m. and nine p.m. d. Must be located within a two-story building.
e. Must be located on a corner lot with frontage on an arterial a minimum of one-half mile from the MU-DC-100, and MU-D-100, and MU-D-120 districts and other existing neighborhood-serving retail. f. In addition to the findings required for all use permits, the Planning Commission must find that the proposed use promotes community health, interaction, and socialization of the neighborhood; complements the residential character of the surrounding neighborhood; and will not adversely impact adjacent properties. (Ord. 1568 § 1 (Exh. A), 2021; Ord. 1566 (Exh. B (part)), 2020; Ord. 1537 (Exh. B (part)), 2018: Ord. 1480 (Exh.

B (part)), 2015; Ord. 1438 § 4 (Exh. A (part)), 2011)

18.04.030 Development standards—RS districts. Revised 11/20 Table 18.04.030 prescribes the development standards for RS districts. Additional regulations are denoted in a right-hand column. Section numbers in this column refer to other sections of this title, while individual letters refer to subsections that directly follow the table. The numbers in each illustration below refer to corresponding regulations in the “#” column in the associated table.

TABLE 18.04.030: DEVELOPMENT STANDARDS—RESIDENTIAL SINGLE-FAMILY DISTRICTS District RS-3 RS-6 Additional Regulations #
Lot and Density Standards

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TABLE 18.04.030: DEVELOPMENT STANDARDS—RESIDENTIAL SINGLE-FAMILY DISTRICTS District RS-3 RS-6 Additional Regulations #
Maximum
Density
(units/net
acre)
3 6
Minimum Lot
Size (sq. ft.)
10,000 5,000
Corner Lots 10,000 6,000
Minimum Lot
Width (ft.)
75 40 1
Corner Lots 75 60 2
Maximum Floor Area
Maximum
Floor Area
(MFA)
For lots less than or equal to
7,500 sq. ft. MFA is the greater
of 1,100 sq. ft. + 35% of the lot
area or 50% of the lot area; for
lots greater than 7,500 sq. ft.

MFA is 50% of the lot area.

See Chapter 18.03, Rules of
Measurement; See
Section 18.23.210 for accessory
dwelling unit and junior accessory
dwelling unit standards

Building Form and Location
Maximum
Height (ft.)
28 (A) 28 (A) See Section 18.15.060, Height and
height exceptions
3 Public and
Semi-Public
Uses
28 45
Minimum Setbacks (ft.)
Front 20 1st Story: 15 (B)
2nd Story: 19
See Section 18.15.080, Projections
into yards
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TABLE 18.04.030: DEVELOPMENT STANDARDS—RESIDENTIAL SINGLE-FAMILY DISTRICTS District RS-3 RS-6 Additional Regulations #
Interior Side 1st Story:
10 2nd
Story: 14
(D)
1st Story: 5 (C)
2nd Story: 9 (D)
5 Street Side 1st Story:
10 (E)
2nd
Story: 14
(D, E)
1st Story: 7.5 (E)
2nd Story: 11.5 (D, E)
6 Rear 20 15 (F) 7
Garage, from
property line
20 20 8
Garage, from
primary
facade
5 (G) 5 (G) 9
Maximum Lot
Coverage
(Percent of
Lot)
25 in H
Overlay
35 outside H
Overlay
50 See Chapter 18.03, Rules of
Measurement
10 A. Building Height, Single-Family Homes. Within the front and rear fifteen feet of the building, the maximum height shall be no more than twenty-eight feet, measured as a vertical distance from the lowest finished grade at the building face to the topmost point of the roof.

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FIGURE 18.04.030-A: BUILDING HEIGHT, SINGLE-FAMILY HOMES

B. Ground Floor Front Setback. Where twenty-five percent or more of the lots on the same block face have been improved with buildings, the minimum ground floor front setback requirement shall be the average of the actual front setback of all improved lots on such block face or fifteen feet, whichever is less.

C. Narrow Lot Side Setback. The minimum ground floor side setback for lots with an average width of forty-five feet or less shall be a minimum of ten percent of the lot width, or three feet, whichever is greater.

D. Second Story Projection. The upper story may align with the lower story or project a maximum of four feet into the required second story setback for up to thirty percent of the length of the lower story.

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FIGURE 18.04.030-D: SECOND STORY PROJECTION

E. Street Side Setbacks on Lots with Reversed Frontage. The exterior side setback in the rear twenty -five percent of a reversed corner lot shall not be less than the front yard required or existing, whichever is less, on the adjoining key lot.

FIGURE 18.04.030-E: STREET SIDE SETBACKS ON LOTS WITH REVERSED FRONTAGE

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F. Rear Setback. The ground floor may be located up to five feet from the rear property line if a minimum of fifteen percent of the area of the building site is provided clear and unobstructed to the rear of the dwelling.

G. Garage Setback Exception. Exceptions to the garage setback may be granted through the design review process where the review authority finds the visual prominence of the garage has been minimized and the site is small and constrained such that locating the garage five or more feet from the primary facade is not feasible.

H. Detached Garages. Detached garages shall be located in the rear half of the lot. The Director may approve a detached garage in the front half of the lot subject to the front setback requirements of the base district where the size, shape, topography, location, surroundings, or exis ting structures of the property make it infeasible to locate the garage in the rear half of the lot. (Ord. 1566 (Exh. B (part)), 2020; Ord. 1537 (Exh. B (part)), 2018: Ord. 1480 (Exh. B (part)), 2015; Ord. 1438 § 4 (Exh. A (part)), 2011)

18.04.040 Supplemental regulations—RS districts.

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A. Design of Building Additions. Roof lines, exterior materials, windows, railings, porches, and other design elements shall be designed in a manner which is compatible with the design elements of the existing buildings and surrounding neighborhood.

B. Building Entrances. The principal entry shall be located in a visible location facing the street and shall incorporate a projection (e.g., porch) or recess, or combination of projection and recess at least forty square feet in area, with a minimum depth of five feet. Alternative designs that create a welcoming entry feature facing the street, such as a trellis or landscaped courtyard entry, may be approved through the design review process.

FIGURE 18.04.040-B: BUILDING ENTRANCES—RS DISTRICTS

C. Window Trim or Recess. Trim at least one inch in depth must be provided around all windows, or window must be recessed at least two inches from the plane of the surrounding exterior wall. For double - hung and horizontal sliding windows, at least one sash shall achieve a two-inch recess. Exceptions may be granted through the design review process to accommodate alternative window design complementary to the architectural style of the structure.

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FIGURE 18.04.040-C: WINDOW TRIM OR RECESS—RS DISTRICTS

D. Architectural Articulation. Buildings shall include adequate design features to create visual variety and avoid a large-scale and bulky appearance.

1. No street-facing facade shall run in a continuous plane of more than twenty-five feet without a window or a projection, offset, or recess of the building wall at least one foot in depth. Building entrances and front porches, and projections into required yards such as stoops, bays, overhangs, fireplaces, and trellises count towards this requirement.

2. Building elevations abutting side yards shall be designed to provide at least one horizontal plane break of at least three feet, and one vertical break. Alternative designs to accommodate a complete architectural style may be approved through the design review process when the review authority finds that adequate design features have been incorporated to create visual variety and avoid a bulky or monolithic appearance.

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FIGURE 18.04.040-D: ARCHITECTURAL ARTICULATION—RS DISTRICTS

E. Materials. All materials shall be high quality to allow for long-term durability and appearance. The exterior use of foam as trim and plywood or aluminum as siding materials is prohibited.

F. Garage Frontage. Where an attached garage is located on the front half of the lot and garage doors face a street, garage width shall not exceed sixty-five percent of the width of the front facade of the building (sixty percent on lots wider than one hundred feet).

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FIGURE 18.04.040-F: GARAGE FRONTAGE—RS DISTRICTS

G. Paving. The maximum amount of paving in street-facing yards is fifty percent of the required yard.

H. Driveways. Curb cuts and driveways shall be minimized.

1. Driveway approaches (curb cuts) shall be permitted only to provide access to approved garages, carports and parking spaces.

2. A maximum of one driveway up to twenty feet wide is permitted to serve a single unit.

Driveways serving two or more units shall be the minimum width required by the City Engineer.

3. All driveways must have minimum two-foot-wide planted area on each side.

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I. Alley Access. A detached garage or carport is permitted to have access to the alley if:

1. The garage or carport entrance is set back a minimum of four feet from the rear property line;

2. A forty-five-degree visibility triangle is provided on either side of the garage or carport;

3. The garage door does not cross the property line when opened or closed; and

4. The Director finds that such access will not adversely affect vehicle or pedestrian use of the street or alley.

FIGURE 18.04.040-I: ALLEY ACCESS
J. Small Lot Subdivisions.

1. Purpose. The purpose of this subsection is to provide opportunities to increase the supply of smaller dwelling units and rental housing units by allowing the creation of subdivisions with smaller lots and dwellings. It also is intended to establish design and development standards for these

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projects to ensure that they are compatible with the surrounding neighborhood, where the General Plan anticipates no change to existing neighborhood character.

2. Location. A small lot subdivision may be proposed and approved on any site within the RS district where such development would be compatible with adjacent uses and the character of the area. A small lot subdivision shall not be allowed where the review authority determines that public utilities and services are inadequate or the landform is inappropriate for such development because of grading or impacts on views from adjacent lots.

3. Development Types. Small lot subdivisions may be proposed and approved for small lot single - unit, bungalow court, and townhouse development developed according to Section 18.04.070, Residential development types.

4. Lot Standards. The lot standards listed in Table 18.04.040-J, Small Lot Subdivision Lot Standards, apply to small lot subdivisions.

TABLE 18.04.040-J: SMALL LOT SUBDIVISION LOT STANDARDS
Standard Small Lot Bungalow Court Townhouse
Minimum Lot Size (sq. ft.) 2,000 2,000 n/a
Minimum Lot Width (ft.) 30 30 20

5. Permit Requirement. A proposed small lot subdivision shall require the approval of a conditional use permit in compliance with Chapter 18.30, Use Permits, and a tentative map in compliance with the Subdivision Ordinance.

6. Required Findings. In addition to standard use permit findings, the review authority must find that the development is compatible with the neighborhood and that dwellings are proportionate to the lot size. (Ord. 1537 (Exh. B (part)), 2018: Ord. 1438 § 4 (Exh. A (part)), 2011)

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18.04.050 Development standards—RM districts.

Tables 18.04.050-1 and 18.04.050-2 prescribe the development standards for RM districts. Additional regulations are denoted in a right hand column. Section numbers in this column refer to other sections of this title, while individual letters refer to subsections that directly follow the table. The numbers in each illustration below refer to corresponding regulations in the “#” column in the associated table.

TABLE 18.04.050-1: DEVELOPMENT STANDARDS-RESIDENTIAL MULTIFAMILY DISTRICTS

District

RM-20

RM-59

RM-100

Additional Regulations

#
Lot and Density Standards
Maximum
Density
(units/net acre)
20 59 100

1 Minimum Density
(units/net acre)1
15 45 75
Minimum Lot Size
(sq. ft)
6,000 10,000 10,000 2
Minimum Lot
Width (ft.)
60 100 100 3
Corner Lots 70 100 100
Building Form and Location

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Maximum Height
(ft.)

35 50(A) 60 (A)

See Section 18.15.060
Height and height
exceptions

Maximum Stories

3 4 (B)

5(B)

Minimum Setbacks (ft.)
Front 15(C) 15(C) 4
Interior Side First two stories; 5, 10; thereafter
(A)

See Section 18.15.080,
Projections into required
yards

5 Street Side 10 (D) 10(D) 10(D) 6
Rear 15 15(A) 15(A) 7
Parking, from
Street-Facing
Property Line
40 (E) 40 (E) 40 (E) 8

Maximum Lot
Coverage
(Percent of Lot)
65 75 75 See Chapter 18.03, Rules
of Measurement

Maximum Floor
Area Ratio (FAR)

0.75 2.0 3.0
Maximum Upper story Massing (Percent of Ground Floor Footprint) 2nd Story 100 100 100 Not applicable on lots less
than 60 feet wide

3rd, 4th and 5th
Storiesy Above

80 80

80 (1) Minimum Density requirement is triggered for new development projects only, not for minor additions or improvements.Minimum densities apply to new development and construction of new projects, or when adding residential to an existing commercial use. For wholesale conversion of commercial uses to residential, minimum densities shall apply; but for small conversion of an existing single-space commercial use to residential, minimum densities shall not apply.

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TABLE 18.04.050-2: ADDITIONAL STANDARDS-RESIDENTIAL MULTIFAMILY DISTRICTS District RM-20 RM-59 RM-100 Additional Regulations
Minimum Private Open Space (sq.ft.
per unit)
150 0 0 (F)
Minimum Common and/or Private
Open Space (percent of site area)

15 15

10 (F)
Minimum Amount of Landscaping
(percent of site)

20 15
10 See Chapter 18.18
Landscaping
Maximum Paving in Street-Facing
Yards (percent of required yard)

50 50

50 A. Transitional Standards. Where an RM-59 and RM-100 district adjoins is adjacent to an RS district, the following standards apply:

1. For the RM-100 zoning district, the maximum height within forty feet of an RS district is forty feet. The maximum height within fifty feet of an RS district is fifty feet.

2. For the RM-59 zoning district, the maximum height within forty feet of an RS district is thirty feet. The maximum height within fifty feet of an RS district is forty feet.

3. The building setback from an RS district boundary shall be ten feet for interior side yards and twenty feet for rear yards.

4. A landscaped planting area, a minimum of five feet in width, shall be provided along all RS district boundaries. A tree screen shall be planted in this area with trees planted at a minimum interval of fifteen feet.

FIGURES 18.04.050-A: TRANSITIONAL STANDARDS—RM DISTRICTS

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B. Upper Story Stepback. The fourth and fifth story street-facing building frontages shall be stepped back a minimum of ten feet from the stories below. Exceptions may be granted by the Director; provided, that an entry courtyard with a minimum depth of twenty-five feet, landscaping, and seating amenities are provided on the ground level at grade; or other comparable public amenities are provided.

FIGURE 18.04.050-B: UPPER STORY SETBACK

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C. Front Setback. Where seventy-five percent or more of the lots in a block, on both sides of the street, have been improved with buildings, the minimum front setback required shall be the average of improved lots or fifteen feet, whichever is less.

D. Street Side Yards on Lots with Reversed Frontage. The rear one-quarter of the exterior side yard shall not be less than the front yard required or existing on the lot adjoining such exterior side yard.

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FIGURE 18.04.050-D: STREET SIDE YARDS ON LOTS WITH REVERSED FRONTAGE—RM DISTRICTS

E. Parking Setback. Parking may be located within forty feet of the street-facing property line in accordance with the following standards:

1. Underground and Partially Submerged Parking. Parking completely or partially underground may match the setbacks of the main structure. The maximum height of a parking podium visible from a street is five feet from finished grade.

2. Surface Parking. Above-ground parking may be located within forty feet of a street-facing property line with the approval of a conditional use permit when the decision making authority can make all of the following findings can be made:
a. The design incorporates habitable space built close to the public sidewalk to the maximum extent feasible;
b. The parking area is well screened with a wall, hedge, trellis, and/or landscaping; and c. The site is small and constrained such that underground, partially submerged, or surface parking located more than forty feet from the street frontage is not feasible.

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F. Open Space. Private and Common areas shall be provided in accordance with this section. Private areas typically consist of balconies, decks, patios, fenced yards, and other similar areas outside the residence. Common areas typically consist of landscaped areas, walks, patios, swimming pools, barbecue areas, playgrounds, turf, or other such improvements as are appropriate to enhance the outdoor environment of the development. Landscaped courtyard entries that are oriented towards the public street which create a welcoming entry feature are also considered common areas. All areas not imp roved with buildings, parking, vehicular accessways, trash enclosures, and similar items shall be developed as common areas with the types of attributes described above.

1. Minimum Dimensions
a. Private Open Space. Private open space located on the ground level (e.g., yards, decks, patios) shall have no dimension less than ten feet. Private open space located above ground level (e.g., balconies) shall have no horizontal dimension less than six feet. a. Common Open Space. Common open space located on the ground level shall have no dimension less than fifteen by twenty feet.

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FIGURE 18.04.050-F(1)(b): COMMON OPEN SPACE MINIMUM DIMENSIONS—RM DISTRICTS

21. Usability. A surface shall be provided that allows convenient use for outdoor living a nd/or recreation. Such surface may be any practicable combination of lawn, garden, flagstone, wood planking, concrete, or other serviceable, dust-free surfacing. The slope shall not exceed ten percent.

32. Accessibility.
a. Private Open Space. The space shall be accessible to only one living unit by a doorway or doorways to a habitable room or hallway.
a. Common Open Space. The space shall be accessible to the living units on the lot. It shall be served by any stairway or other accessway qualifying as an egress facility from a habitable room. (Ord. 1537 (Exh. B (part)), 2018: Ord. 1480 (Exh. B (part)), 2015; Ord. 1438 § 4 (Exh. A (part)), 2011)

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18.04.060 Supplemental regulations—RM districts.

A. Building Entrances.

1. Orientation. All units located along public rights-of-way must have the primary entrance facing this right-of-way. Exceptions to this requirement may be approved for projects where multiple - family housing is located on four-lane streets carrying high traffic volumes and/or streets that do not allow on-street parking. In such cases, the project may be oriented around courtyards.

2. Projection or Recess. Building entrances must have a roofed projection (such as a porch) or recess with a minimum depth of at least five feet and a minimum horizontal area of fifty square feet.

Alternative designs that create a welcoming entry feature facing the street, such as trellis or landscaped courtyard entry, may be approved by the Director.

3. Dwelling Unit Access. Exterior entrances to units shall be in a form of individual or shared entrances at the ground floor of the building. Unit entrances above the ground floor are also permitted; however, no exterior access corridor located above the ground floor may provide access to five or more units.

B. Building Design. Buildings shall include adequate design features to create visual variety and avoid a large-scale and bulky appearance.

1. Building Length. The maximum dimension of any single building shall not exceed one hundred twenty-five feet.

2. Roof Line. The roof line at each elevation shall demonstrate an offset of at least eighteen inches for each one to three units exposed on that elevation. Large, continuous roof planes are prohibited.

3. Window Trim or Recess. Trim at least one inch in depth must be provided around all windows, or window must be recessed at least two inches from the plane of the surrounding exterior wall. For double-hung and horizontal sliding windows, at least one sash shall achieve a two-inch recess.

Exceptions may be granted through the design review process to accommodate alternative window design complementary to the architectural style of the structure.

4. Windows. Snap-in vinyl mullions between double pane glass are prohibited. If a divided light appearance is desired, mullions must be made of dimensional material projecting in front of the panes on both the inside and outside of the window.

5. Facade Articulation. All street-facing facades shall have at least one horizontal or vertical projection or recess at least four feet in depth, or two projections or recesses at least two and one -

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half feet in depth, for every twenty-five horizontal feet of wall. If located on a building with two or more stories, the articulated elements must be greater than one story in height, and may be grouped rather than evenly spaced in twenty-five-foot modules. Building entrances and front porches and projections into required yards such as stoops, bays, overhangs, fireplaces, and trellises may count towards meeting this requirement.

6. Facade Detailing and Materials. All visible building facades shall incorporate details, such as window and door trim, window recesses, cornices, changes in materials or other design elements, in an integrated composition. Each side of a building that is visible from a public right-of-way shall be designed with a complementary level of detailing and quality of materials.

7. Building Colors. Every building shall have at least two complementary colors which demonstrate a harmonious relationship.

8. Building Materials. All materials shall be high quality to allow for long-term durability and appearance. The exterior use of foam for trim and plywood, vinyl or aluminum as siding materials is prohibited.

9. Transition Areas. Where new multifamily developments are built adjacent to existing lower - scaled residential development, the facade facing the existing lower-scaled residential development shall be designed to provide architectural relief and interest, while also respecting the scale of adjacent neighbors.
a. Height. Full-height recesses, a minimum of ten feet deep, shall be provided along the facade to break the building into smaller discrete masses.

FIGURE 18.04.060-B(8)(a): MINIMUM RECESS

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b. Window and Balcony Placement. Offset windows to avoid direct sight lines into and from neighboring properties. Position balconies and other private open space so they minimize views into neighboring properties.

10. Exceptions. Exceptions to the building design standards may be granted with approval of a conditional use permit based on the finding that adequate design features have been incorporated to create visual variety and avoid a large-scale, bulky, or monolithic appearance.

C. Private Storage Space. Each unit shall have at least two hundred cubic feet of enclosed, weather- proofed, and lockable private storage space with a minimum horizontal dimension of four feet.

D. Paving. Differentiated paving materials shall be used for garage aprons, entries, and pedes trian walkways. This may include, but not be limited to, textures or colors, concrete pavers, brick, or stamped concrete. The use of permeable materials to reduce runoff is strongly encouraged.

E. Pedestrian Access. On-site pedestrian circulation and access must be provided according to the following standards:

1. Internal Connections. A system of pedestrian walkways shall connect all buildings on a site to each other, to on-site automobile and bicycle parking areas, and to any on-site open space areas or pedestrian amenities.

2. To Circulation Network. Regular connections between on-site walkways and the public sidewalk and other planned or existing pedestrian routes, such as safe routes to school, shall be provided. An on-site walkway shall connect the primary building entry or entries to a public sidewalk on each street frontage.

3. To Neighbors. Direct and convenient access shall be provided to adjoining residential and commercial areas to the maximum extent feasible while still providing for safety and security.

4. To Transit. Safe and convenient pedestrian connections shall be provided from transit stops to building entrances.

5. Pedestrian Walkway Design.
a. Walkways shall be a minimum of six five feet wide, shall be hard-surfaced, and paved with concrete, stone, tile, brick, or comparable material.

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b. Where a required walkway crosses driveways, parking areas, or loading areas, it must be clearly identifiable through the use of a raised crosswalk, a different paving material , or similar method.
c. Where a required walkway is parallel and adjacent to an auto travel lane, it must be raised or separated from the auto travel lane by a raised curb at least four inches high, bollards, or other physical barrier. (Ord. 1537 (Exh. B (part)), 2018: Ord. 1480 (Exh. B (part)), 2015; Ord. 1438 § 4 (Exh. A (part)), 2011)* Code reviser’s note: Ord. 1480 added subsection (B)(3a) of this section as subsection (B)(3). It has been editorially renumbered to avoid duplication.

18.04.070 Residential development types. Revised 11/20
This section prescribes development and supplemental standards specific to each development type allowed within the residential districts.

A. Single-Unit Dwellings and Duplexes. Single-unit dwellings and duplexes are subject to the development standards and supplemental regulations of the RS district, Sections 18.04.030, Development standards—RS districts, and 18.04.040, Supplemental regulations—RS districts. The figures in this subsection illustrate RS district development standards and what resulting single-unit development might look like.

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FIGURE 18.04.070-A: RESIDENTIAL TYPES—SINGLE-UNIT

B. Accessory Dwelling Units. Accessory dwelling units are subject to the development standards and supplemental regulations of the RS district, Sections 18.04.030, Development standards—RS districts,

18.04.040, Supplemental regulations—RS districts, and 18.23.210, Accessory dwelling units/junior accessory dwelling units. The figures in this subsection illustrate accessory dwelling unit development standards and what resulting accessory dwelling unit development might look like.

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FIGURE 18.04.070-B: RESIDENTIAL TYPES—ACCESSORY DWELLING UNITS

C. Multi-Unit Residential. Multi-unit residential development is subject to the development standards and supplemental regulations of the RM district, Sections 18.04.050, Development standards—RM districts, and 18.04.060, Supplemental regulations—RM districts. The figures in this subsection illustrate RM district development standards and what resulting development might look like.

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FIGURE 18.04.070-C: RESIDENTIAL TYPES—MULTI-UNIT RESIDENTIAL

D. Small Lot Single-Unit Development. Small lot single-unit development is subject to the development standards and supplemental regulations of the base district unless modified by Table 18.04.070 -D. The figures in this subsection illustrate small lot single-unit development standards and what resulting development might look like.

TABLE 18.04.070-D: DEVELOPMENT STANDARDS—SMALL LOT SINGLE-UNIT DEVELOPMENT

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TABLE 18.04.070-D: DEVELOPMENT STANDARDS—SMALL LOT SINGLE-UNIT DEVELOPMENT Standard Small Lot Single-Unit
Site Standards
Minimum Project Site Width
(ft.)
80 Maximum Project Site Floor
Area Ratio (FAR)
.45
Maximum Project Site Lot
Coverage (percent of site)
35 Building Height and Form
Maximum Number of Stories 3
Maximum Building Length (ft.) n/a
Setbacks
Project Site The overall project site is subject to the setback requirements of the base district.

Individual Lot (ft.)
Front 10; 7 for porch
Side 1-story portion: 4; 2-story portion: 8
Rear 15; 0 for detached garage on alley
Building Separation of
Detached Units (ft.)
5 Parking and Access
Minimum Garage Setback
from Primary Facade (ft.)
5 Maximum Garage Width (ft.) 25; common garages not visible from the street may accommodate up to four cars.

Access Location Alley or side street wherever possible.

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TABLE 18.04.070-D: DEVELOPMENT STANDARDS—SMALL LOT SINGLE-UNIT DEVELOPMENT Standard Small Lot Single-Unit
Building Orientation
Orientation Facades shall be designed to orient towards the public street and a common courtyard, if provided.

Entrance Location The main entrance to each ground floor dwelling shall be visible to and located directly off a common courtyard or directly from the street.

Usable Open Space
Minimum Private Open Space
(sq. ft. per unit)
300
Minimum Common Open
Space (sq. ft. per unit)
200
Minimum Horizontal Dimensions
Ground floor, common (ft.) 20
Ground floor, private (ft.) 10
Balcony (ft.) 7
Additional Standards
Minimum Amount of
Landscaping (percent of site)
35 Minimum Amount of Enclosed
Personal Storage (sq. ft.)
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FIGURE 18.04.070-D: RESIDENTIAL TYPES—SMALL LOT SINGLE-UNIT DEVELOPMENT

E. Bungalow Court Development. Bungalow court development is subject to the development standards and supplemental regulations of the base district unless modified by Table 18.04.070-E. The figures in this subsection illustrate bungalow court development standards and what resulting development might look like.

TABLE 18.04.070-E: DEVELOPMENT STANDARDS—BUNGALOW COURT DEVELOPMENT Standard Bungalow Court
Site Standards
Minimum Project Site Width
(ft.)
100
Maximum Project Site Floor
Area Ratio (FAR)
.45

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TABLE 18.04.070-E: DEVELOPMENT STANDARDS—BUNGALOW COURT DEVELOPMENT Standard Bungalow Court
Maximum Project Site Lot
Coverage (percent of site)
35 Building Height and Form
Maximum Number of Stories 2
Maximum Building Length (ft.) n/a
Setbacks
Project Site The overall project site is subject to the setback requirements of the base district.

Individual Lot (ft.)
Front 10; 7 for porch
Side 1-story portion: 4; 2-story portion: 8
Rear 15; 0 for detached garage on alley
Building Separation of
Detached Units (ft.)
5 Parking and Access
Minimum Garage Setback
from Primary Facade (ft.)
5 Maximum Garage Width (ft.) 25; common garages not visible from the street may accommodate up to four cars.

Access Location Alley or side street wherever possible.

Building Orientation
Orientation Facades shall be designed to orient towards the public street and a common courtyard, if provided.

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TABLE 18.04.070-E: DEVELOPMENT STANDARDS—BUNGALOW COURT DEVELOPMENT Standard Bungalow Court
Entrance Location The main entrance to each ground floor dwelling shall be visible to and located directly off a common courtyard or directly from the street.

Usable Open Space
Minimum Private Open Space
(sq. ft. per unit)
150
Minimum Common Open
Space
15% of lot area provided as a central courtyard
Minimum Horizontal Dimensions
Ground floor, common (ft.) 30
Ground floor, private (ft.) 10
Balcony (ft.) 7
Additional Standards
Minimum Amount of
Landscaping (percent of site)
35 Minimum Amount of Enclosed
Personal Storage (sq. ft.)
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FIGURE 18.04.070-E: RESIDENTIAL TYPES—BUNGALOW COURT

F. Townhouse Development. Townhouse development is subject to the development standards and supplemental regulations of the base district unless modified by Table 18.04.070-F. The figures in this subsection illustrate townhouse development standards and what resulting development might look like.

TABLE 18.04.070-F: DEVELOPMENT STANDARDS—TOWNHOUSE

DEVELOPMENT
Standard Townhouse
Site Standards
Minimum Project Site Width
(ft.)
80 Maximum Project Site Floor
Area Ratio (FAR)

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TABLE 18.04.070-F: DEVELOPMENT STANDARDS—TOWNHOUSE

DEVELOPMENT
Standard Townhouse
Maximum Project Site Lot
Coverage (percent of site)
35 Building Height and Form
Maximum Number of Stories 3
Maximum Building Length (ft.) 150
Setbacks
Project Site The overall project site is subject to the setback requirements of the base district.

Individual Lot (ft.)
Front 10; 7 for porch
Side (apply to the end of rows
of attached units)
1-story portion: 4; 2-story portion: 8
Rear 15; 0 for detached garage on alley
Building Separation of
Detached Units (ft.)
5 Parking and Access
Minimum Garage Setback
from Primary Facade (ft.)
5 Maximum Garage Width (ft.) 25; common garages not visible from the street may accommodate up to four cars.

Access Location Alley or side street wherever possible.

Building Orientation
Orientation Facades shall be designed to orient towards the public street and a common courtyard, if provided.

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TABLE 18.04.070-F: DEVELOPMENT STANDARDS—TOWNHOUSE

DEVELOPMENT
Standard Townhouse
Entrance Location The main entrance to each ground floor dwelling shall be visible to and located directly off a common courtyard or directly from the street.

Usable Open Space
Minimum Private Open Space
(sq. ft. per unit)
300
Minimum Common Open
Space (sq. ft. per unit)
200
Minimum Horizontal Dimensions
Ground floor, common (ft.) 20
Ground floor, private (ft.) 10
Balcony (ft.) 7
Additional Standards
Minimum Amount of
Landscaping (percent of site)
35 Minimum Amount of Enclosed
Personal Storage (sq. ft.)
80 FIGURE 18.04.070-F: RESIDENTIAL TYPES—TOWNHOUSE DEVELOPMENT

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(Ord. 1566 (Exh. B (part)), 2020; Ord. 1537 (Exh. B (part)), 2018: Ord. 1480 (Exh. B (part)), 2015; Ord. 1438 § 4 (Exh. A (part)), 2011)

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Chapter 18.05
MIXED-USE DISTRICTS Revised 11/20 Revised 3/21
Sections:

18.05.010 Purpose.

18.05.020 Land use regulations. Revised 11/20 Revised 3/21

18.05.030 Development standards.

18.05.040 Supplemental regulations.

18.05.010 Purpose.

The specific purposes of the mixed-use districts are to:

A. Provide for the orderly, well-planned, and balanced development of mixed-use districts.

B. Encourage a mix of uses that promotes convenience, economic vitality, fiscal stability, and a pleasant quality of life.

C. Promote pedestrian- and transit-oriented, mixed-use commercial centers at appropriate locations.

D. Establish design standards that improve the visual quality of development and create a unified, distinctive, and attractive character along mixed-use streets.

E. Provide appropriate buffers and transition standards between commercial and residential uses to preserve both commercial and mixed-use feasibility and residential quality.

Additional purposes of each mixed-use district which that follow, implement General Plan classifications of “Mixed Use, 30-40 du/ac”; “Mixed Use, 38-21-520 du/ac, ; Mixed Use, 75-51-100 du/ac, ; Mixed Use, 90- 101-120 du/ac” Mixed-Use, Low Density,” “Mixed-Use, Medium Density,” “Mixed-Use, Medium High Density,” and “Neighborhood Retail/Mixed-Use, Medium Density and Neighborhood Retail/Mixed Use, 75-120..

F. MU-DC-100 Mixed-Use Downtown Core. This district is intended to maintain the pedestrian-oriented environment in the heart of San Carlos’ downtown, with a focus on ground-level active storefronts and pedestrian- and transit-oriented development that encourages pedestrian activity and supports multi- modal transportation. Physical form is regulated to reflect the urban character of the downtown core.

Allowable uses include retail, commercial, and office uses, as well as residential development of up to fifty one-hundred units per net acre.

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G. MU-D-50 Mixed-Use Downtown. This district is intended to maintain the pedestrian-oriented environment around the downtown core and connect surrounding districts. Physical form is regulated to provide shopfront buildings that frame the street and support pedestrian- and transit-oriented development that encourages pedestrian activity and supports multi-modal transportation. Allowable uses include retail, commercial, and office uses, as well as residential development of up to fifty units per net acre.

G. MU-D-100 Mixed-Use Downtown. This district is intended to maintain the pedestrian-oriented environment around the downtown core and connect surrounding districts. Physical form is regulated to provide shopfront buildings that frame the street and support pedestrian- and transit-oriented development that encourages pedestrian activity and supports multi-modal transportation. Allowable uses include retail, commercial, and office uses, as well as residential development of up to one -hundred units per net acre.

H. MU-D-120 Mixed-Use Downtown. This district is intended to maintain the pedestrian-oriented environment around the downtown core and connect surrounding districts. Physical form is regulated to provide shopfront buildings that frame the street and support pedestrian- and transit-oriented development that encourages pedestrian activity and supports multi-modal transportation. Allowable uses include retail, commercial, and office uses, as well as residential development of up to one-hundred and twenty units per net acre.

I. MU-SA-50 Mixed-Use Station Area. This district is intended to provide for transit -oriented development to support vitality around transit centers and the historic San Carlos Train Depot and pro vide linkages to the downtown core and neighborhoods adjacent to Old County Road. Allowable uses include retail, commercial, and office uses, as well as residential development of up to fifty units per net acre.

JI. MU-SC-120 Mixed-Use San Carlos Avenue. This district is intended to allow one or more of a variety of residential and nonresidential uses to encourage a greater mix and intensity of uses in a pedestrian - scaled environment at a scale and form that is appropriate to its neighborhood context and adjacent residential uses and forms. This district is also intended to provide transit-oriented development that supports multi-modal transportation. Allowable uses include commercial and office uses, as well as residential development up to one-hundred and twenty fifty nine units per net acre.

KJ. MU-NB-120 Mixed-Use North Boulevard. This district is intended to facilitate the transformation of the northern portion of El Camino Real into a multi-modal, mixed-use corridor. The physical form varies to reflect the urban character of the El Camino Real corridor and to transition to surrounding, lower-density districts. This district allows a mix of residential development of up to fifty one-hundred and twenty units

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per net acre and retail and commercial uses, as well as hotels and other commercial uses oriented toward a regional market.

K. MU-SB Mixed-Use South Boulevard. This district is intended to facilitate the transformation of the southern portion of El Camino Real into a multi-modal, mixed-use corridor. The physical form varies to reflect the urban character of the El Camino Real corridor and to transition to surrounding, lower-density districts. This district allows a mix of residential development of up to fifty units per net acre and retail and commercial uses, as well as hotels and other commercial uses oriented toward a regional market.

LK. MU-SB-100 Mixed-Use South Boulevard. This district is intended to facilitate the transformation of the southeastern portion of Laurel Street into a mixed-use corridor. The physical form varies to transition from MU-N-40 west of Laurel Street to MU-SB-120 on El Camino Real. This district allows a mix of residential development of up to one-hundred units per net acre and retail and commercial uses.

ML. MU-SB-120 Mixed-Use South Boulevard. This district is intended to facilitate the transformation of the southern portion of El Camino Real into a multi-modal, mixed-use corridor. The physical form varies to reflect the urban character of the El Camino Real corridor. This district allows a mix of residential development of up to one-hundred and twenty units per net acre and retail and commercial uses, as well as hotels and other commercial uses oriented toward a regional market.

NM. MU-N-40 Neighborhood Mixed-Use. This district is intended to provide an appropriate transition from mixed-use areas into the residential neighborhoods. This district allows a mix of residential and commercial development appropriately scaled to ensure a residential physical form to relate to adjacent single-family residential neighborhoods. Allowable uses include retail, commercial, and office uses, as well as residential development of up to twenty forty units per net acre. (Ord. 1438 § 4 (Exh. A (part)), 2011) ON. MU-N-50 Neighborhood Mixed-Use. This district is intended to provide an appropriate transition from mixed-use areas into the residential neighborhoods. This district allows a mix of residential and commercial development appropriately scaled to ensure a residential physical form to relate to adjacent single-family residential neighborhoods. Allowable uses include retail, commercial, and office uses, as well as residential development of up to fifty units per net acre.

PO. MU-N-120 Neighborhood Mixed-Use. This district is intended to reflect the form of El Camino Real while providing a transition from MU-NB-120 to MU-N-50 and RM-100 zoning districts. This district allows a mix of residential and commercial development appropriately scaled to en sure a residential physical form to relate to adjacent single-family residential neighborhoods. Allowable uses include retail, commercial, and office uses, as well as residential development of up to one-hundred and twenty units per net acre.

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18.05.020 Land use regulations. Revised 11/20 Revised 3/21 Table 18.05.020 prescribes the land use regulations for mixed-use districts. The regulations for each district are established by letter designations as follows:
“P” designates permitted uses.
“M” designates use classifications that are permitted after review and approval of a minor use permit by the Zoning Administrator.
“C” designates use classifications that are permitted after review and approval of a conditional use permit by the Planning Commission.
“(#)” numbers in parentheses refer to specific limitations listed at the end of the table. “-” designates uses that are not permitted.

Use classifications are defined in Chapter 18.40, Use Classifications. In cases where a specific land use or activity is not defined, the Director shall assign the land use or activity to a classification that is substantially similar in character. Use classifications and subclassifications not listed in the table or not found to be substantially similar to the uses below are prohibited. The table also notes additional use regulations that apply to various uses. Section numbers in the right-hand column refer to other sections of this title.

TABLE 18.05.020: LAND USE REGULATIONS—MIXED-USE DISTRICTS

Use Classifications
MU
-
DC-
100

MU-
D-
100

MU-
D-
120

MU-
SC-
120
MU
-
NB
-
120
MU-
SB-
100
100
MU-
SB-
120

MU
-N-
40 MU-
N-
50 MU-
N -
120

Additional
Regulations
Residential Use
Residential
Housing types

See subclassification below
Multi-Unit
Residential

P(1)

P(1)

P(2)

P

P(2)

P

P(2)

P(3)

P(2)

P(2)

Accessory
Dwelling Unit

P

P

P

P

P

P

P

P

P

P
Only if it
includes a
proposed
or existing
dwelling
Junior Accessory
Dwelling Unit

-

-

-

-

-

-

-

-

-

-

Elderly and Long-
Term Care

-

-

-

C

-

-

-

-

-

-

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Family Child Care See subclassifications below
Small P P P P P P P P P P
Large P P P P P P P P P P See Section

18.23.090
Day care
centers and
large family
child care
homes
Residential Care
Facilities
See subclassifications below
General - M(1) M(1) M - - - - - - See Section

18.23.200,
Residential
care
facilities
Limited P P P P P P P P P P
Senior - M(1) M(1) M - - - - - - See Section

18.23.200,
Residential
care
facilities
Single Room
Occupancy

C(1)

C(1)

C(1)

C

C(1)

C(1)

C(1)

C(3,
14)

C

C

See Section

18.23.220,
Single room
occupancy
hotels
Transitional
Housing

P

P

P

P

P

P

P

P

P

P

See Section

18.23.25 Transitional
and
supportive
housing
Supportive
Housing

P

P

P

P

P

P

P

P

P

P

See Section

18.23.25 Transitional
and
supportive
housing
Colleges and Trade
Schools, Public or
Private

-

-

-

-

P

P

P

-

-

-

Community
Assembly less
Than 3,500 Square
Feet

-

P

P

P

P

P

P

M

M

M
See Section

18.23.080,
Community
assembly
facilities Community
Assembly, 3,500
Square Feet or
More

-

C

C

C

M

M

M

-

-

-
Community
Garden

P

P

P

P

P

P

P

P

P

P

Cultural
Institutions

C(4)

P

P

C

M

M

M

M

M

M

Day Care Centers
-

P

P

P

P

P

P

P

P

P
See Section

18.23.090,
Day care

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Emergency Shelter
-

-

-

-

P

P

P

-

-

-

Government
Offices

-

P

P

P

P

P

P

P

P

P

Hospitals and
Clinics

-

P

P

-

P

P

P

-

-

-

Instructional
Services

M

P

P

-

P

P

P

P

P

P
See Section

18.23.260,
Formula
business
uses
Park and
Recreation
Facilities, Public

P

P

P

P

P

P

P

P

P

P

Public Safety
Facilities

-

C

C

-

C

C

C

C

C

C

Schools, Public or
Private

-

-

-

-

C

C

C

C

C

C

Social Service
Facilities

-

-

-

-

C

C

C

C

C

C

Commercial Uses
Animal Care, Sales
and Services

See subclassifications below
Grooming and Pet
Stores

-

P

P

-

P

P

P

P(5)

P(5)

P(5)

Veterinary
Services

-

C(5)

C(5)

C(5)

C(5)

C(5)

C(5)

C(5)

C(5)

C(5)

Artists’ Studios M P P - P P P P(5) P(5) P(5)
Automobile/Vehicl
e Sales and
Services
See subclassifications below
Automobile
Rentals

-

-

-

-

C(6)

C(6)

C(6)

-

-

-
See Section

18.23.050,
Automobile
/vehicle
sales and
services,
and Section

18.23.260,
Formula
business
uses
Automobile/Vehicl
e Sales and
Leasing

P(6,
7)

P(6,7)

P(6,7)

P(6,7
)

P(6,
7)

P(6,7
)

P(6,7
)

-

-

-
Automobile/Vehicl
e Washing

-

-

-

-

C(6)

C(6,)

C(6)

-

-

-
Service Station - - - - C(6) C(6) C(6) - - -
Bank and Financial
Institutions

P(8)

P

P

M

P

P

P

M(9
)

M(9)

M(9)
See Section

18.23.260,
Formula
business
uses
Business Services - P(9) P(9) P(9) P(9) P(9) P(9) P(9) P(9) P(9) Commercial
Entertainment and
Recreation
See subclassification below
Cinema/Theatre

See Section

18.23.260,

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C(1
7)
C(17) C(17)

- C(1
7)
C(17
)

C(17
)
- - - Formula
business
uses
Small-Scale - C(17) C(17) - C(1
7)
C(17
)
C(17
)
- - -
Large- Scale - C(17) C(17) - C(1
9)
- - - - -
Eating and
Drinking
Establishments
See subclassifications below
Bars/Night
Club/Lounges

C(1
7)

C(17)

C(17)

-

C(1
7)

C(17
)

C(17
)

-

-

-
See Section

18.23.140,
Outdoor
dining, and
Section

18.23.260
Formula
business
uses

Full Service

P(1
7)

P(17)

P(17)

P

P(1
7)

P(17)

P(17)

C(1
0,
17)

C(10
, 17)

C(10,
17)

Convenience

P(1
8)

P(18)

P(18)

P

P(1
8)

P(18)

P(18)

C(1
0)

C(10
)

C(10
)
See Section

18.23.260,
Formula
business
uses

Food Preparation

P

P

P

P

P

P

P

P

P

P
See
Section,

18.23.260
Formula
business
uses
Funeral Parlors
and Mortuaries

-

C

C

C

C

C

C

-

-

-

Lodging See subclassifications below

Bed and Breakfast

P

P

P

P

P

P

P

P

P

P

See Section

18.23.070,
Bed and
breakfast
lodging, and
Section

18.23.260,
Formula
business
uses

Hotels and Motels

P(1
1,1
7)

P(17)

P(17)

M

P(1
7)

P(17)

P(17)

M(1
4,1
7)

M(1
7)

M(1
7)
See Section

18.23.260,
Formula
business
uses
Nurseries and
Garden Centers

P(9,
20)
P(9,
20)
P(9,
20)
- P(9,
20)
P(9,
20)
P(9,
20)
P(9,
20)
P(9,
20)
P(9,
20)
See Section

18.23.260,
Formula
business
uses
Offices See subclassifications below
Business and
Professional

P(1
2)

P

P

P

P

P

P

P

P

P
See Section

18.23.260,
Formula

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February 13, 2023 Packet Pg. 240
business
uses

Medical and
Dental

P(1
2)

P

P

P

P

P

P

P(9)

P(9)

P(9)
See Section

18.23.260,
Formula
business
uses

Walk-In Clientele

P

P

P

P

P

P

P

P

P

P
See Section

18.23.260,
Formula
business
uses
Personal Services See subclassifications below
General Personal
Services

(13)

P

P

P

P

P

P

P

P

P
See Section

8.23.170,
Personal
services,
and Section

18.23.260,
Formula
business
uses
Tattoo or Body
Modification
Parlor

-

-

-

-

M

M

M

-

-

-
Retail sales See subclassifications below
Cannabis
Dispensary
- - - - - - - - - -

Convenience
Markets

P(1
8)

P(18)

P(18)

P

P(1
8)

P

P

P(1
5)

P

P
See Section

18.23.260,
Formula
business
uses

Food and
Beverage Sales

P(1
8)

P(18)

P(18)

P

P(1
8)

P

P

P(1
6)

P(16)

P(16)
See Section

18.23.260,
Formula
business
uses

General Retail

P

P

P

P

P

P

P

P

P

P
See Section

18.23.260,
Formula
business
uses
Price Point Retail - - - - M M M - - -
Second-Hand
Store
- - - - P P P P P P
Retail
Establishments
Selling
Ammunition or
Firearms

-

-

-

-

-

-

-

-

-

-

Industrial Uses
Recycling Facility,
Reverse Vending
Machine

-

-

-

P

P

P

P

P

-

-

Transportation, Communication, and Utilities Uses
Communication
Facilities
See subclassifications below
See Chapter 18.24, Wireless Telecommunications Facilities Antenna and Transmission Towers

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February 13, 2023 Packet Pg. 241
Facilities within
Buildings

-

P

P

P

P

P

P

P

P

P

Transportation
Passenger
Terminals

-

-

-

-

-

-

-

-

-

-

Utilities, Minor P P

P

P P P P

P P

P

Other Applicable Types
Accessory Uses
and Structure
See Section 18.23.030, Accessory use, and Section 18.15.020, Accessory buildings, and structures

Home
Occupations

P

P

P

P

P

P

P

P

P

P

See
Sections

18.23.120,
Home
occupations
Drive-In and
Drive-Through
Facilities
Prohibited in MU districts; see Section 18.23.100. Drive-in and drive- through facilities

Nonconforming
Use
Chapter 18.19, Nonconforming Uses, Structures, and Lots Temporary Use Chapter 18.31, Temporary Use Permits

Specific Limitations:

1. Not allowed on the ground floor along Laurel Street and San Carlos Avenue frontages.

2. Conditional use permit approval required to allow residential uses on the ground floor along El Camino Real frontage.

3. Not allowed on the ground floor along Old County Road.

4. Not allowed on Laurel Street or San Carlos Avenue.

5. Provided that such use shall be completely enclosed in a building of soundproof construction.

6. For properties without frontage along El Camino Real, only retail sales consistent with the definition of “general retail” and five thousand square feet or less.

7. Must be within an enclosed structure.

8. Limited to establishments with a gross floor area of two thousand five hundred square feet or less.

Limited to the ground floor of a building located on an interior lot a minimum of five hundred fe et from any other financial institution.

9. Limited to establishments with a gross floor area of five thousand square feet or less.

10. Permitted after review and approval of a minor use permit by the Zoning Administrator if less than twelve chairs.

11. Limited to upper stories unless at least fifty percent of ground floor street frontage is occupied by food service use.

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12. Limited to upper stories.

13. Permitted if existing. Additions to existing facilities and establishment of new facilities are subject to Section 18.23.170, Personal services.

14. Not allowed along East San Carlos Avenue.

15. Limited to neighborhood groceries with less than one thousand five hundred square feet of sales area when located along East San Carlos Avenue.

16. The sale of alcoholic beverages is prohibited.

17. Not permitted on sites where the shopfront of such nonresidential use faces onto R zoning districts. 18 Minor use permit required for sites adjacent to R districts.

19. On the east side of El Camino Real only; in all other areas this use is not permitted.

20. Uses that require a commercial cannabis business permit are not permitted. (Ord. 1568 § 1 (Exh. A), 2021; Ord. 1566 (Exh. B (part)), 2020; Ord. 1540 (Exh. A), 2019; Ord. 1525 § 2(1) (Exh.

A (part)), 2017; Ord. 1518 § 3 (Exh. A), 2017; Ord. 1480 (Exh. B (part)), 2015; Ord. 1438 § 4 (Exh. A (part)), 2011)

18.05.030 Development standards.

Tables 18.05.030-1 through 18.050.030-6 prescribe the development standards for mixed-use districts.

Additional regulations are denoted in a right-hand column. Section numbers in this column refer to other sections of this title, while individual letters refer to subsections that directly follow the table. The numbers in each illustration in this section refer to corresponding regulations in the “#” column in the associated table.

TABLE 18.05.030-1: LOT, DENSITY, AND FAR STANDARDS—MIXED-USE DISTRICTS District MU-
DC-
100
MU-
D-
100
MU-
D-
120
MU-
SC-
120
MU-
NB-
120
MU-
SB-
100
MU-
SB-
120
MU-N
-40
MU-
N-50
MU-
N-
120
Additional
Regulations
#
Maximum
Density
(units/net
acre)

50 100

100

120

59 120

50 120

50 100

120
20 40

50 120

Minimum
Density
(units/net
acre)
75 75 90 90 90 75 90 30 38 90
Minimum
Lot Size
(sq. ft.)

5,000

5,000

5,000

5,000

5,000

5,000

5,000

5,000

5,000

5,000

Minimum
Lot Width
(ft.)

50 50

50 50

50 50

50 50

50 50

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Maximum
Floor Area
Ratio
(FAR)

2.5(A)

3.0 (A)

3.0 (A)

3.0(A)

2.5(A)

3.0(A)

2.5(A)

3.0(A)

3.0 (A)

2.5(A)

3.0(A)

2.5(A)

3.0 (A)

(1) Minimum Density requirement is triggered for new development projects only, not for minor additions or improvements.Minimum densities apply to new development and construction of new projects, or when adding residential to an existing commercial use. For wholesale conversion of commercial uses to residential, minimum densities shall apply; but for small conversion of an existing single-space commercial use to residential, minimum densities shall not apply.

A. Increased FAR for Mixed-Use Buildings. The maximum allowable FAR may be increased by up to ten percent for buildings that contain a mix of residential and nonresidential uses through the provision of one or more of the following elements beyond what is otherwise required, subject to conditional use permit approval:

1. Car-share or electric car facilities.

2. Additional public open space or contribution to a parks fund.

1. Provision of off-site improvements. This may include off-site amenities and/or infrastructure (other than standard requirements and improvements) such as right-of-way or streetscape improvements or funding for parks, public safety facilities, libraries, senior centers, community meeting rooms, child care or recreation or other community benefit. The Director may require a Fiscal and Economic Impact Report, or equivalent, as part of the conditional use permit application.

4. Provision of green roofs, solar panels, and other green building measures .

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TABLE 18.05.030-2: BUILDING PLACEMENT STANDARDS—MIXED-USE DISTRICTS District MU-
DC-
100

M
U-
D-
10 0
MU-
D-
120
MU-
SC-
120

M
U-
NB
-
12 0
MU-
SB-
100
M
U-
SB-
12 0
MU-
N -40
MU-
N-50
MU
-N-
120
Additional
Regulations
#
Setbacks,
Residential-
Only
Development
Subject to the setback requirements of the RM District

Street Frontage Setbacks, Commercial and Mixed-Use Development (ft.) Laurel Street Property line or 15 ft from curb (the greater) for all MU districts (B) 1 El Camino
Real
Property line or 20 ft from
the curb (the greater) shall
apply to all Mixed Use
Zones along El Camino
Real
n/a 5
min
15 ma
x
0 min,
5 max
0 min
, 5
ma
x
5 min,
15 max
5 min
15 max
(B) 1
San Carlos
Avenue
Property
line or
15 ft
from
curb (the
greater)

n/a n/a Property
line or
15 ft
from
curb (the
greater)

n/a n/a n/a n/a

n/a n/a (B) 1
Elm Street 0 min,
10 max
n/a n/a n/a n/a n/a n/a n/a n/a n/a 1
All Other
Streets
5 min,
15 max*
5 min,
15 max
5 min,
15 max
5 min,
15 max
5 min,
15 max
0 min,
5 max
0 min,
5 max
5 min,
15 max
5 min,
15 max
5 min,
15 max
1 Interior Side
(ft.)
0 min; 10 min adjacent to RS district for all MU districts 0 min; 30 min adjacent to RS district for all MU districts 30; buildings must be located in accordance with the required setbacks within 30 feet of every corner. Public plazas may be at the street corner provided buildings are built to the edge of the public plaza.
(C) 2
Rear (ft.) (C) 3
Corner Build
Area (ft.)
4 * Applicable to 700 and 800 blocks of Walnut Street only.

B. Build-To Line. Buildings shall be constructed at the required setback for eighty percent of linear street frontage. The area between the building and property line shall be paved so that it functions as a wider public sidewalk. This requirement may be modified or waived by the review authority upon finding that:

1. Substantial landscaping is located between the build-to line and ground floor residential units to soften visual impact of buildings;

2. Entry courtyards, plazas, entries, or outdoor eating and display areas are located between the build-to line and building; provided, that the buildings are built to the edge of the courtyard, plaza, or dining area; or

3. The building incorporates an alternative entrance design that creates a welcoming entry feature facing the street.

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C. Required Side and Rear Yards for Residential Uses. In order to provide light and air for residential units and additional separation for rooms that contain areas that require additional privacy considerations, the following minimum setbacks apply to any building wall containing windows and facing an interior side or rear yard. When the site is adjacent to a residential district, the project must compl y with whichever standard results in the greater setback. The required setbacks apply to that portion of the building wall containing and extending three feet on either side of any window.

1. For any wall containing living room or other primary room windows, a setback of at least fifteen feet shall be provided.

2. For any wall containing sleeping room windows, a setback of at least ten feet shall be provided.

3. For all other walls containing windows, a setback of at least five feet shall be provided.

FIGURE 18.05.030-C: REQUIRED SIDE AND REAR YARDS FOR RESIDENTIAL USES

TABLE 18.05.030-3: HEIGHT STANDARDS—MIXED-USE DISTRICT
District MU-
DC-
100
MU
-
D_
100

MU-
D-
120
MU-
SC-
120
MU
-
NB
-
120
MU
-SB
-
100
MU-
SB-
120
MU
-N -
40 MU
-N-
50 MU-N
120
Additional
Regulations
#
Building
Maximum
(ft.)
50; 30
along
East
Sam
Carlos
Avenue
in MU-
N
District
60 75 75 75 60 75 50; 40 35
along East
San Carlos
Avenue in
MU-N-40
District
50; 35
within 40 ft.
of an RS
district; 40
within 50 ft.
of adjacent
to an RS
district
75 (D); See
Section 18.

15.060,
Height and
height
exceptions
1 Building
Maximum
30 ft. within 40 ft. of an RS district;
40 ft. within 50 ft. of an RSs district

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Adjacent to
RS District
Building
Minimum
(ft.)
n/a 25;
Applicable
only along
Laurel Street
and El
Camino Real
frontages
n/a

2 Maximum
Stories
4(1) 5 6 6 46 5 6 4; 3
alo
ng
E.

San
Carl
os
Ave
. in
MU
-N-
40 dist
rict
4 6 (E)
Ground Floor Minimum Height
Ground
Residential
Floor Uses
(ft.)
12 12 12 12 12 12 12 12 12 12 3
Ground
Floor
Nonresidenti
al Uses (ft.)
16 16 16 16 16 16 16 16 16 16 3
First Floor
Ceiling
Height,
Nonresidenti
al Uses (ft.
clear)
12 12 12 12 12 12 12 12 12 12 4

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1. A use permit is required for the fourth story for parcels with street frontage onto Laurel Street in the 600, 700, and 800 blocks.

D. Height Limitations and Exceptions.

1. Projections. Except along East San Carlos Avenue, a parapet wall, cornice or sloping roof may project up to four feet above the height limit.

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2. Towers. If the project site is greater than fifteen thousand square feet and not located along East San Carlos Avenue, a tower or other projecting architectural elements may extend up to ten feet above the top of a pitched roof; provided, that the square footage of the element(s) does not total more than ten percent of the building footprint. The area above the uppermost permitted floor of the element(s) shall not be habitable space.
a. The composition of the tower element shall be balanced, where the width of the tower has a proportional relationship to the height of the tower. b. The tower element shall be proportional to the rest of the building. c. The roof shall be sloped and include architectural detailing, such as a cornice or eave.

3. East San Carlos Avenue—MU-N District. The maximum height along East San Carlos Avenue in the MU-N District is thirty feet. Up to thirty-five feet may be allowed with a minimum roof pitch of 6:12.

FIGURE 18.05.030-D: HEIGHT LIMITATIONS—MU-N DISTRICT ALONG

EAST SAN CARLOS AVENUE

E. Upper Story Limitations.

1. Third Story—East San Carlos Avenue. Along East San Carlos Avenue in the MU-N-40 District, a third story may be allowed for a residential-only project subject to conditional use permit approval.

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2. Upper Story Stepbacks.
a. Third Story—Laurel Street. The third story along the 600, 700, and 800 blocks of Laurel Street shall be set back a minimum of ten feet from the story below. b. Fourth, Fifth, and Sixth Storiesy. The fourth, fifth, and sixth storiesry of all buildings shall be stepped back a minimum of ten feet from the third story below, except as provided in this section.
c. Laurel Street. The fourth story along the 600, 700, and 800 blocks of Laurel Street may align with the story below.
d. San Carlos Avenue and El Camino Real. The fourth, fifth, and sixth -story front facades may align with the third story below along San Carlos Avenue in the MU-SC District and along El Camino Real (exception: this provision does not apply to the 1100 and 1200 blocks of San Carlos Avenue).

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FIGURE 18.05.030-E(2): UPPER STORY STEPBACKS

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TABLE 18.05.030-4: BUILDING FORM STANDARDS—MIXED-USE DISTRICTS District MU-
DC-100
MU
-D-
100
MU-
D-
120
MU-
SC-
120
MU-
NB-
120
MU-
SB-
100
MU-
SB-
120
MU
-N-
40 MU
-N-
50 MU-
N-
120
Additional
Regulations
#
Maximum
Length of
Blank wall
(ft.)
Ground
floor: 10
Upper
floors:
25 25 25 25 25 25 25 25 25 25 1
Maximum
Building
Projections
(ft)
3; minimum 12 feet above sidewalk grade (F) 2
Awning and
Overhangs
4; minimum 8 feet above sidewalk 3

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F. Building Projections. The maximum width of any single projection is ten feet and the total width of all projections along a building face shall not be more than twenty-five percent of the building frontage.

TABLE 18.05.030-5: PARKING AND LOADING STANDARDS—MIXED-USE DISTRICTS District MU-
DC-
100

MU-
D-
100

MU-
D-
120
MU-
SC-
120
MU-
NB -
120
MU-
SB-
100
MU-
SB-
120
MU-
N-
40 MU-
N-
50 MU-
N-
120
Additional
Regulations
#
Setback
from
Street
Property
Line (ft.)
40; buildings shall be placed as close to the street as possible, with parking underground, behind a building, or on the interior side or rear of the site.

G 1
Setback
from
Buildings
and Public
Plazas (ft.)
8 ft: 5 ft walkway plus 3 ft landscaping; applicable only to above-ground parking. 2 Access
Location
Side street or alley wherever possible. 3

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Curb Cuts Prohib
ited
on
Laurel
Minimized and in area least likely to impede pedestrian circulation.

Loading/
Service
Area
Side or rear of lot; must be screened from public ROW. 4 Parking
Podium
Maximum height of a parking podium visible from the street is 5 feet from finished grade. 5 G. Limitations on Location of Parking. Parking may be located within forty feet of the street-facing property line, subject to the following requirements.

1. Underground and Partially Submerged Parking. Parking completely or partially underground may match the setbacks of the main structure. The maximum height of a parking podium visible from a street is five feet from finished grade.

2. Surface Parking. Above-ground surface parking may be located within forty feet of a street- facing property line with the approval of a conditional use permit when the decision making authority Planning Commission can makes all of the following findings:
a. Buildings are built close to the public sidewalk to the maximum extent feasible; b. The parking area is screened along the public right-of-way with a wall, hedge, trellis, and/or landscaping; and
c. The site is small and constrained such that underground, partially submerged, or surface parking located more than forty feet from the street frontage is not feasible

TABLE 18.05.030-6 LANDSCAPING AND OPEN SPACE STANDARDS-MIXED USE DISTRICTS

District MU-
DC-
100
MU
-D-
100
MU-
D-
120
MU
-
SC-
120
M
U-
N
B
-
12 0
M
U-
SB
-
10 0
MU-
SB-
120
MU-
N-
40 MU-
N-
50 M
U-
N-
12 0
Additional
Regulations
#

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Minimum
Residenti
al Open
Space
100 150 15
0 15
0 150
Minimum
Public
and/or
Private
Open
Space (%
of site)
10; applicable only to mixed-use and nonresidential development on lots greater than 15,000 square feet and to developments that are 100% residential.

Minimum
Dimensio
ns (ft.)
20 20 20 20 20 20 20 20 20 20
Minimum
Amount
of
Landscap
ing (% of
site)
10 10 10 151
0 10 10 10 10 10 10

H. Landscaping and Residential Open Space. Landscaping and residential open space shall be provided as required by Table 18.05.030-6. Residential open space may be common or private or a combination thereof. Private areas typically consist of balconies, decks, patios, fenced yards, and other similar areas outside the residence. Common areas typically consist of landscaped areas, walks, patios, swimming pools, barbecue areas, playgrounds, turf, or other such improvements as are appropriate to enhance the outdoor environment of the development. Landscaped courtyard entries that are oriented towards a public street are considered common areas. All areas not improved with buildings, parking, vehicular accessways, trash enclosures, and similar items shall be developed as common areas.

1. Minimum Dimensions
a. Private Open Space. Private open space located on the ground level (e.g., yards, decks, patios, roof decks) shall have no horizontal dimension less than ten feet. Private open space located above ground level (e.g., balconies) shall have no horizontal dimension less than six feet.
a. Common Open Space. Minimum horizontal dimension of twenty feet.

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FIGURE 18.05.030-H(1)(B): COMMON OPEN SPACE MINIMUM DIMENSIONS

21. Usability. A surface shall be provided that allows convenient use for outdoor living and/or recreation. Such surface may be any practicable combination of lawn, garden, flagstone, wood planking, concrete, or other serviceable, dust-free surfacing. The maximum slope shall not exceed ten percent.

32. Accessibility.
a. Private Open Space. The space shall be accessible to only one living unit by a doorway to a habitable room or hallway.
b. Common Open Space. The space shall be accessible to the living units on the lot. It shall be served by any stairway or other accessway qualifying as an egress facility from a habitable room. (Ord. 1485 (Exh. A), 2015; Ord. 1480 (Exh. B (part)), 2015; Ord. 1438 § 4 (Exh. A (part)), 2011)

18.05.040 Supplemental regulations.

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A. Maximum Block Length. Five hundred feet; block length of up to six hundred feet is allowed when a mid-block pedestrian connection is provided.

B. Street Preservation. Existing public right-of-way shall be preserved. Public right-of-way shall not be eliminated or abandoned unless substantial public benefits are provided, such as a new park, as determined by the review authority.

C. Street Frontage Improvements. New development shall provide street frontage improvements in accordance with the following:

1. Between the Property Line and Curb.
a. Sidewalks. Sidewalks shall be provided if none already exist or if the existing sidewalks are in poor condition as determined by the Public Works Director. b. Street Furniture. Trash receptacles, benches, bike racks, and other street furniture from a list maintained by the Director shall be provided.
c. Street Lights. Pedestrian scaled street lights, including attachments from which banners may be hung, from a list maintained by the Director shall be provided. d. Street Trees. Shade trees shall be planted at least thirty feet on center. Tree guards shall be provided. Trees shall be a minimum of fifteen gallons in size, and at least ten percent of the required trees shall be twenty-four-inch box size or larger.

2. Interior from Property Line. Except where occupied by a building or necessary for parking access, the street frontage, for a depth of ten feet from the property line, shall be utilized for active outdoor uses, including but not limited to outdoor dining; paved for public uses so that it functions as part of a wider public sidewalk; or improved with landscaping, public art, and/or pedestrian amenities such as outdoor seating.

D. Building Orientation and Entrances.

1. Buildings shall be oriented to face public streets.

2. Building frontages shall be generally parallel to streets, and the primary building entrances shall be located on a public street.

3. Building entrances shall be emphasized with special architectural and landscape treatments.

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4. Entrances located at corners shall generally be located at a forty-five-degree angle to the corner and shall have a distinct architectural treatment to animate the intersection and facilitate pedestrian flow around the corner. Different treatments may include angled or rounded corners, arches, and other architectural elements. All building and dwelling units located in the interior of a site shall have entrances from the sidewalk that are designed as an extension of the public sidewalk and connect to a public sidewalk.

5. Entrances to residential units shall be physically separated from the entrance to the permitted commercial uses and clearly marked with a physical feature incorporated into the building or an appropriately scaled element applied to the facade.

FIGURE 18.05.040-D: BUILDING ORIENTATION AND ENTRANCES

E. Building Transparency—Required Openings for Nonresidential Uses. Exterior walls facing and within twenty feet of a front or street side property line shall include windows, doors, or other openings for at least sixty percent of the building wall area located between two and one-half and seven feet above the level of the sidewalk. No wall may run in a continuous horizontal plane for more th an twenty-five feet without an opening.

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FIGURE 18.05.040-E: BUILDING TRANSPARENCY—MU DISTRICTS

1. Design of Required Openings. Openings fulfilling this requirement shall have transparent glazing and provide views into work areas, display areas, sales areas, lobbies, or similar active spaces, or into window displays that are at least three feet deep.

2. Exceptions for Parking Garages. Multilevel garages are not required to meet the building transparency requirement of this subsection. Instead, they must be screened and treated, consistent with the requirements of Chapter 18.20, Parking and Loading.

3. Alternatives through Design Review. Alternatives to the building transparency requirement may be approved if the Planning Commission finds that:
a. The proposed use has unique operational characteristics with which providing the required windows and openings is incompatible, such as in the case of a cinema or theater; and b. Street-facing building walls will exhibit architectural relief and detail, and will be enhanced with landscaping in such a way as to create visual interest at the pedestrian level.

F. Building Design and Articulation. Buildings shall provide adequate architectural articulation and detail to avoid a bulky and “box-like” appearance. Building design shall reflect and complement the architectural style of significant buildings within the community. This may be accomplished through the incorporation of architectural style, colors, and materials of significant buildings within the community. The following standards apply to commercial and mixed-use development in the MU districts. Residential-only development is subject to the building design standards for the RM districts in Section 18.04.060(B), Building Design.

1. Massing. Building massing shall align with the street grid of adjacent blocks.

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2. Relation to Existing Buildings. Buildings shall be designed to appear integrated with existing buildings in the district.

3. Wide Buildings. Any building over fifty feet wide shall be broken down to read as a series of buildings no wider than fifty feet each or thirty feet in the MU-DC District or within one hundred feet of the train depot.

4. Vertical Relationship. Buildings shall be designed to have a distinctive base (ground floor level), middle (intermediate upper floor levels), and top (either top floor or roof level). Cornices, balconies, roof terraces, and other architectural elements should be used, as appropriate, to terminate roof lines and accentuate setbacks between stories.

5. Windows.
a. Trim at least one inch in depth must be provided around all windows, or window must be recessed at least two inches from the plane of the surrounding exterior wall.

FIGURE 18.05.040-F(5)(a): WINDOW TRIM OR RECESS—MU DISTRICTS

b. Snap-in vinyl mullions between double pane glass is prohibited. If a divided light appearance is desired, mullions must be made of dimensional material projecting in front of the panes on both the inside and outside of the window.

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c. Exceptions may be granted through the design review process to accommodate alternative window design complementary to the architectural style of the structure.

6. Exterior Building Materials and Colors.
a. A unified palette of quality materials shall be used on all sides of buildings. b. Exterior building materials shall be stone, brick, stucco, concrete block, painted wood clapboard, painted metal clapboard or other quality, durable materials approved by t he City as part of the project review.
c. A wainscoting of quality materials on the bottom eighteen to thirty-six inches of the ground floor facade is required. Exceptions may be granted through the design review process to accommodate alternative design complementary to the architectural style of the structure. d. Colors shall be used to help delineate windows and other architectural features to increase architectural interest.

7. Building Details. Buildings shall provide adequate architectural articulation and detail to avoid a bulky and “box-like” appearance.
a. Building facades shall include building projections or recesses, doorway and window trim, and other details that provide architectural articulation and design interest. b. All applied surface ornamentation or decorative detailing shall be consistent with the architectural style of the building.
c. All balconies that do not meet the minimum size required for private open space, such as Juliet balconies, shall have a minimum horizontal dimension of two feet. d. Each side of the building that is visible from a public right-of-way shall be designed with a complementary level of detailing.

G. Pedestrian Access. On-site pedestrian circulation and access must be provided according to the following standards:

1. Internal Connections. A system of pedestrian walkways shall connect all buildings on a site to each other, to on-site automobile and bicycle parking areas, and to any on-site open space areas or pedestrian amenities.

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2. To Circulation Network. Regular connections between on-site walkways and the public sidewalk and other existing or planned pedestrian routes, such as safe routes to school, shall be provided. An on-site walkway shall connect the primary building entry or entries to a public sidewalk on each street frontage.

3. To Neighbors. Direct and convenient access shall be provided from commercial and mixed -use projects to adjoining residential and commercial areas to the maximum extent feasible while still providing for safety and security.

4. To Transit. Safe and convenient pedestrian connections shall be provided from transit stops to building entrances.

5. Across Rail Corridor. Safe and convenient pedestrian connections shall be provided across the rail corridor. If an aerial viaduct or trench is used for rail alignment, the following standards shall apply to the extent feasible given engineering requirements. a. Extend the street grid below the aerial viaduct or above the trench to provide new st reet and pedestrian connections across the corridor.
b. Locate active commercial uses or public park and recreation space below the aerial viaduct to enhance connectivity and create safe, attractive connections across the rail corridor. c. Enhance connections below the viaduct with lighting and public art.

6. Interior Pedestrian Walkway Design.
a. Walkways shall have a minimum clear unobstructed width of fivesix feet, shall be hard- surfaced, and paved with concrete, stone, tile, brick, or comparable material. b. Where a required walkway crosses driveways, parking areas, or loading areas, it must be clearly identifiable through the use of a raised crosswalk, a different paving material, or similar method.
c. Where a required walkway is parallel and adjacent to an auto travel lane, it must be raised or separated from the auto travel lane by a raised curb at least four inches high, bollards, or other physical barrier.

H. Residential Notification. Residents of mixed-use development shall be informed of potential noise from refuse collection and other activities typically associated with commercial activity.

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I. Rail Station.

1. Rail stations shall be designed to have physical presence and visibility on both sides of the rail corridor, including key architectural features that are visible from major roadways and connections, as well as pedestrian-level entries and vehicle drop-off areas.

2. Rain-protected east-west pedestrian connections shall be provided at the ground level of the station to enhance pedestrian connectivity along the rail corridor. These connections should be extensions of the existing street grid and pedestrian network with a minimum clear width of eight feet. (Ord. 1480 (Exh. B (part)), 2015; Ord. 1438 § 4 (Exh. A (part)), 2011)

Chapter 18.20

PARKING AND LOADING
Sections:

18.20.010 Purpose.

18.20.020 Applicability.

18.20.030 General provisions.

18.20.040 Required parking spaces.

18.20.050 Parking reductions.

18.20.060 Parking in-lieu fee.

18.20.070 Location of required parking.

18.20.080 Bicycle parking.

18.20.090 On-site loading.

18.20.100 Parking area design and development standards.

18.20.010 Purpose.

The specific purposes of the on-site parking and loading regulations are to:

A. Ensure that adequate off-street parking and loading facilities are provided for new land uses and major alterations to existing uses;
B. Minimize the negative environmental and urban design impacts that can result from parking lots, driveways, and drive aisles within parking lots;
C. Ensure that adequate off-street bicycle parking facilities are provided and promote parking lot des igns that offer safe and attractive pedestrian routes;

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D. Establish standards and regulations for safe and well-designed parking, unloading, and vehicle circulation areas that minimize conflicts between pedestrians and vehicles within parking lots and, where appropriate, create buffers from surrounding land uses; E. Offer flexible means of minimizing the amount of area devoted to vehicle parking by allowing reductions in the number of required spaces in transit-served locations, shared parking facilities, and other situations expected to have lower vehicle parking demand; and F. Reduce urban runoff and heat island effect. (Ord. 1537 (Exh. C (part)), 2018: Ord. 1438 § 4 (Exh. A (part)), 2011)

18.20.020 Applicability.

The requirements of this chapter apply to the establishment, alteration, expansion, or change in any use or structure, as provided in this section.

A. New Buildings and Land Uses. On-site parking shall be provided at the time any main building or structure is erected or any new land use is established.

B. Reconstruction, Expansion and Change in Use of Existing Nonresidential Buildings. When a change in use, expansion of a use, or expansion of floor area creates an increase of ten percent or more in the number of required on-site parking or loading spaces, additional on-site parking and loading shall be provided for such addition, enlargement, or change in use and not for the entire building or site. The existing parking shall be maintained. If the number of existing parking spaces is greater than the requirements for such use, the number of spaces in excess of the prescribed minimum may be counted toward meeting the parking requirements for the addition, enlargement, or change in use. A change in occupancy is not considered a change in use unless the new occupant is in a different use classification than the former occupant. Additional parking spaces are not required for the reconstruction of an existing building when there is no increase in floor area.

C. Alterations That Increase the Number of Dwelling Units. The creation of additional dwelling units through the alteration of an existing building or construction of an additional structure or structures requires on-site parking to serve the new dwelling units. This requirement does not apply when sufficient on-site parking exists to provide the number of spaces required for the existing and new dwelling units.

D. When Constructed. On-site parking facilities required by this chapter shall be constructed or installed prior to the issuance of a certificate of occupancy for the uses that they serve. (Ord. 1537 (Exh. C (part)), 2018: Ord. 1438 § 4 (Exh. A (part)), 2011)

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18.20.030 General provisions.

A. Existing Parking and Loading to be Maintained. No existing parking and/or loading s erving any use may be reduced in amount or changed in design, location or maintenance below the requirements for such use, unless equivalent substitute facilities are provided.

B. Nonconforming Parking or Loading.

1. An existing use of land or structure shall not be deemed to be nonconforming solely because of a lack of on-site parking and/or loading facilities required by this chapter; provided, that facilities used for on-site parking and/or loading as of the date of adoption of the ordinance codifi ed in this title are not reduced in number to less than what this chapter requires.

2. If an existing garage or carport legally constructed with a building permit is less than sixteen feet wide, it is considered physically unsuitable for two cars.

C. Accessibility. Parking must be accessible for its intended purpose during all business hours.

D. Stacked Parking. Stacked or valet parking is allowed if an attendant is present or an automated system is in place to move vehicles. If stacked parking managed by an attendant is used for required parking spaces, an acceptable form of guarantee must be filed with the Director ensuring that an attendant will always be present when the lot is in operation.

E. Unbundling Parking from Residential Uses. For residential projects of ten units or more requesting to unbundle the parking from residential uses, a minor use permit is required and the following rules shall apply to the sale or rental of parking spaces accessory to new multifamily residential uses of te n units or more unless waived by the Director as infeasible:

1. All off-street spaces shall be leased or sold separately from the rental or purchase fees for dwelling units for the life of the dwelling units, such that potential renters or buyers have t he option of renting or buying a residential unit at a price lower than would be the case if there were a single price for both the residential unit and the parking space.

2. In cases where there are fewer parking spaces than dwelling units, the parking spaces shall be offered first to the potential owners or renters of three-bedroom or more units, second to owners or renters of two-bedroom units, and then to owners and renters of other units. Spaces shall be offered to tenants first. Nontenants may lease with a provision for thirty days to terminate the lease.

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3. Renters or buyers of on-site inclusionary affordable units shall have an equal opportunity to rent or buy a parking space on the same terms and conditions as offered to renters or buyers of other dwelling units.

F. Residential Garage Conversion. The conversion of single-unit residential garages into living space is allowed only if:

1. The residence was constructed prior to 1954 (the 1954 Zoning Code was the first City zoning code to require one parking space for single-unit dwellings);

2. One off-street parking space will be provided; and

3. The garage dimensions are no more than ten feet wide by thirty feet deep. (Ord. 1537 (Exh. C (part)), 2018: Ord. 1480 (Exh. C (part)), 2015; Ord. 1438 § 4 (Exh. A (part)), 2011)

18.20.040 Required parking spaces.

A. Minimum Number of Spaces Required. Each land use shall be provided at least the number of on -site parking spaces stated in this subsection.

1. Mixed-Use Districts. The required numbers of on-site parking spaces are stated in Table

18.20.040-A(1), Required On-Site Parking Spaces, Mixed-Use Districts. The parking requirement for any use not listed in Table 18.20.040-A(1) shall be the same as required for the land use in other districts as stated in Table 18.20.040-A(3), Required On-Site Parking Spaces, Other Districts.

TABLE 18.20.040-A(1): REQUIRED ON-SITE PARKING SPACES, MIXED-USE DISTRICTS Land Use Required Parking Spaces
Residential
Studio and one-bedroom
units
1 space per unit One covered space shall be provided for each unit.

One additional guest parking space shall be
provided for every 4 units for projects greater
than 10 units.

Two or more bedrooms 1.5 spaces per
unit
Nonresidential
Office 1 space per 450 square feet

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TABLE 18.20.040-A(1): REQUIRED ON-SITE PARKING SPACES, MIXED-USE DISTRICTS Land Use Required Parking Spaces
Retail 1 space per 400 square feet
Restaurant 1 space per 250 square feet

2. Industrial Arts District. Each land use in the IA District shall provide one parking space per two thousand square feet of industrial use area plus one parking space per three hundred square feet of office or customer area.

3. Other Districts. Each land use in all districts except for mixed-use and industrial arts districts shall be provided at least the number of on-site parking spaces stated in Table 18.20.040-A(3), Required On-Site Parking Spaces, Other Districts. The parking requirement for any use not listed in Table 18.20.040-A(3) shall be determined by the Director based upon the requirements for the most similar comparable use, the particular characteristics of the proposed use, and any other relevant data regarding parking demand.

TABLE 18.20.040-A(3): REQUIRED ON-SITE PARKING SPACES,

OTHER DISTRICTS
Land Use Classification Required Parking Spaces
Residential Use Classifications
Single-Unit Residential 2 spaces
per
dwelling
unit.

In RS-6, both spaces must be either within a garage or
carport, or 1 space within a garage or carport with the other space located within a 20-ft.-wide, 2-car driveway. For all other R districts, parking must be within a garage or carport.

Accessory Dwelling Unit 1 space for each unit. See Section 18.23.210(F)(3) for accessory dwelling units parking exemptions.

Junior Accessory
Dwelling Unit
No parking required. See Section 18.23.210.

Affordable Housing Developments (Moderate Income and Below)

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TABLE 18.20.040-A(3): REQUIRED ON-SITE PARKING SPACES,

OTHER DISTRICTS
Land Use Classification Required Parking Spaces
Studio 0.75
spaces
per unit.
1 additional guest parking space shall be provided for every 4 units, and overall, the number of covered spaces provided shall equal or exceed the number of units. Residential
developments with 1 or more on-site below market rate
units shall be allowed limited reductions in the parking requirements pursuant to Chapter 18.17, Affordable Housing Incentives.

One- or Two-Bedroom 1 space
per unit.

Three or More
Bedrooms
2 spaces
per unit.

Multi-Unit Residential
Studio 1 space
per unit.
1 covered space shall be provided for each unit.
1 additional guest parking space shall be provided for every 2 units. One- or Two-Bedroom 1.5
spaces
per unit.

Three or More
Bedrooms
2 spaces
per unit.

Small Family Day Care None in addition to what is required for the residential use.

Large Family Day Care None in addition to what is required for the residential use.

Elderly and Long-Term
Care
2 spaces for the owner-manager plus 1 for every 5 beds and 1 for each nonresident employee.

Group Residential 1 per bed plus 1 for every 10 beds.

Residential Care, Limited None in addition to what is required for the residential use.

Residential Care,
General and Senior
2 spaces for the owner-manager plus 1 for every 5 beds and 1 for each nonresident employee.

Single Room Occupancy 0.5 spaces per unit.

Public and Semi-Public Use Classifications

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TABLE 18.20.040-A(3): REQUIRED ON-SITE PARKING SPACES,

OTHER DISTRICTS
Land Use Classification Required Parking Spaces
Colleges and Trade
Schools, Public or
Private
1 per 3 members of the school population (including students, faculty, and staff) based on maximum enrollment.

Community Assembly 1 for each 4 permanent seats in main assembly area, or 1 for every 30 sq. ft. of assembly area for group activities or where temporary or moveable seats are provided.

Cultural Institutions For theaters and auditoriums: 1 for each 4 permanent seats in main assembly area, or 1 for every 30 sq. ft. of assembly area where temporary or moveable seats are provided.

Galleries, libraries and museums: 1 for every 1,000 sq. ft. of floor area.

Other establishments: as determined by the Director.

Day Care Center 1 per employee plus additional parking as provided in the pick-up/drop- off plan required pursuant to Section 18.23.090, Day care. Reductions in parking may be granted upon approval of a minor use permit.

Emergency Shelter 1 per 200 sq. ft. of floor area.

Government Offices 1 per 300 sq. ft. of floor area.

Hospitals and Clinics 1.75 per bed.

Instructional Services 1 per 200 sq. ft. of public or instruction area.

Schools, Public or
Private
Elementary and middle schools: 1 per classroom, plus 1 per 250 sq. ft. of office area.

High schools: 7 per classroom.

Social Service Facilities 1 per 200 sq. ft. of floor area.

Commercial Use Classifications
Animal Care, Sales and Services
Grooming and Pet
Stores
1 per 300 sq. ft. of floor area.

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TABLE 18.20.040-A(3): REQUIRED ON-SITE PARKING SPACES,

OTHER DISTRICTS
Land Use Classification Required Parking Spaces
Kennels 1 per employee plus an area for loading and unloading animals on site.

Veterinary Services 1 per 250 sq. ft. of floor area.

Artists’ Studios 1 per 1,000 sq. ft. of floor area.

Automobile/Vehicle Sales and Services
Automobile Rentals 1 per 250 sq. ft. of office area in addition to spaces for all vehicles for rent.

Automobile/Vehicle
Sales and Leasing
1 per 3,000 sq. ft. of lot area.

Any accessory auto repair: 2 per service bay.

Automobile/Vehicle
Repair, Major or Minor
1 space plus 4 per service bay. 1 per 250 sq. ft. of any retail or office on site.

Automobile/Vehicle
Washing
1 per 250 sq. ft. of any indoor sales, office, or lounge areas.

Service Station 4 per service bay, if service bays are included on site. 1 per 250 sq. ft. of any retail or office on site.

Banks and Financial
Institutions
1 per 300 sq. ft. of floor area.

Business Services 1 per 300 sq. ft. of floor area.

Commercial Recreation Establishments with seating: 1 for each 4 fixed seats, or 1 for every 30 sq. ft. of seating area where temporary or moveable seats are provided.

Athletic clubs: 1 per 150 sq. ft. of floor area.

Bowling alleys: 2 per lane.

Game courts (e.g., tennis): 2 per court.

Swimming pools: 1 per 200 sq. ft. of pool area plus 1 per 500 sq. ft. of area related to the pool.

Other commercial entertainment and recreation uses: as determined by the Director.

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TABLE 18.20.040-A(3): REQUIRED ON-SITE PARKING SPACES,

OTHER DISTRICTS
Land Use Classification Required Parking Spaces
Eating and Drinking Establishments
Bars/Night
Clubs/Lounges
1 per 75 sq. ft. of public area.

Full Service 1 per 75 sq. ft. of customer seating area; no parking is required for outdoor seating when seats provided equal to 50 percent or less of total indoor seating.

Convenience/Fast Food 1 per 100 sq. ft. of floor area.

Food Preparation 1 per 1,500 sq. ft. of use area plus 1 per 300 sq. ft. of office area.

Funeral Parlors and
Mortuaries
1 for each 4 permanent seats in assembly areas, plus 1 per 250 sq. ft. of office area or 1 for every 30 sq. ft. of assembly area where temporary or moveable seats are provided.

Lodging
Bed and Breakfast 1 per room for rent in addition to parking required for residential use.

Hotels and Motels 1 per each sleeping unit, plus 2 spaces adjacent to registration office.

Additional parking required for ancillary uses, such as restaurants, according to the parking requirements for the ancillary use.

Maintenance and Repair
Services
1 per 600 sq. ft. of floor area, plus 1 space for each fleet vehicle.

Nurseries and Garden
Centers
1 per 500 sq. ft. of floor area; 1 per 1,000 sq. ft. of outdoor display area.

Offices
Business and
Professional
1 per 300 sq. ft. of floor area up to 100,000 sq. ft.
1 per 350 sq. ft. over 100,000 sq. ft.

Medical and Dental 1 per 275 sq. ft. of floor area.

Walk-In Clientele 1 per 300 sq. ft. of floor area.

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TABLE 18.20.040-A(3): REQUIRED ON-SITE PARKING SPACES,

OTHER DISTRICTS
Land Use Classification Required Parking Spaces
Parking, Public or
Private
1 per attendant station (in addition to the spaces that are available on the site).

Personal Services 1 per 300 sq. ft. of floor area.

Retail Sales
Building Materials and
Services
1 per 500 sq. ft. of floor area; 1 per 1,000 sq. ft. of outdoor display area.

All Other Retail Sales
Subclassifications
1 per 300 sq. ft. of floor area.
1 per 750 sq. ft. of floor area for appliance and furniture stores.

Industrial Use Classifications
Cannabis Microbusiness 1 per 1,000 sq. ft. of cultivation area; 1 per 1,500 sq. ft. of manufacturing area; 1 per 2,000 sq. ft. of distribution area up to 10,000 sq. ft. or 1 per 5,000 sq. ft. of distribution area over 10,000 sq. ft.; plus 1 per 300 sq. ft. of office.

Construction and
Materials Yards
1 per 2,500 sq. ft. up to 10,000 sq. ft.
1 per 5,000 sq. ft. over 10,000 sq. ft.

Custom Manufacturing 1 per 2,000 sq. ft. of floor area, plus 1 per 300 sq. ft. of office.

Industry, General 1 per 1,500 sq. ft. of use area plus 1 per 300 sq. ft. of office.

Industry, Limited 1 per 1,500 sq. ft. of use area plus 1 per 300 sq. ft. of office.

Recycling Facility
Collection Facility See Section 18.23.190, Recycling facilities.

Intermediate Processing
Facility
1 for each 2 employees on the maximum work shift, or 1 per 1,000 sq. ft. of floor area, whichever is greater.

Research and
Development
1 per 600 sq. ft. of manufacturing and assembly; 1 per 300 sq. ft. of office; 1 per 1,500 sq. ft. of warehousing; and 1 per 800 sq. ft. of laboratory.

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TABLE 18.20.040-A(3): REQUIRED ON-SITE PARKING SPACES,

OTHER DISTRICTS
Land Use Classification Required Parking Spaces
Salvage and Wrecking 1 per 500 sq. ft. of building area plus 1 per 0.5 acre of gross outdoor use area.

Warehousing and Storage
Chemical, Mineral, and
Explosives Storage
1 per 2 employees or 1 per 300 sq. ft. of office area, whichever is greater.

Indoor Warehousing
and Storage and
Outdoor Storage
1 per 2,000 sq. ft. of area up to 10,000 sq. ft., 1 per 5,000 sq. ft. over 10,000 sq. ft., plus 1 per 300 sq. ft. of office.

Personal Storage 1 space per 75 storage units, plus 1 space per 300 sq. ft. of office area.

A minimum of 5 spaces shall be provided.

Wholesaling and
Distribution
1 per 2,000 sq. ft. of use area up to 10,000 sq. ft., 1 per 5,000 sq. ft. over 10,000 sq. ft., plus 1 per 300 sq. ft. of office.

Transportation, Communication, and Utilities Use Classifications Light Fleet-Based
Services
1 per 300 sq. ft. of office floor area, plus 1 space for each fleet vehicle.

Utilities, Major 1 for each employee on the largest shift plus 1 for each vehicle used in connection with the use. Minimum of 2.

Utilities, Minor None.

B. Calculation of Required Spaces. The number of required parking spaces shall be calculated according to the following rules:

1. Fractions. If the calculation of required parking or loading spaces results in the requirement of a fractional space, such fraction, if one-half or greater, shall be considered one additional space; if the fraction is less than one-half, it shall result in no additional spaces.

2. Floor Area. Where an on-site parking or loading requirement is stated as a ratio of parking spaces to floor area, the floor area is assumed to be gross floor area, unless otherwise stated.

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3. Employees. Where an on-site parking or loading requirement is stated as a ratio of parking spaces to employees, the number of employees shall be based on the largest shift that occurs in a typical week.

4. Bedrooms. Where an on-site parking requirement is stated as a ratio of parking spaces to bedrooms, any rooms having the potential of being a bedroom and meeting t he standards of the California Building Code as a sleeping room shall be counted as a bedroom.

5. Students or Clients. Where a parking or loading requirement is stated as a ratio of parking spaces to students (including children in day care), the number is assumed to be the number of students or clients at the State-certified capacity or at Building Code occupancy where no State certification is required.

6. Seats. Where parking requirements are stated as a ratio of parking spaces to seats, each twent y- four inches of bench-type seating at maximum seating capacity is counted as one seat.

C. Sites with Multiple Uses. If more than one use is located on a site, the number of required on -site parking spaces and loading spaces shall be equal to the sum of the requirements calculated separately for each use unless a reduction is approved pursuant to Section 18.20.050, Parking reductions.

D. Exceptions.

1. Small Commercial Uses Exempt. In the mixed-use and commercial districts, the following commercial uses are not required to provide on-site parking when they contain less than one thousand five hundred square feet of floor area: retail sales, personal services, eating and drinking establishments, food and beverage retail sales, offices—walk-in clientele, and banks and financial institutions. However, when more than four such establishments are located on a single lot, their floor areas shall be aggregated with all other establishments located on the lot in order to determine required parking.

2. Industrial Arts District.
a. On-street parking along a lot’s corresponding frontage lines shall be counted toward the parking requirement.
b. Where a use with a legal nonconforming parking deficiency is replaced, the new use shall receive a parking credit equal to the number of required automobile parking spaces unmet by the previous use. (Ord. 1568 § 1 (Exh. A), 2021; Ord. 1566 (Exh. B (part)), 2020; Ord. 1537

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(Exh. C (part)), 2018: Ord. 1525 § 2(1) (Exh. A (part)), 2017; Ord. 1480 (Exh. C (part)), 2015; Ord. 1438 § 4 (Exh. A (part)), 2011)

18.20.050 Parking reductions.

The number of on-site parking spaces required by Section 18.20.040, Required parking spaces, may be reduced as follows:

A. Assembly Bill 2097 (Friedman), 2022. Section 68563.2 of the Government Code.

1. The number of minimum required automobile parking spaces shall not be imposed for any residential, commercial, or other development project, as defined by Section 68563.2, that is 0.5 mile of public transit (a major transit stop as defined in Section 21155 of the Public Resources Code).

2. A minimum automobile parking requirement may be applied on a housing development project if the City makes written findings, within 30 days of the receipt of a completed application, that not imposing or enforcing minimum automobile parking requirements on the development would have a substantially negative impact, supported by a preponderance of the evidence in the record, on the City’s ability to meet its share of specified housing needs or existing residential or commercial parking within 0.5 mile of the housing development. This exception does not apply if the housing development project (1) dedicates a minimum of 20% of the total number of housing units to very low, low-, or moderate-income households, students, the elderly, or persons with disabilities. (2) contains fewer than 20 housing units, or (3) is subject to parking reductions based on any other applicable law.

3. An event center shall provide parking as required in this ordinance, for employees and other workers.

4. A “project” does not include a project where any portion is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging, except where a portion of the housing development project is designated for use as a residential hotel, as defined in Section 50519 of the Health and Safety Code.

5. This section shall not reduce, eliminate, or preclude the enforcement of any requirement i mposed on new multifamily residential or nonresidential development that is located within 0.5 mile of public transit to provide electric vehicle supply equipment installed parking spaces or parking spaces that are accessible to persons with disabilities that would have otherwise applied to the development if this section did not apply.

6. When a project provides par king voluntarily, a public agency may impose requirements on that voluntary parking to require spaces for car share vehicles, requir e spaces to be shared with the

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public, or require parking owners to charge for parking. The City may not require that voluntarily provided parking is provided to residents free of charge.

7. This shall not apply to commercial parking requirements if it conflicts with an existing contractual agreement of the public agency that was executed before January 1, 2023, provided that all of the required commercial parking is shared with the public. This s ubdivision shall apply to an existing contractual agreement that is amended after January 1, 2023, provided that the amendments do not increase commercial parking requirements.

1.8. A project may voluntarily build additional parking that is not shared with the public.

AB. Transportation Demand Management Programs. The number of required parking spaces for any project subject to Chapter 18.25, Transportation Demand Management, shall be reduced by twenty percent of the normally required number of spaces.

BC. Transit Accessibility. For any land use except residential single-unit and duplex development, if any portion of the lot is located within one-quarter mile of a transit stop with regular, scheduled service during the weekday hours of seven a.m. to nine a.m. and five p.m. to seven p.m., the number of required parking spaces may be reduced by twenty percent of the normally required number of spaces. This parking reduction does not apply in the mixed-use or the industrial arts districts because parking requirements for these districts already reflect transit accessibility.

CD. Motorcycle Parking. Motorcycle parking may substitute for up to five percent of required automobile parking. Each motorcycle space must be at least four feet wide and seven feet deep.

DE. Shared Parking. Where a shared parking facility serving more than one use will be provided, the total number of required parking spaces may be reduced up to forty percent with Planning Commission approval of a conditional use permit, if the Commission finds that:

1. The peak hours of use will not overlap or coincide to the degree that peak demand for parkin g spaces from all uses will be greater than the total supply of spaces;

2. The proposed shared parking provided will be adequate to serve each use;

3. A parking demand study prepared by an independent traffic engineering professional approved by the City supports the proposed reduction; and

4. In the case of a shared parking facility that serves more than one property, a parking agreement has been prepared consistent with the provisions of off-site parking facilities.

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EF. Restaurant Parking. The total number of required parking spaces for restaurants with more than two thousand five hundred square feet of floor area located within the area bounded by the south side of Holly Street, the west side of El Camino Real, the north side of Brittan Avenue and the east side of Walnut Street, as shown on Figure 18.20.050-E, may be reduced with Planning Commission approval of a conditional use permit, subject to the following criteria:

1. The restaurant is open for operation during the evenings until at least nine p.m., a minimum of five days per week including one weekend evening; and

2. Employees are required to park in permit parking areas of public parking plazas, when such permits are available.

FIGURE 18.20.050-E: RESTAURANT PARKING REDUCTION AREA

FG. Other Parking Reductions. Required parking for any use may be reduced through Planning Commission approval of a conditional use permit.

1. Criteria for Approval. The Commission may only approve a conditional use permit for reduced parking if it finds that:
a. Special conditions, including, but not limited to, the nature of the proposed operation; proximity to frequent transit service; transportation characteristics of persons residing, working, or visiting the site; or because the applicant has undertaken a transportation demand management program, exist that will reduce parking demand at the site; b. The use will adequately be served by the proposed on-site parking; and c. Parking demand generated by the project will not exceed the capacity of or have a detrimental impact on the supply of on-street parking in the surrounding area.

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2. Parking Demand Study. In order to evaluate a proposed project’s compliance with the above criteria, the Director may require submittal of a parking demand study that substantiates the basis for granting a reduced number of spaces. (Ord. 1537 (Exh. C (part)), 2018: Ord. 1438 § 4 (Exh. A (part)), 2011)

18.20.060 Parking in-lieu fee.

If a parking assessment district has been established, a fee may be paid to the City in lieu of providing required parking within the district.

A. In-Lieu Fee Amount. The amount of the in-lieu fee shall be calculated and paid as set forth in a resolution of the City Council.

B. Use of Funds. In-lieu fees shall be used for programs to reduce parking impacts including, but not limited to, the costs of any of the following:

1. Off-street parking facilities, including acquisition, development, and maintenance of parking facilities located in the parking assessment district;

2. Mass transit equipment, including stock and attendant facilities serving the area in which the buildings for which the payments are made are located;

3. Transit or paratransit passes, coupons, and tickets to be made available at a discount to employees and customers and to promote and support incentives for employee ride -sharing and transit use; or

4. Transportation system management projects. (Ord. 1537 (Exh. C (part)), 2018: Ord. 1438 § 4 (Exh. A (part)), 2011)

18.20.070 Location of required parking.

A. Residential Uses.

1. Single-Unit Dwellings, Duplexes, and Accessory Dwelling Units. Required parking for a single - unit dwelling, duplex, or accessory dwelling unit shall be located on the same lot as the dwelling(s) served. Parking shall not be located within required setbacks except for accessory dwelling units and for the required parking space in the driveway under the provisions for lots in the RS -6 zoning district.

2. Other Residential Uses. Required parking for residential uses other than single-unit dwellings, duplexes, and accessory dwelling units shall be on the same lot as the dwelling or use they serve or

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in an off-site facility as provided in subsection C of this section. Parking shall not be located within a required front or street-facing side yard.

B. Nonresidential Uses. Required parking spaces serving nonresidential uses shall be located on the same lot as the use they serve, or in an off-site parking facility as provided in subsection C of this section. If located in an off-site parking facility, a parking agreement shall be filed as provided in subsection C of this section.

C. Off-Site Parking Facilities. Parking facilities for uses other than single-unit dwellings, duplexes, and accessory dwelling units may be provided off site with approval of a minor use permit, provided the following conditions are met:

1. Location.
a. Residential Uses. Any off-site parking facility must be located within one hundred (100) feet, along a pedestrian route, of the unit or use served. b. Nonresidential Uses. Any off-site parking facility must be located within four hundred (400) feet, along a pedestrian route, of the principal entrance containing the use(s) for which the parking is required.

2. Parking Agreement. A written agreement between the landowner(s) and the City in a form satisfactory to the City Attorney shall be executed and recorded in the Office of the County Recorder. The agreement shall include:
a. A guarantee among the landowner(s) for access to and use of the parking facility; and b. A guarantee that the spaces to be provided will be maintained and reserved for the uses served for as long as such uses are in operation. (Ord. 1566 (Exh. B (part)), 2020: Ord. 1537 (Exh. C (part)), 2018: Ord. 1480 (Exh. C (part)), 2015; Ord. 1438 § 4 (Exh. A (part)), 2011)

18.20.080 Bicycle parking.

A. Short-Term Bicycle Parking. Short-term bicycle parking shall be provided in order to serve shoppers, customers, messengers, guests and other visitors to a site who generally stay for a short time.

1. Parking Spaces Required. For the following uses, the number of short-term bicycle parking spaces shall be at least ten percent of the number of required automobile parking spaces, with a minimum of four parking spaces provided per establishment:

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a. Multi-unit residential, group residential, and single room occupancy with five or more units.
b. All uses in the public and semi-public land use classification except cemeteries and community gardens.
c. All uses in the commercial land use classification, except animal care, sales, and services and artists’ studios.

2. Location. Short-term bicycle parking must be located outside of the public right-of-way and pedestrian walkways and within fifty feet of a main entrance to the building it serves. a. Commercial Centers. In a commercial center, bicycle parking must be located within fifty feet of an entrance to each anchor store. Bicycle parking shall be visible from the street or from the main building entrance, or a sign must be posted at the main building entrance indicating the location of the parking.
b. Mixed-Use Districts. Bicycle parking in mixed-use districts may be located in the public right-of-way with an encroachment permit, provided an unobstructed sidewalk clearance of six feet is maintained for pedestrians at all times.

3. Anchoring and Security. For each short-term bicycle parking space required, a stationary, securely anchored object shall be provided to which a bicycle frame and one wheel can be secured with a high-security U-shaped shackle lock if both wheels are left on the bicycle. One such object may serve multiple bicycle parking spaces.

4. Size and Accessibility. Each short-term bicycle parking space shall be a minimum of two feet in width and six feet in length and shall be accessible without moving another bicycle. Two feet of clearance shall be provided between bicycle parking spaces and adjacent walls, poles, landscaping, street furniture, drive aisles, and pedestrian ways and at least five feet from vehicle parking spaces.

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FIGURE 18.20.080-A: SHORT-TERM BICYCLE PARKING

B. Long-Term Bicycle Parking. Long-term bicycle parking shall be provided in order to serve employees, students, residents, commuters, and others who generally stay at a site for four hours or longer.

1. Parking Spaces Required.
a. Residential Uses. A minimum of one long-term bicycle parking space shall be provided for every five units for multi-unit residential and group residential projects. b. Other Uses. Any establishment with twenty-five or more full-time equivalent employees shall provide long-term bicycle parking at a minimum ratio of one space per twenty vehicle spaces.
c. Parking Structures. Long-term bicycle parking shall be provided at a minimum ratio of one space per fifty vehicle spaces.

2. Location. Long-term bicycle parking must be located on the same lot as the use it serves. In parking garages, long-term bicycle parking must be located near an entrance to the facility.

3. Covered Spaces. At least fifty percent of required long-term bicycle parking must be covered.

Covered parking can be provided inside buildings, under roof overhangs or awnings, in bicycle lockers, or within or under other structures.

4. Security. Long-term bicycle parking must be in:
a. An enclosed bicycle locker;
b. A fenced, covered, locked or guarded bicycle storage area;

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c. A rack or stand inside a building that is within view of an attendant or security guard or visible from employee work areas; or
d. Other secure area approved by the Director.

5. Size and Accessibility. Each bicycle parking space shall be a minimum of two feet in width and six feet in length and shall be accessible without moving another bicycle. Two feet of clearance shall be provided between bicycle parking spaces and adjacent walls, poles, landscaping, street furniture, drive aisles, and pedestrian ways and at least five feet from vehicle parking spaces. (Ord. 1537 (Exh.

C (part)), 2018: Ord. 1480 (Exh. C (part)), 2015; Ord. 1438 § 4 (Exh. A (part)), 2011)

18.20.090 On-site loading.

A. Loading Spaces Required. Every new building, and every building enlarged by more than five thousand square feet of gross floor area that is to be occupied by a manufacturing establishment, storage facility, warehouse facility, retail store, eating and drinking, wholesale store, market, hotel, hospital, mortuary, laundry, dry-cleaning establishment, or other use similarly requiring the receipt or distribution by vehicles or trucks of material or merchandise shall provide off-street loading and unloading areas as follows:

TABLE 18.20.090-A: REQUIRED

LOADING SPACES
Gross Floor
Area (sq. ft.)
Required Loading Spaces
0—6,999 0
7,000—
30,000
1 30,001—
90,000
2 90,001—
150,000
3 150,001—
230,000
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TABLE 18.20.090-A: REQUIRED

LOADING SPACES
Gross Floor
Area (sq. ft.)
Required Loading Spaces
230,001 + 1 per each additional
100,000 square feet or
portion thereof.

1. Multi-Tenant Buildings. The gross floor area of the entire building shall be used in determining spaces for multi-tenant buildings. A common loading area may be required, if each tenant space is not provided a loading area. Drive-in roll-up doors for multi-tenant industrial projects may be substituted for required loading areas.

2. Reduction in Number of Loading Spaces Required. The loading space requirement may be waived if the Director finds that the applicant has satisfactorily demonstrated that, due to the nature of the proposed use, such loading space will not be needed.

3. Additional Loading Spaces Required. The required number of loading spaces may be increased to ensure that trucks will not be loaded, unloaded, or stored on public streets. Such requirement shall be based on the anticipated frequency of truck pick-ups and deliveries and of the truck storage requirements of the use for which the on-site loading spaces are required.

B. Location. All required loading berths shall be located on the same site as the use served. No loading berth for vehicles over two-ton capacity shall be closer than fifty feet to any property in a residential district unless completely enclosed by building walls, or a uniformly solid fence or wall, or any comb ination thereof, not less than six feet in height. No permitted or required loading berth shall be located within twenty-five feet of the nearest point of any street intersection.

C. Minimum Size. Each on-site loading space required by this chapter shall not be less than ten feet wide, twenty-five feet long, and fourteen feet high, exclusive of driveways for ingress and egress, maneuvering areas and setbacks. The minimum size requirement may be modified if the Director finds that the applicant has satisfactorily demonstrated that, due to the nature of the proposed use, such size will not be needed.

D. Driveways for Ingress and Egress and Maneuvering Areas. Each on-site loading space required by this section shall be provided with driveways for ingress and egress and maneuvering space of the same type and meeting the same criteria required for on-site parking spaces. Truck-maneuvering areas shall not

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encroach into required parking areas, travelways, or street rights-of-way. This requirement may be modified if the Director finds that sufficient space is provided so that truck-maneuvering areas will not interfere with traffic and pedestrian circulation.

E. Surfacing. All open on-site loading berths shall be improved with a compacted base, not less than f ive inches thick, surfaced with not less than three inches of plant-mix asphalt, concrete, or comparable material approved by the City Engineer. (Ord. 1537 (Exh. C (part)), 2018: Ord. 1438 § 4 (Exh. A (part)), 2011)

18.20.100 Parking area design and development standards.

All parking areas, except those used exclusively for stacked parking, shall be designed and developed consistent with the following standards. Parking areas used exclusively for stacked parking are subject only to subsections I through R of this section. Stacked parking areas which will allow parking at some times without attendants must be striped in conformance with the layout requirements of this section.

A. Handicapped Parking. Each lot or parking structure where parking is provided for the public as clients, guests, or employees shall include parking accessible to handicapped or disabled persons as near as practical to a primary entrance.

B. Tandem Parking. Tandem parking may be permitted to satisfy the off-street parking requirement in accordance with the following:

1. No more than two vehicles shall be placed one behind the other.

2. Both spaces shall be assigned to a single dwelling unit or nonresidential establishment.

3. Tandem parking to meet required parking for nonresidential uses may be used for employee parking; the maximum number of tandem parking spaces shall not exceed fifty percent of the total number of spaces.

4. Tandem parking to meet required parking for multi-unit development shall be located within an enclosed structure; the maximum number of tandem parking spaces shall not exceed fifty percent of the total number of spaces.

5. Tandem parking shall not be used to meet the guest parking requirement.

C. Carpool and Vanpool Parking. At least ten percent of the required parking spaces for offices and all uses within the industrial use classification shall be designated and reserved for carpools or vanpools.

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These spaces shall be located closest to the main entrance of the project (exclusive of spaces designated for handicapped).

D. Shopping Cart Storage. When there are businesses that utilize shopping carts, adequate temporary shopping cart storage areas shall be provided throughout the parking lots. No temporary storage of shopping carts is allowed on walkways outside of buildings.

E. Parking Access.

1. Shared Access. Nonresidential projects are encouraged to provide shared vehicle and pedestrian access to adjacent nonresidential properties for convenience, safety, and efficient circulation. A joint access agreement guaranteeing the continued availability of the shared access between the properties approved by the Director shall be recorded in the County Recorder’s Office, in a form satisfactory to the City Attorney.

2. Forward Entry. Parking areas of four or more spaces shall be provided with suitable maneuvering room so that all vehicles therein may enter an abutting street in a forward direction.

3. Driveway Length. Driveways providing direct access from a public street to a garage or carport shall be at least twenty feet in depth.

4. Driveway Width.
a. The minimum width of a driveway serving one to two residences shall be no less than eight feet total width, with a minimum clearance of ten feet. Maximum width is twenty feet. b. The minimum width of a driveway serving three to six residential units is:
i. Eight feet for a one-way driveway; or
ii. Fourteen feet for a two-way driveway.
c. The minimum width of a driveway serving seven or more residential or comme rcial uses is:
i. Ten feet for a one-way driveway; or
ii. Twenty feet for a two-way driveway.
d. The maximum driveway width is twenty feet for a one-way driveway and thirty-three feet for a two-way driveway.

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F. Size of Parking Spaces and Maneuvering Aisles. Parking spaces and maneuvering aisles shall meet the minimum dimensions required by this subsection. Screening walls, roof support posts, columns, or other structural members shall not intrude into the required dimensions for parking spaces.

1. Standard Parking Spaces and Drive Aisles. The minimum basic dimension for standard parking spaces is eight and one-half feet by eighteen feet, with a minimum vertical clearance of seven feet.

Table 18.20.100-F(1) provides the dimensions of spaces (stalls) and aisles according to angle of parking spaces. The required aisle width may be modified if the City Engineer finds that sufficient space is provided, so that maneuvering areas will not interfere with traffic and pedestrian circulation.

TABLE 18.20.100-F(1): STANDARD PARKING SPACE AND AISLE DIMENSIONS Angle of Parking Stall Width (ft.)
Curb Length Per Stall
(ft.)
Stall Depth (ft.) Aisle Width (ft.)
Parallel 8.5 20 8.5 12
30° 8.5 18 19.5 11
45° 8.5 13 20 13
60° 8.5 10.5 21 18
90° 8.5 8.5 18 24

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FIGURE 18.20.100-F(1): STANDARD PARKING SPACES

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2. Parking Spaces Abutting Wall or Fence. Each parking space adjoining a wall, fence, column, or other obstruction higher than one-half of one foot in the vicinity of where a vehicle door may be located shall be increased to accommodate access to the vehicle through the door.

3. Minimum Dimensions for Residential Garages and Carports. Garages and carports serving residential uses shall be constructed to meet the following minimum inside dimensi ons and related requirements:
a. A single-car garage or carport: ten feet in width by twenty feet in length. b. A two-car garage or carport: twenty feet in width by twenty feet in length for a standard garage, and ten feet in width by forty feet in length for a tandem garage. c. A garage or carport containing three or more spaces: nine feet in width by nineteen feet in length per space.
d. The vertical clearance for garage or carport parking spaces shall not be less than seven feet.

Stairs may encroach into the parking area of a garage; provided, that the front end of a standard size automobile can fit under the stair projection. The bottom of the stairwell (including exterior finish) shall be a minimum of five feet above the garage floor.

G. Parking Lot Striping. All parking stalls shall be clearly outlined with striping, and all aisles, approach lanes, and turning areas shall be clearly marked with directional arrows and lines as necessary to provide for safe traffic movement.

H. Wheel Stops. Concrete bumper guards or wheel stops shall be provided for all unenclosed parking spaces on a site with ten or more unenclosed parking spaces. A six-inch-high concrete curb surrounding a landscape area at least six feet wide may be used as a wheel stop; provided, that the overhang will not damage or interfere with plant growth or its irrigation. A concrete sidewalk may be used as a wheel stop if the overhang will not reduce the minimum required walkway width.

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FIGURE 18.20.100-H: WHEEL STOPS

I. Surfacing. All parking areas shall be paved and improved, and all sites shall be properly drained, consistent with California Regional Water Quality Control Board San Francisco Bay Region Municipal Regional Stormwater NPDES permit and subject to the approval of the City Engineer. No unpaved area shall be used for parking.

1. Cross-Grades. Cross-grades shall be designed for slower stormwater flow and to direct stormwater toward landscaping, bio-retention areas, or other water collection/treatment areas.

2. Landscaping Alternative. Up to two feet of the front of a parking space as measured from a line parallel to the direction of the bumper of a vehicle using the space may be landscaped with ground cover plants instead of paving.

3. Permeable Paving. Permeable paving shall be used in all overflow parking areas and installed in accordance with manufacturer recommended specifications.

4. Turf Grids/Grassy Pavers. Turf grids/grassy pavers shall be installed in areas of low traffic or infrequent use wherever feasible.

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J. Perimeter Curbing. A six-inch-wide and six-inch-high concrete curb shall be provided along the outer edge of the parking facility pavement, except where said pavement abuts a fence or wall. Curbs separating landscaped areas from parking areas shall be designed to allow stormwater runoff to pass through.

K. Heat Island Reduction. A heat island is the increase in ambient temperature that occurs over large paved areas compared to natural landscape. In order to reduce ambient surface temper atures in parking areas, at least fifty percent of the areas not landscaped shall be shaded, of light colored materials with a solar reflectance index of at least twenty-nine, or a combination of shading and light colored materials.

1. Shade may be provided by canopies, shade structures, trees, or other equivalent mechanism. If shade is provided by trees, the amount of required shading is to be reached within fifteen years.

2. Trees shall be selected from a list maintained by the Planning Division.

L. Lighting. Public parking areas designed to accommodate ten or more vehicles shall be provided with a minimum of one-half foot-candle and a maximum of three foot-candles of light over the parking surface during the hours of use from one-half hour before dusk until one-half hour after dawn.

1. Lighting design shall be coordinated with the landscape plan to ensure that vegetation growth will not substantially impair the intended illumination.

2. Parking lot lighting shall, to the maximum extent feasible, be designed and installed so that light and glare is not directed onto residential use areas or adjacent public rights-of-way, consistent with Chapter 18.21, Performance Standards.

M. Separation from On-Site Buildings. Parking areas must be separated from the front and side exterior walls of on-site buildings by walkways a minimum of four feet in width. Commercial buildings with twenty- five thousand square feet or more of gross floor area must be separated from on-site parking on all sides by a walkway a minimum of five feet in width, as well as a planter area at least three feet in width. These requirements do not apply to parking areas containing five or fewer spaces.

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FIGURE 18.20.100-M: SEPARATION FROM ON-SITE BUILDINGS

N. Landscaping. Landscaping of parking areas shall be provided and maintained according to the general standards of Chapter 18.18, Landscaping, as well as the standards of this subsection for all uses except single-unit dwellings and duplexes.

1. Landscape Area Required. A minimum of ten percent of any parking lot area shall be landscaped.

2. Minimum Planter Dimension. No landscape planter that is to be counted toward the required landscape area shall be smaller than twenty-five square feet in area, or four feet in any horizontal dimension, excluding curbing.

3. Layout. Landscaped areas shall be well-distributed throughout the parking lot area. Parking lot landscaping may be provided in any combination of:
a. Landscaped planting strips at least four feet wide between rows of parking stalls; b. Landscaped planting strips between parking areas and adjacent buildings or internal pedestrian walkways;
c. Landscaped islands located between parking stalls or at the ends of rows of parking stalls; and
d. On-site landscaping at the parking lot perimeter.

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4. Required Landscaped Islands. A landscaped island at least six feet in all interior dimensions and containing at least one fifteen-gallon-size tree shall be provided at each end of each interior row of parking stalls and between every six consecutive parking stalls.

5. Landscaped Buffer for Open Parking Adjacent to Right-of-Way. A landscaped area at least five feet wide shall be provided between any surface parking area and any property line adjacent to a public street, unless a different dimension is specified in the base district standards applicable to a site.

6. Landscaped Buffer for Open Parking Abutting Interior Lot Line. A landscaped area at least three feet wide shall be provided between any surface parking area and any adjacent lot for the length of the parking area.

7. Landscaped Buffer for Parking Garages. A parking garage that does not incorporate ground - floor nonresidential or residential use or is not otherwise screened or concealed at street frontages on the ground level must provide a landscaped area at least ten feet wide between the parking garage and public street.

8. Parking Garage Rooftop Planting. Uncovered parking on the top level of a parking structure shall have rooftop planters with a minimum dimension of twenty-four inches around the entire perimeter of the top floor.

9. Trees.
a. Number Required. One for each five parking spaces. b. Distribution. Trees shall be distributed relatively evenly throughout the parking area. c. Species. Tree species shall be selected from a list maintained by the Planning Division. d. Size. All trees shall be a minimum fifteen-gallon size with a one-inch diameter at forty- eight inches above natural grade.
e. Minimum Planter Size. Any planting area for a tree must have a minimum interior horizontal dimension of five feet. Additional space may be required for some tree species.

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FIGURE 18.20.100-N: PARKING LOT LANDSCAPING

10. Protection of Vegetation.
a. Clearance from Vehicles. All required landscaped areas shall be designed so that plant materials, at maturity, are protected from vehicle damage by providing a minimum two -foot clearance of low-growing plants where a vehicle overhang is permitted, or by wheel stops set a minimum of two feet from the back of the curb.
b. Planters. All required parking lot landscaping shall be within planters bounded by a concrete curb at least six inches wide and six inches high. Curbs separating landscaped areas from parking areas shall be designed to allow stormwater runoff to pass through.

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FIGURE 18.20.100-N(10): PROTECTION OF VEGETATION

11. Visibility and Clearance. Landscaping in planters at the end of parking aisles shall no t obstruct driver’s vision of vehicular and pedestrian cross-traffic. Mature trees shall have a foliage clearance maintained at eight feet from the surface of the parking area. Other plant materials located in the interior of a parking lot shall not exceed thirty inches in height.

O. Screening. Parking areas shall be screened from view from public streets and adjacent lots in a more restrictive district, according to the following standards:

1. Height. Screening of parking lots from adjacent public streets shall be three feet in height.

Screening of parking lots along interior lot lines that abut residential districts shall be six feet in height, except within the required front setback of the applicable zoning district, where screening shall be three feet in height.

2. Materials. Screening may consist of one or any combination of the methods listed below:
a. Walls. Low-profile walls consisting of brick, stone, stucco, or other quality durable material approved by the Director, and including a decorative cap or top finish as well as edge detail at wall ends. Plain concrete blocks are not allowed as a screening wall material unless capped and finished with stucco or other material approved by the Director.

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b. Fences. An open fence of wrought iron or similar material combined with plant materials to form an opaque screen. Use of chain-link or vinyl fencing for screening purposes is prohibited.
c. Planting. Plant materials consisting of compact evergreen plants that form an opaque screen. Such plant materials must achieve a minimum height of two feet within eighteen months after initial installation.
d. Berms. Berms planted with grass, ground cover, or other low-growing plant materials.

P. Circulation and Safety.

1. Visibility shall be assured for pedestrians, bicyclists, and motorists entering individual parking spaces, circulating within a parking facility, and entering or leaving a parking facility.

2. Off-street parking areas of four or more spaces shall be provided with sufficient maneuvering room so that all vehicles can enter and exit from a public street by forward motion only.

3. Parking lots shall be designed so that sanitation, emergency, and other public service vehicles can provide service without backing unreasonable distances or making other dangerous or hazardous turning movements.

4. Separate vehicular and pedestrian circulation systems shall be provided where possible. Multi - unit residential developments of five or more units must provide pedestrian access t hat is separate and distinct from driveways. Parking areas for commercial and mixed-use developments that are eighty feet or more in depth and/or include twenty-five or more parking spaces must have distinct and dedicated pedestrian access from the commercial use to parking areas and public sidewalks, according to the following standards:
a. Connection to Public Sidewalk. An on-site walkway shall connect the main building entry to a public sidewalk on each street frontage. Such walkway shall be the shortest practical distance between the main building entry and sidewalk, generally no more than one hundred twenty-five percent of the straight-line distance.
b. Materials and Width. Walkways shall provide at least five feet of unobstructed width and be hard-surfaced.

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c. Identification. Pedestrian walkways shall be clearly differentiated from driveways, parking aisles, and parking and loading spaces through the use of elevation changes, a different paving material, or similar method.
d. Separation. Where a pedestrian walkway is parallel and adjacent to an auto travel lane, it must be raised and separated from the auto travel lane by a raised curb at least four inches high, bollards, or other physical barrier.

Q. Alternative Parking Area Designs. Where an applicant can demonstrate to the satisfaction of the Director that variations in the dimensions otherwise required by this section are warranted in order to achieve environmental design and green building objectives, including but not limited to achie ving certification under the LEEDTM Green Building Rating System or equivalent, an alternative parking area design may be approved.

R. Maintenance. Parking lots, including landscaped areas, driveways, and loading areas, shall be maintained free of refuse, debris, or other accumulated matter and shall be kept in good repair at all times. (Ord. 1537 (Exh. C (part)), 2018: Ord. 1480 (Exh. C (part)), 2015; Ord. 1438 § 4 (Exh. A (part)), 2011)

Chapter 18.41
TERMS AND DEFINITIONS Revised 7/22
Sections:

18.41.010 List of terms. Revised 7/22

18.41.020 Definitions. Revised 7/22

18.41.010 List of terms. Revised 7/22
Abutting or Adjoining
Access
Accessory Building, See “Building, Accessory”
Accessory Structure, See “Structure, Accessory”
Accessory Use, See “Use, Accessory”
Adjacent
Administrative Guidelines

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Alley
Alteration
Applicant
Awning
Balcony
Base District, See “Zoning District”
Basement
Bedroom
Block
Blockface
Building:

1. Accessory Building

2. Main Building
Building Code
Building Face
Building Footprint, See “Footprint”
Building Frontage
Building Height, See “Height”
Building Site
Build-To Line
California Environmental Quality Act (CEQA)
Cannabis

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Canopy
Carport
City
City Arborist
City Council
City Engineer
Commercial Cannabis Activity
Community of Trees
Compatible
Conditionally Permitted
Construction
Construction Activity
Corner Build-to Area
County
Deck
Demolition
Density, Net
Development
Development Agreement
Director
District, See “Zoning District”
Drive-Through Facilities

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Driveway
Dwelling Unit
Easement
Effective Date
Electrical Code
Emergency
Environmental Impact Report (EIR)
Environmental Review
Erect
Facade
Family
Feasible
Fence-Related Definitions:

1. Fences

2. Front-most Wall

3. Irregular Lot

4. Lattice

5. Lot Lines

6. Replacement

7. Sight Distance Triangle

8. Statuary Structures
Flex Space

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Floor Area
Floor Area Ratio (FAR)
Foot-Candle, See “Lighting-Related Definitions”
Footprint
Formula Business
Freeway
Frontage, Street
Garage
General Plan
Glare
Government Code
Grade:

1. Adjacent Grade

2. Average Grade

3. Existing Grade

4. Finished Grade

5. Grade Plane
Ground Floor
Habitation
Hazardous Materials
Heat
Height

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Heritage Tree
Home Occupation
Household
Illegal Use
Intensity of Use
Intersection, Street
Juliet Balcony
Kitchen
Landmark Sites
Landscaping-Related Definitions:

1. Automatic Irrigation Controller

2. Backflow Prevention Device

3. Check Valve (Anti-drain Valve)

4. Drip Irrigation

5. Emitter

6. Flow Rate

7. Hedge

8. Homeowner-provided Landscaping

9. Hydrozone

10. Landscaping
a. Private Landscaping
b. Public Landscaping

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11. Mulch

12. Overhead Sprinkler Irrigation Systems

13. Overspray

14. Park Strip

15. Pervious

16. Pruning

17. Rain Sensor

18. Remove

19. Runoff

20. Shrub

21. Sidewalk

22. Soil Moisture Sensor

23. Tree
a. Community of Trees
b. Exotic Tree
c. Founders Tree
d. Heritage Tree
e. Private Tree
f. Protected Tree
g. Public Tree
h. Significant Tree
i. Street Oriented Tree

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24. Trim

25. Unimproved right-of-way
Lighting-Related Definitions:

1. Foot-candle

2. Light Fixture

3. Light Fixture Cutoff
a. Full Cutoff
b. Cutoff
c. Semi-Cutoff
d. Non-Cutoff

4. Shielded Fixture
Living Room
Lot:

1. Abutting Lot

2. Corner Lot

3. Flag Lot

4. Interior Lot

5. Key Lot

6. Reversed Corner Lot

7. Through Lot
Lot Area
Lot Coverage

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Lot Depth
Lot Frontage, See “Frontage, Street”
Lot Line
Lot Line Types:

1. Front Lot Line

2. Interior Lot Line

3. Rear Lot Line

4. Side Lot Line

5. Street Side Lot Line
Lot Width
Maintenance and Repair
Mansard
Mezzanine, See “Story”
Municipal Code
Noise-Related Definitions:

1. Ambient Noise Level

2. Noise

3. Noise Level Reduction (NLR)
Nonconforming Building, See “Nonconforming Structure”
Nonconforming Lot
Nonconforming Structure
Nonconforming Use

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On-Site
On-Site Loading Facilities
Open Space Types:

1. Private Open Space

2. Common Open Space

3. Usable Open Space
Opposite
Outdoor Storage
Owner
Parcel, See “Lot”
Parking Area

1. Accessory Parking

2. Long-Term Parking
Parking, Bicycle

1. Long-term

2. Short-term
Parking Space, Off-Street
Peak Time
Permit
Permitted Use
Person
Personal Cannabis Cultivation

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Persons with Disabilities
Planning Commission
Preexisting
Principal Use
Project
Protected Tree
Pruning
Public Resources Code
Qualified Applicant
Regional Retail and Destination-Oriented Uses
Removal
Retail Establishments That Sell Ammunition or Firearms
Review Authority
Right-of-Way
Safe Routes to School
Screening
Setback
Sidewalk
Sight Distance Triangle
Significant Tree
Site
Solar Reflective Index

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Specific Plan
Sphere of Influence
State
Story
Street
Street Line
Structural Alterations
Structure:

1. Structure, Accessory

2. Structure, Primary (Structure, Main)

3. Structure, Temporary
Swimming Pool
Tandem Parking
Temporary Use-Related Definitions:

1. Garage Sales

2. Outdoor Sales, Temporary and Seasonal
Tree Protection Zone (TPZ)
Trimming
Unit, See “Dwelling Unit”
Use

1. Accessory Use

2. Incidental Use

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3. Primary Use
Use Classification
Use Permit
Use Type
Variance
Vehicle
Vibration
Visible
Wall
Yard:

1. Front Yard

2. Interior Side Yard

3. Street Side Yard

4. Rear Yard
Zoning Administrator
Zoning District
(Ord. 1580 § 3 (Exh. B), 2022; Ord. 1540 (Exh. G (part)), 2019; Ord. 1525 § 2(1) (Exh. A (part)), 2017; Ord. 1518 § 3 (Exh. C (part)), 2017; Ord. 1464 § 3 (Exh. D (part)), 2013: Ord. 1438 § 4 (Exh. A (part)), 2011)

18.41.020 Definitions. Revised 7/22
“Abutting” or “adjoining” means having a common boundary, except that parcels having no common boundary other than a common corner shall not be considered abutting. “Access” means the place or way through which pedestrians and/or vehicles shall have safe, adequate and usable ingress and egress to a property or use as required by this title.

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Accessory Building. See “building, accessory.”
Accessory Structure. See “structure, accessory.”
Accessory Use. See “use, accessory.”
“Adjacent” means directly abutting, having a boundary or property line(s) in common or bordering directly , or contiguous to.
“Administrative guidelines” means staff-prepared regulations for implementation and interpretation of this chapter.
“Alley” means a public way permanently reserved primarily for secondary vehicular service access to the rear or side of properties otherwise abutting on a street. “Alteration” means any change, addition or modification that changes the exterior architectural appearance or materials of a structure or object. Alteration includes changes in exterior surfaces, changes in mat erials, additions, remodels, demolitions, and relocation of buildings or structures, but excludes ordinary maintenance and repairs (see also “maintenance and repair”). See “structural alterations” for modifications to any of the supporting members of a structure.
“Applicant” is the person seeking a permit to remove or perform pruning on a protected tree under this chapter.
“Awning” means an architectural projection that provides weather protection, identity or decoration and is wholly supported by the building to which it is attached. An awning is typically constructed of nonrigid materials on a supporting framework which projects from and is supported by the exterior wall of a building.
“Balcony” means a platform that projects from the wall of a building thirty inches or more above grade that is accessible from the building’s interior, is not accessible from the ground and is not enclosed by walls on more than two sides (see also “deck”).

Base District. See “zoning district.”
“Basement” means a nonhabitable space beneath the first or ground floor of a building the ceiling of which does not extend more than four feet above finished grade. “Bedroom” means any room having the potential of being a bedroom and meeting the standards of the California Building Code as a sleeping room.

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“Block” means property bounded on all sides by a public right-of-way. “Blockface” means all property between two intersections that fronts upon a street or abuts a public right - of-way.
“Building” means any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods, or materials.

1. “Accessory building” means a detached subordinate building used only as incidental to the main building on the same lot.

2. “Main building” means a building in which is conducted the principal use of the lot on which it is situated. In the event a garage is attached to the main building, it shall be made structurally a part of, and have a common wall with, the main building and shall comply in all respects with the requirements of this title applicable to the main building. “Building Code” means any ordinance of the City governing the type and method of construction of buildings, signs, and sign structures and any amendments thereto and any substitute therefor including, but not limited to, the California Building Code, other State-adopted uniform codes and the minimum building security standards ordinance.
“Building face” means the general outer surface of the structure or walls of a building. Where bay windows or pillars project beyond the walls, the outer surface of the windows or pillars shall be considered to be the face of the building.

Building Footprint. See “footprint.”
“Building frontage” means the lineal dimension, parallel to the ground, of a building abutting on a public street, or a parking lot accessory to that business even though another business may also have entitlement to that parking lot.

Building Height. See “height.”
“Building site” means a lot or parcel of land occupied or to be occupied, by a main building and accessory buildings together with such open spaces as are required by the terms of this title and having its principal frontage on a street, road, highway, or waterway.
“Build-to line” means a line parallel to the lot line where the facade of the building is required to be located.

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“California Environmental Quality Act (CEQA)” means Public Resources Code Section 21000 et seq. or any successor statute and associated guidelines (California Code of Regulations Section 15000 et seq.) that require public agencies to document and consider the environmental effects of a proposed action before a decision.
“Cannabis” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this title, “cannabis” does not mean “industrial hemp” as defined by Section 11018.5 of the California Health and Safety Code. “Canopy” means a roofed shelter projecting over a sidewalk, driveway, entry, window, or similar area tha t may be wholly supported by a building or may be wholly or partially supported by columns, poles, or braces extending from the ground.
“Carport” means an accessible and usable covered space enclosed on not more than two sides, designed, constructed and maintained for the parking or storage of one or more motor vehicles. “City” means the City of San Carlos.
“City Arborist” means the City-retained arborist.
“City Council” means the City Council of the City of San Carlos. “City Engineer” means the City Engineer of the City of San Carlos. “Commercial cannabis activity” means the cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, distribution, delivery, or sale of cannabis or a cannabis product, except as set forth in Section 19319 of the California Business and Professions Code, related to qualifying patients and primary caregivers.
“Community of trees” means a group or grove of trees that are dependent upon each other for their survival and/or structural stability.

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“Compatible” means that which is harmonious with and will not adversely affect surrounding buildings and/or uses.
“Conditionally permitted” means permitted subject to approval of a use permit. “Construction” means construction, erection, enlargement, alteration, conversion or movement of any building, structures, or land together with any scientific surveys associated therewith. “Construction activity” means any construction work associated with or requiring a permit for any new building, building addition, building demolition, grading, excavation or paving. This includes all necessary related activities which may or may not be shown on site plans, including but not limited to:
storing/staging of materials, site access, parking, placement of temporary structures, debris disposal, additional excavation and landscaping.
“Corner build-to area” means the area of a corner lot where the facade of the building is required to be located.
“County” means the County of San Mateo.
“Deck” means a platform, either freestanding or attached to a building, that is supported by pillars or posts.

See also “balcony.”
“Demolition” means the intentional destruction and removal of fifty percent or more of the enclosing exterior walls and fifty percent of the roof of any structure. “Density, net” means the number of dwelling units per acre of land excluding street rights -of-way, public easements, public open space, land under water, and certified wetlands and floodplains. Setbacks for wetlands and other sensitive areas, and private open space, and public easements shall not be excluded in calculating net density.
“Development” means any manmade change to improved or unimproved real estate, including but not limited to the division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation, landfill or land disturbance; and any use or extension of the use of land. “Development agreement” means an agreement between the City and any person having a legal or equitable interest in real property for the development of such property and which complies with the applicable provisions of the Government Code for such development agreements.

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“Director” means the Community Development Director of the City of San Carlos or his/her designee.

District. See “zoning district.”
“Drive-through facilities” means facilities designed to enable persons to receive a service or purchase or consume goods while remaining within a motor vehicle, typically associated with banks, eating and drinking establishments, pharmacies and other commercial uses. “Driveway” means an accessway that provides vehicular access between a street and the parking or loading facilities located on an adjacent property.
“Dwelling unit” means any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking, and sanitation, for not more than one family. See also “family.” “Easement” means a portion of land created by grant or agreement for specific purpose; an easement is the right, privilege or interest which one party has in the land of another. “Effective date” means the date on which a permit or other approval becomes enforceable or otherwise takes effect, rather than the date it was signed or circulated. “Electrical code” means any ordinance of the City regulating the alteration, repair and the installation and use of electricity or electrical fixtures.
“Emergency” means a sudden unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property or essential public services. “Environmental impact report (EIR)” means an environmental impact report as required u nder the California Environmental Quality Act.
“Environmental review” means an evaluation process pursuant to CEQA to determine whether a proposed project may have a significant impact on the environment. “Erect” means to build, construct, attach, hang, place, suspend or affix to or upon any surface. Such term shall also include the painting of wall signs.
“Facade” means the exterior wall of a building exposed to public view or that wall viewed by persons not within the building. The portion of any exterior elevation of a building extending vertically from the grade to the top of a parapet wall or eave, and hor-izontally across the entire width of the building elevation.

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“Family” means one or more persons occupying a dwelling unit and living together as a si ngle nonprofit housekeeping unit and sharing common living, sleeping, cooking and eating facilities. Members of a family need not be related by blood but are distinguished from a group occupying a hotel, club, fraternity or sorority house.
“Feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.

Fence-Related Definitions. The following terms are related to Section 18.15.040, Fences and walls:

1. “Fences” means horizontal and vertical structures that are intended to separate properties, retain soil materials and provide security; or as defined by the Building Official. Fences may also be walls, hedges and screen planting.

2. “Front-most wall” means the facade of the residence (exclusive of accessory and appurtenant structures such as decks, stairwells, etc.) which is located closest to the front property line.

3. “Irregular lot” means any lot which does not conform to the definition of a corner lot or an interior lot including, but not limited to, through lots, pie and reverse pie shaped lots, flag lots, triangular lots with double street frontages, multisided lots and other lots in the opinion of the Director which are irregular.

4. “Lattice” means a patterned, crossed material (excluding chain-link fencing) that is arranged to allow at least fifty percent of light and air through the crossed material. Arrangements allowing less than fifty percent will be considered solid.

5. Lot Lines. Rear and side lot lines shall be those defined in this chapter. A property owner of a corner lot may designate which property line abutting a public right-of-way is his/her front and street side property line, for purposes of this section only. No more than one property line abutting a public right-of-way may be designated as a front property line and no more than one property line abutting a public right-of-way may be designated a street side property line.

6. “Replacement” means the replacement of any post or rail. Posts or rails cannot be paired or reinforced to avoid replacement to current code. Board repair or substitution does not constitute replacement.

7. “Sight distance triangle” means the sight distance triangular area formed by the intersecting curb lines (or edge of pavement when no curbs exist) and a line joining points on these curb lines at a

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distance of forty feet along both lines from their intersection that defines a minimum area of unobstructed view.

8. “Statuary structures” means decorative objects such as birdbaths, fountains, wells and figures. “Flex space” means floor area constructed so that it can be adapted for retail/restaurant use in the future, but may be used for other uses in the interim.
“Floor area” means the total horizontal enclosed area of all the floors below the roof and within the outer surface of the walls of a building or other enclosed structure unless otherwise stipulated. See also Section 18.03.080, Determining floor area.
“Floor area ratio (FAR)” means the ratio of the total floor area of all buildings on a lot or other designated building site to the lot area or building site area. See also Section 18.03.090, Determining floor area ratio.

Foot-candle. See Lighting-Related Definitions.
“Footprint” means the horizontal area, as seen in plan view, of a building or structure, m easured from the outside of exterior walls and supporting columns, and excluding eaves. See also Section 18.03.100, Determining lot coverage.
“Formula business” means a use that has fifteen or more other business locations in the United States and is required by contract, business model, or practice to maintain any of the following standardized characteristics: merchandise; menu; services; decor; uniforms; architecture; facade; color scheme; or signs.

See also Section 18.23.260, Formula business uses.
“Freeway” means a highway in respect to which the owners of abutting lands have no right or easement of access to or from their abutting lands or in respect to which such owners have only restricted right or easement of access.
“Frontage, street” means that portion of a lot or parcel of land that borders a public street. Street frontage shall be measured along the common lot line separating said lot or parcel of land from the public street, highway, or parkway.
“Garage” means a building or portion thereof, containing accessible and usable enclosed space designed, constructed and maintained for the parking or storage of one or more motor vehicles. “General Plan” means the City of San Carlos General Plan.

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“Glare” means the effect produced by a light source within the visual field that is sufficiently brighter than the level to which the eyes are adapted, such as to cause annoyance, discomfort or loss of visual performance and ability.
“Government Code” means the Government Code of the State of California. “Grade” means the location of the ground surface.

1. “Adjacent grade” means the lowest elevation of ground surface within five feet of the building exterior wall.

2. “Average grade” means a horizontal line approximating the ground elevation through each building on a site used for calculating the exterior volume of a building. Average grade is calculated separately for each building.

3. “Existing grade” means the elevation of the ground at any point on a lot as shown on the r equired survey submitted in conjunction with an application for a building permit or grading permit. Existing grade also may be referred to as “natural grade.”

4. “Finished grade” means the lowest point of elevation of the finished surface of the ground , paving, or sidewalk within the area between the building and the lot line, or when the lot line is more than five feet from the building, between the building and a line five feet from the building.

5. “Grade plane” means a reference plane representing the average of finished ground level adjoining the building at exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or, where the lot line is more than five feet from the building, between the building and a point five feet from the building.

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FIGURE 18.41.020-A: GRADE PLANE

“Ground floor” means the first floor of a building other than a cellar or basement tha t is closest to finished grade.
“Habitation” means regular and exclusive use of a space or structure for shelter and other residential purposes in a manner that is private and separate from another residence on the same lot. “Hazardous materials” means any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. “Heat” means thermal energy of a radioactive, conductive, or convective nature. “Height” means the vertical distance from a point on the ground below a structure to a point directly above. See also Section 18.03.050, Measuring height.
“Heritage tree” means any:

1. Indigenous tree whose size, as measured at fifty-four inches (54") above natural grade (unless otherwise indicated), is defined below:
a. Aesculus californica (buckeye) with a single stem or multiple stems touching each other at fifty-four inches (54") above natural grade and measuring nine inches (9") in diameter or greater.

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b. Arbutus menziesii (madrone) with a single stem or multiple stems touching each other at fifty-four inches (54") above natural grade and measuring nine inches (9") in diameter or greater.
c. Quercus agrifolia (coast live oak) measuring nine inches (9") in diameter or greater. d. Quercus lobata (valley oak) measuring nine inches (9") in diameter or greater. e. Quercus douglassii (blue oak) measuring nine inches (9") in diameter or greater. f. Quercus wislizneii (interior live oak) measuring nine inches (9") in diameter or greater. g. Sequoia sempervirens (redwood) measuring fifteen inches (15") in diameter or greater. h. Umbrellularia californica (California bay laurel) with a single stem or multiple stems touching each other at fifty-four inches (54") above natural grade and measuring eleven inches (11") in diameter or greater.

Heritage Tree Species
Minimum
Protected
Diameter
Aesculus californica
(buckeye)
9" diameter
or greater
Arbutus menziesii
(madrone)
9" diameter
or greater
Quercus agrifolia
(coast live oak)
9" diameter
or greater
Quercus lobata (valley
oak)
9" diameter
or greater
Quercus douglassii
(blue oak)
9" diameter
or greater
Quercus wislizneii
(interior live oak)
9" diameter
or greater
Sequoia sempervirens
(redwood)
15" diameter
or greater

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Heritage Tree Species
Minimum
Protected
Diameter
Umbellularia californica
(California bay laurel)
11" diameter
or greater

2. Community of trees;

3. Trees designated by the City Council, based upon findings that the particular tree is unique and of importance to the public due to its unusual age, appearance, location or other factors. “Home occupation” means a commercial use conducted on residential property by the inhabitants of the subject residence, which is incidental and secondary to the residential use of the dwelling. See Section 18.23.120, Home occupations. This definition also includes cottage food operations, as defined in Chapter 6.1 of Part 1 of Division 1 of Title 5 of the Government Code and Chapter 11.5 of Part 7 of Division 104 of the Health and Safety Code, which allows individuals to use their home kitchens to prepare, for sale, foods that are not potentially hazardous. “Household” means one or more persons living together in a single dwelling unit, with common acces s to, and common use of, all living and eating areas and all areas and facilities for the preparation and storage of food; who share living expenses, including rent or mortgage payments, food costs and utilities; and who maintain a single mortgage, lease, or rental agreement for all members of the household. “Illegal use” means any use of land or building that does not have the currently required permits and was originally constructed and/or established without permits required for the use at the time it wa s brought into existence.
“Intensity of use” means the extent to which a particular use or the use in combination with other uses affects the natural and built environment in which it is located, the demand for services, and persons who live, work, and visit the area. Measures of intensity include but are not limited to requirements for water, gas, electricity, or public services; number of automobile trips generated by a use; parking demand; number of employees on a site; hours of operation; the amount of noise, light or glare generated; the number of persons attracted to the site, or, in eating establishments, the number of seats. “Intersection, street” means the area common to two or more intersecting streets. “Juliet balcony” means a balcony that has no surface for standing or sitting on.

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“Kitchen” means any room or space within a building intended to be used for the cooking or preparation of food.
“Landmark sites” means specific areas with a zoning designation of Landmark Commercial that have been identified as economic opportunity sites targeted for preferred uses that are regional and destination - oriented. Landmark sites were originally included in the East San Carlos Specific Plan, which has since been retired. Policies and objectives for landmark sites are included in the City’s Economic Development Plan and General Plan. Preferred uses for landmark sites include large-scale office complexes and hotels, including compatible ancillary uses. Landmark sites are located in the City of San Carlos as foll ows:

1. Landmark Site A. Located at the southeast corner of Holly Street and Industrial Road. This site includes five parcels: 501 Industrial Road (APN 046-090-410), 551 Industrial Road (APN 046-090- 330), 595 Industrial Road (APN 046-090-290), 850 East San Carlos Avenue (APN 046-090-210), and 810 East San Carlos Avenue (APN 046-090-220).

2. Landmark Site B. Located at the northeast corner of Holly Street and Industrial Road. This site includes two parcels: 445 Industrial Road (APN 046-051-060) and 405 Industrial Road (APN 046- 051-080).

Landscaping-Related Definitions. The following terms are related to Chapter 18.18, Landscaping:

1. “Automatic irrigation controller” means an automatic timing device used to remotely control valves that operate an irrigation system.

2. “Backflow prevention device” means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system.

3. “Check valve (anti-drain valve)” means a valve located under a sprinkler head, or other location in the irrigation system, to hold water in the system to prevent drainage from sprinkler heads when the sprinkler is off.

4. “Drip irrigation” means any nonspray low-volume irrigation system specifically designed to apply small volumes of water slowly at or near the root zone of plants utilizing emission devices with a flow rate measured in gallons per hour.

5. “Emitter” means a drip irrigation emission device that delivers water slowly from the system to the soil.

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6. “Flow rate” means the rate at which water flows through pipes, valves and emission devices, measured in gallons per minute, gallons per hour, or cubic feet per second.

7. “Hedge” means any group of shrubs planted in line or in groups so that the branches of any one plant are intermingled or form contact with the branches of any other plant in the line. He dges are not considered trees for the purposes of this title.

8. “Homeowner-provided landscaping” means any landscaping either installed by a private individual for a single-family residence or installed by a licensed contractor hired by a homeowner. A homeowner, for purposes of this title, is a person who occupies the dwelling he or she owns. This definition excludes speculative homes, which are not owner-occupied dwellings.

9. “Hydrozone” means a portion of the landscaped area having plants with similar water needs.

10. “Landscaping” means the planting, configuration and maintenance of trees, ground cover, shrubbery and other plant material, decorative natural and structural features (walls, fences, hedges, trellises, fountains, sculptures), earth patterning and bedding materials, and other similar site improvements that serve an aesthetic or functional purpose. a. “Private landscaping” means any landscaping located within the boundaries of privately owned property, and includes any landscaping located within any unimproved right-of-way abutting a private property and in any park strip other than the City-maintained park strip on Laurel Street, and San Carlos Avenue (1100 and 1200 blocks only) or sidewalk abutting a private property.
b. “Public landscaping” means any landscaping located within any street median, City park or other parcel of publicly owned property, including any landscaping located in a City -maintained park strip on Laurel Street, and San Carlos Avenue (1100 and 1200 blocks only).

11. “Mulch” means any organic material such as leaves, bark, straw, compost, or inorganic mineral materials such as rocks, gravel, and decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion.

12. “Overhead sprinkler irrigation systems” means systems that deliver water through the air (e.g., spray heads and rotors).

13. “Overspray” means the irrigation water which is delivered beyond the target area.

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14. “Park strip” means that area of the public street located between the face of the curb and closest edge of the sidewalk.

15. “Pervious” means any surface or material that allows the passage of water thro ugh the material and into the underlying soil.

16. “Pruning” means the removal of more than one-third of the crown or existing foliage of the tree or more than one-third of the root system.

17. “Rain sensor” means a component which automatically suspends an irrigation event when it rains.

18. “Remove” means cutting to the ground; extracting; killing by spraying, girdling, or any other means; or pruning done without a permit or which does not conform to the provisions of a permit.

19. “Runoff” means water that is not absorbed by the soil or landscape to which it is applied and flows from the landscape area.

20. “Shrub” means a bush, hedge or any plant that is not a tree more than twelve inches tall.

21. “Sidewalk” means any concrete sidewalk lying within that area of the street between the face of the curb and the right-of-way line.

22. “Soil moisture sensor” means a device that measures the amount of water in the soil. The device may also suspend or initiate an irrigation event.

23. “Tree” means any live woody or fibrous plant, the branches of which spring from and are supported upon a trunk.
a. “Community of trees” means a group of trees of any size which are ecologically related to each other. b. “Exotic tree” means any tree known not to be an indigenous tree, hence any tree which has been planted for or has excepted from cultivation.
c. “Heritage tree” means any:
i. Indigenous tree whose size, as measured at forty-eight inches above natural grade (unless otherwise indicated), is defined below:

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• Aesculus californica (buckeye) with
a single stem or multiple stems
touching each other at forty-eight
inches above natural grade and
measuring thirty inches in
circumference.
• Arbutus meniesii (madrone) with a
single stem or multiple stems
touching each other at forty-eight
inches above natural grade and
measuring thirty inches in
circumference.
• Quercus agrifolia (coast live oak) of
more than thirty inches in
circumference.
• Quercus lobata (valley oak) of more
than thirty inches in circumference.
• Quercus douglassii (blue oak) of
more than twenty-four inches in
circumference.
• Quercus wislizneii (interior live oak)
of more than twenty-four inches in
circumference.
• Sequoia sempervirens (redwood) of
more than seventy-two inches in
circumference.
• Umbrellularia californica (California
bay laurel) with a single stem or
multiple stems touching each other
at forty-eight inches above natural
grade and measuring thirty inches in
circumference.
ii. Community of trees;

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iii. Tree so designated by the City Council, based upon findings that the particular tree is unique and of importance to the public due to its unusual age, appearance, location or other factors.
d. “Private tree” means any tree located within the boundaries of privately owned property, and includes any tree located within any unimproved right-of-way abutting a private property and in any park strip or sidewalk abutting a private property. e. “Protected tree” means any significant or heritage tree. The following trees shall not be classified as protected trees regardless of size:
i. Bailey, Green or Black Acacia: A. baileyana, A. dedurrens or A. melanoxylon; ii. Tree of Heaven: Ailianthus altissima;
iii. Fruit trees of any kind;
iv. Monterey Pine: Pinus radiata;
v. Eucalyptus.
f. “Public tree” means any tree located within any street median, City park or other parcel of publicly owned property, including any tree located in a City-maintained park strip on Laurel Street, and San Carlos Avenue (1100 and 1200 blocks only). g. “Significant tree” means any tree that is thirty-six inches in circumference (or more) (which is approximately eleven and one-half inches in diameter), outside of bark, measured at forty- eight inches above natural grade. The following trees shall not be classified as significant or heritage trees regardless of size:
i. Bailey, Green or Black Acacia: A. baileyana, A. dedurrens or A. melanoxylon; ii. Tree of Heaven: Ailianthus altissima;
iii. Fruit trees of any kind;
iv. Monterey Pine: Pinus radiata;
v. Eucalyptus.

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h. “Street-oriented tree” means a private tree that is within the first five feet of the front property line, in a park strip of a sidewalk, or in a portion of a public street or within the public right-of-way that is not improved or maintained by the City. i. “Trim” means the cutting or removal of a portion of a tree which removes less than one- third of the crown or existing foliage of a tree, removes less than one-third of the root system, and does not kill the tree.

24. “Unimproved right-of-way” means that portion of a public street, within the public right-of- way, that is not improved or maintained by the City.

Lighting-Related Definitions. The following terms are related to Section 18.15.070, Lighting and illumination:

1. “Foot-candle” means a quantitative unit of measure for luminance. One foot-candle is equal to the amount of light generated by one candle shining on one square foot surface located one foot away. Equal to one lumen uniformly distributed over an area of one square foot.

2. “Light fixture” means the assembly that holds a lamp and may include an assembly housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirrors, and a refractor or lens.

3. Light Fixture Cutoff. Light fixtures are classified as full cutoff, cutoff, semi -cutoff, or non-cutoff according to the most recent adopted criteria of the Illuminating Engineering Society of North America (IESNA). The four IESNA classifications are defined as follows (IESNA 2000):
a. Full Cutoff. The luminous intensity (in candelas) at or above an angle of ninety degrees above nadir is zero, and the luminous intensity (in candelas) at or above a vertical angle of eighty degrees above nadir does not numerically exceed ten percent of the luminous flux (in lumens) of the lamp or lamps in the luminaire. b. Cutoff. The luminous intensity (in candelas) at or above an angle of ninety degrees above nadir does not numerically exceed two and one-half percent of the luminous flux (in lumens) of the lamp or lamps in the luminary, and the luminous intensity (in candelas) at or above a vertical angle of eighty degrees above nadir does not numerically exceed ten percent of the luminous flux (in lumens) of the lamp or lamps in the luminary. c. Semi-Cutoff. The luminous intensity (in candelas) at or above an angle of ninety degrees above nadir does not numerically exceed five percent of the luminous flux (in

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lumens) of the lamp or lamps in the luminary, and the luminous intensity (in candelas) at or above a vertical angle of eighty degrees above nadir does not numerically exceed twenty percent of the luminous flux (in lumens) of the lamp or lamps in the luminary. d. Non-Cutoff. There is no candela limitation in the zone above maximum candela.

4. “Shielded fixture” means outdoor light fixtures shielded or constructed so that light rays emitted by the lamp are projected below the horizontal plane passing through the lowest point on the fixture from which light is emitted.
“Living room” means the principal room in a dwelling unit designed for general living purposes rather than for sleeping.
“Lot” means a parcel, tract, or area of land whose boundaries have been established by a legal instrument such as a deed or map recorded with the County of San Mateo, and which is recognized as a separate legal entity for purposes of transfer of title, except public easements or rights-of-way.

1. “Abutting lot” means a lot having a common property line or separated by a public path or lane, private street, or easement to the subject lot.

2. “Corner lot” means a lot or parcel bounded on two or more sides by street lines that have an angle intersection that is not more than one hundred thirty-five degrees.

3. “Flag lot” means a lot so shaped that the main portion of the lot area does not have access to a street other than by means of a corridor having less than twenty feet of width. Also called a “panhandle” lot.

4. “Interior lot” means a lot bounded on one side by a street line and on all other sides by lot lines between adjacent lots or that is bounded by more than one street with an intersection greater than one hundred thirty-five degrees.

5. “Key lot” means an interior lot adjoining the rear lot line of a reversed corner lot.

6. “Reversed corner lot” means a corner lot, the rear of which abuts the side of another lot, whether across a lane or not.

7. “Through lot” means a lot having frontage on two parallel or approximately parallel streets.

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FIGURE 18.41.020-B: LOT AND YARD TYPES

“Lot area” means the area of a lot measured horizontally between bounding lot lines. “Lot coverage” means the portion of a lot that is covered by structures, including principal and accessory buildings, garages, carports, and roofed porches, but not including unenclosed and unroofed decks, landings, or balconies. See also Section 18.03.100, Determining lot coverage. “Lot depth” means the average distance from the front lot line to the rear lot line measured in the general direction of the side lines. See also Section 18.03.060, Measuring lot width and depth.

Lot Frontage. See “frontage, street.”
“Lot line” means the boundary between a lot and other property or the public right -of-way.

Lot Line Types.

1. Front Lot Line. On an interior lot, the line separating the lot fro m the street or lane. On a corner lot, the shorter lot line abutting a street or lane. On a through lot, the lot line abutting the street or lane providing the primary access to the lot. On a flag or panhandle lot, the interior lot line most parallel to and nearest the street or lane from which access is obtained. Where no lot line is within

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forty-five degrees of being parallel to the rear lot line, a line ten feet in length within the lot, parallel to and at the maximum possible distance from the rear lot line, will be deemed the front lot line for the purpose of establishing the minimum front yard (see Figure 18.41.020-C).

2. Interior Lot Line. Any lot line that is not adjacent to a street.

3. Rear Lot Line. The lot line that is opposite and most distant from the front lot line. Where no lot line is within forty-five degrees of being parallel to the front lot line, a line ten feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, will be deemed the rear lot line for the purpose of establishing the minimum rear yard (see Figure 18.41.020 -C).

4. Side Lot Line. Any lot line that is not a front or rear lot line.

5. Street Side Lot Line. A side lot line of a corner lot that is adjacent to a street.

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FIGURE 18.41.020-C: REAR OR FRONT LOT LINE FOR PURPOSES

OF DETERMINING SETBACKS

“Lot width” means the average distance between the side lot lines measured at right angles to the lot depth. See also Section 18.03.060, Measuring lot width and depth. “Maintenance and repair” means the repair or replacement of nonbearing walls, fixtures, wiring, roof or plumbing that restores the character, scope, size or design of a structure to its previously existing, authorized, and undamaged condition.
“Mansard” means a wall which has a slope equal to or greater than two vertical feet for each horizontal foot and has been designed to look like a roof.

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“Mezzanine” means an intermediate floor within a building interior without complete enclosing interior walls or partitions that is not separated from the floor or level below by a wall and has a floor area that is no greater than one third of the total floor area of the floor below. See “story.” “Municipal code” means the City of San Carlos Municipal Code.

Noise-Related Definitions. The following terms are related to Section 18.21.050, Noise:

1. “Ambient noise level” means the composite of noise from all sources excluding an alleged offensive noise. In this context, the ambient noise level represents the normal or existing level of environmental noise at a given location for a specified time of day or night.

2. “Noise” means any sound that annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.

3. “Noise level reduction (NLR)” means the difference in decibels of noise level from the outside of a building to the interior of a building, generally resulting from various construction methods and the materials used in walls, windows, ceilings, doors, and vents of a building.

Nonconforming Building. See “nonconforming structure.”
“Nonconforming lot” means a legal parcel of land having less area, frontage, or dimensions than required in the zoning district in which it is located.
“Nonconforming structure” means a building or structure, or portion thereof, which was lawfully erected or altered or maintained, but which, because of the application of this title to it, no longer conforms to the specific regulations applicable to the zoning district in which it is located. See Chapter 18.19, Nonconforming Uses, Structures, and Lots.
“Nonconforming use” means the use of a building, structure, or site, or portion thereof, which was lawfully established and maintained, but which, because of the application of this title to it, no longer conforms to the specific regulations applicable to the zoning district in which it is located. See Chapter 18.19, Nonconforming Uses, Structures, and Lots.
“On-site” means located on the lot that is the subject of discussion. “On-Site loading facilities” means a site or portion of a site devoted to the loading or unloading of motor vehicles or trailers, including loading berths, aisles, access drives, and landscaped areas.

Open Space Types.

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1. “Private open space” means open areas for outdoor living and recreation that are adjacent and directly accessible to a single dwelling unit, reserved for the exclusive use of residents of the dwelling unit and their guests.

2. “Common open space” means areas for outdoor living and recreation that are intended for the use of residents and guests of more than one dwelling unit.

3. “Usable open space” means outdoor areas that provide for outdoor living and/or recreation for the use of residents.
“Opposite” means across from or across the street from. “Outdoor storage” means the keeping, in an unroofed area, of any goods, junk, material, me rchandise, or vehicles in the same place for more than twenty-four hours, except for the keeping of building materials reasonably required for construction work on the premises pursuant to a valid and current building permit issued by the City.
“Owner” means a person or persons holding single or unified beneficial title to the property, including but not limited to the settler of a grantor trust, a general partner, firm or corporation.

Parcel. See “lot.”
“Parking area” means an area of a lot, structure, or any other area, including driveways, which is designed for and the primary purpose of which is to provide for the temporary storage of operable motor vehicles.

1. “Accessory parking” means an area of a lot, structure, or any other area, which is designe d, reserved for and the primary purpose of which is to provide off-street parking to serve a building or use that is the primary or main use of the lot.

2. “Long-term parking” means an area designed for employee or parking when a vehicle is not normally moved during the period of an employee’s work shift, as opposed to customer or visitor parking.
“Parking, bicycle” means a covered or uncovered area equipped with a rack or racks designed and usable for the secure, temporary storage of bicycles.

1. Long-term. Bicycle parking that is designed to serve employees, students, residents, commuters, and others who generally stay at a site for four hours or longer.

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2. Short-term. Bicycle parking that is designed to serve shoppers, customers, messengers, gues ts, and other visitors to a site who generally stay for a period of less than four hours. “Parking space, off-street” means an area, covered or uncovered, designed and usable for the temporary storage of a vehicle, which is paved and accessible by an automobile without permanent obstruction. “Peak time” means the period of time with the greatest amount of activity and vehicles on the site. “Permit” means any zoning clearance, conditional use permit, minor use permit, temporary use permit, building permit, license, certificate, approval, or other entitlement for development and/or use of property as required by any public agency.
“Permitted use” means any use or structure that is allowed in a zoning district without a requirement for approval of a use permit, but subject to any restrictions applicable to that zoning district. “Person” means any individual, firm, association, organization, partnership, business trust, company, or corporation.
“Personal cannabis cultivation” means any activity involving the propagation, planting, growing, harvesting, drying, curing, grading, or trimming of cannabis strictly for personal use. Such activity must be performed by a person who is at least twenty-one years old. No more than six plants may be cultivated in a dwelling unit, as defined in this section.
“Persons with disabilities” means persons who have a medical, physical, or mental condition, disorder or disability as defined in Government Code Section 12926 or the Americans with Disabilities Act, that limits one or more major life activities.
“Planning Commission” means the Planning Commission of the City of San Carlos. “Preexisting” means in existence prior to the effective date of the ordinance codified in this title. “Principal use” means a use that fulfills a primary or predominant function of an establishment, institution, household, or other entity and occupies at least seventy percent of the gross floor area. “Project” means any proposal for a new or changed use or for new construction, alteration, or enlargement of any structure, that is subject to the provisions of this title. This term includes, but i s not limited to, any action that qualifies as a project as defined by the California Environmental Quality Act.

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“Protected tree” means any significant or heritage tree, any tree as part of a replacement requirement, an approved development permit or an approved landscaping plan. The following trees shall not be classified as protected trees regardless of size:

1. Bailey, Green or Black Acacia: A. baileyana, A. decurrens or A. melanoxylon;

2. Tree of Heaven: Ailianthus altissima;

3. Fruit trees of any kind;

4. Monterey Pine: Pinus radiata;

5. Eucalyptus genera;

6. Monocot trees including palms and palm relatives. “Pruning” means the removal of one-fourth (25%) or more than one-fourth (25%) of the crown or existing foliage of the tree or one-fourth (25%) or more than one-fourth (25%) of the root system. “Public Resources Code” means the Public Resources Code of the State of California. “Qualified applicant” means the property owner, the owner’s agent, or any person, corporation, partnership or other legal entity that has a legal or equitable title to land that is the subject of a development proposal or is the holder of an option or contract to purchase such land or otherwise has an enforceable proprietary interest in such land.

Regional Retail and Destination-Oriented Uses. Examples include regional shopping, large-scale office complexes and hotels as individual or combined uses intended to serve regional users. Commercial entertainment and recreation and eating and drinking use classifications may be considered as ancillary uses.
“Removal” means cutting to the ground, complete extraction, or killing by spraying, girdling, or any other means; or pruning not done in conformance with a permit.

Retail Establishments That Sell Ammunition or Firearms. A retail establishment selling firearms or ammunition is one that conducts a business by the selling, leasing or transferring of any firearm or ammunition, or to hold one’s self out as engaged in the business of selling, leasing or otherwise transferring any firearm or ammunition, or to sell, lease or transfer firearms or ammunition in quantity, in series, or in individual transactions, or in any other manner indicative of trade.

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“Review authority” means the body responsible for making decisions on zoning and related applications. “Right-of-way” means a strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied or occupied by a road, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer or other similar use. “Safe routes to school” means programs to create safe, convenient, and fun opportunities for children to bicycle and walk to and from schools by removing barriers such as lack of infrastructu re, unsafe infrastructure, and lack of programs that promote walking and bicycling. “Screening” refers to a wall, fence, hedge, informal planting, or berm, provided for the purpose of buffering a building or activity from neighboring areas or from the street. “Setback” means the area between a property line and a building or structure which must be kept clear or open. See also Section 18.03.040, Measuring distances, and Section 18.03.120, Determining setbacks (yards).
“Sidewalk” means a paved, surfaced, or leveled area, paralleling and usually separated from the street, used as a pedestrian walkway.
“Sight distance triangle” means a minimum area of unobstructed view that occurs at street intersections. “Significant tree” means any tree that is eleven inches (11") in diameter (or more), outside of bark, measured at fifty-four inches (54") above natural grade. The following trees shall not be classified as significant or heritage trees regardless of size:

1. Bailey, Green or Black Acacia: A. baileyana, A. decurrens or A. melanoxylon;

2. Tree of Heaven: Ailianthus altissima;

3. Fruit trees of any kind;

4. Monterey Pine: Pinus radiata;

5. Eucalyptus genera;

6. Monocot trees including palms and palm relatives. “Site” means a lot, or group of contiguous lots, that is proposed for development in accordance with the provisions of this title and is in a single ownership or under unified control.

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“Solar reflective index” means a measure of a surface’s ability to reflect solar heat, combining reflectance and emittance into one number. It is defined so that a standard black (reflectance 0.05, emittance 0.90) is zero and a standard white (reflectance 0.80, emittance 0.90) is one hundred. “Specific plan” means a plan for all or part of the area covered by the General Plan that is prepared to be consistent with and to implement the General Plan pursuant to the provisions of Government Code Section 65450 et seq.
“Sphere of influence” means a plan for the probable physical boundaries and service areas of the City as determined by the Local Agency Formation Commission pursuant to Government Code Section 56076. “State” means the State of California.
“Story” means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the upper surface of the roof above. A mezzanine with a floor area that exceeds one third of the total floor area of the floor or level below constitutes a story.
“Street” means a public or private thoroughfare which affords the principal means of access to a block and to abutting property. “Street” includes avenue, court, circle, crescent, place, way, drive, boulevard, highway, road, and any other thoroughfare, except an alley or lane as defined herein. “Street line” means the boundary between a street and a lot or parcel of land. “Structural alterations” means any physical change to or the removal of the supporting members of a structure or building, such as bearing walls, columns, beams, or girders, including the creation, enlargement, or removal of doors or windows and changes to a roof line or roof shape. “Structure” means anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.

1. “Structure, accessory” means a detached subordinate structure, used only as incidental to the main structure on the same lot.

2. “Structure, primary (structure, main)” means a structure housing the principal use of a site or functioning as the principal use.

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3. “Structure, temporary” means a structure without any foundation or footings and which is intended to be removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.
“Swimming pool” means a pool, pond, lake, or open tank capable of containing water to a depth greater than one and one-half feet at any point.
“Tandem parking” means an arrangement of parking spaces such that one or more spaces must be driven across in order to access another space or spaces.

Temporary Use-Related Definitions. The following terms are related to Section 18.23.240, Temporary uses:

1. “Garage sales” means the sale or offering for sale to the general public of over five items of personal property on a portion of a lot in a residentially zoned district, whether inside or outside any building.

2. “Outdoor sales, temporary and seasonal” means the sale or offering for sale to th e general public of merchandise outside of a permanent structure on property owned or leased by the person, firm, or corporation. These sales are of a limited duration and conducted on an occasional basis, and are secondary or incidental to the principal permitted use or structure existing on the property. “Tree protection zone (TPZ)” means the area surrounding a tree to be protected based upon tree species, age, health, soil, and proposed construction. The TPZ shall have a radius measured from the trunk equal to ten (10) times the diameter of the trunk measured at fifty-four inches (54") above grade or as otherwise specified by a project arborist and approved by the City Arborist. “Trimming” means the cutting or removal of a portion of a tree which removes less than one-fourth (25%) of the crown or existing foliage of a tree, removes less than one-fourth (25%) of the root system, and does not kill the tree.

Unit. See “dwelling unit.”
“Use” means the purpose for which land or the premises of a building, structure, or facility thereon is designed, arranged, or intended, or for which it is or may be occupied or maintained.

1. “Accessory use” means a use that is customarily associated with, and is incidental and subordinate to, the primary use and located on the same lot as the primary use and occupies not more than thirty percent of the gross floor area.

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2. “Incidental use” means a secondary use of a lot and/or building that is located on the same lot but is not customarily associated with the primary use.

3. “Primary use” means a primary, principal or dominant use established, or proposed to be established, on a lot and occupies at least seventy percent of the gross floor area of the tenant space or building.
“Use classification” means a system of classifying uses into a limited number of use types on the basis of common functional, product, or compatibility characteristics. All use types are grouped into the following categories: residential, public and semi-public, commercial, employment, and transportation, communication, and utilities. See Chapter 18.40, Use Classifications. “Use permit” means a discretionary permit, such as a minor use or conditional use permit, which may be granted by the appropriate City of San Carlos authority to provide for the accommodation of land uses with special site or design requirements, operating characteristics, or potential adverse eff ects on surroundings, which are not permitted as of right but which may be approved upon completion of a review process and, where necessary, the imposition of special conditions of approval by the permit granting authority. See Chapter 18.30, Use Permits.
“Use type” means a category which classifies similar uses based on common functional, product, or compatibility characteristics.
“Variance” means a discretionary grant of permission to depart from the specific requirements of this title that is warranted when, due to special circumstances regarding the physical characteristics of the property, the strict application of standards would deprive the property of privileges available to other property in the same zoning classification. See Chapter 18.32, Variances. “Vehicle” means any vehicle, as vehicle is defined by the California Vehicle Code, including any automobile, camper, camp trailer, trailer, trailer coach, motorcycle, house car, boat, or similar conveyance. “Vibration” means a periodic motion of the particles of an elastic body or medium in alternately opposite directions from the position of equilibrium.
“Visible” means capable of being seen (whether or not legible) by a person of normal height and visual acuity walking or driving on a public road.
“Wall” means any vertical exterior surface of building or any part thereof, including windows.

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“Yard” means an open space other than a court on a lot that is unoccupied and unobstructed from the ground upward, except as otherwise permitted by this title.

1. “Front yard” means a yard extending across the front of a lot for the full width of the lot between the side lot lines. The depth of a front yard shall be a distance specified by this title for the district in which it is located and measured inward from the front lot line.

2. “Interior side yard” means a yard extending along an interior side of a lot from the front lot line to the rear lot line, and to a depth specified by this title for the district in which it is located and measured inward from the interior side lot line.

3. “Street side yard” means a yard extending along the street side of a corner lot from the front lot line to the rear lot line, and to a depth specified by this title for the district in which it is located and measured inward from the street side lot line.

4. “Rear yard” means a yard extending across the rear of a lot for its full width between side lot lines, and to a depth specified by this title for the district in which it is located. If a lot has no rear lot line, a line ten feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, will be deemed the rear lot line for the purpose of establishing the minimum rear yard. “Zoning Administrator” means the Zoning Administrator of the City of San Carlos, or his or her designee. “Zoning district” means a specifically delineated area or district in the City within which regulations and requirements uniformly govern the use, placement, spacing, and size of land and buildings. See Section 18.01.070, Districts established. (Ord. 1580 § 3 (Exh. B), 2022; Ord. 1540 (Exh. G (part)), 2019; Ord. 1525 § 2(1) (Exh. A (part)), 2017; Ord. 1524 § 2 (Exh. A), 2017; Ord. 1518 § 3 (Exh. C (part)), 2017; Ord. 1480 (Exh. D (part)), 2015; Ord. 1464 § 3 (Exh. D (part)), 2013; Ord. 1438 § 4 (Exh. A (part)), 2011)

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EXHIBI T B

AMENDMENTS TO THE CI TY OF SAN CARLOS ZONING MAP

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INDUSTRIAL RD

INDUSTRIAL RD

HOLLY ST

BAYPORT AVE

QUARRY RD

HULL DR

SAN CARLOS AVE

CHERRY ST

LAUREL ST
ELM ST

CEDAR ST

CORDILLERAS AVE

ARROYO AVE

BRITTAN AVE

OLD COUNTY RD

EL CAMINO REAL

ALAMEDA DE LAS PULGAS

BRITTAN AVE

SAN CARLOS AVE

CLUB DR

MELENDY DR

CRESTVIEW DR

CRESTVIEW DR

PULGAS RIDGE

PALOMAR PARK

REDWOOD
CITY

BELMONT

DEVONSHIRE

BEVERLY DR

BRITTAN AVE

BAIRISLAND

SAN MATEO COUNTY
San Carlos
Proposed Zoning
--DRAFT--
A
GCI
IA
IH
IL
IP
LC
MU-D-120
MU-DC-100
MU-N-40
MU-N-50
MU-N-120
MU-NB-120
MU-SB-100
MU-SB-120
MU-SC-120
NR
OS
P
PD
PK
RM-20
RM-59
RM-100
RS-3
RS-6
Undesignated
City Limits
Sphere of Influence
December 2022
MU-SA

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CITY COUNCIL

STAFF REPORT
MEETING DATE: February 13, 2023
ITEM TITLE: Adopt a Resolution Appropriating $35,000 from the General Capital Fund 0025 (Fund 25) for the Greater East San Carlos Neighborhood Slow Street Project; Approving the Plans and Specifications; and Authorizing a Call for Bids.

RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution appropriating $35,000 from the General Capital Fund 0025 (Fund 25) for the Greater East San Carlos Neighborhood Slow Street Project (“Project”), approving the plans and specifications, and authorizing a call for bids.

FISCAL IMPLICATIONS:

The preliminary engineer’s estimate to construct the Project is approximately $30,000. With an 18% contingency, or $5,000, the Project cost is expected to be $35,000.

Staff is requesting an appropriation of $35,000 from the General Capital Fund 0025 (Fund 25) to construct the Project. There are sufficient funds available in Fund 25 to accommodate this request. The ongoing maintenance cost has not yet been determined but will be presented to the City Council at the six month anniversary date of the Project’s implementation.

BACKGROUND:

Over the last several years, the City has received several requests from the Greater East San Carlos neighborhood (“GESC”) for traffic calming to reduce speeds and cut-through traffic and increase safety.

The City has performed studies to evaluate existing conditions and potential solutions. The findings were presented to the Transportation and Circulation Commission in September 2021.

In May 2022, the City Council directed staff to expand the study area to include residents and businesses on five additional streets, conduct more public outreach, and study other cities’ solutions.

Extensive outreach was conducted throughout 2022. Staff mailed 393 postcard invitations to residents and business for four in-person and online public meetings. Subsequent to these meetings, residents of the GESC neighborhood proposed another solution: “Slow Street Improvements.” This solution offers benefits similar to a partial street closure, but allows local two- way traffic passage. It does not interfere with fire access or fire site logistics (hose pull); however,

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the Slow Street Improvements solution is not enforceable.

On December 8, 2022, an in-person workshop was held at Laureola Building to share the conceptual plans for the placement of pylons, signage, and street striping for the Project. The predominating concern was the loss of parking due to the amount of red curb areas proposed adjacent to the pylons. Staff has since revised the plans and minimized the impacts to parking as much as safely possible.

ANALYSIS:

Staff recommends that the City Council implement Slow Street measures at the eight intersections along Old County and Industrial Roads at McCue Avenue, and Cherry, Montgomery, and Hall Streets. The measure would include pylons and signage stating “local traffic only” as depicted in the attached plans. There are several benefits to this proposed solution. First, representatives from the GESC have already expressed their willingness to adopt this measure as a suitable alternative to partial or complete street closures. Second, evidence from neighboring Redwood City streets suggests that this solution is inexpensive, quickly implementable as it will not require warrant studies, and effective. Third, discussions with third party service providers and local safety officials have confirmed that there will be no significant logistical or safety issues presented by the pylons as they may be driven over by fire trucks if necessary. Finally, this solution will help address three primary goals gleaned from the public engagement meetings: (1) limit cut-through traffic, (2) decrease speed, and (3) increase safety.

Staff notes that although there are similarities with the Redwood City soft closures, there are also significant differences. Redwood City has implemented the soft closures on several of their streets in various parts of the city. These streets are not in a grid system concentrated in one neighborhood such as what is being proposed in the GESC neighborhood. Redwood City has experienced damage to the pylons from turning vehicles even on streets that are 40 feet or wider.

The GESC neighborhood’s streets are 30 feet wide curb to curb, so the proposed red curbs will help to minimize potential damage to parked vehicles next to the pylons.

It is staff’s intent to measure the effectiveness of these measures in one year. During the community engagement meetings, participants expressed their concerns about the findings of W- Trans’ cut-through analysis. While W-Trans’ consultant explained the sound methodology of the study which used pre-pandemic cell phone data, they also clarified that the study did not collect cut-through traffic that zigzagged through the GESC. For example, a vehicle that cut to Industrial from Old County Road would be counted. However, a vehicle that cut from Old County Road to Cherry Street, then up Bayport Avenue to Montgomery Street and out to Industrial (or “zigzagged”) would not be counted. W-Trans has since worked with staff to identify an alternative traffic count methodology which was accepted by the neighbors. The effectiveness of the soft closures will be measured after one year.

ALTERNATIVES:

Options available to the City Council include:

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1. Adopt a Resolution appropriating $35,000 from the General Capital Fund 0025 (Fund 25) for the Greater East San Carlos Neighborhood Slow Street Project (“Project”), approving the plans and specifications, and authorizing a call for bids; or

2. Do not adopt the Resolution; or

3. Provide staff with alternative direction.

Respectfully submitted by:

Steven Machida, Public Works Director
Approved for submission by:
_______________________
Jeff Maltbie, City Manager
ATTACHMENT(S):

1. Resolution

2. GESC Slow Street Project Plans

3. GESC Slow Street Project Specs

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RESOLUTION NO. 2023 – ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CARLOS APPROPRIATING $35,000 FROM THE GENERAL CAPITAL FUND 0025 (FUND 25) FOR THE GREATER EAST SAN CARLOS NEIGHBORHOOD SLOW STREET PROJECT; APPROVING THE PLANS AND SPECIFICATIONS; AND AUTHORIZING A CALL FOR BIDS.

WHEREAS, in 2022, the City Council directed staff to expand the study area for a neighborhood traffic calming study for the Greater East San Carlos neighborhood (“GESC”); and WHEREAS, in 2022, the GESC proposed the Greater East San Carlos Slow Street Project (“Project”) in accordance with guidance provided by City policies, lessons learned from other jurisdictions, practices published by the transportation industry, and community input regarding traffic concerns; and
WHEREAS, staff recommends that the City Council implement Slow Street measures at the eight intersections along Old County and Industrial Roads at McCue Avenue, and Cherry, Montgomery, and Hall Streets; and
WHEREAS, staff is requesting an appropriation of $35,000 from the General Capital Fund 0025 (Fund 25) to construct the Project; and
WHEREAS, staff intends to measure the effectiveness of these measures after one year; and WHEREAS, staff retained Advanced Mobility Group to prepare the plans, estimates and specifications documents.

NOW, THEREFORE BE IT RESOLVED , that the San Carlos City Council hereby appropriates $35,000 from the General Capital Fund 0025 (Fund 25) for the Greater East San Carlos Neighborhood Slow Street Project, approves the plans and specifications, and authorizes a call for bids.
* * * * *
I, City Clerk Crystal Mui, hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the City Council of the City of San Carlos at a scheduled meeting thereof held on the 13th day of February 2023, by the following vote:

AYES, COUNCILMEMBERS: ______________________________________________ NOES, COUNCILMEMBERS: ______________________________________________ ABSENT, COUNCILMEMBERS: ______________________________________________ ________________________________
CITY CLERK of the City of San Carlos
APPROVED:
___________________________
MAYOR of the City of San Carlos

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CITY OF SAN CARLOS

DEPARTMENT OF PUBLIC WORKS

ENGINEERING DIVISION

SAN CARLOS NEIGHBORHOOD SLOW STREET

TITLE SHEET AND PROJECT LOCATION
N

ADVANCED MOBILITY GROUP
3003 OAK ROAD, SUITE 100
WALNUT CREEK, CA 94597

DESIGNED
NO. REVISION BY APP.

BENCHMARK
DRAWN

CHECKED
C. HIGBEE
C. HIGBEE
J. BHATTACHARYA
DATE
SCALE
1/30/2023
N/A
SHEET 1 OF 3
DWG. T-1
FINAL

NEIGHBORHOOD SLOW STREET IMPROVEMENTS

CITY OF SAN CARLOS, CALIFORNIA

INDEX OF SHEETS
DWG. SHEET NO. DESCRIPTION
T-1 1 TITLE SHEET AND PROJECT LOCATION
S-1 2 MCCUE AVE AND MONTGOMERY ST AREA IMPROVEMENTS
S-2 3 CHERRY ST AND HALL ST AREA IMPROVEMENTS

AREA MAP

PROJECT LOCATIONS
SHEET S-1
SHEET S-2

PROJECT AREA

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CLEAR
KEEP

CITY OF SAN CARLOS

DEPARTMENT OF PUBLIC WORKS

ENGINEERING DIVISION

SAN CARLOS NEIGHBORHOOD SLOW STREET

MCCUE AVE AND MONTGOMERY ST AREA IMPROVEMENTS
N

MCCUE AVE

E SAN CARLOS AVE

MONTGOMERY ST

ADVANCED MOBILITY GROUP
3003 OAK ROAD, SUITE 100
WALNUT CREEK, CA 94597

DESIGNED
DRAWN

CHECKED
C. HIGBEE
C. HIGBEE
J. BHATTACHARYA
DATE
SCALE
1/30/2023
1" = 40'
NO. REVISION BY APP.

BENCHMARK
SHEET 2 OF 3
DWG. S-1
FINAL

OLD COUNTY RD

INDUSTRIAL RD

BAYPORT AVE

RESTRIPE EXISTING

CROSSWALK

RESTRIPE EXISTING

CROSSWALK

RESTRIPE EXISTING

CROSSWALK

RESTRIPE EXISTING CROSSWALKS

PER DETAIL B, THIS SHEET

INSTALL KEEP CLEAR MARKING AT

E SAN CARLOS AVE & MCCUE AVE

INSTALL FLEX-POSTS FOR SOFT

CLOSURE PER DETAIL A, THIS SHEET

INSTALL FLEX-POSTS FOR SOFT

CLOSURE PER DETAIL A, THIS SHEET

INSTALL FLEX-POSTS FOR SOFT

CLOSURE PER DETAIL A, THIS SHEET
24" WIDE
WHITE
STRIPE
12" WIDE WHITE STRIPE
4'
DETAIL B: HIGH VISIBILITY CROSSWALK MARKING
INSTALL 30' RED CURB PAINT
INSTALL 5' RED CURB PAINT
INSTALL 30' RED CURB PAINT
DETAIL A: SOFT CLOSURE BARRICADE (TYPICAL APPLICATION)
LOCAL

TRAFFIC
ONLY
LOCAL

TRAFFIC
ONLY

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CITY OF SAN CARLOS

DEPARTMENT OF PUBLIC WORKS

ENGINEERING DIVISION

SAN CARLOS NEIGHBORHOOD SLOW STREET

CHERRY STREET AND HALL STREET AREA IMPROVEMENTS
N

CHERRY ST

HALL ST

ADVANCED MOBILITY GROUP
3003 OAK ROAD, SUITE 100
WALNUT CREEK, CA 94597

DESIGNED
NO. REVISION BY APP.

BENCHMARK
DRAWN

CHECKED
C. HIGBEE
C. HIGBEE
J. BHATTACHARYA
DATE
SCALE
1/30/2023
1" = 40'
SHEET 3 OF 3
DWG. S-2
FINAL

OLD COUNTY RD

RESTRIPE EXISTING

CROSSWALKINSTALL FLEX-POSTS FOR SOFT

CLOSURE PER DETAIL A, THIS SHEET

INSTALL FLEX-POSTS FOR SOFT

CLOSURE PER DETAIL A, THIS SHEET

INSTALL FLEX-POSTS FOR SOFT

CLOSURE PER DETAIL A, THIS SHEET

INSTALL FLEX-POSTS FOR SOFT

CLOSURE PER DETAIL A, THIS SHEET

RESTRIPE EXISTING

CROSSWALK

RESTRIPE EXISTING

CROSSWALK

INDUSTRIAL RD
DETAIL A: SOFT CLOSURE BARRICADE (TYPICAL APPLICATION)
LOCAL

TRAFFIC
ONLY
LOCAL

TRAFFIC
ONLY

BAYPORT AVE

RESTRIPE EXISTING

CROSSWALK
INSTALL 5' RED

CURB PAINT
INSTALL 10' RED CURB PAINT
INSTALL 20' RED CURB PAINT
INSTALL 40' RED CURB PAINT
INSTALL 20' RED CURB PAINT

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CITY OF SAN CARLOS

SAN MATEO COUNTY, CALIFORNIA

Public Works Department
600 Elm Street
San Carlos, CA 94070

Contract Documents
For the

Neighborhood Slow Streets Project

CITY PROJECT NO:

BID OPENING:

BIDS DUE:

BID SET

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Neighborhood Slow Streets Project

City Project No.

DESIGN CERTIFICATION

The Plans and Technical Specifications contained herein have been prepared by, or under the responsible charge of, the following registered person(s):

Prepared by:

_______________________________________________________ ____ CHRIS K.S. HIGBEE, P.E. SENIOR PROJECT ENGINEER Date Advanced Mobility Group (AMG)
3003 Oak Road, Suite 100, Walnut Creek, Ca. 94597
(925) 393-2291

Approved for Construction:

___________________________________________________________ GRACE LE, P.E., CITY ENGINEER Date
Public Works Department
Cit
y of San Carlos
600 Elm Street, San Carlos, CA 94070
(650) 802-4201

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v

TABLE OF CONTENTS

A. INTRODUCTORY PAGES
Title Page No.

Cover Page i
Design Certification
Table of Contents
iii
v
Notice Inviting Sealed Proposals viii
Instructions to Bidders x
Schedule of Required Bid Documents and Agreement Forms xii

B. BID PROPOSAL

Bid Proposal Cover Page P-1
Bid Proposal Table of Contents P-2
Bid Proposal P-3
Bidding Requirements P-4
Bid Schedule P-6
Designation of Subcontractors P-8
Department of Industrial Relations Registration Requirement P-8 Certifications and Affidavits
Non-Collusion Affidavit P-9
Bidder’s Qualifications P-10
Bidder’s References P-11
Signature Pages P-12
Bidder’s Bond P-14

C. AGREEMENT AND AGREEMENT FORMS

Agreement and Agreement Forms Table of Contents A-1
Public Project Agreement A-2
Exhibit A – Contractor’s Bid Proposal A-12
Exhibit B – Insurance Coverage Form A-13
Resolution of Construction Claims A-14
Agreement Forms
Payment Bond A-16
Performance Bond A-18
Workers Compensation Certification A-20
Certification of Safety Requirements for Contractors and Vendors A-21 Drug-Free Workplace Certification A-22
Escrow Agreement for Security Deposits in Lieu of Retention (Optional) A-23 Guarantee A-25

D. GENERAL PROVISIONS

Section 1 Terms and Definitions GP-1
Section 2 Proposal Requirements and Conditions GP-6
Section 3 Review of Bids, Contract Award and Execution GP-9 Section 4 Scope and Control of the Work GP-14
Section 5 Changes of Work GP-21
Section 6 Control of Materials GP-25
Section 7 Utilities GP-28
Section 8 Prosecution and Progress GP-31
Section 9 Responsibilities of the Contractor GP-40
Section 10 Measurement and Payment GP-56
Section 11 Guarantee GP-62

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E. SPECIAL PROVISIONS

Section 1 Description of Work SP-4
Section 2 Location SP-4
Section 3 Qualification of Bidders SP-4
Section 4 Day and Hours of Operation SP-4
Section 5 Control of Work SP-5
Section 6 Licenses and Permits SP-5
Section 7 Safety and Health Regulations SP-5
Section 8 Safety of Persons and Property SP-6
Section 9 Staging / Construction Area SP-7
Section 10 Contractor’s Plant and Equipment SP-7
Section 11 Traffic Control SP-7
Section 12 Stormwater Pollution Prevention SP-10
Section 13 Water SP-11
Section 14 Power SP-11
Section 15 Dust Control SP-11
Section 16 Cleanup SP-11
Section 17 Clearing and Grubbing SP-12
Section 18 Protection and Restoration of Existing Improvements SP-12 Section 19 Existing Utilities SP-13
Section 20 Utility Coordination SP-14
Section 21 Obstructions SP-14
Section 22 Not Used SP-15
Section 23 Not Used SP-15
Section 24 Protection of Public Safety SP-15
Section 25 Not Used SP-15
Section 26 Not Used SP-15
Section 27 Notification of Residents and Merchants SP-15 Section 28 Owner / Contractor Meetings SP-16
Section 29 Record Drawings SP-16
Section 30 Construction Schedule SP-16
Section 31 Daily Work Reports SP-16
Section 32 Submittals SP-16

F. BID ITEM DESCRIPTIONS

G. T

ECHNICAL PROVISIONS

Section 1 Traffic Stripes and Pavement Markings TP-4
Section 2 Red Curb Paint TP-5
Section 3 Custom Traffic Sign TP-6
Section 4 Flex-Post Delineator TP-7

H. APPENDICES

Appendix A Daily Work Report
Appendix B City Standard Details

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CITY OF SAN CARLOS

SAN MATEO COUNTY, CALIFORNIA

NOTICE INVITING SEALED PROPOSALS

NOTICE IS HEREBY GIVEN that sealed proposals or bids will be publicly opened, examined and announced on DATE TBD at the hour of 2:00 p.m. by the City Clerk of the City of San Carlos through a ZOOM video conference for the "Neighborhood Slow Streets Project, City Project No. ”. Sealed bid proposals shall be received in hand by the City Clerk before 12:00 p.m. on DATE TBD, which is different from the ZOOM bid opening time. Note – City Hall is closed to the public every Wednesday and Friday. No Pre-Bid meeting has been scheduled for this project.

A Class A, Contractor’s License is required for this work. Work will be done and payments will be made in accordance with provisions more particularly described in the plans and specifications adopted by the San Carlos City Council on July 12, 2021 and on file in the office of the City Clerk.

T
he scope of work generally includes the replacement of sanitary sewer laterals by way of pipe- bursting and traditional open trench. Bids are required for the entire work described herein in accordance with the instructions to bidders. The Engineer’s Estimate is between $25,000 and $31,000.

Bids must be accompanied by a Proposal guarantee amounting to ten (10%) percent of the bid as described in the specifications. Said guarantee shall be forfeited to the City in case the bidder depositing the same does not, within fifteen days after written notice that the contract has been awarded to the Contractor (1) enter into a contract with the City and (2) furnish Performance and Payment Bonds as described in the specifications.

The City Council reserves the privilege of rejecting any and all proposals or to waive any irregularities or informalities in any proposals or in the bidding. No bidder may withdraw their proposal for a period of ninety (90) calendar days after the date set for opening of proposals.

As a “Public Works” project and pursuant to Section 1773 of the Labor Code, the general prevailing wage rates for San Mateo County shall apply to this contract, as determined by the Director of the California Department of Industrial Relations.

Plans and specifications, forms of proposals, bonds and contracts may be inspected or obtained from ARC
Document Solutions at 829 Cherry Lane , San Carlos, CA 94070, (650) 631- 2310; email at sancarlos@e- arc.com; or visit the City of San Carlos Website at www.cityofsancarlos.org . B idders must register with ARC Document Solutions to obtain further information.

B
idders are directed to the Instructions for Bidders for additional contract requirements.

Dated: _ ____________________ /s/ CRYSTAL MUI
City Clerk
_____________________

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CITY OF SAN CARLOS

SAN MATEO COUNTY, CALIFORNIA

INSTRUCTIONS TO BIDDERS

1. P roposal Requirements: Bidder's attention is directed to the General Provisions of these Specifications for the requirements and conditions which must be adhered to in the preparation of the proposal form and submission of this proposal.

2. R eceipt of Bids and Bid Opening: Proposals shall be received at the office of the City Clerk, 600 Elm Street, San Carlos, CA 94070, not later than the bid deadline described in the Notice Inviting Sealed Proposals. Proposals shall be submitted in a sealed envelope, plainly marked on the outside “Neighborhood Slow Streets Project, City Project No. ”.

All sealed bid proposals will be opened at 2:00 p.m. on DATE TBD via video conference using ZOOM. The following login can be used to take part in the bid opening:

• URL:

• Meeting ID:

To participate via audio only, call into the meeting by dialing (xxx) xxx-xxxx and entering the Meeting ID indicated above.

S
ealed bids and proposal forms will be examined and declared on the same day by the City Clerk.

3. Ti me of Completion and Liquidated Damages: All work shall be diligently prosecuted to completion before the expiration of Fourteen (14) Calendar Days from the date of receipt of the “Notice to Proceed”. If the Contractor fails to complete the work within the above- specified time limit, the Contractor shall pay liquidated damages to the City, computed at the rate of Five Hundred Dollars ($500) for each calendar day beyond the specified time limit until the project is completed.

4. B id Security: Pursuant to California Public Contract Code Section 20170, each proposal shall be accompanied by a bid security in the form of cash, cashier’s or certified check, or bidder’s bond made payable to the “City of San Carlos” for an amount equal to at least ten percent (10%) of the Bid Amount and no bid shall be considered unless such security is enclosed therewith.

5. B id Guarantee: No bid shall be withdrawn except as provided for pursuant to Public Contract Code Section 5103, and the bidder shall guarantee the Total Bid Price for a period of ninety (90) calendar days from the date of the bid opening.

6. C ontractor’s License: Bidders are to be licensed in accordance with the provisions of the “Contractor’s License Law,” Chapter 9 of Division 3 of the State Business and Professions Code. In addition, at the time of submitting the bid, bidder must have the following classification of contractor’s license: Class A, Contractor’s License.

7. A dditional Registration and Licensing Requirements: In accordance with Labor Code Section 1725.5, Contractor and all Subcontractors shall be registered with the California Department of Industrial Relations (DIR) as a condition of being listed on the proposal form. All 2nd and lower tier subcontractors working on the project shall be registered with

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x
the Department of Industrial Relations prior to the work being performed. Contractor and all Subcontractors shall also obtain a City business license prior to the work being performed.

8. P r evailing Wage: The work contemplated by this contract is a “public work” subject to prevailing wages under California Labor Code Section 1770 et. seq. The successful bidder will be required to pay not less than the prevailing rate of per diem wages as determined by the California Department of Industrial Relations or Federal Minimum Wage Rates as determined by the United States Secretary of Labor in effect on the date the work is performed.

9. B
onds and Insurance: All contractors are required to furnish to the City faithful performance, labor and materials, and 2-year warranty bonds and insurance, as required in the specifications.

10. S ec urity Substitution: Pursuant to California Public Contract Code Section 22300, and at the request and expense of the Contractor to whom the Contract is awarded, securities of a value equivalent to the retention amount, in a form approved by the City, shall be permitted in substitution for money withheld by the City to ensure performance under the Contract.

11. P re-B
id Conference: No pre-bid conference has been scheduled for this project.

12. R eques ts for Clarification and Project Communication: In the event the bidder has any questions as to the meaning of any part of the plans and specifications, or if the bidder finds any error, inconsistency, or ambiguity in the Contract Documents, the bidder shall make a written request for clarification prior to submitting its bid. All questions and comments regarding the plans and specifications should be directed to the Project Manager indicated below and will only be responded to if received in writing at least five (5) working days before the bid opening. Questions received after this time and date may not be addressed.

Cit
y of San Carlos – Public Works Department
600 Elm Street, San Carlos, CA 94070
Attention: Hanieh Houshmandi, Sr. Traffic Engineer
[email protected]
Telephone: (650) 802-4349
Fax: (650) 595-6704

13. These “Instructions to Bidders” are hereby made a part of the Contract Documents.

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SCHEDULE OF REQUIRED

BID DOCUMENTS AND AGREEMENT FORMS

Submit with Bid Proposal - The following documents must be completed, signed and submitted as part of the Bid Proposal, prior to the bid opening:

Completed Bid Proposal consisting of:

A. Bid Schedule
B. Designation of Subcontractors
C. Certifications and Affidavits:

1. Non-Collusion Affidavit

2. Bidder’s Qualifications

3. Bidder’s References

4. Bidder’s Personnel
D. Signature Pages
E. Bid Guarantee (Bid Bond attached)
F. Addendum, if any (not attached) – signature page to be signed and submitted by bidder.

Submit Prior to Notice to Proceed -The following documents must be completed, signed and submitted after approval and award of the Contract, prior to the Notice to Proceed:

A
. Agreement
B. Payment Bond
C. Performance Bond
D. Insurance Endorsements

1. General Liability

2. Automobile Liability

3. Worker’s Compensation
E. Certifications

1. Workers Compensation

2. Safety Requirements for Contractors and Vendors

3. Drug-Free Workplace

Submit Prior to Final Acceptance - The following documents must be completed, signed and submitted prior to final acceptance:

A
. Guarantee
B. Stop Notice Releases, if any (form not included)
C. Record Drawings

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Bid Proposal Neighborhood Slow Streets Project
Page P-1 Project No.

CITY OF SAN CARLOS

PUBLIC WORKS DEPARTMENT
600 Elm Street
San Carlos, CA 94070

BID PROPOSAL

FOR:

Neighborhood Slow Streets Project
City Project No.

IN

CITY OF SAN CARLOS, COUNTY OF SAN MATEO

STATE OF CALIFORNIA

NOTE: All portions of all pages included within this section, and acknowledgement of receipt of any issued addenda must be properly completed, signed, and submitted with the bid. Failure to do so may result in the bid being deemed non-responsive by the City.

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Bid Proposal Neighborhood Slow Streets Project
Page P-2 Project No.

BID PROPOSAL

TABLE OF CONTENTS

Bid Proposal Cover Page .................................................................................... P-1 Bid Proposal Table of Contents .......................................................................... P-2

BID PROPOSAL PAGES TO BE SUBMITTED WITH BID:

Bid Proposal ....................................................................................................... P-3 Bidding Requirements ........................................................................................ P-4 Bid Schedule ...................................................................................................... P-6 Designation of Subcontractors ............................................................................ P-8 Department of Industrial Relations Registration Requirement ............................. P-8 Certifications and Affidavits
Non-Collusion Affidavit ................................................................................. P-9 Bidder’s Qualifications .................................................................................. P- 10 Bidder’s References ...................................................................................... P- 11 Signature Pages ................................................................................................. P- 12 Bid Bond ............................................................................................................ P- 14

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Bid Proposal Neighborhood Slow Streets Project
Page P-3 Project No.

BID PROPOSAL

Neighborhood Slow Streets Project
CITY PROJECT NO.

Bid To: Honorable Mayor and City Council
City of San Carlos, City Hall
San Carlos, CA 94070

Bid From:

B idder’s Company Name:

Contact Person:

Business Street Address:

City, State, Zip Code:

Phone No.:
( )

E-m ail: __ __________________

Contractor License No.:

Contractor License Expiration Date: ____

Dear Mayor and Members of the City Council:

I, as bidder, declare that I have satisfied myself as to the actual conditions and requirements of the work by careful examination of the location of the proposed work, by examination of the plans and specifications including the Instructions to Bidders, and by other measures, and that after submission of the bid, I will not dispute, complain or assert that there was any misunderstanding in regards to the nature or amount of work to be done.

I hereby certify that only those parties interested in this proposal as principals are named in this proposal and that this bid is genuine, and not sham, collusion, or made in the interest or in behalf of any person not named. I have not directly or indirectly induced or solicited any other bidder, person, firm or corporation to put in a sham bid, or refrain from bidding, and have not in any manner sought by collusion to secure for myself an advantage over any other bidder.

I agree that if this proposal is accepted, I will contract with the City of San Carlos in the form of agreement proposed, will provide all bonds and insurance certificates as required by the agreement and will furnish all equipment and materials and perform all the labor required to complete the work in accordance with the plans, specifications and other contract documents, for the unit or lump sum prices set forth in the Bid Schedule.

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Bid Proposal Neighborhood Slow Streets Project
Page P-4 Project No.

I have carefully checked all of the figures in the Bid Schedule and understand that the City shall not be responsible for any errors or omissions on my part in making up this bid. I agree that this bid may not be withdrawn for a period of ninety (90) calendar days from the date of the bid opening and that the City reserves the right to reject any or all bids, waive any informality in bids received, and may at its option make the award that in the judgment of the City is to the best interest of the City.

BIDDING REQUIREMENTS

The work to be done and referred to here is in the City of San Carlos, County of San Mateo, State of California, and shall be constructed in accordance with all provisions of the project specifications and project plans including: any addenda; the Instructions to Bidders, the Agreement; the Standard Specifications and Standard Plans of the California Department of Transportation, current edition; the Labor Surcharge and Equipment Rental Rates; and payment of not less than the higher of the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations or Federal minimum wage rate as predetermined by the United States Secretary of Labor in effect on the date the work is performed.

For each of the various contract items of work designated on the Bid Schedule, the bidder shall set forth a unit or lump sum price which the bidder shall then use to calculate and designate a total cost for each item of work based upon the designated estimate of the quantities of work to be done, all in clearly legible figures in the respective spaces of the Bid Schedule provided for this purpose.

The bidder shall include in the unit or lump sum prices paid for the various contract items of work full compensation for conforming to the requirements of the Contract Documents and for completing all of the work required. No additional compensation shall be granted for any additional items unless categorized and approved as extra work under the ter ms of the agreement.

The estimate of construction quantities set forth in the Bid Schedule is approximate only, being given only as a basis for the comparison of bids, and the City does not expressly or by implication agree that the actual amount of work will correspond with those estimated quantities. The City reserves the right to increase the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or expedient by the Engineer. There shall be no claim for damage or loss of anticipated profit for any bid item omitted in its entirety, and payment will only be made on the basis of actual quantities of work performed.

If the City accepts this proposal and the bidder fails to enter into the contract and/or fails to furnish bonds as required by the specifications with sureties satisfactory to the City within ten (10) calendar days after the bidder has received notice from the City that the contract has been awarded, the City may, at its option, determine that the bidder has breached and abandoned the contract, and thereupon, the bid security accompanying this proposal shall be forfeited and become the property of the City.

The Notice to Proceed will not be issued until after the contract has been fully executed. The contractor shall commence the work under the contract within ten (10) days following the date of the Notice to Proceed, or as otherwise specified in the project specifications or negotiated with the City, and shall diligently prosecute the project to completion within the time specified. The contract completion period is inclusive of the time needed for material delivery.

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Bid Proposal Neighborhood Slow Streets Project
Page P-5 Project No.

Bidder shall comply with the requirements of the California Labor Code, including sections 1770 et seq., and pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Copies of such prevailing rate of per diem wages are on file at the office of the City Engineer, which copies shall be made available to any interested party upon request. The Contractor shall post a copy of such determination at the job site.

As required by Section 6705 of the California Labor Code and in addition thereto, for any excavation of any trench or trenches five feet (5’) or more in depth, the Contractor shall submit to the Engineer for acceptance, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. Structural calculations prepared, stamped and signed by a Registered Engineer licensed to practice in the State of California shall accompany the plan to verify the structural safety and adequacy of the sheeting, shoring and bracing to be used on the project. No such plan shall allow any shoring, sloping or a protection system less effective than that required by the Construction Safety Orders of the State Division of Occupational Safety and Health.

In accordance with the provisions of Section 1860 of the Labor Code, prior to performing work on the Contract, each Contractor to whom a public works contract is awarded shall sign and file with the City the Worker’s Compensation Certification included in the “Agreement and Agreement Forms” section of these specifications.

Bidder’s attention is directed to Section 2 of the General Provisions for additional information and requirements pertaining to the submission of a bid, and which is incorporated here by reference.

Bidder’s attention is directed to Section 2.13, “Required Contractor and Subcontractor Registration,” of the General Provision. All contractors shall register with the Department of Industrial Relations according to Labor Code Section 1725.5.

Any protest of the proposed contract award must be submitted in writing to the City no later than 5:00 p.m. on the fifth business day following the date of the bid opening. Bidder is directed to the “Bid Protest Procedure” Section of the General Provisions for additional information.

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Bid Proposal Neighborhood Slow Streets Project
Page P-6 Project No.

BID SCHEDULE

Bids are to be submitted for the entire work. All applicable sales taxes, state and/or federal, and any other special taxes, patent rights or royalties are included in the prices quoted in the bid.

In the case of a discrepancy between the product of the “Estimated Quantity” and the “Unit Price” with the “Item Total”, the product of the “Estimated Quantity” and the “Unit Price” shall prevail and the figure shown as the “Item Total” shall be adjusted accordingly, except as provided in cases involving (a) or (b) below:

(a) If the amount set forth as a unit price is unreadable or otherwise unclear, or is omitted, or is the same as the amount entered in the item total column, then the amount set forth in the item total column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price;

(b) (Decimal Errors) If the product of the entered unit price and the estimated quantity is exactly off by a factor of ten, one hundred, etc., or one-tenth, or one-hundredth, etc. from the item t otal, the discrepancy will be resolved by using the entered unit price or item total, whichever most closely approximates percentage- wise the unit price or item total in the Engineer’s Estimate.

If both the unit price and the item total are unreadable or otherwise unclear, or are omitted, the bid may be deemed irregular. Likewise if the item total for a lump sum item is unreadable or otherwise unclear, or is omitted, the bid may be deemed irregular unless the project being bid has only a single item and a clear, readable total bid is provided.

In the case of a discrepancy between the sum of the figures in the item total column (adjusted per the previous paragraphs, if necessary) and the amount set forth as the total base bid amount, the sum of the figures in the item total column shall prevail and the amount shown as the total base bid amount shall be adjusted accordingly.

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Page P-7 Project No.

BASE BID ITEMS ARE AS FOLLOWS:

Neighborhood Slow Streets Project

CITY PROJECT NO.

Item
No.

Item
Description
Estimated
Quantity

Unit
Unit
Price
Item
Total
1 Mobilization & Demobilization 1 LS $ $
2 Traffic Control System 1 LS $ $
3 Furnish and Install Thermoplastic
Pavement Marking 51 SF $ $
4 Furnish and Install 12” White
Thermoplastic Striping 675 LF $ $
5 Furnish and Install 24” White
Thermoplastic High-Visibility
Ladder Marking
216 LF $ $
6 Furnish and Install Red Curb
Paint 165 LF $ $

7 Furnish and Install Custom
Traffic Sign 7 EA $ $
8 Furnish and Install Flex-Post
Delineator 28 EA $
$

Total Base Bid Amount: $___________________

Notes:

1. The Contract will be compared and awarded on the basis of the Total Base Bid Amount.

2. All items on the Base Bid Schedule must be bid. Partial bids will not be accepted.

3. The City reserves the right to reject all bids for any reason whatsoever.

4. Issuance of the “Notice to Proceed” will constitute the beginning of the Contract.

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DESIGNATION OF SUBCONTRACTORS

The Contractor shall perform work equaling at least 30 percent of the value of the original total bid with the Contractor’s own employees and equipment, owned or rented, with or without operators.

In accordance with the Subletting and Subcontracting Fair Practices Act, Public Contract Code sections 4100 et seq. (the “Subcontracting Act”), the Bidder hereby certifies and submits, as required by law, the following concerning subcontractors:

1. The portion of the work, which will be done by each such subcontractor; and

2. The name and location of the place of business of each subcontractor who will perform work or labor, fabricate a portion of the work or improvement according to detailed drawings in the project plans, or render service to the Contractor in or about the construction of the work in an amount in excess of one-half of one percent (0.5%) of the Contractor’s total bid.

Portion of Work to be
Performed by Subcontractor

Subcontractor Name,
Address and License Number
(License No. Required under AB 44)
Registered
with DIR?
 check if yes

1. 2.

3. 4.

5. 6.

7. (For additional Subcontractors, attach copies of this sheet as necessary) NOTE: T HIS CERTIFICATE MUST BE COMPLETED AND RETURNED ALONG WITH THE CONTRACTOR’S BID PROPOSAL.

 DEPARTMENT OF INDUSTRIAL RELATIONS REGISTRATION REQUIREMENT In accordance with Labor Code Section 1725.5, all contractors and subcontractors listed on a public works bid proposal must be registered with the DIR.

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Page P-9 Project No.

NON-COLLUSION AFFIDAVIT
Title 23 United States Code Section 112 and
Public Contract Code Section 7106

State of California )
) ss.

County of _______________ )

( name of person signing affidavit), being first duly
sworn, deposes and says under penalty of perjury under the laws of the State of California, that he/she/they have the right, power, legal capacity, and authority to execute this Affidavit as (sole owner, partner, president, secretary, etc) of
(legal name of Bidder), the Bidder,
that the Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that the Bidder has not directly or indirectly induced or solicited any other Bidder to put in any false or sham Bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham Bid, or that anyone shall refrain from Bidding; that the Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other Bidder, or to secure any advantage against the public body awarding the Contract or anyone interested in the proposed Contract; that all statements contained in the Bid are true; and, further, that the Bidder has not, directly or indirectly, submitted his Bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, Bid depository, or to any member or agent thereof to effectuate a collusive or sham Bid.

I
N WITNESS WHEREOF, the undersigned, as bidder, represent and warrant that they have the right, power, legal capacity, and authority to enter into and execute this document on behalf of the Bidder, and have executed this document by setting hereto their names, titles and signature.

(Signature of Representative of Bidder)

Subscribed and sworn to before me, a Notary Public in and for the State of California,

County of _____________________, this ______ day of _________________, 20____.

Signature of Notary Public:________________________

My Commission expires __________________, 20_____ (Seal)

NOTE: T HIS AFFIDAVIT MUST BE COMPLETED AND RETURNED AS PART OF THE CONTRACTOR’S BID PROPOSAL.

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BIDDER’S QUALIFICATIONS

The following statements as to the financial qualifications and experience of the Bidder are submitted as a part of this Bid and the Bidder guarantees the truthfulness and accuracy of the information. Pursuant to Public Contract Code 10165, financial statements and experience questionnaires are not public records and are not open to public inspection.

Financial Data
Reference is hereby made to the following bank or banks as to the financial responsibility of the bidder.

NAME OF BANK A DDRESS

Experience Data
The Bidder has been engaged in the contracting business, under the present business name for ________ years. Experience in work of a nature similar to that covered in this Bid extends over a period of __________ years.

The Bidder as a Contractor has never failed to satisfactorily complete an awarded contract from a governmental entity, except as follows: (Name all exceptions and reasons therefore):

Bi dder’s Personnel
The following is a list of key personnel including an listing of the person’s knowledge, ability or trade along with a brief description of their experience. If Bidder is awarded the Contract, it is understood that the work will be directed and actively supervised by one of these persons.

Li st of Personnel Knowledge/Skills Experience

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Page P-11 Project No.

BIDDER’S REFERENCE

List three (3) major projects which the Bidder has performed comparable work within the last three (3) years. Provide a contact person and description of the project, or other such information that will demonstrate the ability to vigorously prosecute the work.

1. PROJECT NAME LOCATION YEAR COMPLETED

AGENCY CONTACT PERSON TELEPHONE NO. FINAL CONSTRUCTION COST

BRIEF DESCRIPTION OF THE WORK AND/OR MANNER OF EXECUTION

2. PROJECT NAME LOCATION YEAR COMPLETED

AGENCY CONTACT PERSON TELEPHONE NO. FINAL CONSTRUCTION COST

BRIEF DESCRIPTION OF THE WORK AND/OR MANNER OF EXECUTION

3. PROJECT NAME LOCATION YEAR COMPLETED

AGENCY CONTACT PERSON TELEPHONE NO. FINAL CONSTRUCTION COST

BRIEF DESCRIPTION OF THE WORK AND/OR MANNER OF EXECUTION

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SIGNATURE PAGES

The terms and conditions of the final contract when executed shall control and supersede anything herein to the contrary or inconsistent with such contract.

The bidder has inspected the site of the propose work in order to satisfy the bidder, by personal examination, or by such other means as the bidder prefers, of the location of the proposed work and as to the actual conditions of and at the work site. The bidder hereby offers to furnish all labor, materials, equipment, transportation, and services necessary to complete the work on this project in accordance with the Contract Documents and to complete all requirements of the Contract Documents for the sums quoted in this Bid.

Addenda:
(if any) bidder has received and examined all addenda issued during the bid period and agrees that all addenda shall be made a part of the Contract Documents. The bidder acknowledges receipt and incorporation of all impacts resulting from all addenda issued by inserting the number of each addendum below OR by signing and submitting with the bid proposal the signature page from each addendum.

Addendum Nos. _____, _____, _____, _____, _____, _____, _____, _____

Bidder’s Guarantee:

In accordance with Public Contract Code Section 20170, accompanying this Bid is _______________ (insert the word “Cash”, “Cashier’s Check”, “Certified Check” or “Bidder’s Bond” as the case may be) made payable to the City of San Carlos in the amount of ___________________________________________________($_______________) equal to at least ten percent (10%) of the total amount of this bid. This amount is given as a guarantee that, in case the undersigned defaults in executing a contract and/or furnishing the necessary bonds after contract award, the said guarantee and the money payable thereon shall become and remain the property of the City as liquidated damages.

Company Profile:

The names of all persons interested in the foregoing bid as principals are as follows:
(Note: If bidder or other interested person is a corporation, state the legal name of corporation, also names of the president, secretary, treasurer and manager thereof; if partnership, state true name of firm, also names of all individual partners composing firm; if bidder or other interested person is an individual, state first and last name in full).

Firm Name:

Business Address:

Names and Titles of Company Officers:

1. 2.

3. 4.

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Proposal Execution:

IN WITNESS WHEREOF, the undersigned, as bidder, represent and warrant that they have the right, power, legal capacity and authority to enter into and execute this document on behalf of the Bidder, and have executed this document by setting hereto their names, titles, and signatures. The representations made herein, including but not limited to the above contractor’s license, expiration date and name of bidder, are true and correct, shall be complied with and are made under penalty of perjury.

IF SOLE OWNER, sign here:

I sign as sole owner of the business named above.___________________________

Social Security Number:_________________________________________________

Employer Identification Number:___________________________________________

IF PARTNERSHIP, sign here:

The undersigned certify that we are partners in the business named above and that we sign this contract proposal with full authority to do so. (one or more partners sign)

______________________________________________________________________

______________________________________________________________________

Federal Tax Identification No. (EIN):_________________________________________

State Tax Identification No.:_______________________________________________

IF CORPORATION, execute here:

The undersigned certify that they sign this contract proposal with full and proper authorization to do so.

Corporate name _________________________________________________________

By_____________________________________ (Title) _________________________

By_____________________________________ (Title) _________________________

Incorporated under the laws of the State of ___________________________________

Federal Tax Identification No. (EIN):_________________________________________

State Tax Identification No.:_______________________________________________

Subscribed and sworn to before me, a Notary Public in and for the State of California,

County of _____________________, this ______ day of _________________, 20____.

Signature of Notary Public:________________________

My Commission expires __________________, 20_____ (Seal)

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BIDDER’S BOND

To Accompany Contract Proposal
KNOW ALL PERSONS BY THESE PRESENTS:

That we, the undersigned _________________________________________, as principal and

__________________________________, as surety, are held and firmly bound unto the City of San Carlos as OWNER in the penal sum of TEN PERCENT (10%) of the total amount of the bid of the principal, for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns.

The condition of the above obligation is such that whereas the Principal has submitted to OWNER a c
ertain BID attached hereto and hereby made a part hereof to enter into a contract in writing, for the Neighborhood Slow Streets Project, City Project No. .

NOW, THEREFORE
(a) If said BID shall be rejected, or
(b) If said BID shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said BIDS including all required bonds for faithful performance and labor and material, as well as all required evidence of insurance) then this obligation shall be void, otherwise the same shall remain in force and effect.

In the event the City brings suit upon this Bond, surety shall pay reasonable attorney’s fees and costs incurred by the City in such suit.

The Surety, for value received, stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the City of San Carlos may accept such BID; and said Surety does hereby waive notice of any such extension.

IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, this day and year first set forth.

By:
(L.S.) By:
(Principal) (Seal) (Surety) (Seal)

Subscribed and sworn to before me, a Notary Public in and for the State of California, County of

_____________________, this ______ day of _________________, 20____.

Signature of Notary Public:________________________ (Seal)

My Commission expires __________________, 20_____

IMPORTANT: Surety companies executing BONDS must be authorized to transact Surety insurance in the State of California. If Contractor is Partnership, all partners should execute BOND.

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This Page Intentionally Left Blank

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Agreement Neighborhood Slow Streets Project
Page A-1 Project No.

AGREEMENT AND AGREEMENT FORMS

TABLE OF CONTENTS

Public Project Agreement ......................................................................................... A-2 Exhibit A: Contractor’s Bid Proposal ....................................................................... A-12 Exhibit B: Insurance Coverage ................................................................................ A-13 Resolution of Construction Claims ............................................................................ A-14 Agreement Forms
Payment Bond .............................................................................................. A-16 Performance Bond ........................................................................................ A-18 Workers Compensation Certification ............................................................ A- 20 Certification of Safety Requirements for Contractors and Vendors ................ A-21 Drug Free Workplace Certification ................................................................ A-22 Escrow Agreement for Security Deposits in Lieu of Retention (Optional) ...... A-23 Guarantee ..................................................................................................... A-25

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AGREEMENT FOR PUBLIC PROJECTS

This Agreement is made and entered into as of __________________ by and between the City of San Carlos hereinafter called "CITY" and ____________________ hereinafter called "CONTRACTOR.”

RE
CITALS

This Agreement is entered into with reference to the following facts and circumstances:

A. That CITY desires to engage CONTRACTOR to provide a product and/or services to the CITY;

B. That CONTRACTOR is qualified to provide the product and/or services to the CITY and;

THEREFORE, the CITY has elected to engage CONTRACTOR upon the terms and conditions as hereinafter set forth.

1. Services. The services to be performed by CONTRACTOR under this Agreement are described in Exhibit A, the CONTRACTOR’S bid proposal which is, by this reference, incorporated herein and made a part hereof as though it were fully set forth herein.

P
erformance of the services specified in said Exhibit is hereby made an obligation of CONTRACTOR under this Agreement, subject to any changes that may be made subsequently hereto upon the mutual written agreement of the said parties.

Where in conflict, the terms of this Agreement supersede and prevail over any
terms set forth in Exhibit A.

2. T erm; Termination. (a) The term of this Agreement shall commence upon the date hereinabove written and shall expire upon the date enumerated in Exhibit A, delivery of the product or completion of performance of services hereunder by CONTRACTOR, whichever date shall first occur. (b) Notwithstanding the provisions of (a) above, CITY may terminate this Agreement without cause by giving written notice not less than thirty (30) days prior to the effective date of termination, which date shall be included in said notice. CITY shall compensate CONTRACTOR for any product delivered and/or for services rendered, and reimburse CONTRACTOR for costs and expenses incurred, to the date of termination, calculated in accordance with the provisions of paragraph 3. In ascertaining the services actually rendered to the date of termination, consideration shall be given both to completed work and work in process of completion. Nothing herein

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Page A-3 Project No.

contained shall be deemed a limitation upon the right of CITY to terminate this Agreement for cause, or otherwise to exercise such rights or pursue such remedies as may accrue to CITY hereunder.

3. C ompensation; Expenses; Payment. CITY shall compensate CONTRACTOR for all products supplied or services performed by CONTRACTOR hereunder as shown in Exhibit A attached hereto and by this reference incorporated herein.

Notwithstanding the foregoing, the combined total of compensation and r
eimbursement of costs payable hereunder shall not exceed the sum of __________________$_________, as provided in the approved bid documents or in this Agreement unless additional amounts have been authorized in the acceptance of the bid and approved in advance of supplying the product, performing the services or incurring the costs and expenses by CITY’s City Manager (for contracts less than $175,000 or authorized by City Council action for contracts $175,000 or more by motion duly made and carried).

Compensation and reimbursement of costs and expenses hereunder shall be p
ayable upon CONTRACTOR meeting contract milestones as defined in Exhibit A. Billing shall include an itemized statement, briefly describing by task and labor category or cost/expense items billed.

4. Contractor affirms that its employees and contractors comply with California Prevailing Wage Law.

5. A dditional Services. In the event the public project requires the delivery of additional products or performance of additional services not otherwise included within Exhibit A, such products or services must be authorized in advance by CITY’s City Manager (for contracts less than $175,000 or authorized by City Council action for contracts $175,000 or more. Such amendment to this Agreement shall include a description of the project or services to be performed thereunder, the maximum compensation and reimbursement of costs and expenses payable therefore, the time of performance thereof, and such other matters as the parties deem appropriate. Any additional services causing the total contract price to exceed $175,000, shall require approval by the City Council. Except to the extent modified by written amendment, all other terms and conditions of this Agreement shall be deemed incorporated in each such amendment.

6. R
ecords . CONTRACTOR shall keep and maintain accurate records of products delivered or of all time expended in performing services and costs and expenses incurred relating thereto. Said records shall be available to CITY for review and copying during regular business hours at

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CONTRACTOR’s place of business or as otherwise agreed upon by the parties.

7. A uthorization. This Agreement becomes effective when endorsed by both parties in the space provided below.

8. Re liance on Specialized Professional Skill of CONTRACTOR.

CONTRACTOR represents that it has the necessary prof essional skills to perform the services required and the CITY shall rely on such specialized skills of the CONTRACTOR to do and perform the work. In performing services hereunder CONTRACTOR shall adhere to the standards generally prevailing for the performance of services similar to those to be performed by CONTRACTOR hereunder.

9. D
ocuments . All documents, plans, drawings, renderings, and other papers, or copies thereof, as finally rendered, prepared by CONTRACTOR pursuant to the terms of this Agreement, shall, upon preparation and delivery to CITY, become the property of CITY

10. R
elationship of Parties. It is understood that the relationship of CONTRACTOR to the CITY is that of an independent contractor and all persons working for or under the direction of CONTRACTOR are its agents or employees and not agents or employees of the CITY.

11. S
chedule. CONTRACTOR shall adhere to the schedule set forth in Exhibit A; provided, that CITY shall grant reasonable extensions of time for the delivery of products or performance of services occasioned by governmental reviews of CONTRACTOR’s work product or other unavoidable delays; provided, further, that such unavoidable delay shall not include strikes, lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, CONTRACTOR’s officers or employees.

C
ONTRACTOR acknowledges the importance to CITY of timely delivery of products or services and agrees to put forth its best professional efforts to perform in a manner consistent with that schedule.

12. I
ndemnity . CONTRACTOR shall indemnify and hold harmless City, its officers, employees, agents and volunteers from and against all liability, loss, damage, expense, and cost (including, without limitation, reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR’s negligence, recklessness, or willful misconduct in the performance of work hereunder, or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage caused by the active negligence or willful misconduct of the City. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and

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Page A-5 Project No.

inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

Nothing herein contained shall be construed to require CONTRACTOR to indemnify CITY, its officers, employees, agents and volunteers against any responsibility or liability in contravention of Section 2782 of the California Civil Code.

13. I
nsurance. CONTRACTOR shall acquire and maintain Workers’ Compensation, employer’s liability, commercial general liability, owned and non-owned and hired automobile liability insurance coverage relating to CONTRACTOR’s services to be performed hereunder covering CITY’s risks in form subject to the approval of the City Attorney and/or CITY’s Risk Manager. The minimum amounts of coverage corresponding to the aforesaid categories of insurance per insurable event shall be as follows:

Insurance Category
Minimum Limits

Workers’ Compensation statutory minimum

Employer’s Liability $1,000,000 per accident for bodily injury or disease. Contractor shall
submit to City a Waiver of
Subrogation endorsement in favor
of City, its officers, agents,
employees, and volunteers.

Commercial General Liability $2,000,000 per occurrence for Liability bodily injury,
personal injury, and property
damage, including without
limitation, blanket contractual
liability and coverage for
explosion, collapse and
underground property damage
hazards. If a general aggregate
limit applies, either the general
aggregate limit shall apply
separately to this project/location
or the general aggregate limit shall
be twice the requir ed occurrence
limit. Coverage must be at least as
broad as Insurance Services
Office form CG 00 01.

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Automobile Liability $2,000,000 per accident for bodily injury and property damage
(coverage required to the extent
applicable to CONTRACTOR’s
vehicle usage in performing
services hereunder)

Concurrently with the execution of this Agreement, CONTRACTOR shall furnish CITY with certificates and copies of information or declaration pages of the insurance required hereunder and, with respect to evidence of commercial general liability and automobile liability insurance coverage, original endorsements:

(a) Precluding cancellation or reduction in per occurrence limits before the expiration of thirty (30) days (10 days for nonpayment) after CITY shall have received written notification of cancellation in coverage or reduction in per occurrence limits by first class mail;

(b) Contractor’s general liability policies shall be primary and non- contributory, and be endorsed using Insurance Services Office form CG 20 10 to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies . An endorsement providing completed operations coverage for the additional insured, ISO form CG 20 37, is also required.

Claims Made Policies
If any of the required policies provide claims-made coverage:

1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the CONTRACTOR must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

Verification of Coverage
CONTRACTOR shall furnish the CITY with original certificates and amendatory endorsements effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the CITY before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the CONTRACTOR’s obligation to provide them. The CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

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Waiver of Subrogation
CONTRACTOR hereby grants to CITY a waiver of any right to subrogation which any insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance. This provision applies regardless of whether or not the CITY has requested or received a waiver of subrogation endorsement from the insurer.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

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

Coverage
It is a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater.

CONTRACTOR shall maintain insurance as required by this contract to the fullest amount allowed by law and shall maintain insurance for a minimum of five years following completion of the project. In the event contractor fails to obtain or maintain completed operations coverage as required by this agreement, the city at its sole discretion may purchase the coverage required and the cost shall be paid by CONTRACTOR.

Primary and Non-Contributory Coverage
The Additional Insured coverage under the CONTRACTOR’s policy shall be “primary and non-contributory” as will not seek contribution from the CITY insurance or self-insurance and shall be at least as broad as CG 20 01 04 12.

Excess Insurance
The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of CITY before the CITY insurance or self-insurance shall be called upon to protect it as a named insured.

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14. SUBCONTRACTORS. CONTRACTOR agrees to include with all subcontractors in their subcontracts the same requirements and provisions of this agreement including the indemnity and Insurance requirements to the extent they apply to the scope of the Subcontractors’ work.

Subcontractors hired by CONTRACTOR agree to be bound to CONTRACTOR and CITY in the same manner and to the same extent as CONTRACTOR is bound to CITY under the Contract docu ments.

Subcontractor shall agree to include these same provisions in any agreement with a sub- subcontractor. CONTRACTOR shall require all subcontractors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and will provide proof of compliance to the CITY.

S
ubcontractor shall agree to be bound to CONTRACTOR and CITY in the same manner and to the same extent as CONTRACTOR is bound to CITY under the Contract Documents. Subcontractor shall further agree to include the same requirements and provisions of this agreement, including the indemnity and Insurance requirements, with a Sub- subcontractor to the extent they apply to the scope of the Sub- subcontractors’ work. A copy of the CITY Contract Document Indemnity and Insurance provisions shall be furnished to the subcontractor upon request.

15. W
ORKERS' COMPENSATION. CONTRACTOR acknowledges and
certifies awareness of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers' compensation or to undertake self -insurance in accordance with the provisions of that Code, and CONTRACTOR certifies and agrees to compliance with such provisions before commencing the performance of the work of this agreement.

16. NO
N- DISCRIMINATION. The CONTRACTOR hereby assures that it will comply with Subchapter VI of the Civil Rights Act of 1964, 42 USC Section 2000 (e)(17), to the end that CONTRACTOR will not exclude any person from participation in, be denied the benefits of, or be otherwise subject to discrimination from any project, program, or activity supported by this Agreement, based on the grounds of race, color, national origin, sex, disability, age, or religion,. CONT RACTOR shall comply with its EEO Certification (Form PW-7). In addition, CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed and the employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, advancement, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The

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CONTRACTOR shall at all times be in compliance with the requirements of the Federal Americans With Disabilities Act (Public Law 101- 336) which prohibits discrimination on the basis of disability by public entities. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause.

17. No
tice . All notices required by this Agreement shall be given to the CITY and CONTRACTOR in writing, by first class mail, postage prepaid, addressed as follows:

CI
TY: City of San Carlos
600 Elm Street
San Carlos, CA 94070
Attention: City Manager

CONTRACTOR: _____________________
Address
Phone
Attention: ______________

18. No
n -Assignment. This Agreement is not assignable either in whole or in part.

19. A mendments . This Agreement may be amended or modified only by written agreement signed by both parties.

20. B
usiness Registration. CONTRACTOR agrees to comply with Chapter

5.04 of the Municipal Code and pay all fees required to be paid.

21. V alidity . The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

22. G overning Law. This Agreement shall be governed by the laws of the State of California and any suit or action initiated by either party shall be brought in the County of San Mateo, California. In the event of litigation between the parties hereto to enforce any provision of the Agreement, the unsuccessful party will pay the reasonable attorney’s fees and expenses of litigation of the successful party.

23. M
ediation . Should any dispute arise out of this Agreement, the parties shall meet in mediation and attempt to reach a resolution with the assistance of a mutually acceptable mediator. Neither party shall be permitted to file legal action without first meeting in mediation and making a good faith attempt to reach a mediated resolution. The costs of the mediator, if any, shall be paid equally by the parties. If a mediated settlement is reached neither party

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shall be deemed the prevailing party for purposes of the settlement and each party shall bear its own legal costs. If a party refuses or fails to participate in mediation in good faith prior to filing a lawsuit, then that party shall be barred from recovery of attorneys fees and costs of suit.

24. C
onflict of Interest. CONTRACTOR may serve other clients, but none who are active within the City of San Carlos or who conduct business that would place CONTRACTOR in a "conflict of interest" as that term is defined in State law.

25. E
ntire Agreement . Each party acknowledges that this agreement, the exhibits hereto, and the documents incorporated by reference herein constitute the complete agreement and exclusive statement of the terms and conditions between the parties, which supersedes and merges all prior proposals, understandings and all other agreements, verbal and written, between the parties relating to the subject matter of this agreement. This agreement may not be modified or altered except by written instrument duly executed by both parties.

[
SIGNATURE PAGE TO FOLLOW]

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SIGNATURE PAGE

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first above written by their respective officers duly authorized in that behalf.

CITY OF SAN CARLOS:

Dated:

Jeff Maltbie, City Manager
ATTEST:

Dated:

Crystal Mui, City Clerk
APPROVED AS TO FORM:

Dated:

Gregory J. Rubens, City Attorney

CONSULTANT/CONTRACTOR/VENDOR:

I acknowledge that I have full authority to execute this agreement on behalf of the Consultant/Contractor/Vendor, and have read, understand, and agree to comply with the provisions of this Agreement, including the Insurance and indemnity requirements set forth herein.

Dated:

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EXHIBIT A

CONTRACTOR’S BID PROPOSAL

[To be attached]

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EXHIBIT B
This INSURANCE COVERAGE FORM modifies or documents insurance provided under the following:

Named Insured: Effective Work Date(s):

Description of Work/Locations/Vehicles:

ADDITIONAL INSURED: City of San Carlos
600 Elm Street, San Carlos, CA 94070
Attention: _________________________________
Contract Administrator
Endorsement and Certificates of Insurance Required
The Ad ditional Insured, its elected or appointed officers, officials, employees and volunteers are included as insureds with regard to damages and defense of claims arising from: (Check all that apply) Insurer Policy No.

General Liability: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, (c) premises owned, leased occupied or used by the Named Insured, and/or (d) permits issued for operations performed by the Named Insured. {Note:

MEETS OR EXCEEDS ISO Form # CG 20 10 11 85}

Auto Liability : the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Named Insured, regardless of whether liability is attributable to the Named Insured or a combination of the Named Insured and the Additional Insured, its elected or appointed officers, officials, employees or volunteers.

Other:

Certificates of Insurance Required (no endorsement needed) (Check all that apply)
Insurer Policy No.

Workers Compensation : work performed by employees of the Named Insured while those employees are engaged in work under the simultaneous directions and control of the Named Insured and the Additional Insured.

Professional Liability:

PRIMARY/NON-CONTRIBUTORY: This insurance is primary and is not additional to or contributing with any other insurance carried by or for the benefit of Additional Insureds.

SEVERABILITY OF INTEREST: The i nsurance afforded by this policy applies separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respect to the insurer’s limit of liability.

PROVISIONS REGARDING THE INSURED'S DUTIES AFTER ACCIDENT OR LOSS: Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Additional Insured, its elected or appointed officers, officials, employees, or volunteers.

CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice (ten (10) days if canceled due to non-payment) by regular mail return receipt requested has been given to the Additional Insured. Such notice shall be addressed as shown above.

WAIVER OF SUBROGATION: Th e insurer(s) named above agree to waive all rights of subrogation against the CITY/Public Works Departmentt, its elected or appointed officers, officials, agents, volunteers and employees for losses paid under the terms of this policy which arise from work performed by the Named Insured for the CITY/Public Works Department.

Nothing herein contained shall vary, alter or extend any provision or condition of the Policy other than as above stated.

SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I, _______________________________________________________________(print/type name), warrant that I have authority to bind the above-named insurance company and by my signature hereon do so bind this company.

________________________________________________________________ _____________________ SIGNATURE OF AUTHORIZED REPRESENTATIVE (original signature required) DATE ISSUED

ORGANIZATION:_________________________________________ TITLE:______________________________

ADDRESS: _______ ______________________________________ TELEPHONE: ( ) _ ______

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RESOLUTION OF CONSTRUCTION CLAIMS

Any public works claims arising under this contract which the Contractor wishes to assert against the Governing Agency shall be governed by California Public Contract Code Section 9204. Claims which do not exceed three hundred seventy-five thousand dollars ($375,000) are also subject to the provisions of Article 1.5 of the California Public Contract Code (commencing with Section 20104). Pursuant to California Public Contracts Code Section 9204, claims shall be resolved as follows:
(d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision.

(B) The claimant shall furnish reasonable documentation to support the claim.

(C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45- day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion.

(D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.

(2) (A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a cl aim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute.

(B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.

If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.

(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.

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(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.

(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant.

(4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.

(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on their own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.

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

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

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PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS, that

W HEREAS, The City of San Carlos (hereinafter referred to as “Owner”) and ( hereinafter referred to as “Principal”) have entered into a contract for the construction of Neighborhood Slow Streets Project, City Project No. and

WHEREAS, under the terms of said contract Principal is required to furnish a bond securing payment of the claims to which reference is made in Section 3248 of the Civil Code;

NO W, THEREFORE, we, the Principal, and
, as Surety, are held and firmly bound unto the “Owner” in the penal sum of /l00 Dollars ($ )
lawful money of the United States, being not less than one hundred percent (100%) of the amount payable by the terms of the contract, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

The condition of this obligation is such that if said Principal or any of its subcontractors fails to pay any of the persons named in Section 3181 of the Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Principal or its subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor that the Surety will pay for the same, in an amount not exceeding the amount hereinabove set forth and also will pay, in case suit is brought upon this bond, a reasonable attorney’s fee, to be fixed by the court. We hereby state and confirm that we are a “California admitted insurer” as defined by the California Department of Insurance.

This bond shall inure to the benefit of any of the persons named in Section 3181 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

This bond is given to comply with Sections 3247 and 3248 of the Civil Code. The liability of the Principal and Surety hereunder is governed by the provisions of said Code, all acts amendatory thereof, and all other statutes referred to therein, including Section 3225 of the Civil Code.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed there under or the specifications accompanying the same shall in any ways affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications.

IN WITNESS WHEREOF, the above bounded parties have executed this instrument under t
heir seals this _________ day of __________________, 20 , the name and corporate seal of

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each corporate body being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

(Principal)

NOTE: By

To be signed by By
Principal and Surety
and acknowledgment
and nortarial seal
(Surety)

By

By

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PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS, that

WHEREAS, The City of San Carlos (hereinafter referred to as “Owner”) has entered into a contract with _ ___________________ (hereinafter referred to as “Principal”) for the construction of Neighborhood Slow Streets Project, City Project No. , and

WHEREAS, said Principal is required under the terms of said contract to furnish a bond of faithful performance of said Contract;

NO
W, THEREFORE, we, the Principal, and
, as Surety, are held and firmly bound unto the
“Owner” in the penal sum of _____________________________/100 Dollars($ ) lawful money of the United States, being a sum equal to the total amount payable under the contract, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounded Principal shall in all things stand to and abide by and well and truly keep and perform the covenants, conditions and agreements in the said contract and any alteration thereof made as therein provided, on the Contractor’s part to be kept and performed at the time and in the manner therein specified, and in all respects according to the Contractor’s true intent and meaning, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue.

A
s a condition precedent to satisfactory completion of the said contract, the above obligations to the amount of and-00/100 Dollars ($ ) being not less than ten percent (10%) of the total amount payable under the contract, shall hold good for a period of two (2) years after the completion and acceptance of said work, during which time if the above Principal shall fail to make full, complete and satisfactory r epair and replacement or totally protect the “Owner” from loss or damage made evident during said period of two (2) years from the date of acceptance of said work, and resulting from or caused by defective materials or faulty workmanship in the prosecution of the work done, the above obligations in the said sum of and-00/100 Dollars ($ ) shall remain in full force and virtue; otherwise the above obligation shall be void.

A
nd the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed there under of the Specifications accompanying the same shall in any ways affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the Specifications. We hereby state and confirm that we are a “California admitted insurer” as defined by the California Department of Insurance.

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In the event that the “Owner” or its successors or assigns, shall be the prevailing party in an action brought upon this bond, then, in addition to the penal sum hereinabove specified, we agree to pay to the “Owner” for its successors or assigns, a reasonable sum on account of attorney’s fees in such action, which sum shall be fixed by the court.

IN WITNESS WHEREOF, the above bounded parties have executed this instrument under t
heir seals this _________ day of __________________, 20 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to the authority of its governing body.

(Principal)

NOTE: By

To be signed by By
Principal and Surety
and acknowledgment
and nortarial seal
(Surety)

By

By

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Page A-20 Project No.

WORKERS' COMPENSATION CERTIFICATION
Labor Code Section 1861

The Bidder hereby certifies as follows:

"I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions and furnish proof of said insurance before commencing the performance of the work of this contract."

Name of Contractor

Signature of Contractor Representative

Dated: __________________________

NOTE:

T HIS CERTIFICATION MUST BE COMPLETED AND RETURNED BY THE SUCCESSFUL BIDDER PRIOR TO THE START OF CONSTRUCTION.

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CERTIFICATION OF SAFETY REQUIREMENTS FOR

CONTRACTORS AND VENDORS
California Code of Regulations, Title 8, Section 1509

To work as a contractor or vendor with the City of San Carlos, your organization is required to certify that it has an active on-the-job written Injury and Illness Prevention Program. This program is essential to make the job as accident-free as possible and to comply with Federal and State Safety Standards.

The undersigned hereby certifies that the Contractor’s organization has an active written Injury and Illness Prevention Program, as required by Cal-OSHA under California Code of Regulations, Title 8, General Industry Safety Orders, Section 3203 and/or Construction Safety Orders, Section 1509, that ensures compliance with, and enforcement of, current minimum Cal- OSHA Safety Standards, and that the Contractor’s organization has knowledge of these standards that are applicable to the job operations. This includes a program for ensuring employees have been trained to recognize hazards of their job.

The undersigned also hereby certifies that the Contractor’s organization has an active written Hazard Communication Program with evidence that all employees have been trained in safe use and handling of chemicals on the job site, and a file will be made available for review by the City of San Carlos of each Material Safety Data Sheet (MSDS) on those chemicals kept on the site.

Name of Contractor

Signature of Contractor Representative

Dated: __________________________

NOTE:

T HIS CERTIFICATION MUST BE COMPLETED AND RETURNED BY THE SUCCESSFUL BIDDER PRIOR TO THE START OF CONSTRUCTION.

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DRUG-FREE WORKPLACE CERTIFICATION

The bidder_________________________________________________________________, hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The contractor will:

1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a).

2. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b), to inform employees about all of the following:
(a) The dangers of drug abuse in the workplace,
(b) The person’s or organization’s policy of maintaining a drug-free workplace, (c) Any available counseling, rehabilitation and employee assistance programs, and (d) Penalties that may be imposed upon employees for drug abuse violations.

3. Provide as required by Government Code Section 8355(c), that every employee who works on the proposed contract or loan:
(a) Will receive a copy of the company’s drug-free policy statement, and (b) Will agree to abide by the terms of the company’s statement as a condition of employment on the contract or loan.

I, the official named below, hereby swear that I am duly authorized legally to bind the contractor to the above described certification. I am fully aware that this certification, executed on the date below, is made under penalty of perjury under the laws of the State of California.

Dated:_______________________, 20____.
________________________________
Contractor’s Signature

NOTE:

T HIS CERTIFICATION MUST BE COMPLETED AND RETURNED BY THE SUCCESSFUL BIDDER PRIOR TO THE START OF CONSTRUCTION.

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ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION (Optional) Public Contract Code Section 22300

This Escrow Agreement is made and entered into by and between _______________________________ whose address is __________________________________________________ hereinafter called "Owner,"________________________________ whose address is ______________________________
____________________hereinafter called "Contractor" and ____________________________________ whose address is __________________________________________ hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows:
(1) Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for __________________ in the amount of _______________ dated __________ (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the Owner shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within 10 days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the name of ____________________, and shall designate the Contractor as the beneficial owner.

(2) The Owner shall make progress payments to the Contractor for those funds which otherwise would be withheld
from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above.

(3) When the Owner makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until the time that the escrow created under this contract is terminated.

The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the Owner pays the Escrow Agent directly.

(4) Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of the Owner. These expenses and payment terms shall be determined by the Owner, Contractor, and Escrow Agent.

(5) The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Owner.

(6) Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from the Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor.

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(7) The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven (7) days written notice to the Escrow Agent from the owner of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner. (8) Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Esc row Account.

The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges.

(9) Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections (5) to (8), inclusive, of this agreement and the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and interest as set forth above.

(10) The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows:

On behalf of Owner: On behalf of Contractor: On behalf of Escrow Agent:

___________________________ ___________________________ _______________________________ Title Title Title

___________________________ ___________________________ _______________________________ Name Name Name

___________________________ ___________________________ _______________________________ Signature Signature Signature

___________________________ ___________________________ _______________________________ Address Address Address

At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above.

O
wner: Contractor:

______________________________ ___________________________________ Title Title

______________________________ ___________________________________ Name Name

______________________________ ___________________________________ Signature Signature

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GUARANTEE
(To Be Submitted Prior to Project Acceptance)

FOR THE
City of San Carlos
San Carlos, CA 94070

Neighborhood Slow Streets Project
City Project No.

W
e hereby guarantee that the work we have installed for the above named project has been done in accordance with the Plans and Specifications and that the work installed will fulfill the requirements of the guarantee.

We agree to repair or replace any or all of our work, together with any other adjacent work which may be displayed in so doing that may prove to be defective in its workmanship or material within a period of two (2) years from the date of acceptance of the above-named work by the City of San Carlos, without any expense whatsoever to the City of San Carlos, ordinary wear and tear and unusual abuse or neglect excepted.

Within fifteen (15) days after being notified in writing by the City of San Carlos of any defects in the work, we agree to commence and prosecute with due diligence all work necessary to fulfill the terms of this guarantee, and to complete the work within a reasonable period of time, and in the event of our failure to so comply, we collectively and separately, do hereby authorize said City of San Carlos to proceed to have such work done at our expense and we will honor and pay the cost and changes therefore upon demand.

Dated:

By:

NOTE:

T HIS CERTIFICATION MUST BE COMPLETED AND RETURNED BY THE SUCCESSFUL BIDDER PRIOR TO PROJECT ACCEPTANCE.

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GENERAL PROVISIONS

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TABLE OF CONTENTS

SECTION 1 – TERMS AND DEFINITIONS

1.01 Terms ................................................................................................................................ 1

1.02 Definitions .......................................................................................................................... 1

SECTION 2 – PROPOSAL REQUIREMENTS AND CONDITIONS

2.01 General .............................................................................................................................. 6

2.02 Proposal Forms ................................................................................................................. 6

2.03 Qualifications of Bidders .................................................................................................... 6

2.04 Rejection of Proposals Containing Alterations, Erasures, or Irregularities ........................ 6

2.05 Submission of Bids ............................................................................................................ 6

2.06 Approximate Estimate ....................................................................................................... 7

2.07 Examination of Plans, Specifications and Work Site ......................................................... 7

2.08 W ithdrawal of Proposals .................................................................................................... 7

2.09 Proposal Guarantee .......................................................................................................... 7

2.10 Disqualification of Bidders ................................................................................................. 7

2.11 Bid Protest Procedures ..................................................................................................... 7

2.12 List of Subcontractors ........................................................................................................ 8

2.13 Required Contractor and Subcontractor Registration ....................................................... 8

SECTION 3 – REVIEW OF BIDS, CONTRACT AWARD AND EXECUTION

3.01 Public Bid Opening and Initial Review ............................................................................... 9

3.02 Determination of Lowest Responsible Bidder ................................................................... 9

3.03 Notice of Award ................................................................................................................. 10

3.04 Contract Execution ............................................................................................................ 10

3.05 Status of Contractor .......................................................................................................... 10

3.06 Assignment ........................................................................................................................ 10

3.07 Recognition of Subcontractors .......................................................................................... 10

3.08 Return of Bid Security ....................................................................................................... 10

3.09 Forfeiture of Proposal Guarantee ...................................................................................... 11

3.10 Contract Bonds .................................................................................................................. 11

3.11 N
otification of Surety Companies ...................................................................................... 12

3.12 Power of Attorney .............................................................................................................. 12

3.13 Insurance Requirements ................................................................................................... 12

3.14 Special Requirements ....................................................................................................... 12

3.15 Builders Risk Insurance ..................................................................................................... 13

3.16 Certificates ........................................................................................................................ 13

3.17 Legal Address of Contractor .............................................................................................. 13

3.18 Office of Contractor at Site ................................................................................................ 13

SECTION 4 – SCOPE AND CONTROL OF THE WORK

4.01 Work to be Done ............................................................................................................... 14

4.02 Plans and Specifications ................................................................................................... 14

4.03 Reference to Standards and Codes .................................................................................. 14

4.04 Authority of the Engineer ................................................................................................... 15

4.05 Contract Documents and Precedence .............................................................................. 15

4.06 Interpretation of Specifications and Drawings ................................................................... 15

4.07 Figured Dimensions .......................................................................................................... 15

4.08 Errors or Discrepancies ..................................................................................................... 16

4.09 Drawings to be Furnished by Contractor ........................................................................... 16

4.10 Additional Drawings by City ............................................................................................... 16

4.11 Lines and Grades .............................................................................................................. 16

4.12 Record Documents ............................................................................................................ 16

4.13 Record Drawings ............................................................................................................... 16

4.14 Reuse of Documents ......................................................................................................... 17

4.15 Subsurface Data ................................................................................................................ 17

4.16 Right-of-Way ..................................................................................................................... 17

4.17 Removal of Defective and Unauthorized Work ................................................................. 17

4.18 Acceptance of Defective Work .......................................................................................... 17

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4.19 Submittals .......................................................................................................................... 17

4.20 Substitutions ...................................................................................................................... 18

4.21 Construction Staking Lines and Grades ............................................................................ 19

4.12 Inspection of the Work ....................................................................................................... 19

4.23 Testing ............................................................................................................................... 19

SECTION 5 – CHANGES IN WORK

5.01 Limited City Authority to Approve Change Orders ............................................................ 21

5.02 Contractor Liability for Unapproved Change Orders ......................................................... 21

5.03 Non-Material Change Requests by the Contractor ........................................................... 21

5.04 Effect of Extension of Time ............................................................................................... 21

5.05 Letters of Instruction .......................................................................................................... 21

5.06 Requests for Information, Inconsistencies and Changed Conditions ................................ 21

5.07 Extra and Omitted Work .................................................................................................... 22

5.08 Change Orders .................................................................................................................. 22

5.09 Disputed Work ................................................................................................................... 24

SECTION 6 – CONTROL OF MATERIALS

6.01 Materials and Workmanship .............................................................................................. 25

6.02 Protection of Work and Materials ...................................................................................... 25

6.03 Trade Names or Equals .................................................................................................... 25

6.04 Inspection of Materials by City .......................................................................................... 26

6.05 Inspection of Materials by Others ...................................................................................... 26

6.06 Tests of Materials .............................................................................................................. 26

6.07 Certification ....................................................................................................................... 26

6.08 Weighing and Metering Equipment ................................................................................... 26

6.09 Calibration of Testing Equipment ...................................................................................... 27

SECTION 7 – UTILITIES

7.01 City’s Statutory Obligation ................................................................................................. 28

7.02 Contractor’s Obligation to Identify and Protect Subsurface Infrastructure ........................ 28

7.03 Loc ation ............................................................................................................................. 28

7.04 Protection .......................................................................................................................... 29

7.05 Shut Down Notification ...................................................................................................... 29

7.06 Removal ............................................................................................................................ 29

7.07 Relocation ......................................................................................................................... 29

7.08 Delays ............................................................................................................................... 30

7.09 Cooperation ....................................................................................................................... 30

SECTION 8 – PROSECUTION AND PROGRESS

8.01 Notice to Proceed .............................................................................................................. 31

8.02 Commencement of Work ................................................................................................... 31

8.03 Subcontracting .................................................................................................................. 31

8.04 Administrative Duties ......................................................................................................... 31

8.05 Baseline Construction Schedule ....................................................................................... 31

8.06 Three-Week Look Ahead Schedule .................................................................................. 31

8.07 Construction Sequence ..................................................................................................... 32

8.08 Recording Existing Conditions .......................................................................................... 32

8.09 Preconstruction Conference .............................................................................................. 32

8.10 Progress Meeting .............................................................................................................. 32

8.11 Hours of Construction ........................................................................................................ 32

8.12 Prosecution of Work .......................................................................................................... 32

8.13 Suspension of Work .......................................................................................................... 33

8.14 Default by the Contractor and Termination of Control ....................................................... 33

8.15 Contractor’s Right to Stop Work or Terminate Contract .................................................... 34

8.16 City’s Right to Terminate Contract .................................................................................... 34

8.17 Time of Completion and Days Charged ............................................................................ 35

8.18 Liquidated Damages ......................................................................................................... 35

8.19 Delays and Extension of Time ........................................................................................... 36

8.20 Substantial Completion ..................................................................................................... 38

8.21 Project Closeout ................................................................................................................ 38

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8.22 Final Completion ............................................................................................................... 38

8.23 Final Acceptance ............................................................................................................... 39

8.24 Risk of Loss ....................................................................................................................... 39

8.25 Use of Improvements During Construction ...................................................................... 39

SECTION 9 – RESPONSIBILITIES OF THE CONTRACTOR

9.01 Contractor’s Responsibility for the Work ........................................................................... 40

9.02 Contractor’s Responsibility for Subcontracted Work ......................................................... 40

9.03 Superintendent .................................................................................................................. 40

9.04 Character of Workers ........................................................................................................ 40

9.05 Laws to be Observed ........................................................................................................ 40

9.06 Permits and Fees .............................................................................................................. 42

9.07 Coordination and Cooperation .......................................................................................... 42

9.08 Use of Premises ................................................................................................................ 43

9.09 Construction Staging and Field Office ............................................................................... 43

9.10 Site Security ...................................................................................................................... 44

9.11 Construction Water ............................................................................................................ 44

9.12 Project Site Maintenance .................................................................................................. 44

9.13 Preservation of Property .................................................................................................... 46

9.14 Protection of Buried Utilities .............................................................................................. 47

9.15 Protection of Bridges ......................................................................................................... 47

9.16 Protection of Traffic Signal Facilities ................................................................................. 47

9.17 Restoration of Adjacent and Existing Improvements ......................................................... 48

9.18 Archeological Remains ...................................................................................................... 48

9.19 Access to Private Property ................................................................................................ 48

9.20 Traffic Control and Public Convenience ............................................................................ 48

9.21 Safety ................................................................................................................................ 51

9.22 Patent Fees or Royalties ................................................................................................... 53

9.23 Advertising ......................................................................................................................... 53

9.24 A ntitrust Claims ................................................................................................................. 53

9.25 Audit and Examination of Records .................................................................................... 53

9.26 Notice of Entrance ............................................................................................................. 54

9.27 Additional and Emergency Protection ............................................................................... 54

9.28 Placing Portions of Work in Service .................................................................................. 54

9.29 Rights of Way .................................................................................................................... 54

SECTION 10 – MEASUREMENT AND PAYMENT

10.01 Measurement of Quantities for Unit Price Work ................................................................ 55

10.02 Bid Items ........................................................................................................................... 55

10.03 Bid Quantities .................................................................................................................... 55

10.04 Progress Payments ........................................................................................................... 56

10.05 Retentions ......................................................................................................................... 57

10.06 Final Payment ................................................................................................................... 58

10.07 Acceptance ........................................................................................................................ 59

10.08 Compensation for Extra Work Omitted .............................................................................. 59

10.09 Compensation to City for Extension of Time ..................................................................... 59

10.10 Claims ............................................................................................................................... 59

10.11 Time Limit on Claims ......................................................................................................... 59

10.12 City Response to Claims ................................................................................................... 60

10.13 Appeal of Engineer’s Decision .......................................................................................... 60

SECTION 11 – GUARANTEE

11.01 Contractor’s Guarantee ..................................................................................................... 61

11.02 Correction of Defective Work During the Guarantee Period ............................................. 61

* * *

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GENERAL PROVISIONS

SECTION 1 – TERMS AND DEFINITIONS

1.01 Terms – Unless otherwise stated, the words “directed, required, permitted, ordered, instructed, designated, considered necessary, prescribed, approved, acceptable, satisfactory ,” or words of like meaning, refer to actions, expressions, and prerogatives of the Engineer.

1.02 D efinitions – Except as amended or supplemented, whenever in the Contract Documents the following terms are used, the intent and meaning shall be interpreted as follows:

A greement - The written contract documents betw een the City and the Contractor covering the performance of the work.

As Shown, As Indicated, As Detailed - W here these words or words of similar import, are used, it shall be understood that reference to the drawings accompanying these specifications is made unless stated otherwise. Where "As Directed", "As Permitted", "Approved", or words of similar import, are used, it shall be understood that the direction, requirements, permission, approval, or acceptance of the Engineer is intended unless stated otherwise. As used herein, "Provide" shall be understood to mean "Provide Complete in Place" that is, "Furnish and Install”, and "Install" shall mean the installation complete in place of an item of equipment furnished by the City.

AST
M - American Society for Testing and Materials specifications.

AW
WA - American Water Works Association and its Standard Specifications.

A
ddenda - Written or graphic instruments issued prior to the opening of bids which clarify, correct or change the bidding documents or the Contract Documents.

B id - The offer or proposal of the bidder submitted on the prescribed forms setting forth the prices for the work to be performed.

Bid Forms - Includes the Bid Schedule, Designation of Subcontractors, Bidders Statement of Responsibility, Bidder’s Non- Collusion Affidavit, Bid Security, and all other information requested by the Bid Proposal Documents.

Bidder – Any individual, firm, partnership, corporation, or combination thereof submitting a bid for the work, acting directly or through a duly authorized representative. After the City awards the Contract, the term “Bidder” shall be equivalent to the term “Contractor” for the purpose of identifying the Contractor’s rights and obligations under the Contract Documents.

B
idding Documents - The Notice Inviting Sealed Proposals, Instruction to Bidders, Bid Proposal forms and Bidders Bond.

B onds - Bid, performance, labor and material, and warrant y bonds and other instruments of security.

Change Orders – A written order by the Engineer to the contractor making changes in the plans or specifications which is signed by the Contractor and City authorizing an addition, deletion or revision in the work, with possible adjustment in the contract price or the contract time, issued on or after the effective date of the Agreement. If the change involves items for which there is no contract unit price, the order shall so state and stipulate that the changes shall be performed as extra work or work omitted.

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City - The City of San Carlos acting through the City Council or any other board, body, official(s) to which or to whom the power belonging to the City Council has been properly delegated.

C ity Regulations - All written laws, rules, and policies established by the City, including those set forth in the General Plan, San Carlos Municipal Code, ordinances, resolutions, policies, procedures, and City design documents (including the Standard Specifications, design standards, and relevant Public Facility Master Plans).

Code – T he terms Government Code, Labor Code, etc ., refer to codes of the State of California.

Contract – See definition for “Agreement”.

C ontract Documents - See Agreement, Section 2.1, “List of Contract Documents and Precedence”.

C ontract Drawings or P lans - A ll drawings which may have been prepared by or in behalf of the City, as a basis for proposals, when duly signed and made a part of this contract by incorporation or reference, all drawings submitted in pursuance of the terms of this contract by the successful bidder with their proposal and by the contractor to the City and reviewed by the Engineer; and all drawings submitted by the Engineer to the contractor during the progress of the work as provided for herein.

C
ontract Price - The total amount of money for which contract is awarded and as amended.

C ontract Time - The number of days or the date stated in the contract as the duration for completing work.

C ontract Unit Price - The Contractor’s original bid for a single unit of an item of work in the proposal.

Contractor - An individual, partnership, corporation, developer, joint venture, subdivider or other legal entity entering into a contract or agreement with the City to perform the work covered by this contract, and their authorized agents or legal representatives. After the City awards the Contract, the term “Contractor” shall be equivalent to the term “Bidder” for the purpose of identifying the Contractor’s rights and obligations under the Contract Documents.

Day or Days - Unless herein otherwise expressly defined, shall mean a calendar day of twenty - four hours each.

D efective Work - Work that is unsatisfactory, faulty, omitted, incomplete, deficient, or does not conform to the requirements of the Contract Documents, directives of the Engineer, or requirements of any inspection, reference standard, test, or approval specified in the Contract Documents, or has been damaged prior to the Engineer’s recommendation of final acceptance. See General Provisions Section

6.01, “Materials and Workmanship”.

Directive – Any document, signed by the City, with instruction to the Contractor pertaining to the completion of a project objective; including, but not limited to responses to requests for information, clarifications, letters of instruction, the notice of award and the notice to proceed.

Engineer - T he Engineer duly and officially appointe d by the City to represent the City and to observe the work of construction under this contract, acting personally or through agents or assistants duly authorized by the Engineer, such agents or assistants acting within the scope of the particular duties entrusted to them.

Extra Work
- Performance or furnishing of work or material found necessary for the proper completion of the improvements, the payment of which is not covered by any item of the bid schedule and for which no means of payment, direct or indirect, has been provided in the contract.

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Final Completion - The point at which work has been completed in accordance with the contract documents, plans and specifications to the satisfaction of the Engineer and there are no items of work remaining to be completed. See General Provisions, Section 8.22, “Final Completion”.

Force Account Work – Force account work is a method of compensation utilized to pay for extra work typically needed to overcome unanticipated work , resulting from the project work s cope, necessary to complete the project work scope that cannot be well defined prior to the start of extra work. General Provision, Section 5.08 “Change Orders “ establishes the specific methods of compensation for labor, materials and equipment used to perform the force account work.

G reenbook - The Standard Specifications and Plans written and promulgated by Public Works Standards, Inc., entitled “Standard Specifications for Public Works Construction”, and “Standard Plans for Public Works Construction”, current editions.

H old Harmless - Agreement by one party to bring no claim for negligence, breach of contract, indemnity or otherwise against another party. See Agreement Section 17, “Indemnifi cation”.

Inspector - T he engineering or technical inspector(s) duly authorized or appointed by the Engineer or City, limited to the particular duties entrusted to them.

Liquidated Damages - The amount of dollars assessed for each and every calendar day r equired to complete the contract in excess of the contract time. See General Provisions, Section 8.18, “Liquidated Damages”.

Losses - Any and all losses, costs, liabilities, claims, damages, and expenses, including, without limitation, reasonable attorneys’ fees and expenses.

Manu al of Uniform Traffic Control Devices (MUTCD) or California Manual of Uniform Traffic Control Devices (CAMUTCD) – The latest edition of the California Manual of Uniform Traffic Control Devices.

Modification – Modifications to the Agreement are executed by change orders, and may only be issued after the effective date of the contract.

N
otice - Any notice allowed or required to be given by the City may be given by the Engineer.

N otice of Award – The written notice by the City to the successful Bidder stating that upon completion of required conditions the City will execute the contract.

Notice to Proceed – A written notice by the City to the Contractor authorizing the Contractor to proceed with the work and fixing the date on which the contract time will start.

Plans - The contract plans and/or supplemental drawings approved by the Engineer which show the location, character, dimensions and details of the work.

Project - The total construction of which the work performed under the Contract Documents may be the whole or a part and which may include construction by the City or by separate Contractors.

Proposal - The offer of a bidder when submitted on the proposal form, properly signed and guaranteed.

R eference Specifications - Those standards, rules, method of tests or analysis, codes, and specifications of other agencies, engineering societies, or industrial associations referred to in the Contract Documents. These refer to the current edition or amendments in effect at the time of advertising the project unless specifically referred to by edition, volume or date. Unless otherwise stated in the plans or specifications, the reference specification in effect shall be that edition which was in effect on the date of the Notice Inviting Bids.

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S hop Drawings - All drawings, diag rams, illustrations, schedules and other data which are specifically prepared by or for the Contractor to illustrate some portion of the work and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams and other information prepared by a supplier and submitted by the Contractor to illustrate material or equipment for some portion of the work. See General Provisions, Section 4.19, “Submittals”.

Special Provisions
- Any provisions which supplement or modify these standard specifications.

Specifications – The information, directions, provisions and requirements pertaining to the work, and contained herein including Special Provisions, Technical Specification, General Provisions, those administrative subsections of Caltrans’ Standard Specification that are specifically referenced in this Contract and the non- administrative sections (Section 10 through 95) of the Caltrans’ Stand ard Specification dated 2010.

S
tandard Plans - The Standard Details of the City of San Carlos, current edition, including the Parks and Streetscape Standard Plans, current edition, identifying construction standards for the various items of work indicated and/or referred to on the plans, specifications or special provisions.

Standard Specific
ations - The Standard Specifications of the City of San Carlos.

S tandard Specifications for Public Works Construction - The Standard Specifications for Public Works Construction, “Greenbook”, current edition.

State - State of California.

S tate Standard Plans - The Standard Plans of the Department of Transportation of the State of California, (Caltrans’) Standard Plans dated 2010.

State Standard Specifications - The Standard Specifications of the Department of Transportation of the State of California Caltrans’ Standard Specification dated 2010.

Subcontractor
- Any individual, firm or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the work at the site. Unless otherwise specifically provided, the term Subcontractor includes Subcontractor of any tier, suppliers, manufacturers and distributors. See Section 3.07 of the General Provisions.

S ubstantial Completion – When the work (or a specified part thereof) has progressed to the point where it is sufficiently complete and in accordance with the Contract Documents. See General Provisions, Section 8.20, “Substantial Completion”.

Superintendent – T he executive representative of the contractor responsible for the site supervision of the work at all times during progress, authorized to receive and fulfill instructions from the Engineer and to accept orders for changed and extra work.

S
urety - Any individual, firm or corporation, bound with and for the Contractor for the acceptable performance and completion of the work, and the satisfaction of all obligations incurred.

S urveyor - A land surveyor licensed in the State of California.

Unbalanced Bid - See Materially Unbalanced Bid and Mathematically Unbalanced Bid.

Work - The construction and services required by the Contract Documents as amended by contract modifications, whether completed or partially completed, including all labor, mater ials, equipment, tools, and services provided or to be provided, by the Contractor to fulfill the Contractor’s obligations. The work may constitute the whole or a part of the project

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Working Day – Any day except Saturday, Sunday, Holidays observed by the City, or days in which the Contractor is entitled to an excusable delay. Holidays observed by the City are: Thanksgiving, day after Thanksgiving, Christmas Day, New Year’s Day, Martin Luther King Jr. Day, President’s Day, Memorial Day, Independence Day, Labor Day, and Veteran’s Day. See General Provisions, Section 8.19, “Delays and Extension of Time”. In addition, at the option of the Engineer, the contractor may be required to suspend all work and activities during the City’s annual Holiday Closure in late December and early January of each year. No work shall be done during this suspension except such work as is necessary for the proper care and protection of work already performed, or except in case of an emergency, and in any case, only with prior written permission of the Engineer. This suspension of work will be at no cost to the City. Working days will not be assessed during this suspension of work.

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SECTION 2 – PROPOSAL REQUIREMENTS AND CONDITIONS

2.01 General - Bidders may obtain complete sets of the Contract Documents, including the proposal forms to be used for bidding, at the location designated in the Notice to Bidders. Bidders shall use complete sets of Contract Documents in the preparation of bids. The City makes copies of the Contract Documents available, on the above terms, for the sole purpose of obtaining Bids for the work and does not confer a license or grant permission for any other use of the Contract Documents.

2.02 P roposal Forms – The portion of the Contract Documents entitled “Bid Proposal” focuses the Bidders attention on the requirements for submitting a proposal, including the Notice to Bidders, and the Bid Proposal Forms.

Bids are required for the entire work described herein and shall be s ubmitted on the blank forms prepared by the City and provided herein. The Bid Proposal submitted to the City shall consist of the completed Bid Schedule, Designation of Subcontractors, Bidders Statement of Responsibility, Bidder’s Non-Collusion Affidavit, Bidder’s Qualifications, Bidders References, Signature of Bidder, Bid Guarant y, and all other information requested by the Bid Proposal documents.

All proposals shall type or print legibly in ink the proposed prices both in writing and in figures and shall be signed, with address included, by the bidder or the bidder's authorized representative.

Corrections must all be individually initialed by the Bidder. Bidder shall not modify or qualify the Bid Forms in any manner.

The Bid Forms shall be signed by a person or persons legally authorized to bind the Bidder to the Contract. The individuals signing each document shall warrant that they are authorized to bind the legal entity of the Bidder. Proposals made by individuals must show the individual's signature and post office address; if made by a firm or partnership and the signature of one or all of the partners must be shown. Proposals submitted by corporations must show the name and post office address of the corporation, the name of the state, under whose laws the corporation is chartered, and the signature and title of the person signing on behalf of the corporation.

2.03 Q
ualifications of Bidders - Each bidder shall be licensed as specified in the Notice to Bidders and in accordance with the provisions of Chapter 9, Division 3, of the Business and Professions Code, State of California, and shall be skilled and regularly engaged in the general class or type of work called for under this contract.

It is the intention of the City to award a contract only to a bidder who is able to furnish s
atisfactory evidence that they have the requisite experience and ability and that the bidder has sufficient capital, facilities and plant to enable them to prosecute the work successfully and promptly, and to complete it within the time set forth in the contract.

In determining the degree of responsibility to be credited to a bidder, the City will weigh any evidence indicating the bidder, or personnel guaranteed to be employed in responsible charge of the work, has satisfactorily performed other contracts of like nature and magnitude.

2.04 R
ejection of Proposals Containing Alterations, Erasures, or Irregularities - Proposals may be rejected if they show any alterations of form, additions not called for, conditional or alternative bids, incomplete bids, irregularities of any kind, or corrections and erasures without initials by the Bidder.

2.05 S
ubmission of Bids - All Bid Forms, including all documents re quired to be submitted with the Bid, shall be enclosed in a sealed opaque envelope. The envelope shall be clearly marked on its face with the Bidder’s name and address, and the notation “SEALED BID ENCLOSED, CITY OF SAN CARLOS”, with an identification of the project name and number as identified in the Notice to Bidders. If the Bid is sent by mail, the sealed envelope shall be enclosed in a separate mailing envelope. Oral, telephonic, facsimile, telegraphic, or electronically transmitted Bids are invalid and will not be accepted.

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Bids may be mailed or delivered by messenger. It is the Bidder’s responsibility alone to ensure that the Bid is received prior to the bid opening deadline at the place specified in the Notice to Bidders.

Whether or not bids are opened exactly at the time fixed in the public notice inviting bids, any bid received after that time shall be returned unopened.

2.06 A pproximate Estimate - The quantities listed in the bid schedule are approximate only, supplied as a general indication of the scope of work and to be used as a basis for comparing bids. The City does not expressly or by implication agree that the actual amount of work will correspond therewith, and reserves the right to increase or decrease the amount of any class or portion of the work, or to delete any portions of the work in their entirety, from the quantities listed on the bid schedule, as may be deemed necessary or advisable by the Engineer.

2.07 Examination of Plans, Specifications and Work Si
te - Bidder shall examine carefully the
plans, specifications, proposal and contract forms, and the physical site of the work contemplated, regardless of if a site walk or pre- bid meeting has been scheduled by the City or not. It will be assumed that the bidder has investigated and is aware of the conditions to be encountered in carrying out the proposed work, and is fully satisfied as to the scope, character, quality, quantity and requirements of the proposed work, and the submission of a bid will be an acknowledgement of that assumption.

The bidder shall receive no additional compensation for obstacles or difficulties due to surface or s
ubsurface conditions actually encountered. Where investigations of surface or subsurface conditions have been made by the City in respect to foundation or other structural design, and that information is shown in the plans, said information is included only for the convenience of bidders. The City assumes no responsibility whatsoever as to the sufficiency or accuracy of borings, or of the log of test borings or other investigations or tests, or of the interpretation thereof; there is no guarant y, warranty or representation, express or implied, that the conditions indicated thereby in fact exist or are representative of those existing throughout the work. Such information shall be used as a basis for bids at the bidder's own and sole risk; making such information available to bidders is not to be construed in any way as a waiver of the other provisions of this paragraph, and bidders must satisfy themselves through their own investigation as to the surface and subsurface conditions to be encountered at the site. By submitting a Proposal, the Bidder has certified that they have examined all items indicated in Section 2.07, "Examination of Plans, Specifications, and Site of the Work." Each proposal shall be enclosed in a sealed envelope and endorsed as specified in the Notice Invited Sealed Proposals. Bidders are warned the proposals containing irregularities of any kind, including erasures, omissions, conditions, alterations, or additional proposals may be rejected.

2.08 W
ithdrawals of Proposals - Any proposal may be withdrawn at any time prior to the time fixed in the Notice Inviting Sealed Proposals for the opening of bids, provided that a request in writing, executed by the bidder or their duly authorized representative, for the withdrawal of such bid, is filed with the City. The withdrawal will not prejudice the right of a bidder to file a new proposal.

2.09 Proposal Guaranty
- Each proposal shall be accompanied by either a certified check, cashier's check, or bidder's bond of a surety company acceptable to the City in an amount not less than ten percent (10%) of the bid amount, and shall be made payable to the City.

2.10 Disqualification of Bidders
- More than one proposal from an individual, firm or
partnership, a corporation, or an association under the same or different names will not be considered.

Reasonable grounds for believing that any bidder is interested in more than one proposal for the work will be the cause of the rejection of all proposals in which such bidder is interested. If there is a reason to believe that collusion exists among the bidders, none of the participants in such collusion will be considered. Proposals in which the prices obviously are unbalanced may be rejected.

2.11 B
id Protest Procedures – Any protest of the proposed contract award shall be submitted in writing to the City Clerk no later than 5:00 p.m. on the fifth (5 th) business day following the date of the

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bid opening. If the fifth day falls on a weekend or holiday, the last day of the protest period shall be the first working day following the fifth day.

The protest must include the name, address, and telephone number of the person representing the protesting party. In addition,

(a) The party filing the protest must have submitted a bid for the Project. A Subcontractor of a party filing a bid for the project may not submit a bid protest.

(b) The protest must contain a complete statement of the basis for the protest, and refer to the specific portion of the Contract Documents or the specific statute that forms the basis for the protest.

(c) The party filing the protest must concurrently transmit a copy of the protest to the proposed awardee.

Any bidder’s failure to fully comply with these procedures shall constitute a waiver of any right to further pursue a bid protest, including filing of a challenge of the award pursuant to the California Public Contract Code, filing of a claim pursuant to the California Government Code, or filing of any other legal proceedings.

The City shall review all timely protests prior to the award of contract. The City shall not be required to hold an administrative hearing to consider any protests, but may do so at its option. The City Council or the City Manager as designee if the authority to award the contract has already been granted by the City Council, may either reject the protest and award the project to the lowest responsible bidder or accept the protest and award the project to the next lowest responsible bidder. Nothing in this section shall be construed as a waiver of the City Council’s right to reject all bids.

2.1 2 List of Subcontractors - In accordance with the provisions of Section 4104 of the Public Contract Code, each proposal shall list the name, address and license number of each subcontractor to whom the bidder proposes to sublet portions of the work. A subcontractor is defined as one who contracts with the contractor to furnish materials and labor, or labor only, for performance of work .

Subcontractors shall be listed on the form provided in the Bid Proposal.

2.13 Required Contractor and Subcontractor Registration - In accordance with Labor Code
Section 1725.5 and 1771.1, the contractor and all subcontractors shall be registered with the California Department of Industrial Relations (DIR) prior to the bid opening. All 2nd and lower tier subcontractors working on the project shall be registered with the Department of Industrial Relations prior to the work being performed. An inadvertent error in listing a subcontractor who is not registered may not be grounds for considering the bid non- responsive providing that any of the provision in Labor Code Section 1771.1(c) are satisfied.

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SECTION 3: REVIEW OF BIDS, CONTRACT AWARD AND EXECUTION

3.01 Public Bid Opening and Initial Review - Bids which have been submitted in accordance with the requirements of the Bidding Documents, and which are received on or before the bid deadline will be opened publicly, and the dollar amounts of each bid shall be read aloud.

T
he City shall have the right to reject all bids. The City shall have the right to reject any bid not accompanied by the required bid security or any other item required by the Bidding Documents, or a bid which is in any other way incomplete or irregular. The City shall have the right to waive irregularities in a bid, and to award the Contract to the Lowest Responsible Bidder (as determined by the City), only if the irregularities are non-material and inconsequential.

3.02 D
etermination of Lowest Responsible Bidder - Criteria for determining low bid in all contracts with the City involving an expenditure of $5,000.00 or more shall be determined as the “Lowest Monetary Bidder” on the basis of the Engineer’s approximate estimate of the quantities of work to be done as set forth in the Bid Schedule, in accordance with the calculation criteria set forth on the bid.

A
fter the Lowest Monetary Bidder has been determined, the Engineer shall review that Bidder’s bid in order to determine whether or not that Bidder is the “Lowest Responsible Bidder.” The term Lowest Responsible Bidder shall mean the Lowest Monetary Bidder whose bid is responsive, and who is responsible to perform the work, as required by the Contract Documents.

The term “responsive” is defined by California law, but generally means that the bid has been prepared and submitted in accordance with the Bidding Requirements. The term “responsible” is defined by California law, but generally means that the Bidder is able to demonstrate that it possesses: (1) the capacity to perform the work required by the Contract Documents with respect to financial strength, resources available, and experience; and (2) the integrity and trustworthiness to complete performance of the work in accordance with the Contract Documents.

The City will make its determination of responsibility based upon information submitted by Bidders contained in the Bidders Qualifications and Bidders References included in the Bid Forms and, if necessary, through interviews with previous cities, clients, design professionals, or subcontractors with whom the Bidder has worked. In determining whether or not a Bidder is responsible, the City may consider the following factors in relation to the work to be performed for this Project:

(a) D emonstrated financial strength including, but not limited to, resources available, bonding capacity, and available insurance.
(b) Demonstrated safety record including, but not limited to, Experience Modification Rate. (c) Successful completion of projects of similar scope and size. In reviewing this factor, the City may consider elements including, but not limited to, contract amount of completed projects, experience on public works projects, experience implementing prevailing wage certified payroll requirements, timeliness of performance and, if necessary, evaluation of the Bidder’s work by previous cities, clients, design professionals, or subcontractors. (d) Sufficiency of contract administration and construction management systems including, but not limited to, proposed scheduling tools, proposed subcontract forms, proposed progress payment applications, and proposed certification of payroll documents. (e) H istory of claims, litigation, termination or disqualification from projects.

If the Engineer finds that the Lowest Monetary Bidder submitted a responsive Bid and that the Bidder is responsible, then that Bidder shall be deemed the apparent “Lowest Responsible Bidder,” and the Engineer shall report the findings to the City Council.

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If the Engineer finds that the Lowest Monetary Bidder’s bid is not responsive, or that the Lowest Monetary Bidder is not responsible, then the Engineer may review the responsiveness and responsibility of the next Lowest Monetary Bidder. If the Engineer finds that the next Lowest Monetary Bidder is responsive and responsible, then that next lowest Bidder shall be deemed the apparent “Lowest Responsible Bidder,” and Engineer shall report its findings as recommendations to the City Council. This process may continue until the Engineer finds the Lowest Monetary Bidder which is also responsive and responsible.

In the event that one or more Low Monetary Bidders are found by the Engineer to be non- responsive or non-responsible, those Bidders will be given notice and a reasonable opportunity to present additional relevant evidence to the Engineer for consideration, within five (5) working days after the Bidder receives the notice.

All findings by the Engineer shall be reported as recommendations to the City Council. The City Council reserves the right to reject any or all Bids, and to waive any irregularity. No Bid shall be binding upon the City until after the Agreement is signed by both the Contractor and the City. If the City Council determines that it is in the City’s best interest to award the Agreement, a Notice of Award shall be sent to the Lowest Responsible Bidder as determined by the City Council. The City Council’s decision shall be final.

The City may investigate the responsibility and qualifications of all Bidders to whom the award is contemplated for a period not to exceed ninety (90) calendar days after the Bid opening, during which time no bid shall be withdrawn by the Bidders. The ninety (90) day review period may be extended upon the written request by the Engineer and written approval by the affected Bidder.

3.03 N
otice of Award – Should the City decide to proceed with the award of contrac t the City shall issue a Notice of Award to the lowest responsible bidder.

3.04 Contract Execution - W ithin fifteen (15) calendar days after receipt of the Notice of Award, the bidder shall submit to the City two (2) originals of the signed agreement, the required contract bonds and certificates of insurance. If the bidder fails or refuses to enter into a contract to do the work, then the proposal guaranty accompanying the bid shall be forfeited to the City. After the Bidder has properly submitted these documents, the City will execute the Agreement and issue a Notice to Proceed.

3.05 Status of Contractor
- The right of general supervision by the City shall not make the contractor an agent of the City, and the liability of the contractor for all damages to persons or to public or private property arising from the contractor's execution of the work shall not be lessened because of such general supervision.

3.06 A
ssignment - No agreement or portion thereof maybe assigned without consent of the Council, except that the Contractor may assign money due which will accrue to them under the Agreement. If given written notice, such assignment will be recognized by the City to the extent permitted by law, but any assignment of money shall be subject to all proper setoffs and withholdings in favor of the City and to all deductions provided for in the Agreement. All money withheld, whether assigned or not, shall be subject to being used by the City for completion of the work, should the Contractor be in default.

A
ny attempt to assign or delegate the Agreement without the written consent of the City shall be void and of no force and effect. Consent by the City to one assignment shall not be deemed to be consent to any subsequent assignment.

3.07 R ecognition of Subcontractors - No subcontractors will be recognized as such, and all persons engaged in the work of construction will be considered as employees of the contractor and their work shall be subject to the provisions of the contract, including specifically these general stipulations, the specifications and the contract drawings.

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3.08 Return of Bid Security - W ithin ten (10) working days after the execution of the Agreement, the City will return the proposal guarant ees accompanying the proposals that are not to be considered in making the award. All other proposal guarant ees will be held until the Agreement has been fully executed, after which, they will be returned to the respective bidders whose proposals they accompanied.

3.09 F orfeiture of Proposal Guarant y - If Bidder does not properly execute the contract and submit the acceptable bonds, insurance and certifications within the specified time; this shall be just cause for the annulment of the award and the forfeiture of the proposal guarant y to the City. The City may then award the contract to next Lowest Responsible Bidder. The forfeited proposal guaranty may be utilized by the City in accordance with Public Contract Code, Sections 20170 through 20174.

3.10 C ontract Bonds - Before execution of the contract by the City, the Contractor shall file with the City surety bonds satisfactory to the City in the amounts, and for the purposes, noted below.

Said bond shall be on the form furnished by the City herein.

(
a) Performance Bond - The contractor shall furnish and bear the cost of a bond of a surety company acceptable to the City, which bond is conditioned upon the faithful performance of all covenants and stipulations under this contract within the time prescribed, in a manner satisfactory to the City, and that all materials and workmanship will be free from original or developed defects. The amount of the bond shall be one hundred percent (100%) of the total contract price; as such sum is set forth in the agreement.

Said bond shall be on the form furnished by the City herein.

As a condition precedent to satisfactory completion of this contract, an amount equal to ten percent (10%) of the estimated contract cost shall hold good for the period specified in said bond after completion and acceptance of the work by the City.

(b) Labor and Material Bond – The contractor shall furnish and bear the cost of a bond of a surety company acceptable to the City in the sum not less than one hundred percent (100%) of the total contract price, as such sum is set forth in the agreement, for the payment in full of all persons, companies, or corporations who perform labor upon or furnish materials to be used in the work under this contract, in accordance with the provisions of Section 4200 to 4208, inclusive (Chapter 3, Division 5), of the Government Code of the State of California, and any acts amendatory thereof. The bond shall be maintained by the Contractor in full force and effect until the work is accepted by the City and until all claims for materials and labor are paid.

Said bond shall be on the form furnished by the City herein. (c) Warranty Bond - The Contractor shall furnish a warranty bond in the amount of ten percent (10%) of the final contract price (total cost including change orders) to guarant y his work for two (2) years after acceptance of the work by the City Council.

Bonds shall be duly executed by a responsible corporate Surety, licensed and authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California. Each bond shall be signed by both the Contractor and Surety and the signature of the authorized agent of the Surety shall be notarized.

The Contractor shall pay all bond premiums, costs and incidentals. Should any bond become insufficient due to an increase in the contract amount, the Contractor shall obtain supplemental bonding within ten (10) days.

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Should any Surety at any time be unsatisfactory to the City, notice will be given the Contractor to that effect. No further payments shall be deemed due or will be made under the Agreement until a new Surety shall qualify and be accepted by the City.

Changes in the work, or extensions of time, made pursuant to the Agreement, shall in no way release the Contractor or Surety from their obligations. The requirement for notifying the Surety of such changes or extensions shall be waived by the Surety.

3.11 N
otification of Surety Companies - The surety companies shall familiarize themselves with all conditions and provisions of this contract and they waive the right of special notification of any change or modification of this contract or of extension of time, or of decreased or increased work, or of the cancellation of the contract, or of any other act(s) by the City or City's authorized agents, under the terms of this contract, and failure to so notify the aforesaid surety companies of changes shall in no wise relieve the surety companies of their obligation under this contract.

3.12 Power of Att or
ney - Attorneys-in-fact who sign bid bonds or contract bonds must file a certified and effectively dated copy of their Power of Attorney with each bond.

3.13 Insurance Requirements - C ontractor shall provide at their own cost and expense from contract award date to acceptance of the work covered by the contract:
(a) W orkmen's Compensation and Employer's Liability Insurance of not less than the amount shown in the Special Provisions for all of their employees to be engaged in the work under this contract. Should any such work be sublet, the contractor shall require each of their subcontractors at any tier similarly to provide Workmen's Compensation and Employer's Liability Insurance, all in strict compliance with Federal and State laws. (b) Personal Injur y, Bodily Injury and Property Damage Liability Insurance (including automobiles, products and/or completed operations coverage) and Aircraft and Watercraft Bodily Injury Liability and Property Damage Liability Insurance if contractor uses owned or non- owned water aircraft in their operation, with Personal Injury and Bodily Injury (including death resulting therefrom) of not less than a combined Personal Injury and Property Damage Liability limit of not less than the amount shown in the Special Provisions. Should any work covered by the contract be sublet contractor shall require each of their subcontractors of any tier similarly to provide the aforesaid coverages.
(c) All Risk (excluding Earthquake and Flood) Builder's Risk Insurance in an amount not less than the value of any work under this contract, except for buried pipelines and appurtenances which need not be included in the insurance value. Under the policies of insurance described above, each policy shall contain the provision for thirty ( 30) days written notice submitted by registered mail from the insurance carrier(s) to the City prior to cancellation or reduction in coverage.

3.14 S
pecial Requirements - Under the policy of insurance described in Section 13.13-b, the policy shall contain the following provisions:
(a) T he City and the City's officers, representatives, agents and employees shall be named as additional insureds.
(b) Endorsement providing that such insurance is primary insurance and no insurance of the additional insureds shall be called on to contribute to a loss. (c) Endorsement providing that such insurance shall not contain any exclusion regarding loss or damage to property caused by explosion or resulting from collapse of buildings or structures or damage to property underground, commonly referred to as "XCU" hazards.

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(d) Standard cross -liability clause covering personal injury, bodily injury (including death resulting therefrom), and property damage.

3.15 B uilder s Risk Insurance - Under the policy of insurance, the policy shall contain the following provisions:
(a) T he City shall be included as insured.
(b) Losses shall be payable to the contractor and City as their interest may appear. (c) Deductible amounts of all losses covered by insurance shall be borne by the contractor.

3.16 C ertificates - Prior to beginning work, contractor shall furnish certificates satisfactory to the City as to contents and carriers of such insurance.

3.17 Legal Address of Contractor - Contractor's address as shown in the proposal, as well as such office or headquarters the contractor establishes at the site of work, hereby are designated as addresses to which drawings, samples, notices, letters, articles, or other communications to the contractor may be mailed or delivered. The delivery at either of these places of any item or communication from the City or agents thereof to the contractor shall be deemed sufficient service of such delivery. Contractor's address as shown in the proposal may be changed at any time by notice in writing from the contractor to the City. Nothing herein contained shall be deemed to preclude or render inoperative the service of any drawing, sample, notice, letter, or other article of communication to or upon the contractor personally.

3.18 Office of Contractor at Site - D
uring the performance of the contract, Contractor shall maintain a suitable office at the site of work which shall be the headquarters of a representative authorized to receive drawings, instructions or other communications or articles from the City or City's agents; any such thing given to said representative or delivered at the contractor's office at the site of work in when absent shall be deemed to have been given to the contractor. Contractor shall maintain a complete set of plans and specifications at the site office whenever work is in progress.

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SECTION 4 - SCOPE AND CONTROL OF WORK

4.01 Work to be Done – The work to be done consists of furnishing all labor, materials, tools, equipment and services necessary to complete the project, as further described in the Notice to Bidders of these Specifications, and as necessary to leave the site in a neat and finished condition with all equipment properly installed and working to the satisfaction of the Engineer.

W
hile the City has endeavored to accurately represent in the plans and specifications the physical conditions which may affect the cost of the proposed work, the City does not warrant the completeness or accuracy of such information. It is the Contractor’s responsibility to ascertain the existence of any such conditions affecting the cost of the work, which would have been disclosed by reasonable examination of the site.

Conclusions pertaining to any test, investigation, statement or estimate of fact incorporated in the plans and specifications shall be considered by the Contractor to be a recommendation only. The Contractor may request equal access to the underlying or background information to arrive at an independent opinion thereon, including thedetermination of how reliable might be any conclusion appearing in (or inferred from) the information. The Contractor may not rely upon “record drawings” or similar final or accepted drawings or maps constructed on public or private property. Such information may be used for reference only. Actual locations and depths shall be determined by field investigations by the Contractor.

No oral or telephonic agreement or conversation with any officer, agent, or employee of the City or the Engineer, either before or after execution of the contract, shall affect or modify any of the terms or obligations contained in any of the contract documents.

4.02 P
lans and Specifications - It is the intent of the Plans and Specifications to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. For convenience, the Specifications are arranged in several sections, but such separation shall not be considered as the limits of the work required by any separate trade. The terms and conditions of such limitations are wholly between the Contractor and the project subcontractors. In general, the Special Provisions, General Provisions, and other sections of the specifications indicate the responsibilities of the Contractor and the quality of material and methods of workmanship. The plans indicate dimensions, quantities, positions, and various other details of construction.

A
ny work, materials or equipment that may be reasonably inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for.

When words, which have a well -known technical or trade meaning, are used to describe the work, materials or equipment, such words shall be interpreted in accordance with that meaning. See General Provisions, Section 6.03, “Trade Names or Equals”.

Subheadings and titles printed on the drawings in these General Provisions, in the specifications, and elsewhere in the contract documents, are inserted for the convenience of reference only, and shall not be taken or considered as having any bearing on the interpretation thereof.

4.03 R
eferences to Standards and Codes - Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or Laws or Regulations in effect at the time of the opening of bids (or, on the Effective Date of the Agreement if there were no bids), except as may be otherwise specifically stated. However, no provisions of any referenced standard specifications, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of City, Contractor or Engineer, or any of their consultants, agents or employees, from those set forth in the Contract Documents, nor shall it be effective to assign to the Engineer, or any of the Engineer’s Consultants, agents or employees, any duty or authority to supervise

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or direct the furnishing or performance of the work or any duty or authority to undertake responsibility for the Contractor.

4.04 A uthority of the Engineer – The City has the final authority in all matters affecting the work. Within the scope of the Agreement, the Engineer has the authority to enforce compliance with the Plans and Specifications and the Contractor shall promptly comply with instructions from the Engineer.

The decision of the Engineer is final and binding on all questions relating to: quantities; acceptability of materials furnished and work performed; equipment; work execution, rate of progress or sequence of work; and interpretation of the Plans, Specifications, or other drawings. This shall be precedent to any payment under the Agreement, unless otherwise ordered by the City.

4.05 C
ontract Documents and Precedence - The Contract Documents consist of the documents listed below, in order of precedence. If there is a conflict between component parts of the Contract Documents, the document highest in precedence controls. (a) C hange Orders.
(b) Project Directives.
(c) Permits issued by other agencies.
(d) Permits issued by the City.
(e) Agreement and required agreement forms – Bid Bond, Faithful Performance and Labor and Materials Bonds, Warrant y Bond, Insurance Endorsements, Worker’s Compensation Certification.
(f) Project Specifications, in the following order - Addenda, Bid Proposal including all Bid Proposal Forms, Notice Inviting S ealed Proposals, Special Provisions, Technical Provisions, Exhibits to the Proposal, and General Provisions. (g) Project Plans and Drawings.
(h) City Standard Specifications.
(i) City Standard Plans.
(j) Reference Specifications, in the following order – State of California Department of Transportation (Caltrans) State Standard Specifications (current edition), Standard Specifications for Public Works Construction “Greenbook”. (k) Reference Plans, in the following order – State of California Department of Transportation (Caltrans) State Standard Plans ( 2010 edition), Standard Plans for Public Works Construction (2010 edition).

All of the individual components of the Contract Documents are intended to be complementary and what is required by one shall be binding as if required by all. Interpretation of a disputed meaning or intent of the plans and specifications shall be made initially by the Engineer in accordance with the application of the order of precedence. Any final decision required regarding precedence and the clarification of discrepancies in the Contract Documents shall be made by the Engineer.

4.06 I
nterpretation of Specifications and Drawings - The specifications and the contract drawings are intended to be explanatory of each other. Any work indicated in the contract drawings and not in the specifications, or vice versa, is to be executed as if indicated in both. Should it appear that the work to be done, or any of the matters relative thereto are not sufficiently detailed or explained in these contract documents, including the contract drawings, the contractor shall apply in writing to the Engineer for such further explanations as may be necessary and shall conform thereto as part of this contract so far as may be consist with the terms of the contract. Should any doubt or question arise respecting the true meaning of the specification, the Engineer shall make the final decision.

4.07 Figured Dimensions
- Figured dimensions on the contract drawings shall in all cases be given precedence over scaled dimensions. If figured dimensions do not correspond to scaled

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dimensions, contractor shall request Engineer to verify the accuracy of the figured dimensions. It shall be the responsibility of the contractor to ascertain the correct scale of all contract drawings that are in possession, including those which may have been reduced for reproduction.

4.08 E rrors or Discrepancies - If the contractor, in the course of the work, discovers any discrepancies between the drawings and the conditions of the ground, or any errors or omissions in the drawings or in the layout given by stakes, points or instructions, shall have the duty to inform the Engineer immediately in writing, and the Engineer shall promptly verify the same. Any work done after such discovery, until authorized, will be done at the contractor’s risk.

4.09 Drawings to be Furnished by Contractor
- As soon as practical after the execution of this
contract, the contractor shall supply drawings of devices to be furnished hereunder as are called for herein or as are required by the Engineer to make clear the details of construction and to demonstrate fully that all materials and equipment comply with the intent and provisions of this contract. Unless otherwise herein specified, such drawings shall be submitted to the Engineer for review. Should the Engineer take exception with any drawings furnished by the contractor, the contractor shall make the revisions required, and resubmit them to the Engineer for review. After a satisfactory review by the Engineer, these drawings shall become a part of this contract and the work shall be done in conformity therewith. No such work shall be begun or devices purchased until the review of the drawings detailing such items have been completed. The review of the drawings shall not relieve the contractor of responsibility, or waive or modify any of the provisions or requirements of this contract.

The Engineer's review of drawings submitted by the contractor will be for, and will cover, only gener
ally conformity to the plans and specifications and will not constitute a blanket approval of all dimensions, quantities and details of the material or equipment shown by (nor shall review relieve the contractor of responsibility for errors contained in) such drawings.

All shop drawings submitted by the various subcontractors which require review of the City's representative shall first be sent to the contractor who shall keep a record of the drawing numbers and the date of their receipt .. Contractor shall submit the drawings to City's representative for review in time to prevent delays in delivery of materials.

Contractor shall thoroughly check all such shop drawings for measurements, size of member, materials and details to make sure they conform to the intent of the plans and specifications. Drawings found to be inaccurate or otherwise in error shall be returned by the contractor to the subcontractor for correction before they are submitted by the contractor to the City's representative for review.

4.10 A
dditional Drawings by City - Contract drawings are intended to be comprehensive and to indicate in detail the scope of the work. However, the Engineer may furnish the contractor additional drawings during the progress of the work in order to clarify and define in greater detail the intent of the contract drawings or specifications. Contractor may request such detailed drawings by submitting a request in writing to the Engineer at least two (2) weeks in advance of the time they are required.

4.11 Lines and Grades
- All work under this contract shall be constructed to the lines, grades and elevations shown on the contract drawings. Contractor shall establish the lines, grades and elevations unless it is otherwise specified in the Special Provisions.

4.12 R
ecord Documents – The Contractor shall keep at the worksite a record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Directives, Field Orders and written interpretations and clarifications. These record documents together with all a pproved submittals, samples and shop drawings will be available to the Engineer as a reference at all times. Upon completion of the work, these record documents will be delivered to Engineer.

4.13 R ecord Drawings –The Contractor shall prepare and update a master “as-built” set of red ink-lined plans, to be reviewed and approved by the Engineer at the end of every month. Drawings shall contain information showing where actual installation differs from that shown on the original drawings, where

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underground or concealed features are found noting alignment (to 0.25’) and elevation (to 0.1 ’ ), field changes or deletions of work, and any additional work by change order. Upon the project’s completion, and prior to the project’s acceptance, the Contractor shall submit to the City the completed as -built r ecord Drawings on one (1) set of full size prints prepared on 22" x 34" paper.

Record Drawings are full size drawings (Plans) which marked up during construction to delineate the actual in- place constructed conditions. Record Drawings shall be provided by the Contractor for this Project. Requirements for Record Drawings as specified elsewhere shall supplement the requirements specified herein.

4.14 R euse of Documents - Neither the Contractor nor any Subcontractor or supplier or other person or organization performing or furnishing any of the work under a direct or indirect agreement with the City shall have any title or rights to any of the Drawings, Specifications or other documents (or copies thereof) which bear the seal of the design engineer. Such documents shall not be reused on extensions of the project or for any other project without written consent of the City and the design engineer.

4.15 S
ubsurface Data – If completed, all soil and soil test data, water table elevations, and soil analyses included or referred to in the Contract Documents apply only at the location of the test holes and to the depths indicated. If completed, soil test reports for test holes which have been drilled are available for inspection at the office of the Engineer. Any additional subsurface exploration shall be done by Bidders or the Contractor at their own expense.

T
he elevation of the water table indicated by soil test reports is that which existed on the date the test hole was drilled. It is the Contractor’s responsibility to determine and allow for the possibility of differing ground water elevations on the date of the project’s construction. A difference in elevation between ground water shown in soil boring logs and ground water actually encountered during construction will not be considered as a basis for extra work.

4.16 R
ight -of-Way – Acquisition of right -of-way or permanent easements necessary for the improvements as shown on the plans will be provided by the City. Unless otherwise provided, the Contractor shall make any required arrangements, pay for, and assume all responsibility for acquiring, using, and disposing of additional work areas, easements, and temporary facilities required. Contractor shall identify and hold the City harmless from all claims for damages resulting from such actions.

4.17 R emoval of Defective and Unauthorized Work - Should the Contractor deliberately proceed with any portion or phase of construction which is obviously incorrectly indicated in the contract plans or documents, he shall be responsible for any corrective measures required to make adequate repairs or adjustment. This shall include any work done beyond the lines and grades shown on the plans or established by the Engineer, or any extra work done without written authority.

A
ll work that has been rejected shall be remedied or removed and replaced by the Contractor in an acceptable manner and no compensation will be allowed for such removal or replac ement. If the Contractor fails to remedy rejected work within ten (10) working days after written demand, the City may, without prejudice to other remedies, sell such materials at auction or at private sale, or otherwise dispose of such material. The Contractor shall be entitled to the proceeds of such sale, if any, in excess of the costs and damages for which the Contractor is liable to the City, including reasonable attorneys’ fees and expenses and compensation for the City’s services and expenses.

4.18 A
cceptance of Defective Work - The City shall have the option, at its sole discretion and by written notice to the Contractor, to accept defective work instead of requiring its removal or correction, in which case the contract sum shall be reduced by an amount equal to the difference between the value to the City such work would have were it complete, correct, and in conformity with the Contract Documents and the value to the City of such defective work. Such option shall be exercised solely by written notice to the Contractor and shall not be implied from any act or omission by the City or the Engineer. If the remaining payments and retention are insufficient to cover the amount of the reduction of the contract sum, the Contractor shall promptly pay to the City the amount of any such deficiency.

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4.19 Submittals - Within ten (10) working days following the Notice to Proceed, the Contractor shall provide a detailed list for review and approval of all individual submittals required to be submitted under the contract. The list shall reference the specification section and paragraph that requires the submittal along with the date the Contractor plans to transmit the submittal to the City for review.

U
nless otherwise requested by the Engineer, submittals shall be provided electronically in .pdf format at least twenty-eight ( 28) calendar days prior to the approval being necessary for the work.

Submittals shall be transmitted with a Submittal Cover Letter form as approved by the Engineer. Large submittals consisting of reports, oversized or colored pages, full sized shop drawings, manuals contained in binders, or submittals in other forms not easily reproduced shall be provided in hard copy format with six (6) copies.

For items requiring shop drawings, no materials shall be furnished, and no work shall be performed, until the drawings have been favorably reviewed. Shop drawings shall be of a size and scale to clearly show all necessary details.

After review by the City of each of the Contractor's submittals, the material will be returned to the Contractor marked with actions defined as follows:
(a) NO EXCEPTIONS TAKEN - Accepted subject to its compatibility with future submissions and additional partial submissions for portions of the work not covered in this submission.

Does not constitute acceptance of deletion of specified or required items not shown in a partial submission.
(b) MAKE CORRECTIONS NOTED - The same as item (a), except that minor corrections as noted by the City shall be made by the Contractor. No resubmission is required. (c) REVISE AND RESUBMIT - Rejected because of major inconsistencies or errors which shall be resolved or corrected by the Contractor prior to subsequent review by the City. (d) REJECTED - Submitted material does not conform to plans and Specifications in major respects. This material is not expected to be resubmitted. (e) SUBMIT SPECIFIED ITEM - Submittals not reviewed by the City but received for record purposes.

Favorable review of the shop drawings by the Engineer is interpreted to mean that there is substantial and acceptable conformance with the contract plans, but details of design may not necessarily be checked for adequacy or accuracy. Such acceptance shall not relieve the Contractor from the responsibility for errors or omissions in the shop drawings or from deviations from the contract documents unless such errors, omissions, or deviations were specifically called to the attention of the Engineer in writing. The Contractor shall be responsible for the correctness of the shop drawings, for shop fits and field corrections, and for the results obtained by the use of such plans.

4.20 S
ubstitutions – Proposed requests by the Contractor for changes in products, m aterials, equipment, and methods of construction required under the Contract Documents after the award of contract are considered "requests for substitutions.” For proposed “or equal” substitutions, attention is directed to General Provision Section 6.03, “Trade Names or Equals.”

E
ach request for substitution shall be prepared and presented to the City in accordance with the procedures for submittals, except that the following additional information shall be provided.

(a) An explanation of the advantages to the City for accepting the substitution. (b) A comparison of significant qualities of the proposed substitution with those specified. (c) A list of changes or modifications needed to other parts of the work and to construction performed by the City and separate Contractors, that will be necessary to accommodate the proposed substitution.

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(d) A statement indicating the substitution's effect on the Construction Schedule compared to the Baseline Construction Schedule without acceptance of the substitution. Indicate the effect of the proposed substitution on overall contract time. (e) Cost information, including a proposal of the net change, if any, in the Contract Sum. (f) Certification that the substitution is equal to or better in every respect to that required by Contract Documents, and that it will perform adequately in application indicated. Include Contractor's waiver of rights to additional payment or time extensions, that may be necessary because of the substitution's failure to perform adequately.

No extension of time will be allowed through failure of the Contractor to either transmit requests for substitution sufficiently in advance of the work, or on account of processing time outside the time limits noted.

4.2 1 Construction Staking Lines and Grades - Unless otherwise stated in the Special Provisions, the Contractor shall provide, preserve, and replace if necessary, all of the necessary construction stakes required for the construction of the project. Grades for underground conduits will be set on the ground surface and shall then be transferred to the bottom of the trench by the Contractor.

S
takes or marks will be set by a California Licensed Surveyor or a California Registered Civil Engineer to establish the lines and grades required for the completion of the work as specified in the Contract Documents. It shall be the Contractor's responsibility to notify the Engineer of any discrepancies found between field grades and notes shown within the Contract Documents.

Contractor shall furnish horizontal control and cut sheets to the Engineer immediately upon the setting of construction or boundary markers. Upon completion, all work shall conform to the lines, elevations, and grades shown on the plans.

4.22 I
nspection of the Work - All work is subject to inspection and approval of the Engineer.

Unless otherwise stated in the specifications, the City shall perform all required inspections. The Contractor shall notify the Engineer before noon of the working day before inspection is required. Unless otherwise authorized, work shall be done only in the presence of the Engineer. Any work done without proper inspection will be subject to rejection. The Engineer shall at all times have access to the work during its construction at shops and yards as well as the project site. The Contractor shall provide every reasonable facility for ascertaining that the materials and workmanship are in accordance with the Contract Documents. Inspection of the work shall not relieve the Contractor of the obligation to fulfill all conditions of the contract.

I
f a portion of the work is covered contrary to the Engineer’s request or direction, or contrary to the requirements of the Contract Documents, it must, if required in writing by the Engineer, be uncovered for the Engineer’s observation and be replaced at Contractor’s expense without adjustment of the contract time or the contract sum.

If a portion of the work has been covered, which is not required by the Contract Documents to be observed or inspected prior to it’s being covered and which the Engineer has not specifically requested to observe prior to it’s being covered, the Engineer may request to see such work and it shall be uncovered and replaced by Contractor. If such work is in accordance with the Contract Documents, the costs of uncovering and replacing the work shall be added to the contract sum by change order; and if the uncovering and replacing of the work extends the contract time, an appropriate adjustment of the contract time shall be made by change order. If such work is not in accordance with the Contract Documents, the Contractor shall pay such costs and shall not be entitled to an adjustment of the contract time or the contract sum.

Regular working hours for City Construction Inspectors are between 7:30 a.m. and 4:00 p.m., Monday through Friday, excluding City holidays. If the Contractor works outside these times, the Contractor may be charged for additional inspection. Inspection by the Engineer or by a City inspector, or

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any order measurement, approved modifications, certificate or payment of money, or acceptance of any part of whole of the work, or any extension of time, or any possession by the City or its agents, shall not operate as a waiver for any provision of this contract or of any power reserved therein to the City, or any right to damage thereunder; no breach of this contract shall be held to a waiver of any or subsequent breach. All remedies shall be taken and construed as cumulative.

4.23 T
esting - Unless otherwise stated in the Contract Documents, all required testing will either be performed directly by an independent laboratory coordinated and paid for by the C ontractor. The Contractor shall submit the resulting certified test results and Certificates of Compliance for all materials requiring such as specified in the Technical Provision. Contractor shall cooperate with the City in coordinating the necessary testing. The coordination of testing, including the number and location of tests, shall be under the direction of the Engineer. All compaction test sites deeper than five (5’) feet below grade shall be properly shored by the Contractor to protect testing personnel.

T
he cost for performing re-tests due to failures, or additional call-outs if work is not ready to test, will be charged to the Contractor. The City shall require retesting until all required tests are successfully passed.

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SECTION 5 – CHANGES IN WORK

5.01 Limited City Authority to Approve Change Orders - The Contractor recogni zes that the City is a public agency and that it can only act through its duly authorized agents. In this regard, the Contractor agrees that only written change orders, executed by the governing body of the City, shall be valid. The Engineer shall have no authority to issue a change order unless so specifically authorized, and no person shall have authority to issue any oral change order.

5.02 C ontractor Liability for Unapproved Change Orders - Unless a valid change order is issued, all changes in the work performed by the Contractor shall be at the Contractor’s own risk, and shall not be entitled to any additional compensation. Furthermore, the Contractor may be required to make the work conform to the plans and specifications. No act or series of acts by the City during the course of the contract shall be deemed to constitute a waiver of the City’s right to rely upon the provisions of this Section 5, “Changes in Work”.

5.03 N
on- Material Change Requests by the Contractor - Changes in the plans and specifications requested in writing by the Contractor, which do not materially affect the work and which are not detrimental to the work or to the interests of the City, may be granted to facilitate the work, when approved in writing by the Engineer. If such changes are granted, they shall be made at a reduction in cost or at no additional cost to the City. Nothing herein shall be construed as granting a right to the Contractor to demand acceptance of such changes or to increase the contract sum or contract time as a result of the proposed change.

5.04 Effect of Extension of Time
- The granting of any extension of time due to delays which, in the judgment of the City, are unavoidable delays shall in no way operate as a waiver on the part of the City of its rights under this contract.

5.05 Let ters of Instruction - The Engineer may issue letters of instruction in the form of Field Orders, Clarifications, responses to Requests for Information, or any other document which makes interpretations or clarifications to the Contract Documents that do not modify the scope of work or involve an adjustment in the contract sum or contract time. Letters of Instruction shall be binding upon the Contractor, and the Contractor shall promptly carry out the requirements of such Letters of Instruction.

5.06 R
equests for Information, Inconsistencies and Changed Conditions - Before undertaking each part of the work, the Contractor shall carefully study all pertinent figures shown in the Contract Documents and verify that all applicable field measurements are free of conflicts, errors, discrepancies, inconsistencies and omissions. If such conditions are discovered, the Contractor shall notify the Engineer by writing a Request for Information, and await direction from the Engineer before proceeding.

I
f the Contractor encounters a changed condition, as defined by one or more of the conditions below, the Contractor shall notify the Engineer by writing a Request for Information before disturbing the condition further.

(a) Material differing from that represented in the Contract which the Contractor believes may be hazardous waste, as defined by Health and Safety Code, Section 25117 that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provision of existing law; and

(b) Subsurface or latent physical conditions at the site differing materially from those represented in the Contract Documents; and

(c) Unknown physical conditions at the site of any unusual nature, which differ materially from those ordinarily encountered and generally recognized as inherent in the work and of the character provided for in the Contract Documents.

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No extension of Contract time shall be made by the City due to the Contractor’s failure to provide a timely written notice of any inconsistency or changed condition requiring direction. The Engineer will respond to the Contractor’s Request for Information within three working days, providing an interpretation, clarification or change order for an appropriate adjustment in contract time and cost pursuant to General Provisions, Section 5.07, and “Change Orders”. Contractor shall wait for the Engineer’s written response to a Request for Information before proceeding with any work.

The Contractor shall not be liable to the City for failure to report any conflict, error, or discrepancy in the Contract Documents, unless the Contractor had actual knowledge or could foresee such conditions as may be discovered by a reasonable examination of the work site or materials. If the Contractor performs any construction activity in which he knows or should know involves an error, inconsistency, ambiguity, or omission referred to in this Section, without notifying and obtaining the written consent of the Engineer, Contractor shall be responsible for the resultant costs, including, without limitation, the costs of correcting defective work. However, in an emergency affecting the safety of persons or property, the Contractor shall take all reasonably necessary precautions to prevent or minimize damage, injury, or loss.

5. 07 Extra and Omitted Work - Whenever corrections, alterations or modifications of the work under this contract are ordered and approved by the Engineer and increase the amount of work to be done, such added work shall be known as Extra Work. When such corrections, alterations or modifications decrease the amount of work to be done, such deleted work shall be known as Omitted Work. The General and Special Provisions shall apply with equal force to all extra and omitted work.

W
hen the Contractor considers that any changes or dered involve extra or omitted work, Contractor shall immediately notify the Engineer in writing and subsequently keep them informed as to when and where the alleged extra work is to be performed.

When extra work reports are agreed upon and signed by both parties, they shall become the basis of payment. When extra work is still under negotiation or has not been agreed upon, the Contractor shall keep daily detailed and accurate records itemizing each element of cost and shall provide certified payroll, invoices, and other substantiating records and documentation with records and/or claims for compensation to be provided no later than 30 days following the time in which the work claiming to be extra was performed.

Unless notification of extra work is d ocumented, and unless a complete statement of materials used and expenses incurred is furnished by the C ontractor, the Contractor shall not be entitled to payment of such alleged extra work, and any future claims for compensation will be invalid.

Payment for extra work shall be in accordance with General Provisions, Section 5.08 - “Change Orders”. Omitted work shall not constitute a claim for damages on account of anticipated profits on the work that may be omitted.

5.08 C
hange Orders – At any time during the progress of the work, and without in any way rendering void the Agreement, the City may order alterations, additions or deductions from the work by change order, without notice to sureties. When so ordered in writing, the Contractor shall proceed with work as directed by the change order.

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he change order shall describe the change in the work, the adjustment of the contract sum (if any), and the adjustment of the contract time (if any). The Contractor shall not be entitled to any extension of time for the completion of the work by virtue of any change order unless the change order specifically provides for this. If, after receiving a change order, the Contractor requests an extension of time, within five (5) working days the Contractor must file a written claim to that effect for consideration by the Engineer.

The process of submitting a proposed change, a cost proposal, or negotiating an agreed upon change order, or any failure to reach an agreement as to an adjustment in the contract sum or the

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contract time, shall not relieve the Contractor of the obligation to perform in accordance with the Contract Documents.

A change order may be in the form of a City directed change order or an agreed upon change order. Upon the receipt of either form of change order, the Contractor shall proceed promptly and diligently with the extra work.
(a) City Directed Change Orders - A City directed change order may be issued by the City without the Contractor’s signature where the City determines that it is in the City’s best interest to proceed with the work, and the change does not materially alter the character of the work. The Contractor shall be deemed to have accepted the terms of any City directed change order unless the Contractor asserts a claim with respect to the change order, no later than ten (10) working days following the Contractor’s receipt of the change order. See General Provisions, Section 5.09`, “Disputed Work”. (b) Agreed Upon Change Orders - Within five (5) working days after receiving a request from the City for a written proposal for an agreed upon Change Order, the Contractor shall provide the Engineer with a cost proposal in a form satisfactory to the Engineer, setting forth the Contractor’s proposed adjustments to the contract sum and contract time for performing the extra work.

Compensation for agreed upon change orders shall be calculated based upon the unit prices stated in the Bid Schedule and no additional markup for overhead or profit will be provided unless stated otherwise as follows. If there are no unit prices for the extra work, the Contractor and the City may agree upon unit prices or lump sum costs, which shall be used to increase or decrease the contract sum. In the absence of any such agreement, the contract sum shall be adjusted by Force Account.

1. Quantity Adjustments - Unit prices shall govern not only for alterations to work covered by written specifications and drawings, but also for other work incidental or necessary to completing the work for which written specifications and drawings may be later prepared. Whenever an item of work or materials is specified in the contract by unit price and is increased or decreased by more than 25 percent (25%), Section 9- 1.06 of the Standard Specifications shall govern payment. This Section allows for a renegotiation of the unit price based upon consideration of the total pay item cost. If, however, a renegotiated price cannot be reached by the Contractor and the City, then the payment for this item shall be adjusted by Force Account.

2. Agreed Upon Price – If there are no unit prices for proposed extra work, the Contractor and the City may agree upon unit prices or lump sum costs, by written change order, prior to commencing work. In the absence of any such agreement, the contract sum shall be adjusted by Force Account.

3. Force Account - When extra work is to be paid on a force account basis, the labor, materials and equipment used in the performance of that work shall be paid in ac cordance with the 2010 State Standard Specification, Section 9- 1.04 “Force Account .” To the total of the direct costs computed, there can be an added markup of up to thirty-five percent (35%) to the cost of labor, up to fifteen- percent (15%) to the cost of materials and up to fifteen-percent (15%) to the cost of equipment. These markups shall constitute full compensation for any and all overhead costs, profit, or other costs not specifically designated as a cost of labor, material or equipment. When subcontractors perform force account work, an additional ten-percent ( 10%) markup shall be added to the total cost of the extra work to reimburse the Contractor for additional administrative costs. No markup for any Subcontractor beyond the first tier shall be paid.

During the performance of extra work by Force Account, and as a condition to the Contractor’s right to an adjustment of the contract sum, the Contractor shall prepare daily reports itemizing all costs for labor , materials, and equipment rental

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and provide certified payrolls. For labor costs, the reports shall include names, job classifications, hours worked and rates of pay. For equipment costs, the reports shall include size, type, identification number and hours of operation. All records and reports shall be submitted to the Engineer for approval on a daily basis. Reports shall be made on the State of California, Daily Extra Work Report Form or on a similar form approved by the Engineer.
i. Labor - Labor costs shall be based on the prevailing wage scale for each craft or type of workman, and no compensation shall be allowed for payment in excess of the prevailing wage. Employer payments for payroll taxes and insurance, health and welfare, pension, vacation, and other direct labor costs shall be included and will be calculated as the Labor Surcharge stipulated in the State of California, Labor Surcharge and Equipment Rental Rates book.
ii. Materials - Materials cost shall be the cost of all materials purchased by the Contractor and used in the extra work and shall be the actual cost of such materials, including sales taxes, freight and delivery charges. The City reserves the right to reject materials to be furnished by the Contractor, sources of supply or, if necessary, to furnish the materials to the Contractor. No compensation will be paid to the Contractor for any material furnished by the City or for materials not used. iii. Equipment Rental - The Contractor will be allowed the actual rental rate of equipment, prorated over the time the machinery or equipment is required. For Contractor owned equipment, this rate shall be as stipulated in the State of California, Labor Surcharge and Equipment Rental Rates book. In addition, the Contractor will be allowed reasonable move-in and move- out charges, if applicable. All equipment shall, in the opinion of the Engineer, be in good working order, good condition, and suitable for its purpose. Equipment or tools having a replacement value of $200.00 or less, whether or not consumed by use, shall be considered small tools and no payment will be made therefore. iv. Other Services or Expenditures - The City may authorize and approve payment for work performed by special forces or necessary services and expenditures other than labor, materials, and equipment rental.

5.09 D
isputed Work - When the Engineer and Contractor fail to agree as to whether an alteration ordered by the Engineer constitutes a material change or difference in the character of the work, or fail to agree upon the compensation to be allowed for such altered work, the Contractor shall proceed with the altered work and file with the Engineer, within ten (10) working days after receiv ing direction from the Engineer, a written protest detailing the particulars of the dispute and the amount of additional compensation or time required for the alteration. Failure of the Engineer to recognize a change in the character of work when ordering alterations shall in no way be construed as relieving the Contractor of the Contractor’s duty and responsibility for filing a protest as prescribed above. The City will not consider additional compensation for altered work unless the Contractor files a written protest within ten (10) working days after receiving direction from the Engineer.

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f the Contractor has complied with the notification requirements of this sub- section, consideration of payment due shall be made as later determined through claim resolution procedures as set forth in General Provisions, Section 10, “Measurement and Payment”.

Although not to be considered as approval for proceeding under extra work provisions, the Contractor shall keep and furnish records of disputed work in accordance with General Provisions, Section 5.07, “Extra Work”.

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SECTION 6 - CONTROL OF MATERIALS

6.01 Materials and Workmanship - All materials, parts and equipment furnished by the Contractor in the work shall be new, high grade, and free from defects. Workmanship shall be in accordance with generally accepted standards. Materials and workmanship shall be subject to the Engineer’s approval.

Mat
erials and workmanship not conforming to the requirements of these specifications shall be considered defective and will be subject to rejection. Defective work or material, whether in place or not, shall be removed immediately from the site at the Contractor ’s, expense, when so directed by the Engineer.

If the Contractor fails to replace any defective or damaged work or material after notice from the Engineer, the Engineer may cause such work or materials to be replaced. The replacement expense shall be deducted from the amount to be paid to the Contractor.

Used or secondhand materials, parts and equipment are permissible only if permitted by the Special Provisions.

Specialized material or equipment to be used in the work that is not readily available from material suppliers (such as electroliers, luminaries, signal poles, heads, cable, controllers, pumps, etc.) shall be ordered within five (5) days after award of the contract. Time extensions will not be granted for project delays due to the unavailability of such specialized material and equipment unless the Contractor furnishes the Engineer with documentation of purchase order dates, acceptable reason for delay of delivery, or proof of diligent efforts to obtain said items from alternate sources.

The Contractor shall provide the Engineer with periodic reports to inform the Engineer of any changes in the projected material or equipment delivery dates.

6.02 P
rotection of Work and Materials - The Contractor shall provide and maintain storage facilities and employ such measures as will preserve the specified quality and fitness of materials to be used in the work. Stored materials shall be reasonably accessible for inspection. The Contractor shall also adequately protect new and existing work and equipment for the duration of thecontract.

T
he Contractor shall not, without the City’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the contract.

6.03 T
rade Names or Equals – In accordance with Public Contract Code Section 3400, whenever any particular material, process, or equipment is indicated by patent, proprietary or brand name, or by the name of a manufacturer or supplier, such wording is used for the purpose of facilitating its description and shall be deemed to be followed by the words “or equal”.

B
ecause products specified may have a uniqueness that can’t be matched, the Contractor must “bid” the work based upon the products specified. If, during the submittal process, an equivalent product is proposed by the contractor, the contractor shall provi de data to show that the product is considered equal. Contractor shall also identify any price differences, which shall be considered as part of the substitution and if accepted, shall result in an appropriate credit or cost to the City by change order should the substitution be made.

Unless otherwise authorized by the Engineer, the proposed substitution must be submitted in sufficient time, before the normal use or installation of the material, process or equipment, for the Engineer to determine the equivalency and for the Contractor to make any required purchases (including delivery).

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The Engineer shall be responsible for solely determining whether the material proposed for substitution is equivalent to that specified, and the Engineer’s findings shall be final. If a substitute offered by the Contractor is found to be not equal to the specified material, the Contractor shall furnish and install the specified material.

The specified contract completion time shall not be affected by any circumstances developing from the provisions of this Section.

6.04 I
nspection of Materials by City - Unless otherwise specified, inspection may be required at the source for such typical materials and fabricated items as bituminous paving mixtures, structural concrete, metal fabrication, metal casting, welding, concrete pipe manufacture, protective coating application, and similar shop or plant operations.

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tandard items of equipment such as electric motors, conveyers, elevators, plumbing fixtures, etc., are subject to inspection at the job site. Special items of equipment such as designed electrical panel boards, large pumps, sewage plant equipment, etc., are subject to inspection at the source, normally only for performance testing. The Special Provisions may specify additional inspection requirements.

6.05 I
nspection of Materials by Others - When the City does not elect to make its own inspection at the source, the City may, at its expense, engage an inspector or accredited testing laboratory to inspect the materials, equipment or process. The inspector or representative of the testing laboratory shall judge the materials by the requirements of the plans and specifications. No materials or equipment shall be shipped nor any processing, fabrication or treatment of such materials shall be done without a favorable inspection by the engaged agent. These materials shall be subject to re- inspection at the job-site.

6.06 T
ests of Materials - Before incorporation into the work, the Contractor shall submit samples of materials, as the Engineer may require, at no cost to the City. The materials for testing shall be delivered to the place by Contractor, and at the time designated, by the Engineer. Unless otherwise provided by the Special Provisions, all testing shall be performed under the direction of the Engineer, and at no expense to the Contractor.

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he Contractor shall notify the City in writing at least fifteen ( 15) days in advance of any intention to use materials for which tests are specified, to allow sufficient time for the City to perform the tests. The notice shall name the proposed supplier and source of material.

6.07 C
ertification – The Engineer may waive material testing requirements of the Specifications and accept the manufacturer’s written Certificate of Compliance or test data demonstrating that the materials to be supplied meet the requirements of the specifications. A Certificate of Compliance is acceptable for authorizing the use of steel pipe in sizes less than eighteen ( 18) inches and vitrified clay, cast iron or ductile iron pipe in all sizes. All materials used on the basis of a Certificate of Compliance may be sampled or tested by the City at any time. The fact that material is used on the basis of a Certificate of Compliance shall not relieve the Contractor of the responsibility for incorporating materials in the work which conforms to the requirements of the Contract Documents.

6.08 W
eighing and Metering Equipment – All scales and metering equipment used for proportioning materials shall be inspected for accuracy and certified within the past twelve (12) months by the State of California Bureau of Weights and Measures, by the County Director or Sealer of Weights and Measures, or by a scale mechanic registered with or licensed by the County,

T
he accuracy of the work by a scale service agency, except as stated herein, shall meet the standards of the California Business and Professions Code and the California Code of Regulations pertaining to weighing devices. A certificate of compliance shall be presented to the Engineer for approval prior to operation, and shall be renewed whenever required by the Engineer at no cost to the City.

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All scales shall be arranged so they may be read easily from the operator’s platform or area.

They shall indicate the true net weight without the application of any factor. The figures of the scales shall be clearly legible. Scales shall be accurate to within one-percent (1%) when tested with the plant shut down. Weighing equipment shall be so insulated against vibration or moving of other operating equipment in the plant area such that the error in weighing with the entire plant running will not exceed two-percent (2%) for any setting nor one and one half percent (1.5%) for any batch.

6.09 C
alibration of Testing Equipment – Testing equipment, such as but not limited to, pressure gages, metering devices, hydraulic systems, force (load) measuring instruments, and strain- measuring devices shall be calibrated by a testing agency acceptable to the Engineer at intervals not to exceed twelve ( 12) months, and following repairs, modification, or relocation of the equipment.

Calibration certificates shall be provided when requested by the Engineer.

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SECTION 7 – UTILITIES

7.01 City’s Statutory Obligation - Pursuant to Government Code, Section 4215: “in any contract to which a public agency as defined in Section 4401 is a party, the public agency shall assume the responsibility, between the parties to the contract, for the timely removal, relocation, or protection of existing main or trunk line utility facilities located on the site of any construction project that is the subject of the contract, if such utilities are not identified by the public agency in the plans and specifications made a part of the invitation for bids. The contract documents shall include provisions to compensate the Contractor for the costs of location, repairing damage not due to the failure of the Contractor to exercise reasonable care, and removing or relocating such utility facilities not indicated in the plans and specifications with reasonable accuracy and for equipment on the project necessarily idled during such work. The Contract documents shall include provisions that the Contractor shall not be assessed liquidated damages for delay in completion of the project, when such delay was caused by the failure of the public agency or the owner of the utility to provide for removal or relocation of such utility facilities .”

7.02 C
ontractor’s Obligation to Identify and Protect Subsurface Infrastructure - The Contractor shall locate and protect service laterals, conduits, and appurtenances of any underground facility, the presence of which could be reasonably inferred from the Contract Documents or from the presence of visible facilities such as buildings, meters, and junction boxes, prior to doing any work that may damage any such facilities, or interfere with their service. Where underground main distribution conduits, such as water, gas, sewer, electric power, telephone, or cable television are shown on the plans, the Contractor shall assume that every parcel will be served by a service connection for each type of utility. The Contractor shall comply with all requirements for the protection of underground infrastructure as set forth in Government Code, Sections 4215 through 4216.9.

I
t shall be the Contractor’s responsibility to complete all work in a manner that satisfies utility company standards, providing if requested, detailed plans prepared by a California Registered Civil Engineer showing necessary temporary support of utilities during coordinated construction work. The Contractor is directed to contact these agencies before submitting bids and to be familiar with their requirements and shall include all costs of this coordination within the proposals bid prices.

The Contractor agrees to assume liability and to hold the City of San Carlos, its officers, and employees harmless from any damages resulting from the existence of underground utilities and structures not reported to the Engineer, not indicated on the public records examined, or located at variance with that reported or shown on records examined.

7.03 Loc
ation - The City will search known records and indicate on the plans those utilities, except service connections, which may affect the work. All available information regarding removal, relocation, or disconnection of utilities, or installation of new utilities, will be furnished to prospective bidders before the receipt of bids. The Contractor shall immediately report to the Engineer those utilities omitted from the plans or found substantially at variance with the location shown.

E
xisting and proposed utilities and improvements are shown in their approximate locations.

Locations may not have been field verified and no guarantee is made as to the accuracy and completeness of the information shown. The fact that any facility is not shown on the plans shall not relieve the Contractor of any responsibility under this Section. It shall be the Contractor’s responsibility to determine the existence and location of utilities shown on the plans, indicated by field locating services, or evidenced by facilities visible in the field. No additional compensation will be allowed for delays incurred as a result of the Contractor’s failure to field verify and/or pothole existing utilities prior to beginning construction. Potholing shall be considered as part of the various contract bid items and no additional compensation will be allowed.

At least three (3) working days prior to commencing work, the Contractor shall request that utility and agencies mark or otherwise indicate the location of their substructures. Contractor shall contact Underground Service Alert (USA) at (800) 642- 2444 and the Engineer at least forty-eight (48) hours prior to excavation. The location of utilities as shown on the plans are approximate and are not to be

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construed as certainty. It shall be the Contractor’s responsibility to determine the true location and depth of all utilities and service connections affecting or conflicting with the wor k, prior to the performance of the work. As necessary, the Contractor shall pothole these utilities prior to working in the area to avoid damage to them. Potholing shall be considered as part of the contract bid items, and no separate payment will be made. Contractor shall be familiar with the type, material, age and condition of any utility which may be affected by the work.

7.04 P
rotection - As necessary or as directed by the Engineer, the Contractor shall field adjust proposed improvements to avoid c onflicts with existing improvements. The Contractor shall not interrupt the service function or disturb the supporting base of any utility, without authority from the utility Owner or order from the City.

W
here protection is required to ensure support of existing underground, overhead and at -grade utilities (including their associated structures and service connections) as shown on the plans, at the Contractor’s expense such protective measures shall be furnished and placed.. In case of damage, the Contractor, without additional compensation, shall restore utilities to as good of a condition as they were found.

Upon learning of the existence and location of any utility omitted from or shown incorrectly on the plans, the Contractor shall notify the City and be fully responsible for protecting such utility. When authorized by the Engineer, additional protection may be paid by change order, for utilities other than a service connection.

The Contractor shall immediately notify the Engineer and the utility owner when Contractor disturbs, disconnects or damages any utility. If the utility is located substantially as indicated on the plans, the Contractor shall bear the costs of repair or replacement.

When placing concrete around or contiguous to any utility, at the Contractor’s expense, a cushion of expansion joint material, clear opening, sleeve, or other suitable material approved by the Engineer so as to prevent embedment or bonding of the utility with the concrete shall be furnished and installed.

7.05 S
hut Down Notification – The City is in -charge of the sewer and storm water collection systems, traffic signals and street lighting system and as such the Contractor shall coordinate shut downs of these utilities and facilities with the City’s Engineer and Public Works Maintenance Department . The Contractor shall also coordinate the shutdown of all other utilities, including, but not limited to water, electricity, gas, communications, or CATV with the corresponding utility owner.

Shut d
owns of any utility or other facility, when allowed, shall be done only after:

A. T he Contractor has coordinat ed with and notify the Engineer/Utility Owners in writing, at least seventy-two (72) hours in advance of the shut down, and, B. H as properly notified customers (residents, businesses/agencies) emergency response staff, and, C. Has all materials required for the work at the job site prior to requesting a shut off.

Except for scheduled shutdowns and in cases of emergency, the Contractor shall notify all customers and effected parties of a shutdown at least forty -eight (48) hours in advance by writing and four (4) hours in advance by person to allow adequate draw time. Once shut down, the Contractor shall proceed with the work in an expedient manner until the water lines or sewer lines are back in service.

7.06 R
emoval - Unless otherwise specified, the Contractor shall remove all portions of interfering utilities shown on the plans as ‘abandoned’ or “to be abandoned in place”. Before starting removal operations, the Contractor shall ascertain from the utility Owner whether abandonment is complete. The costs involved in the removal and disposal of utilities to be abandoned shall be considered as part of the contract bid items, and no separate payment will be made.

7.07 R
elocation - When feasible, the utilities within the area affected by the work will complete their necessary installations, relocations, repairs, or replacements before commencement of work by the Contractor. When the Contract Documents or plans indicate that a utility is to be relocated, altered or

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constructed by others, the City will conduct all negotiations with the utilities and the work will be done at no cost to the Contractor.

Utilities interfering with the permanent project work, discovered after the award of the contract, shall either be relocated, altered, or reconstructed by the utility, or the Engineer may order changes in the work to avoid interference. Such changes will be paid for in accordance with General Provisions, Section 5, “Changes in Work”.

When the plans or specifications provide for the Contractor to alter, relocate, or reconstruct a utility, all costs for such work shall be absorbed in the contract bid items. Temporary or permanent relocation or alteration of utilities by the Contractor for convenience shall be theresponsibility of Contractor. Contractor shall make all arrangements, obtain all approvals, and bear all costs. The Contractor may, for convenience or to expedite the work, agree with the owner of any utility to disconnect and reconnect interfering service connections. The City shall not be involved in any such agreement.

7.08 D
elays - The Contractor is responsible for notifying utility companies in time to prevent delays attributable to utility relocations or alterations as called for in the Contract Documents. The Contractor shall not be entitled to damages or additional payment if such delay does occur. The Engineer will determine the extent of the delay based on the Baseline Construction Schedule (Section 8.05) and on the project as a whole, and any commensurate extension of time.

7.09 C
ooperation - When necessary, the Contractor shall conduct toperations so as to permit access to the worksite and provide time for utility work to be accomplished during the progress of the contract work.

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SECTION 8 – PROSECUTION AND PROGRESS

8.01 Notice to Proceed - Within twenty-one (21) calendar days following receipt of the signed agreement, bonds and insurance, the City shall issue the Contractor a Notice to Proceed provided that the documents are acceptable to the City. Unless stated otherwise, the contract time shall commence upon the receipt date on the Notice to Proceed.

8.02 C
ommencement of Work - Work shall commence within fifteen (15) calendar days following the receipt date on the Notice to Proceed, and shall be diligently prosecuted to completion within the time provided in the Notice to Bidders.

8.03 S ubcontracting - Unless otherwise indicated by the Special Provisions, the Contractor shall perform the majority of the project work.

8.04 A dministrative Duties - The Contractor shall coordinate the scheduling and timing of administrative duties with other activities to avoid conflicts and to ensure orderly project progress. Such activities include, but shall not be limited to, the preparation of construction schedules, preparation and processing of submittals, requests for information and responding to requests for quotations, attending and preparing for progress meetings and coordinating project closeout activities.

8.05 B aseline Construction Schedule – Within ten (10) calendar days of the Notice to Proceed, the Contractor shall submit to the Engineer an acceptable Critical Path Method (CPM) progress schedule showing the critical path for completing the various items of work within the number of contract days specified. The schedule shall show the order in which the Contractor proposes to carry out the major items of work and the dates on which he will start and finish the various items (including procurement of materials and equipment). If requested, the schedule shall be resource loaded to reflect person/crew hours and equipment loading for various construction activities in order for the City to better evaluate the proposed schedule.
(a) C
ity Review of Schedule – The City may review and note exceptions to the Contractor’s schedule, if it is not sufficiently detailed to clearly show the work to be completed during each month to assure the completion of the work within the project duration. The Contractor will be solely and exclusively responsible for resolving any exceptions, and the City’s review will not create any scheduling obligations of the City. Any noted corrections to the schedule shall be addressed within five (5) working days. (b) Update of Schedule – After submission of a schedule to which the City has taken no exceptions, the Contractor shall submit an updated schedule on a monthly basis or as otherwise specified by the City until completion of the work. The updated schedule must show the “As Constructed” progress up to the date for which the schedule has been prepared and reflect any proposed changes in the method of operations, to achieve the project milestones within the required project duration. (c) Float – The schedule must show early and late completion dates for each task. The number of days between these dates will be designated as “float”. The float will be assigned to the project and available for the City, at the Engineer’s discretion, to allocate the “float” to the Contractor as needed to complete the work in accordance with the agreement.
(d) Failure to Submit Schedule – If the Contractor fails to submit a schedule within the time periods specified in this sub- section, or submits a schedule to which the City has taken uncorrected exceptions, the City may withhold payments to the Contractor until such schedule is submitted and/or corrected in accordance with the Contract Documents.

8.06 T
hree- Week Look Ahead Schedule - The Contractor is required to furnish to the Engineer, on a weekly basis at the project’s progress meetings, a three-week look ahead schedule. The

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